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Fuke: Can I ask you again, Ms. Schoen, to read the report relative to the dates of the <br />license issued, violations and recommendation for penalty? <br />Schoen: Yes, Mr. Chair. The original license was issued in 1999. There's been no <br />previous violations within the last five years. No previous Rule 3-8 violation. <br />Fuke: Can we go into the recommended penalty? <br />Schoen: Sure. The recommendation is a $1,500 fine with $1,000 suspended for one year <br />from the date of the service of the Decision and Order on the condition that there's no <br />similar violations of Rule 3-8, and that $500 to be paid within thirty days from the receipt of <br />the Decision and Order. <br />Fuke: Can I have a motion on the penalty and then we'll go into discussion? <br />Mukai: So move. <br />Giffin: Second. <br />Mr. Mukai moved that the Licensee in Case No. 2018-005, be <br />assessed a penalty in the amount of $1,500 with $1,000 suspended <br />for one year from the date of service of the Decision and Order <br />on the condition that there are no similar violations to Rule 3-8, <br />of the written Decision and Order; seconded by Ms. Giffin. <br />Fuke: It's been moved and seconded to accept Counsel's recommended penalty which is <br />$1,500 with $1,000 suspended. Is there any discussion on the penalty? <br />Giffin: No, but at this point we're going to ask for the rationale, right? <br />Fuke: Now's the time. So, is that your question? <br />Giffin: Yes. <br />Schoen: The basis of the recommendation is basically the licensee accepted <br />responsibility for the violation. They immediately cooperated with the Department's <br />investigation. They took immediate steps to better secure the alcohol during non -sale <br />hours by purchasing a lock. They also took immediate steps with the staff about non -sale <br />hours with respect to re-training and updating their cashier hardware to prompt the staff <br />when it's not a permissible time to sell alcohol, and no previous violations within the last <br />five years. <br />Fuke: Any further questions? <br />Mukai: Mr. Chairman, point of information. I think this a different class of violation that's <br />why the fine is $1,500 versus the previous $1,000? <br />Takase: Yes. So this was basically a sale after hours. <br />OCTOBER 18, 2018 - LIQUOR ADJUDICATION BOARD MINUTES 24 <br />