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Louisville Local Licensing Authority <br />Meeting Date: January 29, 2001 <br />Page 6 <br /> <br />Holly & Mike's Ribs, Inc., d/b/a Hickory Sticks - Boulder County Sheriff's Report and follow- <br />up <br /> <br />Sergeant Riggins reviewed with members the Boulder County Sheriff's report concerning check fraud charges <br />filed by Costco against Michael Davis and Holly Ortiz, owners of Hickory Sticks. Riggins stated that Officer Jay <br />Lanphere spoke with Detective Tony Mathews of the Boulder County Sheriff's office on January 18, 2001. <br />Detective Mathews stated that Hickory Sticks paid the bad debt on January 17, 2001 and that the charges had <br />been dropped by Costco due to this payment. Detective Mathews also stated to Officer Lanphere that he <br />believed Hickory Sticks to be in a financial bind due to his investigation of their bank records. <br /> <br />Member Jeffers asked Deputy City Clerk Bolte to review with the Authority item (E) of the Secretary's Report <br />concerning Holly & Mike's Ribs, d/b/a Hickory Sticks. <br /> <br />Deputy City Clerk Bolte stated that item (E) was withdrawn by Director of Finance, Dianne Ray, based on <br />ongoing conversations with the Colorado Department of Revenue. <br /> <br />Member Jeffers asked if the checks given to Department of Revenue Agent, Doug Kowalis had bounced. Bolte <br />stated that she was not aware of all the facts, but that she had been told that the two checks remitted to Agent <br />Kowalis had been reversed out on the latest sales tax report received by Dianne Ray. <br /> <br />Member Jeffers asked why the letter from Director Ray had been withdrawn. Bolte stated that it was her <br />understanding that Director Ray had spoke with Agent Kowalis' supervisor, and that he informed her of monies <br />remitted by Hickory Sticks in July that had not been applied to their account. Until resolved by the Department <br />of Revenue, Director Ray felt she would be unable to document for the Authority an accurate statement of their <br />sales tax status. <br /> <br />Member Jeffers asked what the original basis for the letter was. Bolte stated that she believed the original intent <br />of the letter from Director Ray was to advise the Authority that the checks remitted to Agent Kowalis had been <br />reversed out and to give an accurate month by month accounting of their liabilities and payments. <br /> <br />Sergeant Riggins asked if the Authority could subpoena documents, such as bank statements, copies of their <br />business books, aliases etc. for examination by the Authority. Attorney Kelly stated that the Authority's purpose <br />is to order hearings, examine testimony and evidence, and make determinations based on those findings. The <br />gathering of evidence for hearing purposes, Kelly continued, is the responsibility of a Prosecuting Attorney. <br />Sergeant Riggins stated that, on behalf of the Police Department, he would be very interested in obtaining copies <br />of the aforementioned documents. Riggins stated he believed this matter to be an ongoing, unresolved problem. <br /> <br />Members discussed whether there was sufficient evidence to order a Show Cause hearing. Member Jeffers stated <br />he was concerned about ordering a hearing when there is money paid by the licensee still outstanding with the <br />Department of Revenue. <br /> <br />Attorney Kelly asked Deputy City Clerk Bolte if, without stating amounts, she could inform the Authority if, <br />once the outstanding money was applied to the licensee's account, they would be current on their sales tax <br />liabilities. Bolte stated that based on her conversations with Director Ray, the amount outstanding would not <br />bring their sales tax account current. <br /> <br />\\FRED\VARRAN\LIQUOR\2001 \MINUTES\MINUTES012901.DOC <br /> <br /> <br />