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HomeMy WebLinkAbout10/28/1991LIQUOR AUTHORITY MINUTES CITY OF' WHEAT RIDGE, COLORADO October 28, 1991 The Liquor Authority Meeting in the matter of the alleged violations at "Club Peaches" was called to order by the Mayor at 6:00 p.m. Couneilmembers present: Kent Davis, Tony F'lasco, Larry Merkl, Elise Brougham, Don Eafanti, Phil Edwards, and Bill Shanley. Ron Selstad arrived at 6:34 p.m. Also present: City Clerk, Wanda Sang; City Attorney, John Hayes; Chief of Police, Jack Hurst; Detective, Leonard Martin. Licensee, Mansoor Shawn Shah and his attorney, Mr. Kevin Wein, were present. Mr. Wein reiterated for the record that he contacted the Mayor's office to ask for a continuance and that it was rejected. He then asked again for a continuance. Mr. Shanley stated that not all members were contacted; however, 5 Councilmembers were contacted regarding a continuance and that request was denied. Mr. Wein stated that he was contacted initially by Mr. Shawn on Wednesday and did not have the time needed for a proper defense. Mr. Shawn was served on October 17, 1991. Motion by Mr. Shanley to have a continuance. Motion died for a lack of second. Officer Leonard Martin was sworn in by the Chairman. He presented the City's case against Peaches and showed a video as evidence. Officer Martin called up Daniel Chacon and Mr. Chacon, residing at 711 Merlin., Lafeyette, was sworn in by the Chairman. Mr. Chacon testified that he was outside Club Peaches with a mixed drink in his hard. Mr. Wein cross-examined Mr. Chacon. Mr. Edwards questioned Officer Martin as to whether anyone in authority was served notice of this infraction of the law, and Officer Martin answered yes. Officer Jeff Hoyne of the Wheat Ridge Police Department was sworn in by the Chairman, he presented his case regarding incidents that occurred on September 5. Mr. Wein cross-examined Officer Hoyne. Officer Martin introduced as exhibits the summons issued by Of'f.icer Boyne on Daniel. Chacon, as Exhibit A, and the summons issued to Jessica LaRio, as Exhibit B. Officer Martin called Officer David Piermattei of the Wheat Ridge Police Department. Ufficer Piermattei was sworn in by the Chairman and testified about an incident that occurred on October 10. He observed Jacqueline Vigil walking out of Club Peaches with a beer. Mr. Weir cross-examined Officer Piermattei. PEACHES MINUTES: October 28, 1991 Page -2- Of Martin called Jacqueline Vigil, who resides at 3595 West Exposition Drive, Denver, Colorado and was sworn in by the Chairman. Ms. Vigil testified that she left Club Peaches with an alcoholic beverage. Mr. Wein cross-examined Ms. Vigil. Officer Martin entered in as Exhibit C, a copy of the summons on Jacqueline Vigil. Officer David Sellers from the Wheat Ridge Police Department was sworn in by the Chairman. Officer Sellers testified about a physical disturbance that occurred on June 13, 1991 in the parking lot of Club Peaches. Both men were handcuffed and arrested and charged with disorderly conduct. Mr. Wein cross-examined Officer Sellers. Mr. Edwards asked Officer Sellers if Club Peaches was notified of a possible violation against their liquor license regarding this offense. Officer Sellers stated that Club Peaches was not notified in writing, as the owner of the Club was in the parking lot at the time and witnessed the incident along with two of his employees. Ms. Brougham asked Mr. Hayes whether the parking lot is considered part of the premises. Mr. Hayes responded that ordinarily, a licensed premises is wherever they are licensed to sell liquor. Mir. Wein stated that the parking lot is not considered part of the premises. Officer Martin entered as Exhibit D, Officer Seller's report and copy of citation.. Officer Todd Youngblood from the Wheat Ridge Police Department was sworn in by the Chairman and testified about two incidents. The first one occurred on June 13, 1991 regarding a bar fight between two female patrons who were intoxicated. They were issued summonses for disorderly conduct. The second incident occurred on August 28, 1991. He was told to respond to St. Anthony's Central to meet a victim of a gunshot wound that occurred at Club Peaches. The victim's name was Jerry Sailas, 19 years old, and was wounded by his own weapon accidentally discharging. He was charged with discharging a firearm, carrying a concealed deadly weapon, and carrying a weapon where intoxicants are sold. Mr. Wein cross-examined Officer Youngblood. Mr. Jerry Sailas, residing at 158 S. Irving, Denver, testified that he consumed alcoholic beverages at Club Peaches, went out to get a weapon and returned to the bar and the weapon discharged in the bar. Mr. Wein cross-examined Mr. Sailas. Officer Martin introduced as Exhibit F, a copy of the summons and report concerning Stacy Roberts, and Exhibit F, as a copy of the summons and report of Jerry Sailas. Officer Youngblood said there was no charge filed regarding selling liquor to someone under the age of 21. PEACHES MINUTES: October 28, 1991 Page -3- Lt. Jack Chism with the Wheat Ridge Police Department was sworn in by the Chairman and testified