ALJDEC

98A-0020-LIQ · Liquor Licenses and Control · 1998-08-10

IN THE OFFICE OF ADMINISTRATIVE HEARINGS

HEARING: August 10, 1998. APPEARANCES: The Department of Liquor Licenses and Control was represented by Assistant Attorney General Blair C. Driggs. The Respondent was represented by its attorney, Harvey M. Yee. ADMINISTRATIVE LAW JUDGE: Brian Brendan Tully _____________________________________________________________________

Based upon the entire record, the following Findings of Fact, Conclusions of Law and Recommended Order are made:

FINDINGS OF FACT

1. At the commencement of the hearing, both parties announced that they had reached a settlement agreement. 2. The terms of the settlement agreement are as follows: the Department of Liquor Licenses and Control agrees to dismiss Count 1 of the Complaint; Respondent admits that the allegations set forth in Count 2 of the Complaint are true; the parties agree to the imposition of a fine upon Respondent in the amount of $1,500.00. 3. The settlement agreement appears to be fair and reasonable under all the circumstances and it is determined to have been the product of a knowing and voluntary action on the part of each party.

CONCLUSIONS OF LAW

1. The policy of the law favors settlements of disputes and adverse parties should be free to adjust their differences by entering into agreements or stipulations of settlement which should be recognized and given effect by all tribunals. 2. The settlement as set forth in the parties’ settlement agreement, having been found to be reasonable and voluntarily made, warrants the dismissal of Count 1 of the Complaint, the conclusion that Respondent violated the provisions of A.R.S. §4-244(9) as charged in Count 2 of the complaint and the imposition of a fine in the amount of $1,500.00 for Respondent’s violation of A.R.S. §4-244(9).

RECOMMENDED ORDER

In view of the foregoing, it is recommended that Count 1 of the Complaint be dismissed. It is further recommended that the Director of the Department of Liquor Licenses and Control impose a fine upon Respondent in the amount of $1,500.00 for its violation of the provisions of A.R.S. § 4-244-(9). Done this day, August 10, 1998.

_________________________________ BRIAN BRENDAN TULLY Administrative Law Judge

Original transmitted by mail this ____ day of August, 1998, to:

Howard Adams, Director Liquor Licenses and Control ATTN: Susie Hamilton 800 West Washington, 5th Floor Phoenix, AZ 85007

By _______________________________

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Office of Administrative Hearings 1700 West Washington, Suite 602 Phoenix, Arizona 85007 (602) 542-9826