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HomeMy WebLinkAbout09/10/1990LIQUOR AUTHORITY MINUTES CITY OF WHEAT RIDGE, COLORADO September 10, 1990 The Liquor Authority Meeting in the matter of the alleged liquor violations for Abner's Market and Happy Liquors was called to order by the Mayor at 5:30 p.m. Councilmembers present: Kent Davis, Tony Flasco, Larry Merkl, Bill Shanley, Lon Eafanti, Ran Selstad, Phil Edwaras, and Elise Brougham. Also present: City Clerk, Wanda Sang; Deputy City Clerk, Christa Jones; Special Prosecuting Attorney, Jim Windholz; City Administrator, Mike Smith; and City Attorney, John Hayes. Abner's Market. George Holley, 1667 Cole Blvd., Golden, attorney f'or Reed Becerra, was present and stipulated to the alleged violations of C.R.S. Section 12-46-112 (1)(a), selling f'ern,ented malt beverages to any person under the age of twenty-one years. Special Prosecuting Attorney, Jim Windholz, gave background on the two all.e,,ed vio]ations, one of which o~,eGrt.c on :.ovLi..L.~r 1',, other one on June 7, 1990. Mark Kocol, 10789 Allendale Drive, Arvada, was sworn in by the Mayor and Iftw answered Mr. Windholz' questions. He stated that he had purchased beer in Abner's Market on November 17, 1989, identified Mr. Fermin Romero as the Clerk who had sold him the beer, and insisted that he had not shown any identification which showed either his real age (born 11-23-70) or a fake identification which showed him to be over 21 years old. He stood by his answers when he was cross-examined by Mr. George Holley. Abner Becerra, 7319 Carr Street, Arvada, was sworn in by the Mayor. He is Mr. Reed Becerra's father and has occasionally employed Mr. Fermin Romero. He owns a store adjacent to his son's and helps his son to run the store when Reed is absent. Reed Becerra, 10451 W. 107th Avenue, Broomfield, was sworn in by the Mayor. lie is the owner of Abner's Market. He stated that he had not been present when Mr. Romero had sold the beer to minors, but that he had instructed his employees to check I.D.'s Fermin Romero, 5980 Quail Street, Arvada, was sworn in by the Mayor. He works at Abner's Market and admitted that he sold beer on two occasions to persons under the age of 21 years old. Both times he did not ask for identification. He claimed he had checked Mr. Kocol's I.U. prior to the violation and that he had shown I.D. that showed he was over 21 years old. When he sold to Cadet Fusetti, he was busy and distracted and did not ask for an I.D. Detective Jay Gray, Police Officer with the Wheat Ridge Police Department for 11 1/2 years, answered questions. LIQUOR MINUTES: September 10, 1990 Page -2- Mr. Windholz entered a letter as Exhibit 1 into the record, which is from the City of Arvada, advising Wheat Ridge that Abner's Market is allegedly selling beer to minors without asking for I.U. Mr. Holley objected to this Exhibit, but City Attorney, John Hayes, allowed it to become part of the record. The Liquor Authority retired to a fact finding session. Motion by Mr. Merk] that based on stipulation an offense did occur. The License be suspended for a period of three days, commencing September 129 1990 at 8:00 a.m. until September 15, 1990 at 8:00 a.m. seconded by Mr. Eafanti; carried 8-0. Happy Liquors Mr. Windholz presented the case. Ho Binh Thanh, owner of the liquor store, was present and pled guilty to the two violations of Section 12-47-128(5)(x)(1) C.H.S., selling malt, vinous, or spirituous liquors to any person under the age of twenty-one years. The violations occured on June 1 and June 28, 1990. fie claimed that he had been very confused by persons showing "white licenses" that he was unfamiliar with and that he didn't know if the licenses were fake. He asked the Authority for a second chance and stated he wouldn't have any further violations. Matthew Drake, 9490 W. 8th Avenue, was sworn in by the Mayor. He stated he was born 8/4/73 and had bought a six-pack of Coors Light at happy Liquors. He could not positively identify the person who had sold him the beer. He was not asked for any I.D. He had never been in the store before, but had been told by friends that it was easy to buy liquor there without having to have I.D. Michael Autio, 2095 Hoyt Street, was sworn in by the Mayor. He stated he was born 10/22/72. He and Matthew Drake went to Happy Liquors on June 28, 1990 to buy beer. He and [Matt each bought a six-pack of Coors Light bottles. He carried his beer to the counter, but his friend paid for it. After leaving the store and driving off in their car, they were stopped by a Wheat Ridge Officer and asked for I.D. He then confiscated their beer. They were not asked for I.D. Mr. Autio had been in the store before with friends who had bought beer. Some of then; had shown fake Arizona I.D.'s, but he did not have a fake I.D. Council retired for a fact finding Session. LIQUOR MINUTES: September 10, 1990 Page -3- Mr. Merkl stated that the Authority finds that there are two separate violations stipulated to, one on June 1, 1990 and one on June 2, 1990. The penalty for the first violation is a three-day suspension. The penalty for the second violation is a six-day suspension. The penalties will be served concurrently. License will be surrendered from 8:00 a.m. on September 12 through 8:00 a.m. on September 19, 1990. We require that the licensee take a course from the State of Colorado on Liquor Law within 30 days of this oate. If they do not, the license again will be surrendered to the Clerk; seconded by Mr. Eafanti; carried 8-0. Councilmember Selstao expressed his concerns about the two violations to the owners of the Store. If' there is a subsequent violation the suspension will be far greater than the one tonight. Meeting adjourned at 7:45 p.m. V - Christa Jones, Deputy City Clerk i APPROVEb BY CHAIRMAN OF THE LIQUOR AUTHORITY ON SEPTEMBER 13, 1990 Dan Wilde, Mayor