Agenda Date: 01/10/2018
Subject:
Title
Motion to vacate finding of Probable Cause for T & K Smith Enterprises, Inc., d/b/a The Castle Bar & Grill, 6657 S. Broadway, Littleton, Colorado
Body
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Presented By: |
Lena McClelland, Assistant City Attorney |
ISSUE:
Whether to vacate the Authority’s previous finding of Probable Cause.
INTRODUCTION/HISTORY AND FACTS:
On November 8, 2017, this matter was presented to the Authority as a possible violation of the Colorado liquor code and the Littleton City Code by the licensee based on the following incidents:
1) October 7, 2016 at approximately 11:43 p.m.
2) September 4, 2017 at approximately 9:18 p.m.
The possible violations of the Littleton City Code and Colorado liquor code include:
Littleton City Code § 3-2-11(A) - Conduct in Establishments
(2) Each licensee and employee shall conduct his establishment in a decent, orderly and respectable manner and shall not permit within or upon the licensed premises the loitering of habitual drunkards or intoxicated persons, lewd or indecent displays, profanity, rowdiness, undue noise or other disturbance or activity offensive to the senses of the average citizen or the residents of the neighborhood in which the establishment is located. Any licensee hereunder, and any manager or agent or employee of a licensee hereunder, shall immediately report to the city's police department any unlawful or disorderly act or conduct committed on the licensed premises.
Littleton City Code § 3-2-10(F) - Prohibited Acts
F. Sale To Intoxicated Persons: It shall be unlawful for any person to sell, serve, give away, dispose of, exchange, or deliver or permit the sale, serving, giving, or procuring of any fermented malt beverages, malt, vinous, or spirituous liquors to or for any person visibly intoxicated or known to be a habitual drunkard.
C.R.S. § 12-47-901(1)(a) - Unlawful Acts - Exceptions
(1) Except as provided in section 18-13-122, C.R.S., it is unlawful for any person: (a) To sell, serve, give away, dispose of, exchange, or deliver, or permit the sale, serving, giving, or procuring of, any alcohol beverage to a visibly intoxicated person or to a known habitual drunkard.
LEGAL OPINION:
The City Prosecutor has determined that there is not sufficient evidence to prove that a violation of the Littleton City Code § 3-2-11(A) and § C.R.S. § 12-47-901(1)(a) occurred and is requesting that the finding of Probable Cause be vacated.
SUGGESTED MOTION:
Proposed Motion
I move to vacate the finding of Probable Cause against T & K Smith Enterprises, Inc., d/b/a The Castle Bar & Grill, 6657 S. Broadway.
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