Liquor License Violations
If a complaint is received by the city that alleges a liquor license violation, then a "Notice of Show Cause Order (the "Order")," may be issued by the Beverages Licensing Authority (the "Authority") at the discretion of the City Attorney’s Office. Most often, show cause requests are generated by the Boulder Police department, the Boulder County Sheriff’s department, the City Clerk’s office and/or the City Attorney’s Office (or any combination thereof). The Order is sent via certified/return receipt requested U.S. mail. The hearing date will be noted in the order and a representative of the licensee is required to appear.
If a licensee has a scheduling conflict with the hearing date they may be granted a continuance by the City Clerk’s office, if the hearing agenda has not been published in the newspaper. Once public notice has been given, then the licensee will need to send a representative to the hearing and request a continuance from the Authority. Please note that only one continuance will be granted to a licensee.
At the Show Cause Hearing, the licensee will need to "show cause" as to why their liquor license should not be suspended or revoked. A licensee may have an attorney represent them at the hearing, but one is not required.
If the show cause request is made by the Boulder Police Department (BPD), then the licensee or their attorney must contact the prosecutor at least one week prior to the hearing. If the licensee fails to contact him, they may be subject to the maximum suspension/revocation penalty. The prosecutor is Michael Whitney, City Attorney’s Office Prosecutor for the Boulder Police Department, his telephone number is 303-441-3020 and his mailing address is City Attorney’s Office, P.O. Box 791, Boulder, CO 80306, Attention: Michael Whitney.
The licensee is also strongly encouraged to provide a proof of training list for all sellers/servers at their establishment and Certificates of Completion from the BPD Liquor Establishment Sellers and Servers (LESS) class or from other State approved Responsible Vendor alcohol server trainings for all of their employees that are involved in the sale or service of alcohol at least nine days prior to the hearing (this will fall on a Monday). Completion of the BPD LESS class or other State approved Responsible Vendor alcohol service training is a continuing condition of holding a Boulder liquor license. Such Certificates must be considered by the Authority as to mitigation for violations from compliance checks. Failure to either provide such proof of training or turn in proof of training by the deadline may be viewed by Authority as an "aggravating" factor and could potentially increase any suspension days imposed.
The Boulder Liquor Authority will use their "Penalty Schedule " as a guideline for all liquor code violations. In certain situations, C.R.S. 12-47-601 permits a licensee to request a monetary fine, instead of a closure. The Liquor Authority will consider these requests on a case-by-case basis but do not have to grant them. Please be advised, that in the event that the Authority determines that the facts alleged in this notice are sufficient to impose a suspension of your license, the Authority may ask you to select the specific days to be served. You should be prepared to suggest days to be served that meet the following criteria: 1) the entire suspension period falls within a 30-day time period from the date of hearing; 2) the selected days are consecutive business days; and 3) that the suspension days are days that your business would ordinarily and otherwise be open. Once a suspension period is set and approved by the Authority, it will generally not be modified.
It is your responsibility as a liquor licensee to know the state and local liquor codes and regulations. City employees will discuss the issues involving a pending Show Cause Hearing, but they cannot provide a licensee with legal advice as to the defense of their case.
Last Updated on Thursday, 26 July 2012 12:50