Agenda Date: 11/14/2018
Subject:
Title
Determine if probable cause exists to set show cause hearing for Far East Venture Inc., d/b/a The Toad Tavern, 5302 S. Federal Circle #A, Littleton, Colorado
Body
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Presented By: |
Colleen L. Norton, Deputy City Clerk |
ISSUE
Whether there is probable cause to believe that Far East Venture Inc., d/b/a The Toad Tavern, 5302 S. Federal Circle #A, Littleton, Colorado, violated the Colorado liquor code and Littleton City Code and should be scheduled for a public hearing to show cause, if any, why its license should not be suspended or revoked.
INTRODUCTION/HISTORY AND FACTS
This matter comes to the Authority as a possible violation of the Colorado liquor code and the Littleton City Code by the licensee based on the following incident(s):
1) November 3, 2018, at approximately 10:35 p.m. Littleton PD report 2018005559 is attached.
The possible violations of the Littleton City Code and Colorado liquor code include:
Littleton City Code § 3-2-10(F) - Prohibited Acts
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.
PROBABLE CAUSE LICENSING AUTHORITY GUIDELINES
Section III.C. of the Licensing Authority Guidelines states that the Authority must consider the probable cause evidence presented by the License Coordinating Officer, and based on the totality of the circumstances, the Authority must find that there is reasonable belief that a violation has occurred based upon reliable information.
Probable cause does not require sufficient evidence to show that a violation occurred. That is the purpose of the show cause hearing. In the probable cause hearing the Authority can consider such things as:
(1) Direct observations and information of the police officers.
(2) Information provided by witnesses and contradictory, incriminating, or evasive information of
the licensee and/or its employees.
(3) Whether the citation for a criminal charge was made and the evidence in support of such charge.
It is not necessary for the charging officers to directly testify to the evidence. It is sufficient if such information is provided by the Licensing Coordinating Officer if s/he acts upon communication with the arresting officer.
CONCLUSIONS AND RECOMMENDATIONS
Staff recommends that the Authority find that probable cause exists sufficient to set the matter for a show cause hearing with the above referenced incident. The show cause hearing should be set for January 9, 2018, to allow for a preliminary hearing to be held on December 12, 2018, in accordance with the Licensing Authority Guidelines.
SUGGESTED MOTION
Proposed Motion
I move to find that there is probable cause to believe that Far East Venture Inc., d/b/a The Toad Tavern, 5302 S. Federal Circle #A, Littleton, Colorado, on November 3, 2018, did violate the Colorado Liquor Code and Littleton City Code and, based on said findings, that a public hearing be set for January 9, 2019, for the purpose of considering the status of said license, wherein the above-mentioned licensee may be present to show cause, if any, why its license should not be suspended or revoked, and further that notice of these findings and the hearing to show cause shall be forwarded and served to Far East Venture Inc., d/b/a The Toad Tavern, 5302 S. Federal Circle #A, Littleton, Colorado, in accordance with the provisions of state law, and that a preliminary hearing, if necessary, be set for the 12th day of Dece,ber, 2018, for the purpose of considering a possible stipulation, if any, between the licensee and the City of Littleton.