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<br />.. . <br /> <br />.- <br /> <br />~ <br /> <br />Page 2 <br /> <br />6. That neither of the officers requested that any food be <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 Officia~ <br />Paulissen did determine that a violation of Ordinance No. 1000-P, <br />Section 1, Code of Ordinances, City of La Porte, exists. <br /> <br />9. By letter dated January 13, 1987, Chief Building Official <br />Paulissen did require "...a verified audit for each of -the <br />preceding 4 calendar quarters, showing ,the gross income derived <br />from the sale of alcoholic beverages and the gross income derived <br />from the sale of food. Such verified audit shall be supported by <br />copies of licensee's invoices and cancelled checks to substantiate <br />its beer and food purchases..." Said letter was recei ved by <br />Joseph W. Chadwick of Sweet Pea's on January 31, 1987 (letter and <br />return receipt are attached as Prosecution exhibit #2) <br /> <br />10. Sweet Pea has failed to prov ide the City of La Porte with <br />"...a verified audit for each of the preceding 4 calendar <br />quarters, showing the gross income derived from the sale of <br />alcoholic beverages and the gross income derived from the sale of <br />food. , Such verified audit shall be supported by copies of <br />licensee's invoices and cancelled checks to substantiate its beer. <br />and food purchases..." (City of La Porte Ordinance No. 1 OOO-P, <br />Section 1). <br /> <br />11. No evidence was offered as proof that Sweet Pea derives 65S <br />of its gross income from the sale of prepared food. <br /> <br />'12. No evidence was offered as proof that Sweet Pea serves beer <br />as a beverage only in connection with the service of prepared food <br />to a customer. <br /> <br />13. The City of La Porte has received no Sworn Complaints <br />alleging any violation by any permitted restaurant in connection <br />with the sale of beer for consumption on premises, and no other <br />verified audits have been required of any other restaurant by the <br />Chief Building Official. . <br /> <br />If any further information is desired on this matter, please advise. <br /> <br />Respectfully submitted, <br /> <br />9- .{i3 ,);.tt..~~ ~ <br /> <br />J. B. Williamson <br />Administrative Hearing Officer <br />