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Louisville Local Licensing Authority <br />Meeting Date: November 19, 2001 <br /> <br />that the matter can be continued to the next regular meeting at which time the new licensee can <br />present evidence of possession of the premises. <br /> <br />Member Jeffers moved to continue the transfer application for Seo, Inc., d/b/a Bungalow Wine & <br />Spirits to the next regularly scheduled meeting December 17, 2001, Louisville City Hall, 749 Main <br />Street, at 7:00 p.m. Member Koertje seconded the motion. Roll Call Vote: IGmmett- yes, Koertje <br />- yes, Lipton - yes, Jeffers - yes. All members were in favor, moron carried. <br /> <br />Manager Registration - Restaurant Concepts II, LLC, d/b/a Applebee's <br />Neighborhood Grill & Bar - Hotel & Restaurant Liquor License - 594 S. McCaslin <br />Blvd. <br /> <br />Attorney Steve Lee of Dill, Dill, Cart, Stonebraker & Hutchings greeted the Authority and stated he <br />was representing Restaurant Concepts II, Inc., on behalf of Ms. Rosemary Langley, the proposed <br />new manager. Attorney Lee stated that the area manager for Applebee's and Ms. Langley were <br />present. <br /> <br />Deputy City Clerk Bolte stated that this item was continued from the October 29th meeting for <br />discussion concerning a conviction revealed on the background report received from the Colorado <br />Bureau of Investigation that was not disclosed by Ms. Langley on her individual history record. <br /> <br />Attorney Sam Light stated that this proceeding was not a formal hearing and that should the <br />Authority determine that action should be taken which would adversely affect the liquor license, the <br />matter would be scheduled for a public hearing and posted in accordance with state law. <br /> <br />Attorney Lee stated that he had a recent copy of Ms. Langley's driving record that indicates a <br />revocation of Ms. Langley's driver's license. Attorney Lee stated that, based on his experience in <br />litigating traffic offenses, the revocation indicated was not based on conviction of a crime, but rather <br />on Colorado's express consent law. This law, he continued, states that if you drive a vehicle on the <br />Colorado roadways, and are stopped with a BAC of .10 or higher, you are subject to suspension of <br />your driving privilege for a three-month period. <br /> <br />Attorney Lee stated that this particular revocation process is a separate administrative hearing, not a <br />hearing involving criminal allegations. Attorney Lee stated that the results of the administrative <br />hearing do not have any impact on the results of a hearing involving a criminal summons and visa <br />versa. Attorney Lee stated his belief that Ms. Langley answered question #22 on her individual <br />history record correctly. <br /> <br />Attorney Lee read question #22 to the Authority and stated that the first part of the question asks if <br />the person has ever been convicted of a crime, while the second part of the question states to not <br />include any traffic violations unless the person was convicted of driving under the influence of <br />alcohol or drugs. Attorney Lee contended that Ms. Langley was charged with a DWAI not a DUI <br />and the suspension that was placed on her license was not a result of the DWAI conviction, which is <br />considered an eight-point traffic violation. <br /> <br />Attorney Lee reiterated that he did not believe Ms. Langley answered the question incorrectly, nor <br />did he believe she was attempting to deceive the Authority. Lee stated that Ms. Langley has been <br />employed with Applebee's for seven years, four years as a Manager. Lee stated that none of the <br /> <br /> 4 <br />\\FRI,;D\VAR1LSN \LIQUOR\2001 \MIN UTES\MINUTESI 11901.DOC <br /> <br /> <br />