Local Licensing Authority Minutes 2008 03 24

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Local Licensing Authority Minutes March 24, 2008 Page 4 of 8 she saw the bartender move around the bar with the phone in her hand. She saw the two men discussing pool and one wanting an apology from the other. Ms. Newman saw the parties separate after Ms. Zane intervened and followed one back to his seat, thought the situation was under control and went back to what she was doing. She did not hear any other comments or see any gestures from either party. She did not see any of the physical contact. Secretary Hanson gave the oath to Thomas Newman, owner of the Back Room. He asked the Authority to again view a video and note the bartender was not looking in the direction of the shoving incident when it occurred. He also wanted to note it didn't appear to him Pablo Lujan was doing any shouting across the bar. Attorney Fredricksmeyer felt no such conclusion could be drawn since the video had no sound. Closing Remarks: Attorney Fredricksmeyer stated he did not feel there was enough evidence to charge the licensee with serving a visibly intoxicated person. He did feel there was evidence to support the charge concerning conduct of the establishment and failure to report a disturbance. Mr. Newman concluded his bartenders could only respond to what they observe; no one saw the initial shove and things were calm from there. Discussion by the Authority centered on the concept twenty minutes passed after the initial incident and the fight in the parking lot. The police report reflects there were taunts going on during the time and the members felt it defied common sense to think the fight in the parking lot occurred without such escalation. Mulvahill moved sufficient evidence had been presented to support the following charges in the Show Cause Order: 1. Colorado Code of Regulations, Regulations Relating to Alcohol Beverages § 47-900, Part A, stating that the licensee as well as any employee or agent of licensee shall conduct the licensed premises in a decent, orderly and respectable manner, and shall not permit on the licensed premises the serving or loitering of a visibly intoxicated person or habitual drunkard, nor shall the licensee, his employee or agent knowingly permit any activity or acts of disorderly conduct as defined by and provided for in Section 18-9-106, C.R.S. nor shall a licensee permit rowdiness, undue noise, or other disturbances or activity offensive to the senses of the average citizen, or to the residents of the neighborhood in which the licensed establishment is located. 2 Louisville Municipal Code § 9.22.050, stating that any licensee shall immediately report to the City police department any unlawful or disorderly act, conduct, or disturbance committed on the premises. He further moved the Authority Attorney be directed to prepare a draft of final findings, conclusions and an order for consideration at the Authority's next meeting to be held on April 28, 2008, and the matter be continued until that time.