2017-12-07 Liquor Adjudication Board Minutes

Home

Masuda: You don't have to make it part of the vote. You can vote on the penalty now, and later discuss the Finding of Fact of what you wanted to say is should another violation like this occur not only will the suspended portion be imposed but the Board may also consider suspending the license. Gonzalez: Mr. Chair, I'd like to check with something with the Secretary. My recollection is there was only a motion to find the Licensee in violation of the charge. You merely asked me for my recommendation for a penalty but you didn't put a motion on it. Masuda: I thought he did make a motion. The Secretary indicated that there was a motion to find the Licensee in violation of the charge. Gonzalez: To find in violation, which was done. But there's no motion for imposing any penalty. So you're free to craft the language however you want it. Fuke: The Chair will entertain a motion for a penalty and the recommended penalty by the Department is $2,000 with $1,000 suspended. Is there a motion to that effect? Giffin: I so move. Smith: Second. Ms. Giffin moved that the Licensee in Case No. 2017-013, be assessed a penalty in the amount of $2,000 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 to Rule 3-8-D, and that $1,000 is to be paid within 30 days upon receipt of the Decision and Order; seconded by Mr. Smith. Masuda: To clarify, the second thousand engages if there's similar violations. Fuke: That's what I think that Staff's recommendation is, right? Gonzalez: Yes. Fuke: Any discussion on it? As I understand, the motion itself does not have to necessarily include the added verbage about violating again. Masuda: Yes, we can do that. Fuke: All those in favor, say "Aye." The Board Members voted "Aye Fuke: All those opposed, "Nay." There was no opposition by the Board Members. DECEMBER 7, 2017- LIQUOR ADJUDICATION BOARD MINUTES 20