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Local Licensing Authority <br />Minutes <br />April 28, 2008 <br />Page 6 of 8 <br />to recognize intoxication at the level Mr. Watson was reported to be. She <br />remembered Mr. Watson being in the bar that evening and heard him conversing <br />with another patron without any slurring or signs of intoxication. She did not see <br />the video nor did she tell the officer that she had. <br />Ms. Jacobs reported serving Scott Watson four beers and the other three items <br />on the tab were purchased for friends. <br />Sergeant Jay Lanphere was sworn in and testified. He was asked if he had <br />known the Back Room to refuse to provide bar tabs or video to the police in the <br />past. He responded not that he was aware of. He reported knowing Scott <br />Watson and on the night in question observed him to be intoxicated. Watson <br />was being uncooperative with the other officers but changed his demeanor when <br />Sergeant Lanphere arrived. <br />Thomas Newman was sworn in and testified he reviewed the video and it was <br />unfortunate he had not saved the video of the night in question. He did not feel <br />Mr. Watson looked intoxicated and did not see him use the phone at any time on <br />the video. <br />f <br />Closing Remarks: <br />Mr. Fredericksmeyerstated he felt circumstantial evidence pointed to probable <br />cause for finding the bartender served to visibly intoxicated persons. <br />Mr. Newman concluded there was direct testimony from the bartender stating the <br />individual in question did not appear intoxicated at the time of last service and <br />there was no evidence otherwise. <br />Chairperson Rommelfanger closed the hearing. <br />Deliberation by the Authority centered on the timelines, the blood/alcohol content <br />and what they felt was overwhelming circumstantial evidence to support the <br />charges. <br />Mulvahill moved sufficient evidence had been presented to support the following <br />charges stated in the Show Cause Order: <br />A. C.R.S. § 12-47-901(1)(a), stating in pertinent part that it is unlawful <br />for any person to sell, serve, give away, dispose of, exchange, or deliver <br />or permit the sale, serving, giving, or procuring of any alcoholic beverage <br />to a visibly intoxicated person. <br />B. Colorado Code of Regulations, Regulations Relating to Alcohol <br />Beverages § 47-900, Part A, stating that the licensee as well as any <br />employee or agent of licensee shall conduct the licensed premises in a <br />decent, orderly and respectable manner, and shall not permit on the <br />licensed premises the serving or loitering of a visibly intoxicated person or <br />habitual drunkard, nor shall the licensee, his employee or agent knowingly <br />