Local Licensing Authority Minutes 2000 11 27

Home Browse Search

Louisville Local Licensing Authority Meeting Date: November 27, 2000 Page 10 Member Jeffers moved that the Authority Attorney be directed to prepare a draft of final findings, conclusions and an order for consideration at the Authority's next meeting to be held on December 18, 2000. Kimmett seconded the motion. Roll Call Vote: Lipton - yes, Evans - yes, Jeffers, Kimmett - yes, Turner - yes. All members were in favor, the motion carried. Bo Public Hearing - New Application - Byung U. Min d/b/a Little Tokyo - Beer & Wine Liquor License - 332 McCaslin Blvd. Vice Chairperson Lipton opened the public hearing on the application for a Beer and Wine liquor license at 332 McCaslin Blvd., Louisville, Colorado, under the business name of Little Tokyo. Present at the hearing were the Attorney for the applicant, Gary Gottesfeld, and the applicant Byung U. Min. Deputy City Clerk Bolte stated that the application is for a Beer and Wine liquor license and that she has provided copies of the entire application to each Authority member but the application is incomplete. There has been no valid lease agreement submitted that would prove possession of the premises. Fingerprint reports are already on file with the state. Public notice of this hearing has been posted and published in accordance with state law. Authority Attorney Kelly stated that as a threshold matter, the Authority must consider whether or not the application submitted is complete and make a determination for the purposes of the heating. Attorney Kelly stated that the items missing are the lease agreement and the consent of the landlord to assignment of the lease as is required by the prime lease. Attorney Gottesfeld stated that Mr. Min has attempted to get a copy of the prime lease from one of the original sublessors, but was unable to do so in time for the hearing. Attorney Gottesfeld continued that the landlord, Columbine West LLC, is unwilling to sign an assent and have asked their attorneys to draft a new agreement which they indicated would take an additional ten days. Attorney Gottesfeld advised the Authority that Mr. Min would be able to get at copy of the prime lease tomorrow. Attorney Gottesfeld continued that the liquor license applied for is fairly benign, and that he would request the Authority proceed with the hearing and grant the application for a Beer and Wine license after receiving the testimony of witnesses. Granting of the license would be contingent upon the applicant providing the required lease agreement and landlord assent within a reasonable period of time. Member Jeffers asked Authority Attorney Kelly if it was within the guidelines of the Authority to permit the hearing to continue without the benefit of these documents. Attorney Kelly stated that in the past, the Authority has found that the lack of legal possession of the premises is cause for continuance of a hearing. She continued that the Authority Rules of Procedure require that a complete application be submitted before the Authority proceeds, but that in certain circumstances the Authority has determined applications to be complete pending favorable results of such items as background investigations. 10