Beer Board

CITY OF BRISTOL TENNESSEE MINUTES OF THE BEER BOARD MEETING HELD MARCH 20, 2013 BOARD MEMBERS PRESENT CITY EMPLOYEES PRESENT Mr. Craig Kistner – Chairman Major Tim Eads Mr. Walt Vernon – Vice Chairman Lt. Glenn James Ms. Helen Pickel Lt. Brad Tate Inv. Daniel Graham Mr. Jack Hyder Ms. Robin Stedman Call to Order – At approximately 5:00 pm on March 20, 2013, Mr. Kistner, Chairman of the Beer Board for the City of Bristol, Tennessee, called the meeting to order in the Conference Room of the Ewell L. Easley Municipal Bldg., located at 104 Eighth St., Bristol, Tennessee. Review of Minutes – Board Members reviewed the February 27, 2013 meeting minutes, the minutes were approved as read. NEW BUSINESS Alcohol Sales Compliance Check, Casa Mexicana Restaurant, 1020 Volunteer Pkwy., Bristol, TN, 37620 – Mr. Kistner called the Representative for Casa Mexicana Restaurant before the Board, Mr. Dudley Senter, Attorney, appeared with the Owner, Mr. Jose Rosales. Mr. Senter explained Mr. Rosales does not speak English, and introduced Mr. Jean Paul who will act as Interpreter. Mr. Kistner asked if Mr. Rosales understands why he has been summoned before the Beer Board, Mr. Senter advised he does. Mr. Kistner then called Inv, Graham, BTPD/SCU, before the Board and asked him to brief Board Members on the offense. Inv. Graham advised on February 11, 2013, he and members of the Street Crimes Unit (SCU) conducted an Alcohol Sales Compliance Check at Casa Mexicana using an underage Confidential Informant (CI), date of birth October 9, 1992. The CI was instructed to answer any questions truthfully, and present his legally issued drivers license if asked for ID. He was given $10 and he and Inv. Graham entered the restaurant and were seated. The server took their order and asked for the CI’s ID, which he produced, the server looked at the ID then left. The server returned, again asked for the ID, which the CI again produced, the server physically took the ID, looked at it, then served the CI a Bud Lite, which the CI paid for with the $10. After the CI left the restaurant Inv. Graham identified himself and issued a Citation to the server for the sale of alcohol to a minor. Mr. Kistner verified the server looked at the ID two times, Inv. Graham said he did. Ms. Pickel asked if the drivers license has “Under 21” in red on it, he verified it does. Mr. Senter asked if the CI showed the license two times, Inv. Graham said he did, Mr. Senter asked if Inv. Graham was at the table, Inv. Graham said he was. Mr. Senter asked if the server took the license with him or stayed at the table, Inv. Graham said he stayed at the table when he looked at it, but Inv. Graham did see him looking at a chart showing when a person can be served alcohol. Mr. Senter asked what time of day this took place, Inv. Graham said it was 4:25 pm. Mr. Senter asked if it was busy, Inv. Graham said it was about 30 – 40% full. Mr. Senter asked how the server acted, 1 Inv. Graham said he acted normal. Mr. Vernon asked what the server had to say when he was cited, Inv. Graham said he said he checked the chart, but his English was not fluent. Ms. Pickel said maybe he only checked the year. Mr. Senter asked the date of the investigation, Inv. Graham advised on February 11, 2013, Mr. Senter asked when the CI will turn 21, Inv. Graham advised on October 9, 2013, Mr. Senter asked if the CI is male or female, Inv. Graham advised the CI is male. Mr. Senter asked if Mr. Rosales had any questions, he did not, he advised he understands what happened, he has seen the video and the server should have known what to do, they are all trained not to sell to minors. Mr. Senter asked if the manager has talked to all of the servers, Mr. Rosales advised everyone knows to check the date chart, but that the server became confused. Mr. Senter asked if there have been any other violations, Mr. Rosales advised this is the first. Mr. Kistner advised that even though the server got confused he still served alcohol to a minor, and the owner is ultimately responsible. Ms. Pickel said if the server was confused he should have stopped the sale and gotten the manager. Mr. Rosales advised he has a lot of businesses, that is why he has managers, but he understands he is responsible for his employees. Mr. Senter requested the Board consider this is his first violation, and he takes it very seriously. The server did try, but made a mistake. Mr. Vernon asked when the Beer Permit was issued, Ms. Pickel advised in July 2006. Ms. Pickel made a Motion to Suspend the Permit for 10 days, with the option to pay a $1500 Civil Penalty, seconded by Mr. Vernon. Mr. Senter asked if that is the minimum the Board will consider, Ms. Pickel said it is. Mr. Kistner advised the 10 day or $1500 Civil Penalty is in keeping with Penalty’s handed out to other first time offenders. Mr. Kistner then called for a vote, the Motion was approved by unanimous vote. Alcohol Sales Compliance Check, Philadelphia Grill, 725 Bluff City Hwy., Bristol, TN, 37620 – Mr. Kistner called Ms. Donna Hilzendager, Owner of Philadelphia Grill, before the Board and asked her if she understands why she was summoned to appear before the Beer Board, she advised she does. Mr. Kistner then called Inv. Graham to brief the Board on the offense. Inv. Graham advised on February 11, 2013 he and other officers of the SCU, along with an underage CI, conducted an Alcohol Sales Compliance Check at Philadelphia Grill. The CI was told to answer any questions truthfully, and to present his legally issued drivers license if asked for ID, he was given $20 and he and Inv. Graham entered the restaurant at 4:55 pm. They were seated and the server arrived to take their order, the CI ordered a beer and the server asked for his ID, which the CI provide, the server briefly looked at the ID, then served the CI with a beer. The CI paid for the beer with the $20 and left the restaurant, Inv. Graham then identified himself and issued a citation for the