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Home My WebLink About03/28/1988LIQUOR AUTHORITY MEETING CITY OF WHEAT RIDGE, COLORADO March 28, 1988 The Liquor Authority Meeting in the matter of the alleged violations at Tenneco Food Store, 12700 W. 32nd Avenue and Caravan West, 11221 W. 44th Avenue, was called to order by the Mayor at 6:00 p.m. Councilmembers present: Kent Davis, Tony Flasco, Larry Merkl, Randy West, Moe Keller, Nancy Snow, and Claudia Worth. Also present: City Clerk, Wanda Sang; City Attorney, John Hayes; and representing the City of Wheat Ridge, prosecuting attorney, Jim Windholz. Item 1. Alleged Liquor Violation at Tenneco Food Store, 12700 W. 32nd Avenue. Violation of Section 12-46-112. (1) (a). It is unlawful for any person to sell fermented malt beverages to any person under the age of eighteen years or to any person between the hours of 12 midnight and 5:00 a.m. Attorney Jim Windholz presented the City's case. Attorney Miles was representing Tenneco. Detective Berkowitz was sworn in by the Mayor and gave background on how the case transpired. He was questioned by both attorneys. City Clerk, Wanda Sang, gave testimony on liquor license process and Tenneco's previous liquor violation. David V. Milhellan, manager at Tenneco Food Store, was sworn in by the Mayor and gave testimony regarding the alleged violation. John Allan McDonald, District Trainer of Tenneco, was sworn in by the Mayor and stated Tenneco's training policies. Exhibits were entered into the record. Jim King was sworn in by the Mayor and addressed Tenneco's policy on the selling of alcohol. Jason Hamilton, was sworn in by the Mayor and recounted his experience of purchasing the 3.2% beer. After deliberation, the Liquor Licensing Authority found that Tenneco was guilty of violating Section 12-46-112 (1)(a) of the Colorado Beer Code. Motion by Mrs. Snow to suspend Tenneco's 3.2$ beer license for a period of 15 days. 10 days of the 15 day suspension must be served commencing on Friday, April 1, 1988, noon, until Monday, April 11, 19889 8:30 a.m. LIQUOR HEARING MINUTES: March 28, 1988 Page -2- The remaining 5 days of the suspension will be suspended with the provision that no other violation occur within the next 2 years. If another violation takes place, the 5 days will be added to whatever suspension the Authority decrees at that hearing; seconded by Mrs. Keller; carried 7-0 with Mrs. Ibbison abstaining. Item 2. Alleged Liquor Violation at Caravan West, 11221 W. 44th Avenue. Violation of Section 12-47-128. (1) (a). It is unlawful for any person to sell, serve, give away, dispose of, exchange, or deliver or permit the sale, serving, giving, or procuring of any malt, vinous, or spirituous liqor to or for any person under the age of twenty-one years, to a visibly intoxicated person, or to a known habitual drunkard. Attorney Jim Windholz presented the case. David Case, owner of Caravan West, was questioned by City Attorney, John Hayes, regarding representation by an attorney. Attorney Windholz questioned Detective Steve Berkowitz (previously sworn in), who had been called in as a back-up to Officer Mark Slavsky. Officer Mark Slavsky was sworn in by the Mayor and gave synopsis of the call. Mr. Case questioned the officer. Carl Rudd