Local Licensing Authority Minutes 2000 06 26

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Louisville Local Licensing Authority Meeting Date: June 26, 2000 Deputy City Clerk Bolte responded that to her knowledge misdemeanor charges are not considered as relevant as felony charges in the license process, however, she would confer with the Authority Secretary, Nancy Varra to determine the proper course of action. Attorney Kelly agreed that a misdemeanor charge alone may not be relevant, however, if there were a finding of guilt or deferred sentence issued relative to the charge, the applicant' s response of "no" to question 4/22 on the individual history application would not be truthful and therefore subject to questioning by the Authority. The Authority requested the Deputy City Clerk and Authority Attorney to jointly research the current status of previous charges filed against both Michael G. Davis and Holly M. Ortiz prior to the public hearing scheduled for July 31, 2000. Member Kimmett requested Deputy City Clerk Bolte to advise the applicant that a revised lease agreement would be necessary prior to their scheduled public hearing. Kimmett noted that the lease is only valid through May 31, 2001 and needs to show possession through July of 2001 at a minimum. Member Turner asked if the applicants had requested a continuance based on unresolved sales tax issues. Authority Attorney Kelly stated it was her understanding that they were simply not ready to make their presentation. Deputy City Clerk Bolte stated that due to an administrative error the applicant was not notified until Friday, June 23rd of additional information provided to the Authority by Dianne Ray, Director of Finance. Attorney Kelly informed the Authority that results of an investigation must be provided to the applicant of a new or renewal liquor license application five (5) days prior to review. To accomplish this requirement, a letter was drafted by the Authority Attorney and forwarded to the Authority Secretary and Deputy City Clerk for implementation. Member Evans asked about terminology used in the letter submitted by Dianne Ray with respect to the "short check" notations. Attorney Kelly stated that she could not answer for the Director, but that Dianne Ray would be present at the July 31, 2000 public hearing to answer Authority questions. ge Renewal Application - Hei Han Enterprises, Inc., d/b/a Henry's Bar & Grill - Tavern Liquor License - 935 Pine Street. Chairperson Myers reminded the Authority that this item was removed from the consent agenda and placed under Authority Business earlier in the meeting. Members briefly discussed a DWA! conviction received by the current licensee within the last year. Authority Attorney Kelly advised the Authority that while a serious charge, based on her research of case law it is not sufficient grounds by itself, for denying the renewal. She read for members a court ruling Hartman v. Wadlow, 545 P.2d 735 (Colo. App. 1975), which states that