Agenda Date: 02/10/2016
Subject:
Title
Hearing on renewal application for Pho Real LLC, d/b/a Pho Real, 2399 West Main Street, Littleton, Colorado
Body
Presented By:
Colleen L. Norton, Deputy City Clerk
INTRODUCTION/HISTORY AND FACTS:
On January 13, 2016, the Licensing Authority scheduled Pho Real LLC, d/b/a Pho Real, 2399 West Main Street, for a hearing to consider whether to renew its Hotel & Restaurant liquor license.
Notice of the hearing was posted on the licensed premises on January 26, 2016, and notice of the hearing was provided to the licensee on January 14, 2016 (see attached proof of posting and notification letter).
Concerns with the licensee's renewal application include:
* On the renewal application (question 3), the applicant indicated that the applicant, agent, owner, manager, partner or lender had been convicted of a crime since the date of filing of the last annual application. The detailed explanation provided was of a felony drug conviction concerning possession/manufacturing of an illegal substance with intent to distribute.
* The Colorado Bureau of Investigation report indicates that that applicant was charged with three drug felonies, two of which were dismissed by the DA, but the disposition on the third charge was guilty. These offenses occurred on January 8, 2015, less than two months after the application was approved in November 2014. On February 11, 2015, Mr. Nguyen was also charged with Failure to Appear. Staff would ask the Authority to review the video minutes (link here: November 2014 video minutes) for the discussion and sworn testimony during the application hearing regarding applicant's criminal background and the concerns raised by the Authority.
LEGAL AUTHORITY:
Pursuant to C.R.S. ? 12-47-302(1), the local licensing authority may cause a hearing on the application for renewal to be held and may refuse to renew the license for "good cause" as provided in C.R.S. ? 12-47-103(9). "Good Ca...
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