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Home My WebLink About10/20/1997 October 20. 1997 LIQUOR AUTHORITY MINUTES CITY OF WHEAT RIDGE, COLORADO 7500 W 29th Avenue, Municipal Building The Liquor Authority meeting was called to order by Mayor Wilde at 7'00 p.m Councilmembers present: Teri Dalbec, Jerry DiTullio, Don Eafanti, Jean Fields, Janelle Shaver, Ken Siler, Tony Solano, and Claudia Worth. Also present: Deputy City Clerk, Christa Jones, City Manager, Robert Middaugh, City Attorney, Gerald Dahl, Chief of Police, Jack Hurst; staff; and interested citizens Item 1, Application for a Transfer of Location for Jet Liquors Applicant Keith Blanchard was sworn in by the Mayor and asked for approval of his application Bob Gaspar, City surveyor, was sworn in and answered questions Motion by Mr DiTullio to approve the application for a Transfer of Location for Jet Liquors, 10113 West 38th Avenue, Wheat Ridge Colorado, for the following reasons (1) All applications and fees required by statute have been filed and paid (2) Notice of hearing and posting of the premises have been accomplished according to statutory requirements. (3) The applicant is entitled to occupancy of the premises by virtue of a signed lease dated September 8, 1997 (4) The evidence adduced at the Public Hearing on October 20 1997 established that the desires of the residents of the neighborhood under consideration are for granting this license, as evidenced by petitions bearing 53 signatures in favor of issuance, 23 signatures in opposition, and 33 signatures evidencing no opinion and that issuance of this license is consistent with the needs of the neighborhood under consideration, seconded by Mr Siler; carried 7-1 with Mrs Worth voting no LIQUOR AUTHORITY MINUTES October 20, 1997 Page -2- Item 2, Show Cause Hearing for Palancar Reef Restaurant, 4400 Ward Road, Wheat Ridge Susan Luke and Sandra Knight, owners, were sworn in by the Mayor Ms Luke stated that the alleged violation did indeed occur, that she was very sorry that it happened and it would not happen again Chief Hurst was sworn in by the Mayor and presented the City's case and entered the Notice of Alleged Liquor Code Violation as City's Exhibit 1 Officer David Piermattei was sworn in by the Mayor and gave testimony that he was on routine patrol on Saturday, August 23, 1997, at 3 10 a,m and observed five vehicles parked in the lot adjacent to Palancar Reef Restaurant. Upon investigation, he discovered three persons inside the bar, appeared to be consuming alcoholic beverages Contents of the drinks were seized for analysis and the individuals were advised that the consumption of alcoholic beverages, after closing hours, is an offense The persons identified by Officer Piermattei were employees of the bar and restaurant. Ms Luke stated that one of the violators was her husband, that they were roasting a pig and that was the reason they were still at the bar at 3 10 a,m She reiterated that she was sorry that this violation had occurred and assured Council that it would not happen again Motion by Mr Solano that the following violation occurred. Violation 12.47-901 (5)(b) which prohibits the sale, service or distribution of malt, vinous or spirituous liquors after 2:00 a,m and before 7'00 a.m , seconded by Mr Siler; carried 8-0 Motion by Mr Solano to suspend the license for nine (9) days and to stay the suspension permanently if no other violation occurs for one (1) year; Mrs Dalbec requested that this include 2 weekends This was accepted Seconded by Mrs, Worth, tied 4-4 with Councilmembers Solano, DiTullio, Worth, and Dalbec voting yes Mayor Wilde broke the tie by voting no Motion failed 5-4 Motion by Mr Siler to suspend the license for three (3) days to include the weekend and to stay the suspension permanently if no further violation occurs within the next six (6) months, seconded by Mr Solano, carried 7-1 with Mr DiTullio voting no Motion by Mrs Dalbec that the City Attorney prepare the findings, seconded by Mr Solano, carried 7-1 with Mr DiTullio voting no Item 3. Show Cause Hearing for Holly West, 3490 Youngfield Street, Wheat Ridge Chief Hurst presented the City's case and entered the Notice of Alleged Liquor Code Violation and Request for Show Cause Hearing as Exhibit 1 LIQUOR HEARING MINUTES October 20,1997 Page -3- Officer Steve Berkowitz was sworn in by the Mayor He stated that he was on routine patrol on Thursday, August 21, 1997, at 2 45 a,m when he observed several vehicles parked in the lot at Holly West. Officer Berkowitz found the front door to the business unlocked and entered the bar He observed