2018-12-06 Liquor Adjudication Board Minutes

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to the Department of Liquor Control. That recommendation by the Department is based on the fact that the Licensee did take responsibility. There have been no previous violations for this Licensee. Fuke: Thank you. May I have a discussion on the penalty itself? Again, the recommended penalty is $1,000 with $500 suspended. Mukai: For discussion purposes, I move that we accept the recommendation of the Corporation Counsel. Fuke: Is there a second? Giffin: Yes, I second. Mr. Mukai moved that the Licensee in Case No. 2018-007, 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 is no similar violation 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: Moved and seconded. Continue with the discussion. Pawasarat-Losalio: I wanted to know if they submitted an explanation regarding this? Gonzalez: We have not received anything in writing. Pawasarat-Losalio: He was requested to attend? Gonzalez: No. He selected Alternative 11 admitting to the allegation and then given the option to explain the circumstances for why he violated. Pawasarat-Losalio: And did not? Gonzalez: It's not a promise that he's going to be here. Pawasarat-Losalio: But they have the option to submit an explanation or something to explain? Gonzalez: Something in writing, an email, sometimes they turn in a letter. Sometimes they turn in a letter and show up. We don't have anything in this case. Fuke: The intent is to help mitigate or modify the penalty because he already conceded to the violation? Gonzalez: Right. He has admitted to the violation because he couldn't present any evidence to dispute that he didn't have a person in active charge there. What I do know is DECEMBER 6, 2018 - LIQUOR ADJUDICATION BOARD MINUTES 14