Local Licensing Authority Minutes 2001 01 29

Home Browse Search

Louisville Local Licensing Authority Meeting Date: January 29, 2001 Page 7 Member Jeffers stated that it was his experience with issues concerning penalties and interest that amounts owed are always changing when payments are overdue because penalties and interest continue to accrue until the account is brought current. Deputy City Clerk Bolte stated that, while she was willing to share her knowledge of the sales tax issues concerning Hickory Sticks, she wanted the Authority to feel comfortable with any decisions made without a letter or direct testimony from the Director of Finance. Member Jeffers stated his opinion that the Director of Finance and Department of Revenue were trying to establish an exact dollar amount owed by Hickory Sticks and that the process has become more complicated. He continued that the fact of the matter is, Hickory Sticks still owes money, we just don't know how much. Additionally, Jeffers stated that the testimony given by Hickory Sticks in November concerning their sales tax payments now seems questionable. Sergeant Riggins concurred. Sergeant Riggins stated his recollection concerning the November hearing that the licensee's stated all sales tax payments were current and that the affidavit of Agent Kowalis stated the same. He questioned whether or not that information was correct. Sergeant Riggins stated his opinion that there seemed to be a pattern of writing bad checks. Member Jeffers concurred. Member Jeffers asked Authority Attorney Kelly what violations were cited on the previous Final Decision and Order and if the same violations would apply for this proposed Order. Attorney Kelly stated that based on member discussion, the same violations would apply. Attorney Kelly continued that the previous violations included the obligation to collect sales tax, the obligation to remit sales tax monthly, the Municipal Code equivalent for the same obligations, and the state statute providing that no liquor license will be held by a person or persons of unsatisfactory character, record or reputation. Attorney Kelly stated to the Authority that she had discussed the November hearing decision of the Authority with Matt Cook, Director of the Liquor Enforcement Division. She stated that Mr. Cook was very concerned about Hickory Sticks still holding a liquor license after the Authority found them in violation of the "good moral character" statute. Attorney Kelly advised members that Mr. Cook interpreted the Mr. Lucky's case as a reason for license revocation and not suspension. Kelly noted however, that in the Mr. Lucky's case, the Supreme Court did uphold a ten-day suspension of that particular license and that there was no indication that revocation was required. Sergeant Riggins stated that he still felt a financial investigation into the operation of Hickory Sticks would be desirable. Member Jeffers stated that any such investigation would be at the discretion of the Prosecuting Attorney. Member Kimmett concurred. Member Jeffers moved to order a Show Cause hearing March 26, 2001 at 7:00 p.m. finding probable cause to believe that Holly & Mike's Ribs, Inc., d/b/a Hickory Sticks, 1000 South Boulder Road, Louisville has committed a violation of C.R.S. [12-47-307(1)(a)(VI), stating in pertinent part that no liquor license shall be issued to or held by any person unless such person's character, record, and reputation are satisfactory to the Authority, based on one or more violations of the following State of Colorado statutes, Liquor Code regulations and/or City of Louisville ordinances; C.R.S. [18-5-205, which states in pertinent part that it is unlawful for any person to knowingly issue a check for payment of anything of value when such person has insufficient funds on deposit with the bank upon which the check is drawn to pay the check; C.R.S. [39-26-104(1)(e), which states in pertinent part that there is levied, and there shall be collected and paid, a sales tax upon the amount paid for food or drink served or furnished in or by restaurants; Louisville Municipal Code [3.20.020, which imposes a tax \\FRED\VARRAN\LIQUOR\2001 \MINUTES\MINUTES012901.DOC