Local Licensing Authority Minutes 2001 07 30

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Louisville Local Licensing Authority Meeting Date: July 30, 2001 Member Sackett moved to order a Show Cause hearing on the renewal application for Holly & Mike's Ribs, Inc., d/b/a Hickory Sticks, 1000 South Boulder Road, finding probable cause to believe that the licensee has committed a violation of C.R.S. 212-47-307(1)(a)(Vl), 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. 218-5-205, 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 upon sales in accordance with C.R.S. 239-26-104, 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; C.R.S. [39-26-105, 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. 239~26-106, the vendor is in all instances liable and responsible for this payment; and 12- 47-301(3)(b), which states that at all times, a licensee shall possess and maintain possession of the premises or optional premises for which the license is issued by ownership, lease, rental, or other arrangement for possession of such premises. Sackett included in her motion that the heating be held September 17, 2001 and that the Authority Attorney appoint a Special Prosecutor. Vice Chairperson Koertje seconded the motion. Sergeant Riggins stated that the Police Department may request action by the City Prosecutor and that depending on the results of the investigation, it may be beneficial for the Authority to use the same individual as the Prosecuting Attorney. Roll Call Vote: Sackett - yes, Koertje - yes, Kimmett - yes. All members were in favor, motion carried. VII. POLICE DEPARTMENT'S REPORT A. Incident Report- Henry's Bar & Grill (tabled from 6/25/01) Sergeant Riggins stated that this report had been continued by the Authority at the last meeting. Riggins stated that the report involves an individual that was contacted by the police who stated he was drunk and had been drinking at Henry's Bar & Grill. His BAC was .264, two and one half times the legal limit. Member Sackett asked if the establishment contacted the Police Department. Sergeant Riggins stated he did not know. Vice Chairperson Koertje asked Sergeant Riggins if it seemed obvious to him that the individual had consumed more than the two drinks, as stated in the police report, in order to have a BAC of .264. Riggins stated that he felt it was obvious the person was intoxicated, but that whether it was clear that the person became intoxicated at Henry's, was not. Riggins stated that he would follow up with 5 ~ M q'd £D~ VARIU'~N ~LI Qu OR\200 l ~MIN UTES~MI N UTIZS073001.DOC