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the Licensee's license is appropriate." Chairman Jeffers then outlined the order of the hearing.
<br />Jeffers asked that the attorney for the City and Licensee please identify themselves and state whether they
<br />were ready to proceed.
<br />
<br />Steve Barnett, attorney representing the City of Louisville, stated that he is ready to proceed and that he
<br />was not aware of any preliminary matters that the City will present to the Authority.
<br />
<br />Michael Rennich, attorney representing L&G Liquors, the licensee, stated that he was prepared to go
<br />forward. He stated that he does not have any preliminary matter to present to the Authority.
<br />
<br />Chairperson Jefferson made a part of the record of the hearing the Show Cause Order, including exhibits,
<br />and the other materials contained in the Authority packets, and asked if the attorneys whether they had
<br />opening statements to make.
<br />
<br />Attorney Barnett read the provisions of the Statutes, which the licensee was alleged to have violated. He
<br />cited C.R.S., Section 12-47-901 (1) (a), which provides that it is unlawful for any person to sell, serve,
<br />give away, dispose of, exchange, or deliver or permit the sale, serving, giving, or procuring of alcoholic
<br />beverages to or for any person under the age of twenty-one years. The second section which is alleged to
<br />have been violated is C.R.S., Section 12-47-901 (5) (a) (1), which provides that it is unlawful for any
<br />person licensed to sell alcoholic beverages at retail to sell an alcoholic beverage to any person under the
<br />age of twenty-one years. The last provision that the licensee has alleged to have violated is Louisville
<br />Municipal Code Section 9.22.060, which provides that it is unlawful for any person to sell, serve, give
<br />away, dispose of, exchange or deliver, or permit the sale, serving, giving away or procuring of, any malt,
<br />vinous or spirituous liquor to or for any person under the age of twenty-one years. He stated that section
<br />was essentially a repeat of the first Statute that has allegedly been violated.
<br />
<br />Attorney Barnett stated that the City would call one witness, Officer Bruce Moua, former police officer
<br />for the City of Louisville. Officer Moua's police report was part of the record, and was contained in the
<br />Show Cause Order.
<br />
<br />Attorney Rennich: "The evidence will show that if there was a sale to someone, who was not yet twenty-
<br />one, that it was a result of a fraudulent I.D. He noted that Mr. Galvin makes photocopies of drivers'
<br />lilcenses of those individuals, who are indeed twenty-one, but maybe twenty-one and six months. Anyone
<br />that is barely twenty-one, Mr. Galvin copies their driver's license. The evidence will also show that the
<br />individual, who is alleged to have purchased the alcoholic beverages from Mr. Galvin's liquor store,
<br />produced, following his stop and arrest, a Utah driver's license. On that driver's license the birth date is
<br />September 17, 1978, 9/17/78. This guy came in that night and the evidence will show Mr. Galvin
<br />remembers it in detail. The copy of the driver's license that he has, and has given me, and I will use as an
<br />exhibit, is also a Utah driver's license. It has a picture of the individual, and it is too bad he ignored his
<br />subpoena tonight. You would have seen it's the same guy, or closely resembles that guy. But not only
<br />the physical appearance the same, the Utah driver's license is the same, but the birthday on the driver's
<br />license copied, is exactly one month difference than what was produced to the officer who made the
<br />arrest. Section 12-47-901 (5) (a) (I) says in pertinent part, that a person who in fact is not twenty-one
<br />years of age, exhibits a fraudulent proof of age, and actually lying on such fraudulent proof of age, shall
<br />not constitute grounds for the revocation or the suspension of any license issued under Article 46, for
<br />Title 12. As far as the I.D., it is a complete defense, and we will show the Authority that is what
<br />happened."
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