Local Licensing Authority Agenda and Packet 2015 01 26

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Local Licensing Authority Minutes December 8, 2014 Page 5 of 7 she was willing to call the police later when she determined he likely was intoxicated and had passed out. He stated the speculation on how Mr. Sanders appeared before he passed out was just that, speculation. In his opinion, he did not feel there was enough evidence to find for the City. He thought not pulling the drink caused problems, however, he did not find that a violation. Lipton agreed leaving the drink was likely a mistake and felt the bartender was seeking assistance when she called the police. She was concerned with the statement by the bartender saying Mr. Sanders was repeating himself and the possibility of that being a sign of intoxication. Tennessen stated it did not add up to him that there were no signs of intoxication and 10 to 15 minutes later, the patron passed out. Machado thought it was possible to show no physical signs of intoxication and then pass out quickly. He noted the bartender called as soon as the patron became confrontational. He agreed with Hughes’ comments. Hughes moved the Authority find that insufficient evidence had been presented to support the charges stated in the Show Cause Order and that the charges be dismissed. Machado seconded. Attorney Culley offered a friendly amendment to order the Secretary to prepare a motion to dismiss. Motioner and Seconder accepted the amendment. Roll Call Vote: Machado – yes, Hughes – yes, Lipton – no, Tennessen – no. Carlson absent. Tie vote. Authority members discussed the evidence presented and visible signs of intoxication. Tennessen moved sufficient evidence has been presented to support the following charges stated in the Show Cause Order: A. C.R.S. § 12-47-901(1)(a), stating in pertinent part that it is unlawful for any person to “sell, serve, give away, dispose of, exchange, or deliver or permit the sale, serving, giving, or procuring of any alcoholic beverage to a visibly intoxicated person or to a known habitual drunkard.” B. Colorado Code of Regulations, Regulations Relating to Alcohol Beverages § 47-900.A, stating in pertinent part that the licensee as well as any employee or agent of licensee “shall conduct the licensed premises in a decent, orderly and respectable manner, and shall not serve a known habitual drunkard or any person who displays any visible signs of intoxication, nor shall they permit a known habitual drunkard or any person who displays any visible signs of intoxication to remain on the premises without an acceptable purpose . . . .”