was sworn in by the Mayor and gave testimony regarding the disturbance. He was questioned by Mr. Windholz and Mr. Case. David Case was sworn in by the Mayor and read a letter into the record. Detective Berkowitz was recalled. After deliberation the Liquor Licensing Authority found that 2 violations against the Colorado Liquor Code, Section 12-47-128 (1) (a) had been committed. Motion by Mrs. Worth to suspend Caravan West's Liquor License for 15 days. 10 days of the 15 day suspension must be served commencing on Friday, April 1, 1988, noon, until Monday, April 11, 1988, 8:30 a.m. The remaining 5 days of the suspension will be suspended with the provision that no other violation occur within the next 2 years. If another violation occurs within 2 years, the 5 days will be added to whatever suspension the Authority decrees at that hearing; seconded by Mr. West; carried 8-0. yWanda Sang, City Clerk P O BOX 638 TELEPHONE. 303/237-6944 The City of 7500 NEST 29TH AVENUE • WHEAT RIDGE, COLORADO 80033 c.Wheat Ridge March 22, 1988 Tenneco Food Store 12700 W. 32nd Avenue Wheat Ridge CO 80033 NOTICE OF LIQUOR HEARING. DAN WILDE. MAYOR JAMES O. MALONE WANDA SANG CITY TREASURER CITY CLERK COUNCIL MEMBERS District I District III DORIS M. IBBISON NANCY SNOW LAWRENCE G. MERKL RANDY WEST District II District IV KENT O. DAVIS MOE KELLER ANTHONY N. FLASCO CLAUDIA WORTH This is to notify you that the Wheat Ridge Liquor Licensing Authority will hold a hearing on the alleged liquor violation that occured in your establishment on January 15, 1988. A copy of the Police Report is enclosed with this letter. The hearing will be on MARCH 28, 1988, 6:00 P.M. in City Council Chambers, 7500 W. 29th Avenue, Wheat Ridge, Colorado. If you have any questions on this matter, please call the City Clerk's Office at 237-6944. Sincerely, Q1,iI P -503 743 019 RECEIPT FOR CERTIFIED MAIL ICU INSURANCE COVERAGE GROV~";D J NOT FOR INTERNATIONAL MAIL C h r i s t a Jones (See Reverse) Deputy City C1 rk o sentto L? Tenneco Food Store Lo , :rent 11! , 'In Encl. 1 12700 W. 32nd Ave. 0 -,ta!n and ZIP Code Wheat Rid e CO 80033 v Ir ra a ~ I g _ I _ nt~e~ Fee I Special Delivery Fee Restncted Delivery Fee Reelr^ Receipt 5howing l _ .vhorn and Date Delivered Lo O HeWm Receipt shssnwmg Io whom. Date and Addre of Delivery j TAL Postage and Fees S 71 p Postmark or Date E `o 'The CartlatIon OFFENSE REPORT V FELONY 11 rvnaucmcstrvvrt INCIDENT REPORT PETTY OFFENSE Reporting A enc wh Ki P li Case Report No. I J 88 760 o eat c e ce - Connecting Case Report No. fense Incident Classification Reporting Officer I Liquor law violation Berkowitz Location of Occurrence Geo - Code 12700 W 32nd Ave Oate/Time On mod tt~~ V l Day 15 ff8 Ye Ti TI3 0 Date/Time d R Month Day Year Time Iccurred eporte or - - - - Between 01 15 88 2130 Code. V - Victim RP - Reporting Party W - Witness SB - Subject (Incident Report Only) Code Name (Last, First, Middle) Age DOB Sex Race State of Colorado Address Zip Code Phone x = day Res. L V # 1 E Bus. Code Name (Last, First, Middle) O 3 21 Sex R ce e ' 'x Hickman Donald 12-4 n M Address Zip Cot, 802 Ph e 1 ' d y 4-Y3 ~ Res. _4_5_17 Federal Blvd Denver -Co--- _ _E: _ 1 S#1 Bus- 12700 W 32nd Ave Wheat Ridge Co 80033 233-2695 C Vehicle: Year Make Model/Style Color