Louisville Local Licensing Authority
<br />Meeting Date: May 14, 2001
<br />12
<br />Myers stated to Attorney Moore that July 2"d is a Monday and can not be used as one of the four days to be
<br />served. Attorney Moore stated his clients would serve the suspension July 3rd through July 6th.
<br />
<br />Member Koertje moved that the Licensee's hotel and restaurant liquor license be suspended for a fifteen
<br />day period for this violation, with one day to be served and fourteen days held in abeyance for a period of
<br />twelve months from the date this Order is signed, pending no further violations during such period of the
<br />Colorado Liquor Code or Regulations, municipal liquor ordinance of the City of Louisville, and/or state and
<br />local laws relating to sales tax collection and remittance; that the Licensee shall serve the three days
<br />suspension held in abeyance under the December 18, 2000, Order of the Authority; and that the total four
<br />days of suspension shall be served on consecutive days, beginning at 12:01 a.m. on Tuesday, July 3, 2001,
<br />and running through midnight on Friday, July 6, 2001. Member Kimmett seconded the motion. Roll Call
<br />Vote: Sackett - yes, Myers - yes, Lipton - yes, Koertje - yes, Kimmett - yes. All members were in favor,
<br />motion carried.
<br />
<br />VII. POLICE DEPARTMENT'S REPORT
<br />
<br />A. Incident Report - Romero's Liquors
<br />
<br />Chairperson Myers stated that Sergeant Riggins was not present at the meeting and suggested continuing the
<br />incident report to the next regularly scheduled meeting. Several members stated that agenda for June was rather
<br />large and suggested reviewing the report this evening.
<br />
<br />Members asked if this incident was at the same establishment as discussed at the June meeting. Deputy City
<br />Clerk Bolte stated that the incident reviewed at the June meeting was for Druids Arms although the same person
<br />is involved in this incident at Romero's Liquors.
<br />
<br />Member Koertje stated some concern with the timing stated in the report. Member Kimmett stated that he
<br />surmised from the report that the person was at the American Legion before making her purchase at Romero's
<br />Liquors.
<br />
<br />Members also discussed whether it was legal to give a visibly intoxicated person alcohol that they had previously
<br />purchased while not intoxicated. Attorney Harrington stated that the statutes state it is unlawful to sell, serve, or
<br />give away liquor to a visibly intoxicated person as well as allow an intoxicated person to consume alcohol.
<br />
<br />Member Koertje moved to amend the order for a Show Cause hearing drafted for the March 24, 2001 incident
<br />and ordered April 30, 2001 to include the April 27, 2001 incident ordered at this meeting, finding probable cause
<br />to believe that the Licensee committed one or more violations of the following; C.R.S. [ 12-47-901 (1)(a), stating
<br />in pertinent part that it is unlawful for any person to sell, serve, give away, dispose of, exchange, or deliver or
<br />permit the sale, serving, giving, or procuring of any alcoholic beverage to a visibly intoxicated person; C.R.S. [
<br />12-47-901 (5)(a)(I), stating in pertinent part that it is unlawful for any person licensed to sell alcoholic beverages
<br />at retail to sell an alcoholic beverage to a visibly intoxicated person; Louisville Municipal Code [ 9.22.060, stating
<br />in pertinent part that no person shall sell, serve, give away, dispose of, exchange or deliver, or permit the sale,
<br />serving, giving away or procuring of, any malt, vinous or spirituous liquor to a visible intoxicated person; Liquor
<br />Code Regulation 47-900(A), stating that any licensee, and any employee or agent of a licensee, shall not permit
<br />the serving of an apparently intoxicated person, and that the Show Cause hearing be held at its regularly
<br />scheduled meeting July 30, 2001, at 7:00 p.m. in the 2"d floor Council Chamber of Louisville City Hall, 749 Main
<br />Street, Louisville, Colorado. Vice Chairperson Lipton seconded the motion. Roll Call Vote: Kimmett - yes,
<br />Koertje - yes, Lipton - yes, Myers - yes, Sackett. All members were in favor, motion carried.
<br />
<br />\\FRED\VARRAN\LiQUOR\2001 \M1NUTES\MIN UTES051401.DOC
<br />
<br />12
<br />
<br />
<br />
|