File #: LA# 18-001    Name:
Type: Licensing Case Status: Passed
File created: 12/4/2017 In control: Licensing Commission
On agenda: 1/10/2018 Final action: 1/10/2018
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
Sponsors: Licensing Commission
Attachments: 1. Motion Dismiss, 2. EX A - LPD Report 2016005177, 3. EX B - LPD Report 2017004468
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

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, ...

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