Local Licensing Authority Agenda and Packet 2014 10 27

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Local Licensing Authority Minutes September 22, 2014 Page 3 of 4 Carlson thanked Attorney Culley for a well-drafted memo and called for a motion on the proposed change of location. Hughes noted he would move to approve and why he would do so. He felt the change of location application met the current requirements of the City’s Retail Marijuana Licensing Code.He stated the definition of public or private, elementary, middle, junior high or high school in 5.11.020 provides that the school must be an existing school. The only exception being the usepermitted by right on a planned community general development plan, which has been grantedapproval by the City Council on or before the application for a retail marijuana establishment license. His understanding was the approval of a PUD was not the equivalent of the approval of a planned community general development plan. Even though the definition in 5.11.020 does not include a preschool, it seems reasonable the City Council would include a preschool within the definition that would require the school be existing, rather than planned through a PUD. He felt if City Council thought otherwise, they would have specified. Because aschool is proposed, but does not exist, he felt the application for a change of location meets the distance requirements of City Code and is therefore permitted. Hughes moved to approve the change location. Carlson concurred and felt Regulation 47-326was instructive although not binding in this as well. He called for a second on Hughes’ motion. Lipton seconded. Roll Call Vote: Lipton – yes, Tennessen – yes, Machado – yes, Carlson – yes and Hughes – yes. Police Department Reports A.Incident Report – Cinebarre – 8/23/14 Police made contact with one of Cinebarre’semployees who appeared to have been drinking. Authority members discussed employee’s drinking at their own establishment and hours of service in general. It was noted it would be difficult to prove the establishment over-served, but the Authority was glad they were able to review the incident report. B.Incident Report – Blue Parrot – 8/21/14 A patron in the bar of the establishment was asleep or passed outwith a drink sitting in front of him. Sergeant Lanphere gave the Authority members some background on the incident. There was mention in the report of the patron having been at another establishment in town prior to being at Blue Parrot. Lipton moved the Authority order a show cause hearing for Blue Parrot to be held at the October 27, 2014 meeting and staff appoint a special prosecutor. Machado seconded. Authority Attorney Culley offered a friendly amendment to add the proper citations for the show cause as C.R.S. 12-47-901 (1)(a), Regulation 47-900, LMC 9.22.060, all relating to service to a visibly intoxicated person. Motioner and seconder agreed. Roll Call Vote: Lipton – yes,