HomeMy WebLinkAbout06/26/1995LIQUOR AUTHORITY MINUTES
CITY OF WHEAT RIDGE, COLORADO
June 26, 1995
The Liquor Authority Meeting in the matter of the hearing on the
petition for fine in lieu of suspension for Woo, Yong Nam, dba
"Valley Liquors", 4992 Ward Road, Wheat Ridge, was called to
order by chairman Wilde at 6:45 p.m. Liquor Authority members
present: Rae Jean Behm, Teri Dalbec, Don Eafanti was hooked up
by telephone, Vance Edwards, Jean Fields, Ken Siler, Tony Solano,
and Claudia Worth. Also present: City Clerk, Wanda Sang; City
Administrator, Robert Middaugh; Chief of Police, Jack Hurst; City
Attorney, Gerald Dahl.
Chief Hurst stated that the Police Department had nothing further
to add to their case from June 12, 1995 and that this was
strictly a hearing for fine in lieu of suspension.
City Clerk, Wanda Sang, explained that she had only this
afternoon received a fax from Mr. Dill, showing sales receipts
for Valley Liquors. She was not given an opportunity to examine
the sales records for herself and had not seen the originals,
therefore, she could not say for certain if these records were
indeed accurate.
Robert Dill, attorney, appearing on behalf of Valley Liquor, was
sworn in by the Chair; he apologized for not having the records
delivered sooner to the City. The records he submitted are the
bookkeeping reports for the month of April and these are the same
sales reports that are used to pay the City Sales Tax. He then
explained how he had arrived at the average figure of $568 per
day and therefore the penalty, if the Authority accepts it,
should be $113.60 per day.
Motion by Mr. Edwards that the findings set out in the memorandum
from Mr. Dahl be approved at this time and he will read them off
point by point.
1. The Authority has caused such investigation to be conducted
as it deems desirable.
2. The public welfare and morals would not be impaired by
permitting the retail licensee to operate during the period set
for suspension and the payment of a fine will achieve the desired
disciplinary purposes: this will be noted as yes.
3. The books and records of the retail licensee are kept in such
a manner that the loss of sales of alcoholic beverages which the
retail licensee would have suffered had the suspension gone into
effect can be determined with reasonable accuracy therefrom: yes.
LIQUOR AUTHORITY MINUTES: June 26, 1995 Page -2-
4. The retail licensee has not had its license suspended or
revoked, nor had any suspension stayed by payment of a fine,
during the two years immediately preceding the date of the motion
or complaint which has resulted in a final decision to suspend
the retail license: yes.
5. A fine shall be accepted in lieu of the suspension of the
license from July 15, 1995 to and including July 18, 1995: yes.
6. If a fine is accepted, it shall be equal to twenty percent
(20%) of the retail licensee's estimated gross revenues from
sales of alcoholic beverages during the identified period of the
proposed suspension, provided, however, that the fine shall be
not less than $200.00 nor more than $5,000.00.
7. If a fine is accepted, it shall be in the form of cash or
certified check, and upon payment, the suspension for the
identified period shall be permanently stayed. Any portion of
the suspension which is not identified in paragraph 5 hereof
shall be served;
seconded by Mrs. Behm.
Mrs. Worth will vote against this because serving liquor to
minors is a serious offense and she would prefer the suspension
to be 7 days.
Motion carried 5-3 with Councilmembers Solano, Worth, and Fields
voting no.
Motion by Mr. Edwards to adjourn; seconded by Mrs. Behm; carried
8-0.
Meeting adjourned at 7:00 p.m.
Wanda Sang, City Cle'xk