2018-10-18 Liquor Adjudication Board Minutes

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Fuke: Is there any discussion on the penalty? Again, the Counsel and the Department is recommending a $1,000 fine with a $500 suspension. Is there any discussion on the penalty? Schoen: In this case, Mr. Chair, the Licensee took responsibility for this offense. They quickly addressed the issue and there was no previous violations. There were no actual liquor sales during the period of a person not in charge. That's the basis of recommendation. Fuke: Thank you. Could I have a motion on the penalty as recommended by the Corporation Counsel? Mukai: I move that we accept the recommendation as presented to us by the Corporation Counsel. Giffin: I second. Mr. Mukai moved that the Licensee in Case No. 2018-002, be assessed a penalty in the amount of $1,000 with $500 suspended for one year from the date of service of the Decision and Order, on the condition that there's no similar violations relating to Rule 5-2, and that $500 is to be paid within 30 days upon receipt of the Decision and Order; seconded by Ms. Giffin. Fuke: Any discussion on the penalty imposed? I just have one question. The report mentioned that there were two individuals on the premises and within the store when the inspector came out and noticed the violation. Because the report was not clear, my question is, was there any alcohol sale during that time and if so, whether the sale was consummated? Schoen: My understanding is there was no alcohol sale during that time. Gonzalez: That is correct. The investigator did not observe any sales while he was in the store; however, in his report he does note that between the hours of 3:00 P.M. and 4:00 P.M., the receipts from the register showed that there were four liquor sales totaling $60. Fuke: Okay. One other question, do you know what kind of immediate corrective action they took? They mentioned that business was slow, they had difficulty getting (employees) to come in that were PIAC, Person In Active Charge. Do you know how they rectified the situation and whether the next day they were able to open? Gonzalez: For that day, they immediately called someone in and someone was able to arrive there shortly after 4:00 P.M. to be in active charge of the premises. Subsequently, they made sure to have at least two people on shift. They actually have 54 employees and had all of them sign up to become card holders so this issue for scheduling doesn't occur. It's a small convenience store in the hotel so it's not going to have 10 or 12 staff at a time. That's what they did to rectify the situation. Fuke: Thank you very much. Any further questions by the Board Members? OCTOBER 18, 2018 - LIQUOR ADJUDICATION BOARD MINUTES 5