Local Licensing Authority Minutes 2001 02 26

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Louisville Local Licensing Authority Meeting Date: February 26, 2001 5 suspended or revoked for alleged violations of one or more provisions of the Colorado Liquor Code and Liquor Code Regulations and the Louisville Municipal Code. Myers stated that the purpose of this hearing is to receive evidence to enable the Authority to make findings and reach a conclusion as to whether there is sufficient evidence proving the Licensee violated on or more of the la~vs and regulations specified in the Show Cause Order, and if so, whether revocation or suspension of the Licensee's license is appropriate. Chairperson Myers stated that the order of the hearing will be as follows: a) Opening Statements by the City and the Licensee; b) Presentation of evidence by the City, followed by cross examination by the Licensee; c) Presentation of evidence by the Licensee, followed by cross examination by the City; d) Rebuttal Evidence by the City and Licensee, if any; and e) Closing Statements by the City and the Licensee. Myers stated that this hearing is being recorded and that anyone wishing to address the Authority must speak clearly into the microphone and identify himself or herself by name and address. He continued that all testimony will be given under oath and exhibits will be first marked by the Secretary and then identified before offering them for admission, with a record kept of exhibits admitted and rejected.' Chairperson Myers asked the attorneys for the City and Licensee to identify themselves and state whether they are ready to proceed. Special Prosecuting Attorney Mark Shapiro introduced himself as counsel for the City of Louisville and Local Licensing Authority. Attorney Michael Rennich introduced himself as counsel for the defendant, Bungalow Liquors, Inc., d/b/a Bungalow Wine & Spirits. Chairperson Myers asked if either party had preliminary matters tO be taken care of prior to opening statements. None heard. Myers stated that the Show Cause Order and Notice of Hearing will be made a part of the record of the hearing. Attorney Rennich stated that he had one matter concerning the acceptance of Mr. Minchul Shin acting as translator for his brother, Mr. Chan Soo Lee. Attorney Rennich stated that the Deputy City Clerk had offered to obtain a Korean translator for the hearing and that he had declined the offer based on Mr. Shin's proficiency in English and his ability to translate. Attorney Rennich asked the Authority and Prosecuting Attorney Shapiro if this arrangement would be acceptable. The Authority and Attorney Shapiro agreed. Chairperson Myers asked Attorney Shapiro to make his opening statement. Attorney Shapiro opened by summarizing the violations alleged against the licensee of selling to a visibly intoxicated person. Shapiro stated that the ability to sell alcohol is a privilege, not a right, and that it is the responsibility of the licensee to adhere to the laws and regulations that govern alcohol sales and service. Attorney Shapiro continued that it is his responsibility to prove that there was a sale of an alcoholic beverage, and that the sale of the alcoholic beverage was to a visibly intoxicated person. Attorney Shapiro stated that he would be calling three witnesses to testify. His first witness would be Officer Joshua Sundberg of the Louisville Police Department, who witnessed Mr. Meagher leaving Bungalow Wine & Spirits, and who will testify that Mr. Meagher was visibly intoxicated. The second witness would be Mr. Pearse Patrick Meagher and the third witness, Mr. Minchul Shin, employee of Bungalow Wine & Spirits, who sold Mr. 5 \\FRED\VARILaN \LIQUOR\2001 \MINUTES\M1NUTES022601.DOC