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Home My WebLink About01/22/1997LIQUOR AUTHORITY MINUTES CITY OF WHEAT RIDGE, COLORADO 7500 W. 29th Avenue, Municipal Building January 22, 1997 F WHE j T Al O ,per ~ o U tC-)Tl c0~ OR AS)O Mayor Wilde called meeting to order at 6 00 p m Councilmembers present Jerry DiTullio, Jean Fields, Don Eafanti, Janelle Shaver, Ken Siler, Tony Solano, Claudia Worth and Teri Dalbec Also present; City Clerk, Wanda Sang, City Manager, Robert Middaugh and City Attorney, Gerald Dahl. LOCAL LIQUOR AUTHORITY HEARING Case 1. Port 44, Inc d/b/a Horseshoe Bar & Grill 4400 Ward Road Wheat Ridge, CO Chief Hurst opened the case and asked if there were representatives from Horseshoe Bar & Grill present at the meeting. Horseshoe Bar & Grill had no representatives present. Chief Hurst called Sergeant Dave Pickett. Both Chief Hurst and Sergeant Pickett were sworn in. Sergeant Pickett found that the current owner was operating a bar without a State or City license. Corporate changes were made without notification to the State or City On July 8, 1995 the City received notification that Clara Grover(65%) and Michael Brozovich(35%) were co-owners of the bar, which was the last liquor license issued from the City and the State of Colorado. On an unknown date Michael Brozovich bought out Clara Grover and became 100% owner of the bar and notification of this change was not submitted to the City or the State as required by Colorado liquor law. In January 1996, Zolla R. Johnson obtained 99% interest in the Horseshoe Bar & Grill Again there were no notifications submitted on this change The second situation is in violation of Colorado Liquor Law, only $500 00 worth of alcohol can be purchased by any licensed establishment that serves liquor by the drink for on premise consumption from any retail outlet. Sergeant Pickett outlined violations of Horseshoe Bar & Grill at retail outlets. LIQUOR AUTHORITY MINUTES: January 22, 1997 Page -2- The third situation is in violation of Colorado Liquor Law, which requires that any licensed establishment make all records available for law enforcement preview during regular business hours. Sergeant Pickett outlined this violation by Horseshoe Bar & Grill The forth situation is in regards to a requirement by the Liquor Law for establishments to follow normal rules and maintain proper business practices. Horseshoe Bar & Grill's September Tax check had bounced with no payment for October, November and no payment excepted for December. The fifth situation has to do with bar being a source of police activity. Sergeant Pickett outlined various liquor violations under this law that have occurred Authority questioned and reviewed Exhibits 1-6 with Sergeant Pickett. Chief Hurst recommended that the Authority revoke the liquor license based on testimony. PENALTY PHASE Motion by Mrs. Worth that the summary suspension on January 13, 1997 be confirmed as of January 22, 1997, and that as of January 22, 1997 the license for the Port 44, Inc d/b/a Horseshoe Bar & Grill, be revoked and a written summary of the findings and conditions be presented to the City Council at the next regular meeting. Mrs Worth further moved that an evaluation be presented from the Police Department and Mr. Dahl of any further action that this Authority can take on this matter; seconded by Mr. Solano; carried 8-0. Case 2. Valley Liquors - Show Cause Hearing 4992 Ward Road Wheat Ridge, CO Alcoholic Beverage License issued to Yong Nam Woo d/b/a Valley Liquors Chief Hurst presented the case and outlined three separate liquor violations occurring on 12/13/96 at three different times between the hours of 9*15pm and 10:42 pm. Violation 12-47-128 (1)(a) Selling of Alcohol to persons Under 21 years of age. Chief Hurst distributed exhibits and called Officer Trent Cooper who was sworn in Officer Cooper explained the surveillance that took place on 12/13/96 which involved selling alcohol to three minors (separate cases) between 9:15 pm and 10 42 pm Robert Dill, Attorney representing Valley Liquor, was sworn in and stated that they did not LIQUOR AUTHORITY MINUTES: January 22, 1997 Page -3- dispute that 3 minors purchased alcohol on 12/13/96, but that the issue was whether or not those minors used false I.D's. Mr. Dill asked to continue the case for further hearing and filed an Amended Motion to continue the case Mr. Dahl, City Attorney, asked the Liquor Authority to take up the issue of the Amended Motion and continue after they have heard all of the testimony witnesses that are available tonight. Mr. Dill questioned Officer