Local Licensing Authority Minutes 2000 05 08

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Louisville Local Licensing Authority Meeting Date: May 8, 2000 9 Chairperson Myers questioned whether the renewal application was late and whether a late application fee was appropriate. Authority Secretary Varra clarified that a late fee is only applicable for renewals received by the state thirty days after license expiration. POLICE DEPARTMENT'S REPORT A. Incident at Henry's Bar & Grill Sergeant Riggins reviewed the initial police report filed April 15, 2000 and subsequent follow-up reports dated April 17, 2000 and April 20, 2000. The alleged incident involved two persons contacted on a traffic stop after being observed travelling westbound in the eastbound lane of Lafayette Street approaching Via Appia. The driver had an alcohol level of .312 and was issued a DUI summons; the passenger did not consent to alcohol testing and was transported to ARC. The male occupant stated to Officer Lanphere that they had been drinking at Henry's Bar & Grill. Authority members reviewed the supplemental report and Sergeant Riggins highlighted portions of the interview conducted by Officer Lanphere with Henry Yen, owner, and Terd Moreland, bartender. Summons were issued to Henry Yen for "selling to persons prohibited" and to Terri Moreland on two counts of "selling to persons prohibited". There was brief discussion by Authority members concerning possible consumption of alcohol in the vehicle prior to the parties arriving at Henry's Bar & Grill and of the timeline of the incident. Member Lipton recused herself from the meeting at 9:05 p.m., stating an acquaintance with one of the parties concerned caused her to believe she had a conflict of interest. Member Kimmett also stated that he knew one of the parties personally and asked Attorney Kelly if he should also recuse himself from the meeting. Attorney Kelly responded that if the situation does not fall under the provisions of the City ordinance regarding conflicts, it is at the discretion of each member to determine if they can be fair and impartial in matters brought before the Authority. Member Kimmett stated he would remain for the proceedings. Member Jeffers motioned to order a Show Cause Heating for Hei Han Enterprises, Inc., d/b/a Henry's Bar & Grill at 935 Pine Street for violations of the State of Colorado Liquor Code, C.R.S. § 12-47-901 (1) (a), stating in pertinent pm that it is unlawful for any person to sell, serve, give away, dispose of, exchange, or deliver or permit the sale, serving, giving, or procuring of any alcoholic beverage to a visibly intoxicated person; C.R.S. § 12-47-901 (5) (a) (I), stating in pertinent part that it is unlawful for any person licensed to sell alcoholic beverages at retail to sell an alcoholic beverage to a visibly intoxicated person; and City of Louisville Municipal Code § 9.22.060; stating in pertinent part that no person shall sell, serve, give away, dispose of, exchange or deliver, or permit the sale, serving, giving away or procuring of, any malt, vinous or spirituous liquor to a visibly intoxicated person. Motion was seconded by Evans. Roll Call Vote: Turner- yes, Jeffers - yes, Kimmett ' yes, Evans - yes, Myers - yes. All members were in favor, motion carried. \~FRED\VARRAN~LIQUOR',2000WIINUTESWIINUTES050800.DOC