Top/Bottom Teletype No. Stolen Victim License No. Type State License Colors Prime/Numeral Identification No. Suspect Describe Unusual Features (Exterior/Interior OFFENSE STATUS Is witness able to assist in solution of crime? Yes No Can a suspect vehicle be identified? Yes No Open Can a suspect be described? Yes No Is stolen property traceable? Yes No Cleared by Arrest Can a suspect be named? Yes No Is physical evidence present? Yes No Exceptionally Cleared Can a suspect be located? Yes No Recommend Case Review Yes No Unfounded Item Value Value Value No. Quantity Brand Name Description Serial No. Stolen Recovered Dama ( I S#2 Hamilton,Jason 15085 Echo Dr Golden Co 279-3354 10-8-71 t 12 Coors 12 pack Coors Light Text;On 011588 r/o and Detective Gray were watching the Tennico Station for under age subjects buying beer(r/o had received info that juveniles were buying beer at this location).R/O observed a number of subjects buying beer from the clerk (S#1) and that S#1 never asked for a ID. R/O and Detective Gray stopped a car were a young male had just bought beer from S#1.The male was checked for his age and he was 18yrs old but he advised that S#1 did not check his ID and he stated that S#1 never checks anyones ID. At approx 2115 r/o and Detective Gray saw a car pull up and a juvenile (S#2) get out of the back seat.The juvenile went into the Tenneco and bought a 12 pack of beer and S#1 did not cheek any ID. R/O and Detective Gray stopped the car that was carrying S#2 and contact S#2 and found that he was 16 yrs old.S#2 advised that S#1 did not ask him for any ID and that S#1 never asks anyone for ID and because of this all the kids buy beer from S#1. BOtn aporting Party Signature I ects were issued summons and released. this information is true and correct. I Operation ID Send Copies To YES NO $ $ $ V'e r Sign [Unit Number Supervisor Initials and Date A-sZsigned To I page 11 12-- Cl--~ /3 Z"2 k~ 1 ' i of 81 ASAF 2 (REV 1082) CONTINUATION IM SUPPLEMENT Reporting Ag ency Reporting Officer Connecting Case Report No Victim 5TAme Ori n al Re or Classification Offense Status. Open Exceptionally Cleared classification Cleared by Arrest Unfounded n Case Report No. 88-760 Date This Report Recommend Case Review LJ Closure Value Value Value I Ouantityl Brand Name I Description I serial ivo. 1 atoien 1 necovereu I uarneyea Friday January 15,1988 Det. Berkowitz and I were conducting a surveillance at the Tenneco food store located at 12700 W. 32nd Ave. Det. Berkowitz had received information that the store was selling alcoholic beverages to minors. We parked accross the street from the food store and observed the transactions taking place, utilizing binoculars. At approx 2100 hrs, I observed J-1 HAMILTON get out of the back seat of a car parked in front of the store and walk in. He went to the west side of the store, where the beer is kept, and went to the counter with a twelve pack of Coors Light beer. I observed J-1 pay for the beer and leave the store without ever being asked for an ID. I observed that the clerk of the store sold him the beer and now know the clerk as A-1 HICKMAN, DONALD. We followed J-1 as he re-entered the car and it left and stopped the car at W.32nd and Union St. J-1 was sitting next to the 12 pack of beer, and