Local Licensing Authority Minutes 2001 01 29

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Louisville Local Licensing Authority Meeting Date: January 29, 2001 Page 8 upon sales in accordance with C.R.S. [39-26-104, the schedules set forth in the rules and regulations promulgated by the department of revenue, or by separate ordinance of the City, and requires vendors to remit to the executive director of the department of revenue the full amount of the sales tax so collected; and C.R.S. [3%26-105, which requires vendors to make a return to the executive director of the department of revenue each month, and to remit an amount equivalent to the sales tax that was required to be collected pursuant to state and local sales tax laws. Irrespective of C.R.S. [39-26-106, the vendor is in all instances liable and responsible for this payment. Vice Chairperson Lipton seconded the motion. Roll Call Vote: Kimmett - yes, Jeffers - yes, Lipton - yes. Member Jeffers moved to direct Authority Attorney Kelly to appoint Special Prosecutor Steve Barnett for the purpose of presenting evidence to the Authority at the March 26, 2001 Show Cause hearing. Member Jeffers asked if the three days held in abeyance from the previous violation could be imposed prior to the March 26, 2001 hearing based on the "short check" status of the two checks given to Agent Kowalis in November. Attorney Kelly stated that she did not believe the penalty could be imposed prior to the ordered hearing and written findings of the Authority, however she would check on the matter. Attorney Kelly stated that she would also research the state statute prohibiting the writing of a check when there is insufficient funds for inclusion in the Order. This, Kelly stated, would cover the Costco incident and "bad check" pattern displayed by the licensee. Member Jeffers stated he felt that the Costco incident should be included, along with the history of delinquent sales tax payments to the Department of Revenue, because he is very concerned with the pattern of disregard for the law that relates directly to the character of the licensee. Member Jeffers moved to include the state statute prohibiting writing a check without sufficient funds in the Order to Show Cause. Vice Chairperson Lipton seconded the motion. Roll Call Vote: I~mmett - yes, Lipton - yes, Jeffers - yes. All members were in favor, motion carried. Sergeant Riggins stated that he was going to follow up on the investigatory responsibility of the Police Department. VIII. SECRETARY'S REPORT A. Bungalow Wine & Spirits - Entry of Appearance & Order for Continuance Deputy City Clerk Bolte briefly reviewed that an entry of appearance was received from Michael Rennich, attorney for the licensee, and from Mark Shapiro, Special Prosecutor for the Authority. She noted that Attorney Shapiro requested a continuance of the Show Cause hearing, now scheduled for February 26, 2001. B. Louisville/Lafayette Joint Liquor Training for January 2001 Bolte noted that copies of the 2001 Joint Liquor Training Session schedules were included in the Authority packets. C. Local Licensing Authority and/Louisville City Council Work Session - February 13, 2001 Bolte also reminded Authority members of the scheduled work session with City Council scheduled for February 13, 2001 at 8:00 p.m. in the Library conference room. \\FRED\VARRAN\LIQUOR\200I \MINUTES\MINUTES012901 .DOC