City Council Minutes 1992 05 05 - Laserfiche WebLink

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the City by the applicant, Brass Monkey, Inc., a copy of which has been made available to each member of the Authority, be made a part of the record of this Hearing. Seconded by Mayer. All in favor. Susan Griffiths, City Attorney, commented that in considering the application filed by Brass Monkey, Inc., the City Council is acting in a quasi-judicial capacity, as the local Licensing Authority under State law. The Authority's decision to grant or deny the application must be based on the evidence presented to it at the Hearing tonight and under the legal requirements set forth under State laws and in the City Code. Griffiths read the requirements that must be met by the applicant and the items that the Louisville Liquor Licensing Authority (LLLA) needs to consider for a Retail Liquor Store License. The LLLA's final decision must be in writing stating the reasons for the decision and must be within 30 days after the date of this Hearing. The Public Hearing on this application was scheduled for tonight at the request of the applicant who was anxious to begin operation. It has been the past practice of the City to request from the Colorado Bureau of Investigation and the FBI criminal history information on all applicants to assist the Authority in making its decision regarding the good moral character and reputation of the applicants. Not all of the criminal history information has yet been received from the CBI and the FBI, although it has been requested. A name check has been made by the CBI. This name check would show criminal convictions and existing warrants in Colorado under certain given names and respective dates of birth. That information has come back from the CBI. Fingerprint results have not come back from the CBI or the FBI. These would show any alias or any match with fingerprints connected with an unsolved crime in other states and in Colorado. No name check information has been received from the FBI to show any criminal convictions or existing warrants outside Colorado. Griffiths was not suggesting that any do exist, just that the information has been requested from the CBI and the FBI and has not been received by the City of Louisville. Under past practices the City would not normally act on an application until that criminal history information had been received. In this case the applicant has requested action by the LLLA in order to be operating this business this month. State law does not require that criminal history information be considered a part of the licensing decision. That information is only a part of the Authority's decision as to the moral character and reputation of the applicant. Griffiths asked that three additional documents be made a part of the record. 1.) Three documents dated May 1, 1992 from the Colorado Dept. of Public Safety, CBI, Carl W. Whiteside, Director. Each document is identical in substance, but each refers to a different person (Robert McDonald Thacker, Jeffrey Nicholas Stiffler, C. Ronald Trujillo). She then read the document. (See attached documents.)