violation. Ms. Pickel asked if the CI drinks the beer, Inv. Graham advised he does not, that the beer is photographed and dumped. Mr. Kistner asked if Ms. Hilzendager had any questions for Inv. Graham, she did not, Mr. Kistner then asked Ms. Hilzendager what happened, she said the server didn’t look at the ID long enough, he didn’t focus and only looked at the year. She said he was trained, he did attend a class, he simply made a mistake. Mr. Kistner asked what she is doing to prevent a repeat. Ms. Hilzendager advised she continues to hold training, and the server has been moved to the kitchen. Mr. Kistner asked if she has a “cheat sheet” to help the servers identify when someone is underage, She said she has 2 cheat sheets for the servers to use to ensure they don’t serve anyone underage. Mr. Vernon asked if they are posted upstairs or downstairs, she said both. Ms. Pickel asked if there are any prior violations, Lt. James advised not under this Permit. Ms. Pickel asked about the previous Permit, Lt. James advised they appeared before the Board May 17, 2006. Ms. Pickel made a Motion to Suspend the Permit for 10 days, with the option to pay a $1500 Civil Penalty, 2 seconded by Mr. Vernon. There being no further discussion, the Motion was approved by unanimous vote. Alcohol Sales Compliance Check, El Agave Restaurant, 329 8th St., Bristol, TN – Mr. Kistner called for a Representative for El Agave Restaurant to appear before the Board, there was no one present. Mr. Hyder asked if Lt. James had a delivery confirmation, he advised no, he mailed it the same day as the others. Mr. Hyder suggested in future they be hand delivered or mailed by certified mail. Mr. Kistner asked if Board Members wanted to hear the offense or postpone it, Ms. Pickel and Mr. Vernon advised they would prefer to proceed with the offense, Mr. Hyder advised the owner of El Agave can file a protest at a later date if he wishes to. Lt. James advised he will hand deliver the Board’s decision and obtain a signature of receipt. Mr. Kistner called Inv. Graham before the Board to describe the offense. Inv. Graham advised on February 11, 2013, he and other members of the SCU conducted an Alcohol Sales Compliance Check on El Agave Restaurant with the assistance of an underage CI, the CI was given $10, again told to be truthful if asked any questions, and produce his true ID if requested. He and Inv. Graham entered the restaurant at 3:25 pm, they were seated and the server came to take their order, the CI ordered a beer, the server asked for his ID which he produced, she glanced at it and served the beer. The CI paid for the beer and left the restaurant. Inv. Graham identified himself and issued an citation to the server. Inv. Graham advised the server has already appeared in court and pled guilty. Ms. Pickel asked how old an employee must be to serve alcohol, Lt. James advised a server must be 18 or older to sell, but cannot consume or possess. Mr. Vernon asked if the Board is required to give the business a choice between Suspension or Civil Penalty, Ms. Pickel made a Motion to Suspend the Permit for 30 days, with the option of a $2500 Civil Penalty due to their failure to answer the summons. Mr. Hyder advised penalizing the business for not appearing before the board when there is no proof they actually received the summons could cause problems. Following further discussion Ms. Pickel withdrew her Motion. Mr. Vernon made a Motion to Suspend the Permit for 10 days with the option of a $1500 Civil Penalty, seconded by Mr. Kistner. The Motion was approved on a 2 to 1 vote. Lt. James advised he will hand deliver the Board’s decision on March 21, 2013. Summons to Appear Before the Beer Board – Mr. Vernon asked if it is a City Council matter, or if the Board can direct how a Summons is to be delivered, Mr. Hyder advised it would be up to the Beer Board as long as it is delivered at least five days prior to the Board Meeting, in accordance with City Ordinance. Ms. Pickel made a Motion that in future all Summonses to the Beer Board be hand delivered by a Police Officer, the Motion was seconded by Mr. Vernon. Lt. James brought up the matter that some Permit holders do not live locally, Mr. Hyder advised in that case the Manager can be served. The Motion was approved by unanimous vote. Mr. Kistner asked Major Eads of that will be a problem for the Police Dept., he said it would not. Mr. Kistner asked if there is any further business to conduct. Lt. James advised there is no old business and no pending business. He has sent out one Application, but has not heard anything back on it. Ms. Pickel asked Lt. James if he researched her question concerning Board Member Absences, he advised it does not give a specific number, that he and Major Eads researched the City Ordinance and it states: . . . three consecutive meetings without providing good cause, . . ., Ms. 3 Pickel said she thinks that has changed and now merely states that if you miss three consecutive meetings you could no longer serve on a Board. Lt. James stated that as of this meeting what he read is what the City Ordinance says, she asked when that was passed, Mr. Hyder said in 2006, it states: An appointed member of the various Boards of Commission of the City, who has absence from three consecutive meetings without providing good cause therefore, may by a recommendation of the Board of Commission be deemed by the City Council to have resigned from such Board of Commission, and City Council may proceed to appoint his or her successor. Ms. Pickel advised Mr. Dowell has missed the last four meetings, and asked Lt. James if he has the list back to December 2012, he said he did not, she asked him to research the matter, and asked Mr. Kistner to contact him and find out if he wants to remain on the Beer Board. Both advised they will There being no further business to conduct Mr. Kistner advised he will schedule the next meeting when notified of business to be conducted, the meeting was adjourned. 4