Local Licensing Authority Minutes 2000 11 27

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Louisville Local Licensing Authority Meeting Date: November 27, 2000 Page 5 Vice Chairperson Marguerite Lipton then allowed the licensee's to cross-examine the City's evidence and make their presentation. Deputy City Clerk Bolte asked Mike Davis and Holly Ortiz to raise their right hands and proceeded with the oath. "Do you solemnly swear or affirm under penalty of perjury that the testimony you are about to give will be the truth, the whole truth and nothing but the truth?" Mr. Davis: Yes. Ms. Ortiz: Yes. Mr. Davis stated that he disagreed with item (6) contained in the affidavit of Douglas C. Kowalis, citing that he had a cancelled check, processed through his bank on September 14, 2000, for their June sales tax. Mr. Davis continued that shortly after receiving the Order to Show Cause, Agent Kowalis telephoned him and stated that the June payment was posted to Hickory Sticks' account in November. Mr. Davis stated that the posting of this payment was a full four months after remittance of the check and two months after the check cleared his bank. Mr. Davis stated that he did not deny making late sales tax payments. He said that the June payment was sent within a few days of the filing date, July and August payments were sent late, but were paid in October, which payments were posted by the Department of Revenue in November. Mr. Davis stated that he was in Agent Kowalis' office last Monday (November 20, 2000), that Agent Kowalis was not there, and that the agent filling in told him that the payment made in October had just been posted to their account. Mr. Davis stressed that the October payment of the July and August tax was posted to their account before the June payment, which was only a few days late. He continued that he had a copy of the cancelled check for his June payment indicating it cleared his bank on September 14, 2000. Mr. Davis stated that he would call into question the procedure used by the Colorado Department of Revenue for posting of payments. Mr. Davis stated that because the Authority denied their application for transfer May 15, 2000, they did not have a liquor license for two months. He stated that this fact caused them to lose customers and about 50% of their revenue. He continued that because of the Authority' s concern over "short checks" at their new license hearing, they wanted to make sure all the sales tax payments sent would clear the bank. Vice Chairperson Lipton asked Special Prosecutor Barnett if he wished to cross-examine the Licensee. Attorney Barnett stated that in light of the testimony given by Mr. Davis, he wished to call Finance Director Dianne Ray to testify to certain facts. Vice Chairperson Lipton stated that the testimony of Ms. Ray would be accepted as rebuttal evidence and called the Director to come forward and take the oath.