advised he was sixteen years old. J-1 was taken into custody, transported to WRPD, booked and processed and released to his brother on his promise to appear by signing municipal summons T64319. J-1 stated that everyone at Wheat Ridge High knows that they can go to the Tenneco station and buy beer. He said that even eighth and ninth graders are buying beer there. Det. Berkowitz processed A-1 Hickman, who was also arrested for selling beer to a minor. Nothing further to report. Officer Signature Unit Number Supervisor Initials and Date Assigned To Page I-DET. J. GRAY X7 793 BERKOWITZ of 91 ASAF 3 4Rev.6/M NTIIWATION Reoortino Aoencv Reporting Officer Case Report No,s~ , 1334 SUPPI.tMt-N I U Connecting Case Report No. Victim Name.Original Report \ Date This Report Classification Reclassification Offense Status: Open Exceptionally Cleared C3 Recommend Case: Review Cleared by Arrest Unfounded Closure tem I a Quantity Brand Name Description Serial No. Value Stolen Value Value Recovered Dam d t I - W- t ti~~ S T!i _F~~n E til'~ -'s -t° I N+f. I I I I I I ! I I lJ 4! 'DJuEP h4Ae t~E Vy~T (3£C.A0-1 C F~ctE _~t I I '"rl Q ~ESI d r ---5 "~S S tT peso ,p.0 J t S~"O 1~kAr I _ I i ~ I 1 I I ~i I' I - I I I l I I f fw-y = S.-C-N TFd^l°s I I 1 I W-S 'CA VJISE9 TlS~~ E1Qf~~xL.~cti~ Q~ ~x1EFiJ g ( ' ^ ZOO • W 11 •C F Al 1 Q L r yk~s~ AC L'S uT W eqr lut I I I I I ! I I I I ' fJ t~C--r-kv\ E- S3Ez~ k-;c Z R~SPoNoCIO tAe-'o lta ~yttE~ P ut( ~No t~-Z , w»3 Ab.,tstD TO e~aaz~ ' I .a 1` i CV.~a•CU~~I I SZ~~..~G.~wt I Z (.rt~l'(•11 V l +1... OI~7S `.S CE 1 xl' acY%yti,~'e T>A~twto S•2 tNtD C~v1TL~0`t l c7C6SEK~Jtp '~~f` ac;```l.O-~ {etoJ~ ! ~EEII ..>O f3C~~ ~ra0 I S,~R-~1t..~1o Q.~~Fv.EC-i I Pwd r = k``o'P~2i*rr~- I ~E~tSrEe . ~t P~rJ~2 b t..,.~oa.Ic.1..~ Abe. CSC t2. It a--Cn ST-L-N A1.6L~ I a , c3~ ~o i2t caa t ruu a c C 1 c c,~c t Ste, trvCo_ l J- t l~rt.r K AGl P :r~.b, r ~Zor~Q.rt J'S. -'ryZ c.~o S C'o a~.~E Yr-E 1-f s -l;~l .;~~d:'ab~ Foe. INI~..a•r . S^t ~ S -Z~J~I~ W-`1 ~y£~-~E. '~iYi1CE,~ . fb ` W -P, .0 0. I S -t raffia S. 2 w~f? E 4 Ct_~ CAS nN I SlJ M M cA,~L 'U I S L A t- &S -Po,S c3cD I ~ oNO Fc ,z C3 ~tJ O 1 r.~C7 1 F' ~A zR~.,~ I l.>-4 w~f -i-VIZ4, V-E.J 4a-E t3~r QF, ~~~K Mft I Ii.SPIS 1~1/~1LScrJ ~4t3u~ d3Y ~u~!?~A~• I I I 1 1 ~ ~ ~ - l ~3 . t~ C . I O . t ~k 3 ' " ° Co~~S To ~ DE-~ • C3 €'t2K.~wt ~2. Ij (9- 4A C I p. 09 , y~ ua2 ~~c.-mss 1 CQNTJlN'UATION O Connecting Case Report No. Vigim Name OOripinal Re ort 2 OD~te2T6hiiss 8Report Classification Reclmsifiration O liauor violation Offense Status: Open Cleared by Arrest Exceptionally Cleared Unfounded Recommend Case: Review Closur- -"Y] Item Value Value \ No. Quantity Brand Name Description Serial No. Stolen Recovered Damned W#1 Gerrold Smith 3944 Turnpike Dr #2 XX;7 folii(_Westminster 80030 650-8287 W#2Span gler,Wanda 3944 Turnpike Dr #2_Westminster_081768 S_#_l Casd,David_972.8 Milwaukee Ct Thornton 80229,420-6009 S-#2 Nitz_e1L0eraloine'_7750_W 61st #2 Arvada 80003,422-4874 I I I I i on 012588 at 2047 Officer Johnson_requested_that this officer'resp tolthe Caravan West Bar on Liquor Violations.upon__arrival r/o contacted_ -officer'Jhnson_advised_. that S 1 who is= the ownerof the Caravan West'was intoxicated and involved_in a_ disturbance. R/O contacted W#1 and