File #: LA# 18-004    Name:
Type: Licensing Case Status: Passed
File created: 3/8/2018 In control: Licensing Commission
On agenda: 3/14/2018 Final action: 3/14/2018
Title: Preliminary Hearing - The Shack JDR Restaurant and Bar Group, d/b/a The Shack, 151 W Mineral Avenue, Littleton, Colorado
Sponsors: Licensing Commission
Attachments: 1. EX A - Stipulation, Agreement, and Order, 2. EX B - LPD Report 2017005253
Agenda Date: 03/14/2018

Subject:
Title
Preliminary Hearing - The Shack JDR Restaurant and Bar Group, d/b/a The Shack, 151 W Mineral Avenue, Littleton, Colorado
Body

Presented By:
Colleen L. Norton, Deputy City Clerk

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 violation of the Colorado Liquor Code and the Littleton City Code by the licensee involving an incident on October 14, 2017, at approximately 11:23 p.m.

At the probable cause hearing held on February 7, 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.

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 cause 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 ends and 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 upon which probable cause was found.
e.
The preliminary hearing is not designed to provide a forum for the taking of legal or factual evidence regarding any alleged violation(s).
f.
Any party may make a motion to continue the preliminary hearing and may be granted upon consent of the opposing party and a finding by...

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