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File #: LA# 19-005    Name:
Type: Licensing Case Status: Failed
File created: 8/6/2019 In control: Licensing Authority
On agenda: 9/11/2019 Final action: 9/11/2019
Title: Determine if probable cause exists to set a show cause hearing for Byers LLC, d/b/a Fraco's Bar, 5302 South Federal Circle Unit A, Littleton, Colorado
Sponsors: Licensing Authority
Attachments: 1. LPD Report 2019003403, 2. Probable Cause Notification
Agenda Date: 09/11/2019

Subject:
Title
Determine if probable cause exists to set a show cause hearing for Byers LLC, d/b/a Fraco's Bar, 5302 South Federal Circle Unit A, Littleton, Colorado
Body

Presented By:
Colleen L. Norton, Deputy City Clerk

ISSUE
Whether there is probable cause to believe that Byers LLC, d/b/a Fraco's Bar, 5302 S. Federal Circle Unit A, Littleton, Colorado, violated the Colorado liquor 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 by the licensee based on the following incident(s):

1) July 29, 2019, at approximately 8:47 p.m. Littleton PD report 2019003403 is attached.

The possible violations of the Colorado liquor code include:

C.R.S. ? 44-3-901(1) (a) - Unlawful Acts - Exceptions
(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 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, either directly or by means of
report; and
(2) Information provided by witnesses and contradictory, incriminating, or evasive information of
the licensee and/or its employees; and
(3) Whether the citation for a criminal charge was made and the evid...

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