W_#2 who were employees of_ the bar~Wll ady~ sed that he_ was tired- of_working for a boss that ~-ias always drunk and the, fact _ -that-S_#-]_hired W#2_who__is_W#ls girlfriend and 'she is only 19yrs'Q1d,,W#-l advised that-h "ervasLS_#1_ drinks that afternoon and that S#2 who is S#1s girlfriend -gave-#lLdrinks_ this' eve.ni-ng__ey_en tYiough S#1 was ritQxicated. ' R/0 advised OMeer_.Slavsky t-otalke S47--intg-(zustodyfor A Detox hold and_?.i_quor_Violation_for___let-tincr W#2 sere u4r_~_ /_Q also advised to 't _S_#1 int,- custody-- for_serving__a--v-isihle_intoxic_ate_d_person. w#~ and W#2. both advised hat`S l-aas_tgld hat W12 waS pnly 199-yrs Q1- At the pD G#1 advised__that_W#2-showed hi,m_a--.ID saying she was Wand~,S-ith-and wa~ ?l- ~t7'G old ! I I I I k. 1 " I i I 1 I t. " `~1' 1-- I I i I I 1 1-n I 1 I I - i3> -r I I I I I I I F ! I I I i f. i + (i:i.~. I I I F I I i. t 1 I I I Offi Signa Unit Number Supervisor Initials and Date Assigned To Page of I. 81 ASAF 3 (Rev. 6/82) OFFENSE REPORT ® FELONY O~~ .0 q I Fr1 ET IDENT REPORT PTY OFFENSE I Report ng Agency LJi,EAr- Q146 E /Oor.rc,E se sport o. 133L4 ,tectmg se Report No. I ense tneident Classification 1 `I t Reporting0 icer 54 $ U \~z J t pL~~ 7- 1 Z - AJwy Location of Occurrence //aaf LJ. /~y=" /~E CJ/aEA% ~~I~GE ~o Geo - Code Data/Time On Month Day Year Time Date/Time Month Dey Year Time Occurred [ - - - - Reported 1 Between O 1 Z`~ 8.c3 ZOy-( 0( Z'S @ 8 ZC)%4"-T Code: V - Victim RP - Reporting Party W - Witness SB - Subject (Incident Report Only) Co'de Name (Last, First, Middle) ~ ~ Age DOB Sex Race :.~,a' o TATE o~ CC_OQ " Address Zip Code bona x = clay) -es.------ V - Bus. (575 o~f4e i1MA-3 c . EN.! E 2 867-03 ~ - 893.3S1 - Code Name (Last, First, Middle) DO 8 Sex Race de T 6 F w Address `11 - TuGG n1 ? \K E OZ Res 39 Code ip t one (x - dey) (,J - - - Bus.112Z( L.W. 4f.~- 00 31•~2.34 h cIa: Year Make M odel/Style r Top/Bottom Teletype No. [Ve n m ect License No. Type License Colors Prime/Numeral Identification No. Describe Unusual Features Exterior/Interior OFFENSE STATUS Is witness able to assist in solution of crime? Yes L~g No Can a suspect vehicle be identified? Yes No Open Can a suspect be described? Yes 10 No Is stolen property traceable? Yes No ® W Cleared by Arrest Can a suspect be named? Yes ® No Is physical evidence present? Yes.1K] No Exceptionally Cleared Can a suspect be located? Yes No Recommend Case Review Yes No Unfounded Quenti Brand Name Description Serial No. Value Value Value Stolen Recovered Damaged 0En I I' S-1 1 D 11 v I I I } I 972s Ke 1 8A z2 yZlu-6ocl~' I ' S Z F I 1 I I t OtAIL iA C:) 15 3 T 1 s- uE- 142 2J~OA ~0 000 1 2~.yg I 74 `~'`•(:•`E= I; ( ~lzt W ~ ~ d-, It ~ 331 311 ;,z q•.}. ...~\Z21 ILL,. 4 \ cvr 21 33 1 123 c> I I I I I I ( S o I :vti I 2 01 C La E (Z. A P.,~ J l.~F I oS a9 ~~r I I i t-FLIc~o ~~U~-SbUR T. l.J\i T t2 \OVC -I 00.53 rJ~+~sE. Repotting Party Signature: I affirm this information is true and correct. 1 Operation I D Send Copies To Total Total Total 71 Vee (-l nin e i t q ...,..r.... Rl r.~w~ MrI %IVI•IismW +-.v.. SUPP EMENT Connecting Case Report No. Case Report No. Reporting Agency Reporting Officer Date This Report Victim Name Original Report ~ A o~ Cc). 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