HomeMy WebLinkAbout02/25/1991LIQUOR AUTHORITY MINUTES
CITY OF WHEAT RIDGE, COLORADO
February 25, 1991
The Liquor Authority Meeting in the matter of the alleged violation at
the Rockette Bar was called to order by the Mayor at 6:30 p.m.
Couneiln;embers present: Kent Davis, Tony Flasco, Larry Merkl, Ron
Selstad, Bill Shanley, Phil. Edwards, Elise brougham, and Don Eafanti.
Also present: City Clerk, Wanda Sang; City Attorney, John Hayes.
Alleged violation under Section 12-47-128 (1)(a) of the Colorado Liquor
Regulations.
Officer Steve Thomas of the Wheat Ridge Police Department was present
and sworn in by the Mayor. Officer Thomas explained that on September
47 1990, he responded to a call from a Susan Higgins who advised him
that her father, Raymond Higgins, had taken a taxi to the Rockette bar
and she was concerned because of her f'ather's intoxicated condition and
asked Officer Thomas to check on her father. Officer Thomas called
Officer Lorentz for backup and they proceeded to the Rockette Bar where
they encountered Raymond Higgins, who was known to both of then; because
of previous contacts concerning alcohol. Mr. Higgins, who was visibly
intoxicated, was sitting at the south end of the bar. His head was down
on the bar, his speech was slurred, his eyes were blood-shot, he had a
strong odor of alcohol on his breath. Immediately in front of him was a
full glass, which was later determined to be vodka and water. Next to
this glass, was an empty glass.
He asked the bartender, Susan Cushing, who had served Mr. Higgins this
drink. She replied: "I did". He asked Ms. Cushing why she had served
a visibly intoxicated person and she shrugged her shoulders and replied:
"I didn't know". He took this to mean that she didn't know this person
was intoxicated. He then served Pis. Cushing a summons for serving a
visibly intoxicated patron. He then escorted Mr. Higgins out to the
patrol vehicle. Mr. Higgins was unable to walk by himself due to his
intoxication and Officer Lorentz took Mr. Higgins to the Jefferson
County Detox Center, where his blood alcohol content measured .218,
which is over two times the legal limit in the State of Colorado for
intoxication.
George Mark Graber, 7401 Grandview Avenue, Arvada, attorney representing
Mr. Faris, owner of the Rockette bar, and Ralph Faris, 10712 W. 62nd
Place, Arvada, were sworn in by the Mayor.
Mr. Graber asked questions of Officer Thomas.
LIQUOR HEARING MINUTES: ROCKETTE BAR Page -2-
Susan Cushing, 10251 W. 44th Avenue, #1-106, was sworn in by the Mayor.
She stated that Mr. higgins had spent approximately 20 minutes in the
bar and that he had ordered a double vodka and water. She did not
notice that Mr. Higgins was intoxicated when he ordered the drink, but
when the officer took him out the door, she could tell that he was
intoxicated. Ms. Cushing stated that she had pled guilty in County
Court and was currently on probation. She had received 6 months deferred
judgement.
Raymond Higgins, 5001 Garrison, #2, Wheat Ridge, was sworn in by the
Mayor and answered Council's questions.
Mr. Graber gave summation.
The Authority retired for fact finding session.
Mrs. Brougham stated that the Wheat Ridge Liquor Licensing Authority had
determined the following: A violation of Section 12-47-128 (1)(a) has
been established by the testimony of Officer Thomas and the entry of a
guilty plea by Susan Cushing in Jefferson County Court and they entered
into a deferred judgement based thereon. The license of the Rockette
Bar, Ralph Faris, licensee, is ordered suspended for a period of three
days, with two of the days suspended and the license is ordered to be
surrendered at 8:30 a.m. on Monday, March 4, 1991 and can be picked up
the following morning (Tuesday); seconded by Mr. Davis; carried 7-1 with
Mr. Flasco voting No. Mr. Flasco voted no, because there was very
obviously a violation. The roan was drunk, he was served liquor, he has
a history of other offenses and he disagrees with the deferment of the
license.
Wanda Sang, City-CAY'erk