HomeMy WebLinkAbout10/28/1985LIQUOR AUTHORITY MEETING
CITY OF WHEAT RIDGE. COLORADO
October 28, 1985
The Liquor Authority Meeting in the matter of the alleged violation at
Old Prospector's Liquors was called to order by the Mayor at 6:30 p.m.
Councilmembers present: Kent Davis, Tony Flasco, Larry Merkl, Moe
Keller, Nancy Snow, Randy West, and Dan Wilde. Also present: City
Clerk, Wanda Sang; City Attorney, John Hayes, Councilmember Clyde E.
Hobbs arrived at 7:20 p.m.
Detective David Suter and Cadet Greg Godfrey from the Wheat Ridge Police
Department were present and sworn in by the Mayor.
Testimony was given by Cadet Godfrey as to what happened on December 7,
1984 when the alleged violation occurred. He gave his date of birth as
January 27, 1965.
George M. Graber, attorney for Mr. Cain, owner of Old Prospector's
Liquors, was present and sworn in by the Mayor. He questioned the
Cadet.
Evidence for City was marked Exhibits 1, 2, 3, and 4.
Mr. Graber objected admission of exhibits, stating person making CBI
report was not present to testify to its authenticity.
Present and sworn in by the Mayor was Mr. Albert Cain, owner of Old
Prospector.
Mr. Graber questioned both Mr. Cain and Detective Suter.
Summation by Mr. Graber and Detective Suter. Mr. Graber asked that
charges be dismissed because 1) City did not show that alcoholic
beverage was sold; 2) Clerk di.d not plead guilty to this charge.
Authority asked questions of all witnesses.
Mrs. Snow stated:
1) We find violation of Liquor Code occurred at Old Prospectors Liquors
and 6% beer was sold to a minor.
2) Evidence was presented that the old Prospectors Liquors is not
licensed to sell 3.2% beer and the owner, Mr. Cain, stated that any
Schlitz Malt Liquor purchased at his store is 6% beer.
3) We find the testimony of the Cadet credible, that he purchased
Schli.tz Malt Liquor from this store and from Mr. Moore since no 3.2 Malt
Liquor is sold in this store, therefore, the Schli.tz purchased by the
Cadet is 6% beer and a violation occurred.
4) The cadet was under age at the time of purchase, no I.D. was asked of
him, nor dial he give any.
LIQUOR HEARING MINUTES: October 28, 1985 Page -2-
Motion by Mrs. Snow that the Liquor License be suspended from Wednesday,
November 6, 1985 at 8:30 a.m. until Saturday, November 9, 8:30 a.m.
License to be surrendered to the City Clerk on November 6, 1985 and
picked up from Police Department on November 9, 1985 at 8:30 a.m.;
seconded by Mr. Wilde.
Mr. Davis stated he will be voting No, doesn't feel the City proved that
there was a sale of alcoholic beverage to a mi.nor; feels there was
inadequate identification of the clerk, since the cadet di.d not go back
into the store immediately to identify said clerk; also, he will be
voting against this for the same reasons he had on all the other ones;
feels the City could work with store owners in a whole different way
than the way they are doing it.
Mr. Flasco stated he will vote no, he has to agree with the attorney for
Mr. Cain; doesn't believe the City has proved the case; not accurate in
following the trail of the liquor; doesn't understand what they took in
months ago, for it to set in P.D. locker, there is a distinct
possibility of some of the things the attorney has brought up, doesn't
feel the City has proved their case.
Mr. West stated he will vote no, for the same reasons Mr. Davis and Mr.
Flasco have stated. He disagrees with Mrs. Snow on credibility of Mr.
Godfrey; finds a questionable doubt there. Will be voting No, but wants
it perfectly understood, that he is against selling liquor to people
under age.
Motion carried 4-3 with Councilmembers West, Davis, and Flasco voting
No, Mr. Hobbs abstaining.
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Wanda Sang, City C erk