HomeMy WebLinkAbout03/08/1993LIQUOR AUTHORITY MINUTES
CITY OF WHEAT RIDGE, COLORADO
March 8. 1993
The Liquor Authority Meeting in the matter of the show cause hearing for
Prk-N-Pik Liquors was called to order by chairman Winger at 6:30 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; Officer Charles Gallegos.
Dan Carr, attorney, representing Prk-N-Pik was present.
John Hayes explained that this matter had been continued from February
22, because a proposed arrangement was being discussed to be presentel
to the Authority for their approval. The arrangement discussed was the
proposal that if the Authority would approve a 10 day fine in lieu of
suspension in this matter, the licensee will not contest this matter and
will in fact pay the fine. If the Authority is not amenable to that
arrangement, it is their desire to proceed with the hearing.
Motion by Mr. Shanley that we accept the offer by Prk-N-Pik for a 10-day
fine; seconded by Mr. Eafanti; carried 5-3 with Councilmembers Flasco,
Vance Edwards, and Mrs. Brougham voting no.
Wanda Sang, City Clerk
LIQUOR AUTHORITY MINUTES
CITY OF WHEAT RIDGE. COLORADO
March 8, 1993
The Liquor Authority Meeting in the matter of the show cause hearing for
Club Peaches was called to order by chairman Winger at 6:30 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; Chief of Police, Jack Hurst; Detective
Dave Piermattei.
Chief Hurst stated that he had asked Detective Piermattei to give the
City's presentation of the liquor violations to the Authority.
Detective Piermattei, Wheat Ridge Police Department, was sworn in by
the Mayor and explained that on December 30, 1992, Sgt. Jay Gray,
Officer Ellis, and Detective Piermattei went to Club Peaches to conduct
a compliance check of the bar. They observed seven exterior signs in
the window of the bar advertising various brands of beer. Upon entering
the establishment they explained to the bartender, Sean Jones, their
purpose of being there and he was cooperative. Out of the seven signs
of beer advertised, four of the beers were not dispensed on draft and in
sealed containers, which is a requirement of the liquor code. When
asked about sandwiches and light snacks on hand, Mr. Jones showed three
bags of pretzels, but couldn't produce any sandwiches, which is a
requirement of the Tavern license held by Club Peaches. Several other
violations were noted, but no action was taken. Mr. Shah, the owner of
Club Peaches, was subsequently cited for these two violations under
Sections 12-47-130(1)(a) and 12-47-128(5)(j).
Kevin Wein, attorney for Club Peaches, 5105 DTC Parkway, Englewood, was
sworn in by the Mayor and asked questions of Detective Piermattei.
Mansoor Shawn Shah, 7777 W. 38th Avenue, owner of Club Peaches, was
sworn in by the Mayor and answered questions.
Motion by Mr. Shanley to retire for a fact finding; seconded by Mr.
Eafanti; carried 8-0.
After the fact finding, Mr. Shanley stated that the Authority has found
that Mr. Shah is not guilty of violation of Section 12-47(128(5)(j), but
guilty of Section 12-47-199.5 - no sandwiches.
Motion by Mr. Shanley to suspend the liquor license for Club Peaches for
30 days, starting tomorrow morning, and ask that Mr. Shah be at the
Clerk's Office at 8:30 a.m. and surrender both State and City Liquor
licenses.
Motion by Mr. Selstad for an amendment, that if there is a transfer of
ownership, we re-conduct the survey; seconded by Mr. Davis.
LIQUOR AUTHORITY MINUTES: March 8, 1993 Page -2-
Mr. Flasco will vote for the amendment but against the 30 days
suspension. He feels that 30 days is not nearly severe enough. The
City of Wheat Ridge has spent a lot of money because of Peaches, they
have had many violations.
Vance Edwards concurs with Mr. Flasco, he feels we should revoke the
license. Club Peaches should be closed.
City Attorney stated that according to the State Liquor law it would not
be an appropriate motion to order a survey. Mr. Selstad withdrew the
amendment.
Original Motion failed 4-4 with Councilmembers Sel.stad, Flasco, Vance
Edwards and Brougham voting no. Mayor Winger broke the tie by voting
yes. Motion carried 5-4.
Wanda Sang, City Cler-k