about Mr. Sailas shooting himself and that he found the bullet around the sink area in the rest room. Mr. Richard Linder, a former employee of Club Peaches, residing at 4335 Zenobia, was sworn in. Mr. Linder was asked about an incident that occurred on August 1st with a Mr. Garcia. Mr. Linder stated he did not know a Mr. Garcia, nor was he aware of an incident on August 1st. Mr. Josepeh Gonzales, residing at 1368 Xavier Street, was sworn in. Mr. Gonzales testified that he got into a fist fight at Club Peaches on August 8, tried walking away after the fight, and one of the doormen tackled him to the ground. His I.U. was then taken away, and was taken back into the bar and held there until the police arrived. Mr. Wein cross-examined. Officer Martin introduced Exhibit G, a copy of the court papers and summons issued to Joe Gonzales. Mr. Mark Brown from the Colorado Liquor Enforcement was sworn in. Mr. Brown testified that on October 9, he was at Club Peaches to investigate allegations that there was no food available. He asked a waitress if' there was any food, and she said no. Mr. Wein cross-examined Mr. Brow as to why he was at the bar, and Mr. Brown stated that he was there due to a request by Investigator Gordon Walker. Officer Martin tried to introduce Exhibit H, which was a report by Mark Brow. Mr. Wein objected, as the report covered more than just the complaint of no food. The objection was sustained and Exhibit H could not be used. Mr. Richard Linder was recalled to the stand. Mr. Linder testified that during his employment at Club Peaches, no food was ever served. Mr. Wein asked if he might be predjudiced against the bar, as he was terminated from employment. Mr. Linder said that he was telling the truth. Mr. Mike Hesn.er, residing at 4040 Yarrow Street, was sworn in. Mr. Hesner testified that he lives in the immediate area of Club Peaches. Mr. Wein objected, on the grounds that there was nothing in the report concerning this witness. Objection was sustained. Mr. Gordon Walker, investigator for the Colorado State Liquor Enforce- ment Division, was sworn in. Officer Martin asked Mr. Walker to define "Licensed Premises". Mr. Wein objected on grounds that Mr. Walker has no expertise to make this definition. Objection overruled. Mr. Walker stated that if there is a connection between something that starts inside a licensed establishment and filters out into the lot, then that can be considered a part of the establishment. Mr. Wein cross examined. Mr. Davis asked Mr. Walker how many complaints Mr. Walker received on Club Peaches, and Mr. Walker mentioned several, including one from Mr. Richard Linder. PEACHES MINUTES: October 28, 1991 Page -4- Officer Martin introduced Exhibit I, as evid was played at the beginning of the hearing. grounds that he did not know what was on the would be prejudicial to his client. Officer tape on only portions that were shown during overruled. ence, the video tape that Mr. Wein objected on the entire tape, and felt it Martin offered to edit the the hearing. Objection was Lt. Samuel Wade Hammond of the Wheat Ridge Police Department testified about the undercover operation on October 9. he observed Mr. Chacon drinking liquor in the parking lot. Mr. Chacon admitted he walked out of the bar with this drink. Lt. Hammond notified Mr. Shah of this incident. Lt. Hammond began testimony on the over-crowding in the bar. At this point, Mr. Wein objected, as there was no mention in the notice of over-crowding. Objection sustained. Lt. Hammond also testified that he was in the kitchen and did not see any food at that time. Mr. Wein cross examined Lt. Hammond about his statement that he did not see any food. Lt. Hammond admitted that he did not open all the cabinets and that perhaps there was some food on the premises. Officer Martin summarized his case against Club Peaches. Mr. Wein asked Officer Martin what efforts he made to work with Mr. Shah. Officer Martin stated that meetings were held between Mr. Shah, members of the Police Department and members of Property Management. Mr. Mansoor Shawn Shah, 7777 W. 38th Avenue, was sworn in. Mr. Wein questioned Mr. Shah as to whether the Police Chief' or Officer Brown made any suggestions to Mr. Shah regarding the improvement of security at Club Peaches. Mr. Shah confirmed this, stating that he needed to watch his parking lot, have more people at the door, and have more people watching the occupants and their drinking. Mr. Shah explained how he implemented these suggestions, and that he had never refused any suggestions that were made to him. Mr. Weir. asked whether Mr. Shah serves food at the Club. Mr. Shah responded that he serves snacks and sandwiches, supplied by Deli Dan. Mr. Shah stated that there are approximately 1000 people that go in and out of the bar on Wednesday nights and that there are about 200 people standing in line to get in. He stated that he does not allow fighting in the bar, and that for the past 3 months, there were no fights with the exception of one, which he called the police. Mr. Shah testified that 3 or 4 people check I.D.'s at the door and that these people stay at the door the