persons sitting at the bar, with what appeared to be alcoholic beverages in front of them He seized samples from the drinks for analysis. He advised the persons, all employees, that consuming alcoholic beverages, after closing hours, was a violation William Bastien, manager for Holly West, and waitress Jackie Potemka were sworn in by the Mayor Mr Bastien stated that the only person consuming a drink was Jackie Motion by Mr Solano that a violation occurred under Section 12-47-901 (5)(b), which prohibits the sale, service or distribution of malt, vinous or spirituous liquors after 2 00 a.m and before 7'00 a,m" seconded by Mr DiTullio, carried 8-0 Motion by Mr DiTullio to suspend the license for Holly West for three (3) days, including a weekend, and to permanently stay the suspension for six (6) months if no other violation occurs, seconded by Mr Siler Mrs, Dalbec asked to amend the motion to make the suspension for one (1) day; seconded by Mr Solano, carried 6-2 with Mr Siler and Mr DiTullio voting no Motion as amended carried 7-1 with Mr DiTullio voting no Motion by Mr Solano to have the City Attorney prepare the findings on this matter; seconded by Mr Siler; carried 7-1 with Mr DiTullio voting no Item 4, Show Cause Hearing for Pink Cadillac Saloon, 12100 West 44th Avenue, Wheat Ridge Mrs. Dalbec asked to be allowed to abstain because of a conflict of interest. Motion by Mrs. Worth to allow Mrs Dalbec to abstain, seconded by Mr Eafanti, carried 6-1 with Mr DiTullio voting no and Mrs Dalbec abstaining Chief Hurst presented the City's case and entered the Notice of Alleged Liquor Code Violation and Request for Show Cause Hearing as Exhibit 1 Officer Berkowitz stated that he contacted an obviously intoxicated person, urinating in a public place near the adult book store on West 44th Avenue Officer Berkowitz allowed the person to leave with the understanding that he would go to his truck (parked at the truck stop) and would not drive the vehicle or consume any more alcohol for the evening This person had trouble standing and walking He had bloodshot eyes, and his speech was slurred LIQUOR AUTHORITY MINUTES October 20,1997 Page -4- A short time later Officer Berkowitz and Officer Dave Sellers observed this same person walking into the Quality Inn and the Pink Cadillac Saloon, The officers went into the bar and observed that this person had been served a beer and was drinking with two other persons in the bar The Officers believed that the other two persons also appeared to be visibly intoxicated The officers requested that the people leave the bar and all three complied. Once outside the bar two of the persons submitted to a breath test. The person Officer Berkowitz had previously contacted refused to take the test. One person registered a BA of 106, and the other a BA of ,206 The bartender at the Pink Cadillac was arrested for serving visibly intoxicated persons, and issued three summonses for the charge The bartender told Officer Berkowitz that she had sold beer to all three persons. Alexander Makkai, Jr , attorney for Pink Cadillac Saloon, was sworn in by the Mayor and questioned Officer Berkowitz. Daniel Clifton, son of owner Dennis Clifton, was sworn in by the Mayor and stated that he had been present at the bar that evening, did not observe the visibly intoxicated person buying beer, did not notice the person being visibly intoxicated and was told by the bartender that she did not sell beer to that person, Darren Kelly, former assistant manager at the Pink Cadillac, was sworn in and gave background on the training procedures and policies at the Pink Cadillac. Dennis Clifton, owner of the Pink Cadillac, stated that he had never had any previous liquor violations and always cooperated with the Police Department. Motion by Mr DiTullio that a violation of C R,S 12-47-901 (5)(a)(l) occurred, selling alcohol to three (3) individuals, each of whom was visibly intoxicated, seconded by Mr Solano, carried 7-0 Motion by Mr Solano that the license be suspended for a period of seven (7) days, with two of such days to be served, commencing on and including 7 00 a,m Saturday, November 29, 1997 through and including 12:00 midnight Sunday, November 30, 1997 The remaining five (5) days of the suspension shall be permanently stayed; seconded by Mr DiTullio, carried 5- 2 with Mr Siler and Mrs, Worth voting no Motion by Mr Solano that the attorney prepare the findings, seconded by Mr DiTullio carried 7-0 Motion by Mr DiTullio to adjourn, seconded by Mr Siler' carried 7-0 Meeting adjourned at 9 50 P m , ( , ~'" \' \. Christa Jones, Deputy City Clerk ~, ~ \,. ")