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2. Discussion/Motion - Renewal Applications <br /> <br />Kaddy Shack Restaurant - 1000 S. Boulder Road <br />Beer & Wine License <br /> <br />Morris called for any discussion or motion from the Authority on the renewal application from <br />Kaddy Shack Restaurant. <br /> <br />There was concern expressed by the Authority regarding the month-to-month rental agreement. <br /> <br />Secretary to the Authority will check with the Matt Cook, Colorado Division of Liquor, regarding <br />applicant's month-to-month lease agreement. <br /> <br />Attorney to the Authority read for the record State Statute 12.47.106.3 -" .... at all times the <br />licensee shall possess and maintain possession of the premises or optional premises for which the <br />license is issued by ownership, lease, rental or other arrangement for possession of such <br />premises .... "This section requiring the licensee to an affirmative obligation to at all times during <br />the period of the license to have possession of the premises. Under 12.47.138(1 B)" .... no <br />license/application for the issuance of a license shall be received or acted upon until it is <br />established that applicant is or will be entitled to possession of the premises for which application <br />is made under a lease/rental agreement or other arrangement for the possession of the premises or <br />virtue of ownership thereof..." It is making entitlement to possession of the premises one of the <br />requirements for getting a license. It does not say 12 months or for the period of the license, what <br />it says is that they have to be entitled to possession of the premises. <br /> <br />Authority members were concerned with the month-to-month agreement and requested to see the <br />lease agreement. The Attorney to the Authority felt that the Statutes do not designate how it <br />should be done, just so long as it, at the point you don't have it then you no longer have <br />possession and you are no longer entitled to a license. <br /> <br />Secretary to the Authority explained the lateness of the application was because the applicant <br />thought that the prospective new owners would take possession before the expiration of the <br />current license and since that didn't occur, he has applied for renewal to save money and time for <br />the prospective buyers. <br /> <br />Attorney to the Authority recommended that the Authority continue the meeting this evening for <br />consideration of this item on Wednesday at the training session. A vote can be taken on <br />Wednesday evening provided that the State says that a copy of a month-to-month lease agreement <br />is satisfactory or if that is not satisfactory, a copy of a lease agreement that is satisfactory be <br />provided and that there be a quorum. <br /> <br />Pine Street Junction - 1006 Pine Street <br />Hotel & Restaurant Liquor License - w/extended hours <br /> <br />Morris called for any discussion or motion from the Authority on the renewal application for Pine <br /> <br /> <br />