Local Licensing Authority Minutes 2001 07 30

Home Browse Search

Louisville Local Licensing Authority Meeting Date: July 30, 2001 12-47-901 (5)(a)(i), which provides that it is unlawful for any person licensed to sell alcoholic beverages at retail to sell an alcoholic beverage to any person under the age of twenty-one years; and Louisville Municipal Code [ 9.22.060, which provides that it is unlawful for any person to sell, serve, give away, dispose of, exchange or deliver, or permit the sale, serving, giving away or procuring of, any malt, vinous or spirituous liquor to or for any person under the age of twenty-one years, and that the Show Cause hearing be held at its regularly scheduled meeting August 27, 2001, at 7:00 p.m. in the 2''d floor Council Chamber of Louisville City Hall, 749 Main Street, Louisville, Colorado. Member Kimmett seconded the motion. Roll Call Vote: Sackett - yes, Koertje - yes, Kimmett - yes. All members were in favor, motion carried. VIII. SECRETARY'S REPORT Show Cause Hearing (scheduled for 9/17/01)- Pine Street Junction - Hotel & Restaurant Liquor License - 1006 Pine Street. Deputy City Clerk Bolte stated that the Authority ordered a Show Cause hearing for this licensee, which is to be heard at its regularly scheduled meeting September 17, 2001. Bolte stated she was contacted by an individual who indicated he would be purchasing the establishment. The anticipated closing date was July 31, 2001 but as of this date, no transfer application has been received for the liquor license. Attorney Harrington summarized that the incident for which the Authority ordered a Show Cause hearing occurred under the current ownership. The question raised, and the reason the order has not been served, is that the current owners may have no interest in defending the charges, causing the new owners to possibly serve a penalty for an incident that occurred prior to their ownership. Harrington stated that previously, however, the Authority has taken the position that when a license is transferred, the new owner of the license accepts all the good and bad that may come with a previously held liquor license. Vice Chairperson Koertje stated his opinion that the hearing should still be held and that the current licensee should not be able to avoid possible penalties, by changing ownership. Member Kimmett concurred. Sergeant Riggins stated his opinion that historically liquor licensees transferred ownership of an establishment to avoid losing a liquor license, and that sometimes there was a hidden ownership. Attorney Harrington stated that the licensee has not been served with the notice of the Show Cause hearing, and are unaware of the pending hearing. Members voiced unanimous consent to have the Order to Show Cause served on the current licensees of Pine Street Junction. Vice Chairperson Koertje asked when the new owner is required to file for a transfer of ownership of the liquor license. Attorney Harrington stated that generally they file immediately, however, there may be language incorporated into the closing documents that states a specific possession date some time in the future. Deputy City Clerk Bolte stated that she has received no further information to confirm that the 7 \\IqU£D\VARRAN \LIQU OR~2001 ~MIN UTES~MIN UTES073001.DOC