Agenda Date: 08/09/2017
Subject:
Title
Preliminary Hearing - Retro Wasteland, LLC, d/b/a The Toad Tavern, 5302 S Federal Circle; Littleton, Colorado
Body
Presented By:
Lena McClelland, Assistant City Attorney
ISSUE:
Whether the stipulation between the licensee and the city should be approved.
INTRODUCTION/HISTORY AND FACTS:
This matter comes to the Authority following a possible violation of the Colorado Liquor Code and the Littleton city code by the licensee involving an incident on May 5, 2017, at approximately 1:56 a.m.
At the probable cause hearing held on July 12, 2017, the Licensing Authority found that probable cause existed and set the matter for a preliminary hearing and show cause hearing in accordance with the Licensing Authority Guidelines.
LEGAL OPINION:
In a preliminary hearing:
a. The Authority will consider and rule on any proposed stipulation between the City and the licensee.
b. The Authority will consider whether or not the proposed stipulation should be accepted, rejected or if a counter offer should be made by the Authority to the parties to the stipulation for their consideration.
c. If the Authority accepts the proposed stipulation, then all sanctions authorized by the code, or set forth in the stipulation, may be imposed, and the previously set show case date shall be vacated.
d. If the Authority sets forth additional conditions to the proposed stipulation and the licensee rejects the Authority's counter offer, then the preliminary hearing will end. The previously set show cause date will be retained and the parties shall appear on that date to present evidence regarding their particular issues surrounding the alleged violation which gave rise to the show cause hearing.
e. The preliminary hearing is not designed to provide a forum for the taking of legal or factual evidence regarding any alleged violations.
f. Any party may make a motion to continue the preliminary hearing and may be granted upon consent of the opposing party a...
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