Cooper about asking the 3 minors if they had false I D.'s, Officer Cooper replied that he did not; Mr Dill continued to ask Officer Cooper about the Sting Operation on August 31, 1996. Authority noted Exhibit #3, Violation on 4/14/95 Authority questioned Officer Cooper about the 12/13/96 surveillance. City called Jason Cain, 13551 W. 65th Ave., DOB 4/7/77, who was sworn in. Mr. Cain declined to answer questions, but did admit that he purchased alcohol on 12/13/96 and has been to court regarding the charge. City called Zachary Fischer, 10937 West 63rd Place, DOB 5/7/78, who was sworn in and was represented by Scott Busser, Attorney. Mr. Fischer declined to answer questions, but did mention that he had been to court regarding the charge of alcohol possession by a minor. City called Brian Johnson, 11974 West 71st Place, DOB 4/11/79, who was sworn in and stated that he purchased alcohol at Valley Liquors on 12/13/96 and stated that he has purchased alcohol at Valley Liquors prior to 12/13/96 and stated that he was never asked by Valley Liquors to show Identification Mr Johnson stated that he does not have a false I D. Mr. Dill questioned Mr. Johnson and asked if he ever has used his brother's identification Mr. Johnson said he has not. Mr. Dill continued questioning. City rests with the right to recall Mr Johnson Mr Dill proceeded to present Valley Liquors case and asked for Amended Motion to continue case Motion by Mr. Solano not to continue the hearing; seconded by Mrs Worth. Motion by Mrs. Dalbec to amend motion to hear the remaining testimony and then decide to continue or not; seconded by Mr Siler; carried 5-3 with Mr DiTullio, Mrs. Worth and Mr LIQUOR AUTHORITY MINUTES: January 22, 1997 Page -4- Solano voting no. Vote on original motion to continue after the testimony at the end of the night before adjournment for the night; carried 6-2 with Mr. DiTullio and Mr Solano voting no. Mr Dill called Yong Mi Kim, who was sworn in Mr. Dill continued questioning and produced and distributed Defense Exhibits Chief Hurst questioned witness, followed by questioning by the Authority. Mr. Dill called Chang Woo who was with an interpreter Mr. No. Mr Woo was sworn in and questioned by Mr. Dill City questioned witness Mr. Dill called Max Scott, Private Investigator for Valley Liquor, who was sworn in and questioned City questioned witness. Motion by Mrs Dalbec to not continue this hearing and make a decision this evening, seconded by Mr. Solano, carried 6-2 with Mr. Siler and Mrs. Fields voting no. Closing Arguments were presented to the Authority by both Chief Hurst and Mr. Dill. Motion by Mrs. Worth in the case of Valley Liquors that on December 13, 1996 there was indeed a liquor violation and the testimony has indicated that liquor was sold to minors on three different occasions on that date; seconded by Mrs. Dalbec, carried 7-1 with Mrs. Fields voting no. PENALTY PHASE Motion by Mrs. Worth to suspend the liquor license for Valley Liquors issued to Mr and Mrs. Woo for six months, and further moved that the Authority suspend 5 months of the 6 months, so their license will be suspended for 1 month, and further moved that these conditions need to be met: 1. The drive up window be closed and not used. 2 The camera be moved to a position so that it takes pictures of the customers and the I D and show the camera as they check I.D.'s. 3 Any violation of the liquor code and the 6 months suspension will take effect. 4 Mr. Woo not be allowed to sell liquor in this store Added condition by Mrs. Dalbec that: 5 The persons working in the store attend some form of update on the liquor code. Mrs. Worth further moved: LIQUOR AUTHORITY MINUTES: January 22, 1997 Page -5- 6. The city attorney bring in written findings for Authority to ratify by January 27, 1997. Mr Siler moved to amend No 4 above to. Mr Woo cannot work at the cash register for a period of three years if he manages the store and does other work in the store if there is a violation of selling liquors to under age persons that he never run a cash register for the rest of his time that he owns the store. Mrs Worth stated that the 6 months will take care of this violation, if there is another violation then the Authority takes care of that violation then Motion to amend by Mr. Solano that Mr. Woo not be allowed to work behind the cash register selling liquor under this license, seconded by Mr. DiTullio, carried 6-2 with Mr Siler and Mrs. Shaver voting no Original Motion with Amendment carried 7-1 with Mr. Siler voting no Meeting adjourned at 11.45 p.m. e i r rvLiL'L,. G~-r Wanda Sang, City GQR