|
Louisville Local Licensing Authority
<br />Meeting Date: September 17, 2001
<br />
<br />than combining all the charges in one order. Member Jeffers concurred.
<br />
<br />Member Jeffers stated that he would like the same prosecuting attorney to handle both incidents.
<br />
<br />Member KAmmett questioned how the penalty phase of the hearings would work. Specifically, how
<br />days held in abeyance would be handled knowing that another violation is yet to be reviewed, which
<br />would clearly fall within the one year abeyance period. Attorney Harrington stated that the
<br />Authority does not have to hold any days in abeyance, that it is completely discretionary.
<br />
<br />Sergeant Riggins asked Attorney Harrington how the matter would be handled if the attorney for the
<br />licensee and the prosecuting attorney enter into a stipulated agreement. Harrington stated that a
<br />similar situation existed for Romero's Liquors, and that an agreement was reached on three separate
<br />violations. Attorney Harrington stated that an agreement could be presented for Pine Street
<br />Junction, but that it would be up to the Authority whether to accept or deny such agreement.
<br />
<br />Sergeant Riggins recalled another situation where the attorney for the licensee requested that the
<br />penalties sustained for a second violation not affect the penalties imposed on the first violation.
<br />
<br />Deputy City Clerk Bolte stated that the matter referred to was for Druids Arms, and that the term
<br />for the one year period was based on the date of the hearing not the date of the violation.
<br />
<br />Member Jeffers moved to order a Show Cause hearing finding probable cause to believe that the
<br />Licensee committed one or more violations of the following; C.R.S. ~ 12-47-901(1)(a), stating in
<br />pertinent part that it is unlawful for any person to sell, serve, give away, dispose of, exchange, or
<br />deliver or permit the sale, serving, giving, or procuring of any alcoholic beverage to a visibly
<br />intoxicated person or to a known habitual drunkard; C.R.S. ~ 12-47-901(5)(a)(I), stadng in pertinent
<br />part that it is unlawful for any person licensed to sell alcoholic beverages at retail to sell an alcoholic
<br />beverage to a habitual drunkard or to a visibly intoxicated person; Louisville Municipal Code ~
<br />9.22.060, stating in pertinent part that no person shall sell, serve, give away, dispose of, exchange or
<br />deliver, or permit the sale, serving, giving away or procuring of, any malt, vinous or spirituous liquor
<br />to a visibly intoxicated person, or a known habitual drunkard; Liquor Code Regulation 47-900(A),
<br />stadng that any licensee, and any employee or agent of a licensee, shall not permit the serving or
<br />loitering of an apparendy intoxicated person; and Louisville Municipal Code ~ 9.22.050, stating that
<br />any licensee shall immediately report to the City police department any unlawful or disorderly act,
<br />conduct, or disturbance committed on the premises. Member KJmmett seconded the motion. Roll
<br />Call Vote: Sackett - yes, Koertje - yes, Lipton - yes, Jeffers - yes, I4Ammett - yes. All members
<br />were in favor, motion carried.
<br />
<br />Member Jeffers also moved to order the Show Cause hearing be held at its regularly scheduled
<br />meeting October 29, 2001, at 7:00 p.m. in the 2'd floor Council Chamber of Louisville City Hall, 749
<br />Main Street, Louisville, Colorado, and that the Authority Attorney appoint a Special Prosecutor.
<br />Member Sackett seconded the motion. Roll Call Vote: Sackett - yes, Lipton - yes, Jeffers - yes
<br />KJmmett - yes, Koertje - yes. All members were in favor, motion carried.
<br />
<br />Member Jeffers asked Attorney Harrington if it was appropriate to request the special prosecutor to
<br />subpoena specific evidence. Jeffers stated that the police reports refer to some receipts, but that he
<br />would like to see all the register tapes from all the cash registers from 9:00 p.m. to closing.
<br />
<br /> 4
<br />\\FI~DNVARiU\N \LIQU ORX2001\MINUTES~MIN UTES091701.DOC
<br />
<br />
<br />
|