entire night. Mr. Wein asked if there were any disturbances in the parking lot, whether Mir. Shah tries to stop them. Mr. Shah answered yes. Mr. Flasco asked Mr. Shah how many people were in the bar on October 9, and he answered 370. Mr. Shah stated that he believed the maximum number of occupants allowed was 350, but that his file was never completed and he was not sure of that number. PEACHES MINUTES: October 28, 1991 Page -5- Mr. Davis asked Mr. Shah whether he had requested a course on the liquor code. Mr. Shah said that he had, but was told it was not available. Mr. Davis said that Mr. Shah should have known, since he was told that this course is available whenever he wants. - Ms. Brougham asked Mr. Shah who told him that this course was not available. Mr. Shah said that he asked the police department and the City Clerk's office. The Mayor clarified to Mr. Shah that the course Mr. Davis referred to was not through the police, but rather is the course that is offered through the City Clerk's office. This course is available at his request. Mr. Lester Knodel, address inaudiable, was sworn in and questioned by Mr. Wein. Mr. Knodel is employed at Club Peaches as the head bouncer. Mr. Knodel testified that on October 9, Mr. Walker came in and started checking patrons' I.D.'s. There were approximately 25 people from various law enforcement divisions at the Club. Mr. Shanley asked Mr. Knodel about the two people who walked out of the bar holding drinks. Mr. Knodel stated that everyone was in a hurry to get out of the bar, as the police ordered the patrons to do so. The police were standing outside when they approached the two people in question about their drinks. Mr. Shanley also asked Mr. Knodel whether food is served. Mr. Knodel answered yes, but that he has never sold any food to anyone. Lt. Hammond was recalled for further testimony. Lt. Hammond stated that the bar was closed down based on his orders after calling and consulting with the Fire Chief', Mike Davidson. This was due to the fact that the bar was so over-crowded that they had to force their way in. This was in direct violation of the fire code. Also, of the four fire exits, two were locked, one was obstructed, and the main exit was congested due to people going in and out. Three of the four lighted exit signs were burned out. Based on this, Lt. Hammond ordered the bar shut down. he asked the disc jockey to announce the closure. Lt. Saba stood by the door and told Lt. Hammond that he counted 625 people exit the bar. Mr. Wein cross-examined. Mr. Kirk Larson, from the Wheat Ridge Fire Department, was sworn in. Mr. Larson testified that on October 9, there were locked exit doors, exit doors not lit, the electrical panel boxes did not meet code, a plant was in front of' one of the exit doors, and the number of people way exceeded the number allowed in the bar. Mr. Wein cross-examined. Mir. Larson stated that he stopped counting the number of people inside the bar at 400. Lt. Chism was recalled to testify. He stated that on October 2, the police were called regarding two women fighting. When they arrived, there were four separate incidents involving 15 women fighting. Mr. Wein objected, based on the fact that this has nothing to do with the two worsen mentioned earlier. Objection sustained. Lt. Chism also mentioned the meeting that had taken place with Mr. Shah at the Police Department. They had reports of under-aged drinkers and Mr. Shah was told how to handle this sitation. There was another incident in August which the fire department was called in due to over-occupancy. Mr. Shah was warred in March of this infraction and again in August by Lt. Chism and the Fire Department Chief, Mike Davidson. Mr. Wein cross-examined. PEACHES MINUTES: OCTOBER 28, 1991 Page -6- Officer Martin summarized, and introduced as Exhibit J, the report that Lt. Hammond testified to. Mr. Wein objected to one segment of Lt. Hammond's report, based on the fact that it deals with an issue that is not subject to the notice of hearing. It was agreed by Council that only the information appearing on the notice of hearing would be allowed. Mr. Wein gave his closing statements. Mr. Shanley moved that it is the determination of the Liquor Licensing Authority that the Class T liquor license of Shah Monsoor Shawn, dba Club Peaches, 7777 W. 38th Avenue, Unit N 11b, Wheat Ridge, Colorado, will be suspended for a period of 15 days, commencing 10129191 and terminating on November 12, 1991. He is allowed to pick up his liquor license at 0:30 AM on November 13, 1991. Seconded by Mr. Davis. Motion carried 8-0. Mr. Wein asked whether a stay of 10 days can be granted so that he and his client can confer as to whether they want to pursue this case in District Court. Mr. Shanley moved that a stay of 7 days be granted, ending one week from tomorrow morning. Seconded by Mr. Davis. Motion carried 5-3 with Mr. Merkl, Mr. Flasco, and Ms. Brougham voting no. Mayor Wilde stated that those dates be moved forward by exactly one week, the dates now being November 5th thru the 18th. The license can be picked up on November 19, 1991 at 8:30 AM. i~ Wanda Sang, City Clerk