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6 <br /> <br />Local Licensing Authority <br />Meeting Date: May 15, 2000 <br /> <br />good rule with specific purposes. <br /> <br />Attorney Moore stated for the record that Mr. Michael G. Davis had returned to the meeting with a <br />copy of the equipment and inventory lists requested by the Authority. <br /> <br />Mr. Moore directed the Authority's attention to section 8.13 attached to the equipment and inventory <br />lists which states that the Seller shall "execute and deliver to Buyer such additional assignments, bills <br />of sale, or other instruments of transfer as may be necessary or proper to transfer to Buyer all of <br />Seller's right, title and interest in and to any of the Purchased Assets." <br /> <br />Member Kimmett asked what document section 8.13 was from. Attorney Moore stated it is the last <br />page of the Asset Purchase Agreement. Authority Attorney Kathleen Kelly asked Mr. Moore if he <br />knew what happened to sections 8.11 and 8.12 of the Asset Purchase Agreement. Attorney Moore <br />responded that he provided the Authority with the only copy of the Agreement available. Attorney <br />Kelly stated that the Asset Purchase Agreement provided ends with section 8.10 and then skips to the <br />last page of the Agreement beginning with section 8.13. <br /> <br />Chairperson Myers asked Mr. Moore if his clients had considered applying for a new liquor license. <br />Attorney Moore stated that it was an option and that if they were unable to convince the Authority <br />they would start the new license process tomorrow. <br /> <br />Member Lipton asked if the Woodards could have prevented the first temporary permit by contacting <br />the Authority Secretary. Attorney Kelly stated that, as the current license holder, the Woodards were <br />not required to contact, or not contact, the Authority Secretary as condition of the transfer. She <br />continued that the burden of providing proof of consent is on the applicant, Holly & Mike's Ribs, <br />Inc. <br /> <br />Attorney Moore stated that the definition of the "current license holder" is not defined in the Rules of <br />Procedure and would offer further argument that the Woodards license expired in February 2000 and <br />that the license has been "held" by Holly & Mike's Ribs, Inc. Chairperson Myers stated it would not <br />be a good argument. <br /> <br />Member Kimmett asked Mr. Moore and his clients to respond to a letter from the City of Louisville <br />Director of Finance Dianne Ray stating that the Colorado Department of Revenue reports the account <br />of Holly & Mike' s Ribs Inc. to be delinquent. Specifically, a cashier' s check in the amount of <br />$2,766.00 for which the Department of Revenue can find no receipt. <br /> <br />Ms. Ortiz stated that all their sales tax has been paid and is current. There was brief discussion <br />concerning the process for tracing of a cashier' s check. Mr. Michael G. Davis stated that he hand <br />delivered the cashier's check to the Colorado Department of Revenue but that his account <br />representative was not available and therefore he left the check with the receptionist. He stated that <br />when he asked for a receipt, the receptionist stated that the cancelled check would be his receipt. The <br />applicants, Holly & Mike' s Ribs, Inc. stated they would provide proof of payment of their sales tax in <br />the form of a letter from their representative at the Department of Revenue. <br /> <br />Attorney Moore stated that after reviewing all the documents in his possession, he could not locate <br /> <br />\WRED\VARRAN~LIQUOR~2000~VlINUTESWIINUTES051500S PECIAL.DOC <br /> <br /> <br />