Local Licensing Authority Minutes 1998 11 30

Home Browse Search

Bo Renewal Application - RCI Denver Inc., d/b/a Applebee's Neighborhood Grill & Bar - Hotel & Restaurant License - 594 S. McCaslin Blvd. Co Renewal Application - L & G Liquors, Inc., d/b/a L & G Liquors - Retail Liquor Store License - 1140 Pine Street. Kimmett noted that on the L & G Liquors renewal application the expiration date of the lease was omitted. The Secretary noted that the applicant submitted a copy of his lease, showing a 10/31/02 expiration date. Attorney Sam Light noted that on the renewal application of Safeway Store Forty Five, Inc., d/b/a Safeway Store No. 909, did not have a Certificate of Good Standing for Safeway Store Forty Five, Inc. He asked that this be a condition of approval of the renewal application. VI. AUTHORITY BUSINESS Show Cause Hearing - American Legion Walter Rhodes Post 111 - Club License - 1130 Pine Street - Proposed Stipulation and Agreement. Kimmett recused himself from the proceedings of the Show Cause Hearing. City Attorney Light stated that the enclosures in the Authority packet include a Stipulation and Agreement, offered for purposes of settlement of the previously issued Order to Show Cause. The Order for Show Cause found that there was probable cause for violations involving two different individuals, John Martin and John Kane. Under the proposed Stipulation and Agreement, the charges, respecting Mr. Kane, would be dismissed. Also proposed is a suspension for three days with one served and two days held in abeyance. The suspension is proposed to be served for Thursday, January 7, 1999. In addition to a one day suspension, all new employees would attend a training class within thirty days from the day that they begin serving alcohol. Existing employees who have not received training in the twelve proceeding months, will attend one class with thirty days of approval of the Stipulation, if approved. Additionally, all Executive Board Members for the American Legion, would also attend a alcohol training class. That would done within ninety days of the time that they become a member of the Executive Board. Current members of the Executive Board who have not attended a alcohol training class within the last year, would do so within ninety days of the agreement. City Attorney Light noted that City Prosecuting Attorney, Mr. Bruce Joss was in attendance, as were representatives for the American Legion. City Prosecutor Bruce Joss presented a review of the investigation he conducted on the incident in question. Joss stated that he had interviewed the officers involved in the police investigation and citizen witness. Based upon the information Joss did not feel that there was sufficient grounds to prosecute concerning any violations that might involve Mr. Kane, as indicated in the Stipulation. The main reason was there was a gap of time of Mr. Kane was present at the American Legion Club, there was also a variance of facts, about how much he was drinking at the establishment while he was there. Based on the gap of time from when he left the American Legion, until the time he was seen by the officers around the 2