Local Licensing Authority Minutes 2007 01 22

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Local Licensing Authority Minutes January 22, 2007 Page 3 of 5 about location of the liquor and training of the servers. Rommelfanger moved the Authority approve the transfer of the hotel and restaurant liquor license for Tao Asian, Inc. Wilson offered a friendly amendment the transfer be dependent on the background checks coming back with no reports. Rommelfanger accepted the amendment. Koertje seconded as amended. Roll Call Vote: Wilson -yes, Lipton -yes, Carlson -yes, N:oertje -yes and Rommelfanger -yes. E. Show Cause Hearing -Hei Han Enterprises, Inc. d/b/a Henry's Bar and Grill -Tavern ILiquor License - 935 Pine St. Chairperson Wilson called thE; hearing to order. Stefan Fredricksmeyer, Special Prosecutor for the Authority and Erik Johnson, attorney for Hei Han Enterprises, identified themselves for the Authority. Chairperson Wilson made thE: order to show cause and notice of hearing a part of the record. After brief opening statements, Sergeant Robert Olin of the Louisville Police Department was called to the witness stand. He took the oath and testified he responded to a call on the night in question to a report of an assault near Henry's Bar and Grill, 935 Pine St. His contacted the victim, Mr. Faley, who was visibly intoxicated and had an injury to his face. The paramedics were then called to transfer Mr. Faley to the hospital. Officer Patrick Fitzgibbons was called to the stand and testified he was dispatched on a report of an <~ssault in a parking lot near Henry's. A person, later identified as John Faley, reported he was in Henry's and was assaulted by two males when he left the establishment. Mr. Faley appeared to have serious injury to his right eye and was intoxicated. He also reported he had three drinks at Henry's. Blood results from tlhe hospital, obtained by the officer, were entered into evidence. Officer Fitzgibbons reported he later contacted the bartender, Cindy Jenke. When asked, she stated John Faley came in to the bar about eight o'clock, he was intoxicated, she served him three beers, he later became agitated about something anti she asked him to leave. Ms. Cindy Jenke, 4326 E. 13!5th Way,Thornton, CO 80241 a bartender at Henry's Bar and Grill was sworn in as a witness. She reported on her alcohol service experience and training. Shea stated she had not had a violation in her nearly twenty years of alcohol service. Ms. Jenke reported Henry's has a policy of not serving anyone who is intoxicated. She was asked if she was familiar with Mr. Faley. She said she had seen him a time or two but didn't really know him. She reported when Mr. Faley came in to the bar between 8 and 8:30 P.M., his speech was normal, his eyes were not glassy and he did not smell of alcohol. Ms. Jenke said she remembered servinci him draft beer. About two hours later, Mr. Faley became angry with some people he was talking to and Ms. Jenke asked him to leave. He exited out the back door. Ms. Jenke stated she did not see any other patrons follow him out of the Ibar. She also stated she did not see anything in the parking lot in the back when she left the area.