HomeMy WebLinkAbout06/01/1992LIQUOR AUTHORITY MINUTES
CITY OF WHEAT RIDGE, COLORADO
June 1, 1992
The Liquor Authority Meeting in the matter of the renewal hearing and
show cause hearing for Club Peaches was called to order by chairman
Winger at 5:30 p.m. Liquor Authority members present: Vance Edwards,
Ron Selstad, Elise Brougham, Donald Eafanti, Kent Davis, Tony Flasco,
Phil Edwards and Bill Shanley. Also present: City Clerk, Wanda Sang;
City Attorney, John Hayes; City Administrator, Robert Middaugh; City
Liquor Prosecutor, Rick Gleason.
Also present were the owner of Club Peaches, Mansoor Shawn Shah, and his
attorney, Kevin Wein.
City Attorney John Hayes explained the procedure to be followed for this
hearing.
Vance Edwards stated that he had received an unsolicited phone call
from Mr. Shah; Authority members Phil Edwards, Ron Selstad, Bill
Shanley, Kent Davis, and Don Eafanti also had received phone calls.
Rick Gleason called the City's witnesses:
Linda Quade, Colorado Department of Revenue, 999 18th Street, was sworn
in by the Chairman. Attorney Wein objected to her testifying; Attorney
Hayes overruled the objection. Ms. Quade stated that Club Peaches had
not paid State Taxes, but was currently working with the State to
correct the situation and there was no violation.
William Powell, 7500 W. 29th Avenue, Wheat Ridge, Finance Assistant for
the City, was sworn in by the Chairman and stated that Club Peaches had
not correctly reported City sales tax, but that they had worked out a
repayment schedule and were currently ahead of this schedule.
Jack Hurst, Chief of Police for the City of Wheat Ridge, was sworn in by
the Chairman, gave statistics on problems that occured at Club Peaches
and stated that the problems had lessened during the month of May, after
Peaches had hired off-duty police officers and one police vehicle for
Wednesday nights.
Christa Jones, Deputy City Clerk for the City of Wheat Ridge, was sworn
in by the Mayor and stated that Mr. Shah had told her about having money
from the sale of Wilmore Liquors to pay his taxes owed to the City.
Mr. Gleason had no further witnesses.
Mr. Wein then called
Mansoor Shawn Shah, 7777 W. 38th Avenue, #118, who was sworn in by the
Mayor.
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Mr. Shah stated that in 1990 he gave his ownership in Wilmore Liquors to
his sister, he did not charge her any money for it. Since that time he
has had no financial. interest in Wilmore Liquors. After he sold Wilmore
Liquors he opened up Club Peaches. He has $170,000 invested in Club
Peaches. He always cooperates with the City and the Police Department;
has hired off-duty officers and a police car on Wednesday nights. Has
not had a liquor violation in the last eight months. He has not had a
fight inside the club in the last 8 months. He wants to pay the state
sales tax but has never been notified to pay even though he has gone
there and offered to pay.
Mr. Wein entered Exhibit 1 into the record, which is a lease assignment
dated February 19. 1990, wherein the Wilmore Liquor lease is assigned to
Mr. Shah's sister.
Exhibit 2 is an Affidavit wherein Mr. Shah transfers 100% of his share
in Wilmore Liquors to his sister.
Exhibit 3 is a Transfer of Ownership Memo from the City of Wheat Ridge.
Exhibit 4 is a petition for issuance of a liquor license circulated by
Mr. Shah and signed on May 29, 1992.
Terry Carver, 6735 W. 31st Avenue, was sworn in by the Mayor. Her
husband owns an apartment building directly behind Peaches and she is
the manager. Tenants have complained about noise from the music and in
the parking lot; it is hard to keep nice tenants; she took a petition
around the neighborhood and got almost 80 signatures to not renew the
Club's liquor license; people she talked to were concerned about so many
problems at this establishment and people coming into the neighborhood
after hours; concern for property value.
Her petition was marked Exhibit AA.
Mazhar Shah was sworn in by the Mayor; she is Mr. Shah's sister; she
stated that in 1990 her brother sold her Wilmore Liquors, but she didn't
have to pay any money. In 1992 she sold Wilmore Liquors and did not
give her brother any of the proceeds.
Sandra Peperschmidt, was sworn in by the Mayor; she purchased the dry
cleaners next door to Peaches and wants to see the Club stay in
business to have activity in the parking lot. She has never heard any
noise from the Club.
Steve Balog, 3830 Otis St., was sworn in by the Mayor; he has gone to
Peaches about twice a week since 1990 and has seen very little in the
way of incidents taking place and the few he has seen have been limited
to the parking lot.
Rick Bueno, 3830 Otis St., was sworn in by the Mayor. He has never had
any problems at this bar and wants it to remain open.
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Page -3-
Jerry Alexander, was sworn in by the Mayor; he works at Club Peaches as
a bouncer. Anybody that is caught fighting is not allowed back in the
bar; all the bouncers go in the parking lot after the bar is closed and
help the police.
Rick Gleason and Kevin Wein gave their closing statements.
The Authority retired for a fact finding.
Motion by Mr. Shanley that we renew the license and approve that renewal
under the condition that the current security continue as part of the
license, which includes either the off-duty policemen or a separate
security force of some type to maintain control over the facility;
seconded by Mr. Davis.
Mr. Flasco asked to amend the motion that security continue 24 hours a
day, seven days a week if necessary, not at the current rate of just two
officers on Wednesday. Amendment died for lack of second.
Phil Edwards asked that this be uniformed security.
Mr. Flasco will. vote against this motion. This establishment is
definitely a hazard to the health, safety and welfare of the citizens of
Wheat Ridge, particularly to the Police Department. The volunteer fire
department also has had to endanger their lives.
Vance Edwards will vote against this. The Police Chief has said it
should not be renewed; it is injurious to the health, safety and welfare
of the citizens of Wheat Ridge and he will not turn around and tell the
Police Chief he has a greater knowledge of the situation than the Chief.
We need to make certain that our police force is not overwhelmed with
Club Peaches.
Motion carried 5-3 with Authority members Vance Edwards, Brougham, and
Flasco voting no.
Wanda Sang, City C1_ k