2017-12-07 Liquor Adjudication Board Minutes

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have to follow. Does that seem accurate? Do you understand that? Do you agree with that? Nguyen: Yes, sir. Smith: Okay. I know this is uncomfortable for you. You came here dressed well and you're taking this seriously. We just want you and the rest of your fellow workers to understand it's important to follow the rules. We want you to be successful. Just follow the rules and everything's fine. Nguyen: Yes, sir. Fuke: Any other questions? There were no further questions from the Board Members. Giffin: No, but I do appreciate you coming. Nguyen: Thank you. Fuke: Can we have a discussion on the penalty? Gonzalez: Yes. For compliance checks, to be consistent in prior penalties imposed for compliance check failures, the Department is recommending the $2,000 fine with $1,000 being suspended. The license for this Licensee was originally issued on January 16, 2014. Since that time, there has been one violation for failure to pay percentage fee and that was on November 16, 2016. They do have one violation, not related to Sale to a Minor. We are recommending the $2,000 fine with $1,000 suspended for one year from the date of service of the Decision and Order, on the condition that there are no similar violations and that $1,000 is to be paid within 30 days upon receipt of the Decision and Order. I think Board Member Smith touched upon the rationale that everyone on the Licensee chain is responsible. The Licensee has to figure out the way they can hold their frontline employees accountable and responsible so that it's not just the corporate structure making the payment. One other path they could have taken was to fire Mr. Nguyen, but that wouldn't help anybody really. I think they're trying to make good use of the situation as best as they can to make sure that everybody understands the responsibility that is due so that they know what the usual fine is for this type of violation as well. Fuke: Quite honestly, I think it's good that the Licensee is trying to hold the specific violator accountable and in so doing you're trying to change the culture. I think what your employer is trying to do is to say that kind of culture doesn't work. We have to be more mindful and respectful of what the regulations call for. If you let that go, it can eventually snowball into something else. Having said that, is there a motion on the recommended penalty? Giffin: I move that we do accept the recommended penalty as proposed by Mr. Gonzalez. DECEMBER 7, 2017 - LIQUOR ADJUDICATION BOARD MINUTES 14