2018-10-18 Liquor Adjudication Board Minutes

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Giffin: I have a question. So if I understood you correctly, please correct me if I'm wrong, it's my understanding that you said Mr. Vine implied to you that his card was current. Is that correct? Twentyfive: When I asked him he said, "no it expired." But up until that point, when we would all discuss cards and so on, he never gave me any impression that it had expired. If he knew that or not, I don't know. I don't know if he honestly knew that his card was expired or not. But, my impression was that it was valid up until they came in. Then we all found out it was expired. No, it's not something we look at all the time, and yes, we didn't have it posted where we could...we lost track of that one, the most important one. Fuke: Thank you. Andi, any questions? Can I ask the (Assistant) Corporation Counsel to read the report regarding the license issued and recommended penalty? Schoen: Yes, thank you Mr. Chair. The date of the original license was December 24, 2008. There's been no previous Rule 5-2 violations, but the licensee does have other prior charges. One with respect to, in 2013, sale of liquor to a minor. There's also, in 2014, failure to have the liquor Rules and Regulations on the premise. Our recommendation, basically, is that $1,000 fine be imposed with $250 suspended and that $750 be payable to the Department of Liquor Control within thirty days of issuance of the Decision and Order. The basis for that recommendation is just looking at the circumstances of this violation, we feel like the licensee was not very forthright about the time that the person in active charge left the premises. The worker said that the person in active charge left at 6:00 P.M. The schedule shows 6:00 P.M. but you hear Ms. Twentyfive saying she clocked out at 5:00 P.M. That's the basis for our recommendation. Fuke: The recommended penalty is $1,000 with $250 suspended. We're into discussion before going to a motion. Do you want to say anything or to clarify? Twentyfive: Just quickly that I clocked out of the system at 5:00 P.M. but I stayed and shopped and I had to pull the forklift in and so I left the building at 6:00 P.M. However, and not exactly, around 45 minutes to an hour later, but I was not clocked in, just for clarification. Fuke: Thank you very much. Is there any discussion before the motion on the penalty? Again, Counsel is recommending $1,000 with $250 suspended. Mukai: Mr. Chair, I move to accept the recommendation of the (Assistant) Corporation Counsel which is a $1,000 fine, $750 payable within thirty days, $250 suspended. Fuke: Is there a second on that? Giffin: No. Fuke: We'II do a second for discussion purposes only. Masuda: Yes, that's correct. Giffin: Then I will second. OCTOBER 18, 2018 - LIQUOR ADJUDICATION BOARD MINUTES 20