PHX-#11949996-v1-DLLC_Supp__Evidence_Packet.PDF

24A-231573-SLB-LIQ · Liquor Licenses and Control · 2024-03-06

KRISTIN K. MAYES Attorney General Firm State Bar No. 14000 DEANIE REH Assistant Attorney General State Bar No. 005170 Telephone: (602) 542-8322 Public Law Section 2005 N. Central Ave. Phoenix, Arizona 85004 Facsimile: (602) 542-4385 [email redacted] Attorney for the Arizona Department of Liquor Licenses and Control BEFORE THE ARIZONA LIQUOR BOARD IN THE OFFICE OF ADMINISTRATIVE HEARINGS In the Matter of Restaurant OAH Docket No.: 24A-231573-SLB-LIQ Liquor License, Application No. License Application No.: 231573 231573, filed by SUPPLEMENT TO LIST OF POSSIBLE Sol Park, Agent WITNESSES AND EXHIBITS AZ Stone 1 LLC SUBMITTED BY THE ARIZONA The Stone Korean Tofu House DEPARTMENT OF AGRICULTURE, 6910 E. Hampton Avenue ANIMAL SERVICES DIVISION Phoenix, AZ 85042, Applicant. (Assigned to the Hon. Jenna Clark) Prehearing Conference: March 7, 2024, @ 1:30 p.m. Location: Telephonic

The Arizona Department of Liquor Licenses and Control (the “Department”), by

and through undersigned counsel, submits a Supplement to its List of Possible Witnesses

and Exhibits as indicated below.

POSSIBLE WITNESSES: 1. Sergeant Elissa D’Amato Arizona Department of Liquor 800 West Washington St Phoenix, Arizona 85007 Witnesses may be contacted through Deanie Reh at 602-542-8322. EXHIBITS

19. Investigation Report and related records in Case # 24-000301, regarding sale of

liquor without a valid permit or license, Bates Stamp # DLLC139 to DLLC147.

The Department reserves the right to use any exhibits proposed to be used by the Applicant in this matter. In addition, the Department reserves the right to supplement this list as necessary in the event additional witnesses and exhibits pertinent to this case are discovered as it continues to prepare its case for hearing. RESPECTFULLY SUBMITTED on the 6th day of March, 2024, KRISTIN K. MAYES Attorney General By: /s/ Deanie Reh Deanie Reh (005170) Assistant Attorney General Attorney for Arizona Department of Liquor Licenses and Control

ORIGINAL of the foregoing filed this 6th day of March, 2024, with: The Office of Administrative Hearings Hon. Jenna Clark, Administrative Law Judge 1740 West Adams Street, Lower Level Phoenix, Arizona 85007 Via https://portal.azoah.com/submission/ COPY of the foregoing mailed and/or sent electronically on the 6th day of March, 2024, to: Michael Raine Boesen & Snow LLC 8501 E. Princess Dr., Suite 220 Scottsdale, AZ 85255 [email redacted] Attorney for Applicant Gino Duran Assistant Director & General Counsel Arizona Department of Liquor Licenses and Control [email redacted]

By: /s/ Deanie Reh or Erika Estrada #11949983/11949996

EXHIBIT 19

DLLC139 State of Arizona Department of Liquor Licenses and Control Investigation Report Case Information Case Number: 24-000301 Type of Report: Other Title 4 Assigned To: Reed, Kelsea Actual Insp. Date: February 22nd, 2024 Complaint Source: On View Date of Incident: 02/22/2024 Inv Priority: LOW

License Information License Number: INP070026405 Location Name: THE STONE KOREAN TOFU HOUSE Address: 6910 E HAMPTON AVENUE MESA, AZ 85209 USA Owner/Agent Name: SOL PARK Phone: (480) 628-9780

Complainant Information Complainant Name: DR #: Address: Phone: Date Received: Received By:

Violations Admin. Criminal Violation Counts Counts Code Violation Description 4 4-244.1 4-244.1 - Selling without a license

Summary On February 22nd, 2024, Sergeants E. D’Amato #90 and I were notified by Chief B. Fletcher that The Stone Korean Tofu House had an expired Interim Permit and was possibly selling alcoholic beverages on the expired Interim Permit. On February 22nd, 2024, at approximately 1830 hours, Sergeants arrived at the listed establishment and sat down at a booth. While inside the establishment, Sergeants observed one table with two empty beer bottles, a male inside the establishment was drinking one Dos Equis beer, and I was provided with a Soju Yogurt flavored beer. I then contacted the owner, Sol Park, and advised him of what occurred inside his establishment. I issued Sol a criminal citation (#11159) for four counts of A.R.S. 4-244.1; Selling without a liquor license. See narrative for more details.

