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<br />e <br /> <br />e <br /> <br />r- - <br /> <br />.. . <br /> <br />( <br /> <br />.' <br /> <br />c <br /> <br />Page 2 <br /> <br />6. That nei ther of the officers requested that any food t <br />served. <br /> <br />7. That the officers were instructed not to ask for any food. <br /> <br />8. On the basis of the Sworn Complaint, Chief Building Officic <br />Paulissen did determine that a violation of Ordinance No. 1000-F <br />Section 1, Code of Ordinances, City of La Porte, exists. <br /> <br />9. By letter dated January 13, 1987, Chief Building Offici2 <br />Paulissen did require "...a verified audit for each of -tt <br />preceding 4 calendar quarters, showing the gross income deri VE <br />from the sale of alcoholic beverages and the gross income derivE <br />from the sale of food. Such verified audit shall be supported t <br />copies of licensee's invoices and cancelled checks to substantiat <br />its beer and food purchases..." Said letter was recei ved t <br />Joseph W. Chadwick of Sweet Pea's on January 31, 1987 (letter ar <br />return receipt are attached as Prosecution exhibit #2) <br /> <br />10. Sweet Pea has failed to prov ide the Ci ty of La Porte wit <br />"...a verif~ed audit for each of the preceding 4 calend~ <br />quarters, showing the gross income derived from the sale c <br />alcoholic beverages and the gross income derived from the sale c <br />food. Such verified audit shall be supported by copies c <br />licensee's invoices and cancelled checks to substantiate its beE <br />and food purchases. .'." (City of La Porte Ordinance No. 1000-F <br />Section 1). <br /> <br />11. No evidence was offered as proof that Sweet Pea derives 6: <br />of its gross income from the sale of prepared food. <br /> <br />12. No evidence was offered as proof that Sweet Pea serves be~ <br />as a beverage only in connection with the service of prepared foc <br />to a customer. <br /> <br />13. The City of La Porte has received no Sworn Complaint <br />alleging any violation by any permitted restaurant in connectic <br />wi th the sale of beer for consumption on premises, and no oth( <br />verified audits have been required of any other restaurant by tl <br />Chief Building Official. ' <br /> <br />If any further information is desired on this matter, please advise. <br /> <br />Respectfully submitted, <br /> <br />9- .G3, ).{.tt,~-r-..J ~ <br /> <br />J. B. Williamson <br />Administrative Hearing Officer <br />