2017-09-21 Liquor Adjudication Board Minutes

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Schoen: First, Nyssa, would you please pass out the exhibits so the Board Members can follow along with me. I've prepared a timeline for the Board which is Exhibit 1. It sets out what happened in this case. A Decision and Order dated April 28, 2017, involved Case No. 2017-005 and 2017-006. In those cases, this Board ordered a total payment of $7,820.00. The Decision and Order was served on the Licensee on April 30, 2017, therefore, payment was due on May 30, 2017. No payment was received by the Department. The Department did contact the Licensee on June 26, 2017, and told them they have to pay at least $7,000.00 by June 29, 2017. Payment was received on June 29, in the amount of $4,000.00 but there was $3,820.00 outstanding. We again extended the deadline to pay until July 28, 2017. When no payment was received, this Complaint was filed to pay that outstanding amount of $3,820.00. Payment was subsequently received by the Licensee for the remainder. We do have payment received and you will find that in Exhibit 6, for $1,910.00, on August 9, 2017, and another payment on the August 29. Fuke: I understand the nature of them being delinquent, but what I was getting at is what led up to the nature of the fine? Gonzalez: We are focusing on Case No. 2017-011. The basis for this new charge are two underlying cases. I am going to call it "005" and "006." In April of this year, for Case 005, the violation was a failure to pay the percentage fees under Rule 3-6-C. The Licensee was assessed a $2,000.00 fine and ordered to pay a total of $7,720.00. Fuke: The percentage fee is the annual fee that all licensees have to pay? Gonzalez: Yes, and for Case 006, it was a $100.00 fine because they failed to file their report of sales. Those are the underlying cases that led to the fines. Fuke: The infraction wasn't serving an underage minor or something like that? Gonzalez: No. Fuke: It was just for failing to pay a fee. Gonzalez: Correct, failing to pay the fee that feeds our budget which makes sure we can fund our operations and maintain enforcement. Fuke: Thank you. Giffin: Mr. Chair? Is this the part where we are able to ask questions to speak to the Licensee? Lindsey: It is my understanding that we are going to let the Licensee introduce himself and present his case. Lindsey: Anything further? If none, all those in favor of the motion please say "Aye." SEPTEMBER 21, 2017 - LIQUOR ADJUDICATION BOARD MINUTES 4