Local Licensing Authority Minutes 2005 03 28

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Local Licensing Authority Minutes March 28, 2005 Page 3 of 7 present during this evening was properly trained and it is his policy to send his staff to server training. Mr. Mulvahill asked if a fine in lieu was appropriate. Mr. Newman stated he would not consider a fine in lieu and would rather serve the suspension. Authority members commented the establishment has had a definite improvement since Mr. Newman took over and agreed a minimum suspension was appropriate. Wilson moved based on findings of fact and conclusions of law as set forth in the findings of fact it be recommended the Licensee's hotel and restaurant license be suspended for a 3 day period for this violation, with 2 days to be held in abeyance for a period of twelve months from this date. Rommelfanger seconded. Roll Call Vote: Mulvahill - yes, Wilson - yes, Rommelfanger - yes and Koertje - yes. Motion carried. Discussion centered on when to have the day served. Mr. Newman was directed to choose a day to serve the suspension and to advise the Authority Secretary for posting purposes. C. Public Hearing - New License Application - Jalisco Dos Amigos, Inc. d/b/a Casa Alegre - Hotel and Restaurant License - 1006 Pine St. Mulvahill opened the public hearing on the new license application. Secretary Hanson stated the application was complete and included in the Authority packet. Fingerprints are on file with the state and the hearing had been posted and published in accordance with state law. Hanson mentioned the applicant did owe one month sales tax to the city. No objections were entered to having the boundaries of the neighborhood be the city limits of the City of Louisville. Mulvahill moved the entire application as contained in the Authority packets be made a part of the record of this hearing. Rommelfanger seconded. All in favor. Nazario Fregoso, 2855 Rock Creek Circle, Superior, CO, owner of Casa Alegre, entered his appearance. Secretary Hanson gave him the oath. He stated the restaurant really needed the liquor license for the evening patrons. Wilson questioned a portion of the lease stating the lease would be void if a liquor license was not obtained by February 1, 2005. Attorney Light asked if the landlord was letting the business operate and if he had made any effort to evict the applicant. The answer was no. Attorney Light stated there could be a license granted with a condition of the lease being corrected to the satisfaction of the City before being sent to the state. Tony Martinez, 1727 Clinton St. Aurora, Colorado, reported he had called the landlord and the lease would be revised tomorrow.