Findings Investigator Inv. Supervisor Inv. Chief Compliance Actionable/By: YES / Reed, Kelsea Barrera, Filbert Date: 02/26/2024 Reason Non-Actionable: Compliance Comment:

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DLLC140 Other Violations:

Citations: #11159 – Issued to Sol Park

Suspects:

Witness/Subpoena List: Sergeant Kelsea Reed #100 Sergeant Elissa D’Amato #90 Arizona Department of Liquor 800 West Washington St Phoenix, Arizona 85007

The Stone Korean Tofu House Sol Park (Licensee/Agent) 6910 E. Hampton Avenue Mesa, Arizona 85209 480-628-9780

Sol Park 1250 W. Grove PKWY #2006 Tempe, Arizona 85283 SEX: M / HGT: 5’04 / WGT: 135 / EYES: BRO / HAIR: BRO [SSN redacted]0

Property/Evidence List:

Attachments: Photograph of alcohol Suspect Suspect ID Citation Receipt

Narrative:

On February 22nd, 2024, Sergeants E. D’Amato #90 and I were notified by Chief B. Fletcher that The Stone Korean Tofu House had an expired Interim Permit and was possibly selling alcoholic beverages on the expired Interim Permit. I then conducted a license search on the Interim Permit #INP070026405 to ensure it was expired. It listed #INP070026405 as expired on 02/21/2024.

On February 22nd, 2024, at approximately 1830 hours, Sergeants arrived at the listed establishment and sat down at a booth. While inside the establishment, Sergeants observed

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DLLC141 one table with two empty beer bottles on a table with the name of Cass Fresh. Cass Fresh is a non-pasteurized lager-style beer containing malt, hops, rice, and water. A male inside the establishment was drinking one Dos Equis beer. I then asked our waitress, Sue, for an alcoholic beverage of her choosing. Sue provided me with a Soju Yogurt-flavored beer. Soju is an alcoholic beverage made out of fermented grains and other starchy ingredients. While inside the establishment, I did not observe their current expired Interim Permit on display. I did observe an Interim Permit #INP070022425 that expired on 06/06/2023 on display. The establishment also had a stocked refrigerator with alcoholic beverages inside of it. After sitting inside the establishment for 30 minutes and not observing any more people entering, I utilized my covert funds to pay the receipt and Sergeants exited the establishment.

I then contacted the owner, Sol Park, and advised him of what occurred inside his establishment. Sol advised that his attorney told him his license was good and he did not know his license was expired. Sol was cited (#11159) and released upon his written promise to appear for four counts of A.R.S 4-244.1; Selling without a liquor license.

End of report.

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DLLC142 DLLC143 STATE OF ARIZONA DEPARTMENT OF LIQUOR LICENSES AND CONTROL ALCOHOLIC BEVERAGE LICENSE

PERMIT License INP070026405 Issue Date: 12/28/2023 Expiration Date: 2/21/2024 012 RESTAURANT

Issued To: Mailing Address: SOL PARK, Agent SOL PARK AZ STONE 1 LLC, Owner AZ STONE 1 LLC THE STONE KOREAN TOFU HOUSE Location: 7611 S 36TH STREET THE STONE KOREAN TOFU HOUSE APT 216 6910 E HAMPTON AVENUE PHOENIX, AZ 85042 MESA, AZ 85209 USA USA

EXP 2/21/2024 POST THIS LICENSE IN A CONSPICUOUS PLACE

DLLC144 DLLC145 DLLC146 DLLC147