Local Licensing Authority Minutes 1995 12 18

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Informational item only. APPOINTMENT OF OFFICERS a. Chairperson b. Vice Chairperson DISCUSSION/MOTION - RENEWAL APPLICATION(S) Rock Inn, Inc./d/b/a Louisville Mine Steakhouse Hotel & Restaurant Liquor License 732 Main Street Louisville, CO 80027 The business closed its doors in the summer, but the applicant still has possession of the premises and would like to keep the license active to help the sale of the business. 4. Discussion/Direction - Gentleman Jim's Bar & Grill Authority Attorney reviewed the process of a "Show Cause Order." The Authority on its own motion can proceed if it feels it is warranted to set a "Show Cause Order" for the licensee. Typically what is required is to draft a show cause order which is served upon the license holder, generally by mail or in person. Twenty days notice is recommended. The most convenient thing would be to schedule for the next meeting. Based upon the investigative report the board can take that action and based upon what it determines at the heating can determine what action is appropriate, anywhere from dismissal to suspensions for any period of time form one day to thirty days, forty, whatever if they felt it was warranted. As the boards attorney Ross would represent the board at a hearing, we would engage an independent attorney to represent the police department to present the case to the board. The licensee would has the right to be represented by attorney and to present his case. It is conducted like a civil case. The board acts in its quasi-judicial capacity, sitting at the dias as the judge and hears the evidence and makes its decision based upon the evidence provided. The applicant has the tight to appeal and has thirty days after the decision is made to appeal the decision under the liquor code. A lot of times these issues do not proceed to a hearing ifa stipulation can be entered into with the license holder as to the action to be taken by the board. In the state liquor enforcement actions probably 95-98 percent of all their liquor enforcement actions never go to hearing because they enter into a stipulation with the license holder, which would be anything from 14 days. They will suspend for three days and hold the remainder in abeyance provided there is no further violations within the next 12 months. If that condition is not met then the license holder would have to serve the 11 days that was held in abeyance. With suspect to suspensions, if you suspend for 14 days or under, a motion of the applicant can petition the board to pay a fine in lieu of suspension. The board could deny that request. There are quite a few different actions that the board can take.