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Louisville Local Licensing Authority <br />Meeting Date: March 26, 2001 <br />5 <br /> <br />suspended or revoked for alleged violations of one or more provisions of the Colorado Liquor Code and Liquor <br />Code Regulations and the Louisville Municipal Code. <br /> <br />Myers stated that the purpose of this hearing is to receive evidence to enable the Authority to make findings and <br />reach a conclusion as to whether there is sufficient evidence proving the Licensee violated on or more of the <br />laws and regulations specified in the Show Cause Order, and if so, whether revocation or suspension of the <br />Licensee's license is appropriate. <br /> <br />Chairperson Myers stated that the order of the hearing will be: a) Opening Statements by the City and the <br />Licensee, b) Presentation of evidence by the City, followed by cross examination by the Licensee, c) Presentation <br />of evidence by the Licensee, followed by cross examination by the City, d) Rebuttal Evidence by the City and <br />Licensee, if any, and e) Closing statements by the City and the Licensee. <br /> <br />Myers stated that the hearing is being recorded. Anyone wishing to address the Authority must speak clearly into <br />the microphone and identify himself or herself by name and address. All testimony will be given under oath. <br />Exhibits will be first marked by the Secretary and then identified before offering them for admission. A record <br />will be kept of exhibits admitted and rejected. <br /> <br />Chairperson Myers asked the attorneys for the City and Licensee to identify themselves and state whether they <br />are ready to proceed. <br /> <br />Attorney for the City, Bruce Joss introduced himself and stated he was ready to proceed. <br /> <br />Mr. Jim Hayden introduced himself as the licensee and stated he did not have an attorney to represent him. <br /> <br />Chairperson Myers asked if either party had any preliminary matters to be taken care of at this time. None <br />heard. <br /> <br />Myers stated that the Show Cause Order and Notice of Hearing will be made a part of the record of the hearing. <br /> <br />Chairperson Myers asked if the City Attorney had an opening statement. Attorney Joss stated he did not. <br /> <br />Chairperson Myers asked if the Licensee had an opening statement. Mr. Hayden stated that he was not familiar <br />with the proper procedures but that he wished to have two letters, copies of which were given to the Authority <br />members by Deputy City Clerk Bolte, entered into evidence. He continued that Mr. Dan Gregory is currently in <br />Cozumel, but that he stated he would be available to testify at the next Authority meeting. <br /> <br />Chairperson Myers asked Attorney Joss if he had any objections to entering the two letters into evidence. Mr. <br />Joss stated he had no objections. Hearing no objections, Myers admitted the letter from Mr. Gregory as Exhibit <br />"A" and the letter from Mr. Pivarnik as Exhibit "B." <br /> <br />Chairperson Myers asked Attorney Joss to present his evidence. <br /> <br />Attorney Joss presented his first witness, Louisville Police Officer, Joseph Muldoon. Deputy City Clerk Bolte <br />asked Officer Muldoon to raise his right hand and proceeded with the oath, "do you solemnly swear or affirm <br />under penalty of perjury that the testimony you are about to give will be the truth, the whole truth, and nothing <br />but the truth?" <br /> <br />\\FRED\VARRAN\L1QUOR\2001 \MiNUTES\MINUTES032601.DOC <br /> <br />5 <br /> <br /> <br />