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HomeMy WebLinkAbout02/17/1998LIQUOR AUTHORITY MINUTES CITY OF WHEAT RIDGE, COLORADO 7500 W. 29th Avenue, Municipal Building February 17, 1998 G-) U m 4(3 0L 0 R ADMayor Cerveny called the Liquor Authority Meeting to order at 8 00 p m Councilmembers present, Don Eafanti, Janelle Shaver, Ken Siler, Ralph Mancinelli, Claudia Worth, Lloyd Donnelly and Teri Dalbec. Jerry DiTullio was absent due to illness Also present; City Clerk, Wanda Sang, City Manager, Robert Middaugh, City Attorney, Gerald Dahl, Attorney Brian Jumps, Chief of Police, Jack Hurst; and staff LOCAL LIQUOR AUTHORITY MATTERS 1) Show Cause Hearing and Liquor License Renewal Hearing for "Pigskins", 10051 1-70 Service Road North, Wheat Ridge, Colorado Mr Dahl stated that he had spoken with the attorney for the applicant and that they would stipulate to two violations, which should shorten the case and bring us to the penalty phase of the matter Tom Dunn, attorney for applicant, and owner and manager of Pigskins, Claire Stehle, were present and admitted that a violation occurred on December 12, 1997 Attorney Brian Jumps, representing the Liquor Authority, stated he had no objection to Mr Dunn's plan of procedure, as long as the City reserved its right to present aggravating circumstances and show its exhibits LIQUOR AUTHORITY MINUTES: February 17, 1998 Page -2- Mr Dunn offered into evidence exhibits 1 through 19 Motion by Mrs Worth that the Authority accept the stipulation of the violation that occurred on December 12, 1997 at Pigskins, of serving liquor after hours to visibly intoxicated persons, seconded by Mr Siler; carried 7-0 Mr Dunn then addressed the stipulations imposed by the City at a previous violations hearing, he referred to the disturbance signs that were in five different locations and showed photographs showing the signs As to the uniforms, they supplied all the employees with shirts of the same color; this didn't work out, so they switched to bright yellow shirts for this year They also have pins saying "Pigskins staff', which are required to be worn Employees monitor the door and the parking lot and they don't have disturbances They are providing training to their employees Additional outside lighting has been installed He then addressed the violation in question, the bartender had stated to another employee that this would be her last night of working there, the employees had exited the bar, but reentered later to party The bartender and waitress were subsequently fired Claire Stehle feels things have changed at her place of business due to her diligence in following all the conditions imposed by Council She asked that Council take into consideration that nothing has happened in the last eight months The doorman at night now watches the employees go in their cars and leave, the alarm company calls her if the alarm is not set by 2 15 a m Mr Dunn asked for a three day suspension and that they be allowed to pay a fine in lieu of suspension He asked that Council reconsider the doorman requirement during the day Mr Jumps, City Attorney, presented the City's Case and submitted into record, Exhibits 1-15 Officer Steven Berkowitz was sworn in and outlined his inspection of Pigskins on February 5, 1998, and noted the following -Could not locate the five "disturbance advisement" signs -Uniforms were not being worn by employees of the bar -No doorman was on duty(afternoon inspection) -Monthly employee meetings were not being held Apparently a meeting is held every three months or so but if there is a big turnover then they have a meeting sooner Officer Berkowitz then spoke of his discussion with Wendy Flemming on the night of the violation December 12, 1997 Officer Berkowitz asked if she knew the liquor laws, she stated that the only law she knew was that only people 21 and older could enter a bar LIQUOR AUTHORITY MINUTES: February 17, 1998 Page -3- Officer Berkowitz stated that Mrs Stehle has not inquired about the classes that the Police Department gives for liquor establishments Mr Dunn followed with questions for Mr Berkowitz and after he was finished Council continued with questions Mr Jumps made statements pointing out the inconsistency made in the reports Mr Dahl encouraged Council to allow Mr Dunn to have the employees testify under oath that they did see the five signs that were posted in Pigskins as required by law Motion by Mrs Worth that the liquor license for RYTY FUTURES INC dba "Pigskins the Ultimate Sports Saloon", 10051 1-70 Service Road North, Wheat Ridge, Colorado be suspended for three consecutive weekends from Thursday through and including Saturday beginning February 19, 1998 for violation of the Liquor Code Section 18-13-122 C R.S serving alcoholic beverages after hours and Section 12-47-901 (1) (a) to visibly intoxicated persons, for the following reasons 1 The owner of the bar has pleaded guilty to the above incidences 2 These incidences are considered serious by this authority 3 The conditions placed on the license by the liquor authority were followed inconsistently from August of 1997 Seconded by Mrs Shaver Mr Siler votes no stating that being closed for three consecutive weekends isn't a fair enough penalty Mr Siler moves to amendment the motion that Pigskins be closed for 14 consecutive days, beginning February 19, 1998 Mr Siler further amends to insure that all of the elements of the order that were made in August 18, 1997 to be continued to be enforced, carried 7- 0 Motion by Mrs Worth that the conditions set by the authority and entered by Wheat Ridge City Council sitting as the authority on August 25, 1997 be included in these finding and the start date of the suspension be from February 19, 1998 at 7 00 a.m through March 4, 1998 until 2 00 a.m Also that the City Attorney be directed to prepare the findings and decision for consideration be at the next regular meeting, seconded by Mr Donnelly; carried 7- 0. Mr Dunn stated that the economic reality in the 14 day closure is that Pigskins will lose approximately $20,000 in gross sales Mr Dunn asks for a fine in lieu of at least some of those suspension days LIQUOR AUTHORITY MINUTES: February 17, 1998 Page -4- Motion by Mrs Dalbec to accept the petition based on condition #2 that the books and records of the license be in place and allow the licensee to pay a fine in lieu of all 14 days suspension Motion died for lack of seconded Motion by Mrs Dalbec that the applicant of the licensee holder be allowed to petition for a fine in lieu of suspension with the stipulation that condition #2 is in place for one week of the suspension, closing for only one week and paying a fine in lieu of the other week; seconded by Mr Eafanti; carried 4- 3 with Mrs Worth and Mrs Shaver and Mr Siler voting no Motion by Mrs Dalbec to reconsider the dates, seconded by Mrs Shaver; carried 5- 2 with Mr Siler and Mrs Worth voting no Motion by Mrs Dalbec that the suspension for RYTY FUTURES INC dba "Pigskins Ultimate Sports Saloon" begin on February 24, 1998 at 7 00 a m end on March 10, 1998 at 2 00 a.m with the week of February 24, 1998 through March 3, 1998 being served, and the week of March 3, 1998 (7 00 a.m ) through March 10, 1998 be considered for the fine in lieu of suspension based on the Condition #3, the books are in order; seconded by Mrs. Shaver; carried 5-2 with Mr Siler and Mrs Worth voting no Motion by Mrs. Worth that the Authority approve the Application for Renewal of the Alcoholic Beverage license for RYTY FUTURES INC dba "Pigskins The Ultimate Sports Saloon" upor the following conditions and as stated in the Show Cause Hearing A. Additional outside lighting be illuminated from dust until 3 15 a.m Seconded by Mrs Dalbec, carried 7-0 License must be turned into the Police Department at 7 00 a m the 24th day of February, 1998 Motion to adjourn, carried 4-0 Wanda Sang, City Clerk