The URL can be used to link to this page

Home My WebLink About11/12/1998LIQUOR AUTHORITY MINUTES CITY OF WHEAT RIDGE, COLORADO 7500 W. 29th Avenue, Municipal Building November 12, 1998 Chairperson Wilde called the meeting to order at 9 05 a m Liquor Authority members present: Dan Wilde, Frank Sanzalone, Harry Williams, Kent Davis, George Langdon, Judith DiCroce Members absent were Rocco Gioso and Mark Roberts Also present: Deputy City Clerk, Christa Jones, Chief of Police, Jack Hurst; and City Attorney, Gerald Dahl LOCAL LIQUOR AUTHORITY MEETING O ~ 1P O U M Poo k OR Item 1. Show Cause Hearing for "El Mexicano Parilla Bar", 4105 Wadsworth Blvd , Wheat Ridge, CO Notice of Show Cause Hearing was mailed to the Licensee on October 13, 1998, on liquor violation Section 12-47-901(1)(a) Chief Hurst was sworn in by the Chair and opened the hearing by outlining the violation City Attorney, Gerald Dahl continued the hearing and questioned Officers Berkowitz and Cunningham who were both sworn in by the Chair and testified to their incident reports Leo Zuckerman, Attorney for the Licensee, asked that the case be dismissed because Mr Sotenlojuardo was not served alcohol but took the beers from the tables Chair Wilde denied Mr Zuckerman's request. Albert Galindo, Bartender at El Mexicano, was present and sworn in by the Chair and gave statement. Evidence presented at the hearing, Patron Jose Sotelojuardo emerged from the premises drinking a bottle of beer Mr Sotelojuardo had three partially filled/opened bottles of beer in his jacket and was having trouble talking and standing with a strong odor of alcohol on his breath, and stated that he bought the beers in the bar Mr Sotelojuardo's blood alcohol level was 313 Officer Cunningham arrived and interviewed the bartender, Albert Galindo Mr Galindo stated that he did not sell the beers to Mr Sotelojuardo and that he must have taken the beers from the tables Mr Sotelojuardo was present at the bar at 12 30 a m on August 31, 1998, visibly intoxicated and either purchased, was served, given or was allowed to procure alcoholic beverages Gerald Dahl and Leo Zuckerman both gave closing statements LIQUOR AUTHORITY MINUTES: November 12 and 17, 1998 Page -2- Motion by Mrs DiCroce that there is a violation of the Liquor Law -12-47-901-(1)(a)- for the Authority to vote on, seconded by Mr Langdon, carried 6-0. Mr Zuckerman asked for written findings to appeal this matter to the court. Motion by Mr Davis that the license issued to El Mexicano Bar be suspended for a period of 3 consecutive days, and because there was some attempt not to serve an intoxicated person that one of the three days be waived for a total of two days Dates to be November 19, 20 and 21, 1998, waiving November 19, 1998 License suspended November 20, 1998 at 8 00 a m to Sunday November 22, 1998 at 2:00 a m , and Mr Dahl will prepare written findings for the Authority to review November 17, 1998 at 9 00 a m , seconded by Mr Wilde, carried 6-0. Item 2. Show Cause Hearing for Pigskins Sports Saloon, 10051 North 1-70 Service Road, Wheat Ridge, CO Chief Hurst opened the hearing and stated the violations, 1) 12-47-901 and 2) Municipal Code Section 11-54 Gerald Dahl introduced the Notice of Show Cause Hearing, dated October 13, 1998, into record Colleen McGuire, Police Officer, was sworn in and testified to her police report. Gary Stehle, husband of the owner of Pigskins, was present on behalf of Pigskin's Evidence presented at the hearing August 23, 1998, Officer McGuire responded to the bar on a report of child abuse occurring in the bar by a couple who were highly intoxicated Patron, Anita McDaniel had slurred speech, difficulty standing up, blood shot eyes and acting very irrational asking the same question over and over and was very uncooperative with the police When the police arrived the beer was still in front of the patrons Police Department learned of this disturbance through an anonymous call Pigskins employees stated that no one from the bar had called the police on this incident. Terri Suazo, doorperson, was sworn in Mr Stehle asked Ms Suazo questions regarding disturbance signs Ms Suazo stated that when the couple walked through the door they did not seem intoxicated at first. After the patron's verbal abuse to her son she was "cut off"from alcohol (no more but they could have what they had in front of them) Beer tab indicated 2 beers Melinda Tucker, Bartender/Manager, was sworn in and stated that she arrived at work at 6 45 p m Ms Tucker stated that the couple appeared normal but she was later notified that the couple had been cut off Ms Tucker stated she has not been to formal liquor training by the Police Department. LIQUOR AUTHORITY MINUTES: November 12 and 17, 1998 Page -3- Chief Hurst was recalled as a rebuttal witness and read Condition D of February 23, 1998's Findings and Order on Show Cause Hearing which orders Pigskins to report all disturbances to the Police Department and conduct monthly education Mr Dahl and Mr Stehle gave closing statements Motion by Mr Wilde that a violation of Wheat Ridge Code of Laws Section 11-54 occurred by failing to promptly report a disturbance to the Wheat Ridge Police Department; seconded by Mr Davis Motion by Mr Davis for an amendment to the Motion to dismiss violation 12-47-901, seconded by Mr Williams; carried 5-1 with Mr Wilde voting no Original Motion carried 6-0. Motion by Mr Wilde for a one day suspension, Saturday, November 21, 1998 from 8 00 a m to November 22, 1998 at 2 00 a m , seconded by Mr Davis, carried 5-1 with Mrs DiCroce voting no Mr Stehle asked for a petition to pay a fine in lieu of suspension Mr Dahl stated that Pigskins is not eligible ( preceeding suspension within the past two years) Item 3. Public Hearing on Application for a new Hotel & Restaurant Liquor License for the Noodle Shop Company, Colorado, Inc, dba "Noodles & Company", 3294 Youngfield Street, Unit F, Wheat Ridge, Colorado Tom Weigand, Owner, and Joe Serafin, Manager, presented "Noodles & Company", liquor policies, training programs and stated that the sale of alcoholic beverages consists of beer and wine only Motion by Mr Sanzalone to approve the application for a new Hotel & Restaurant Liquor License for The Noodle Shop Company, dba "Noodles & Company", 3294 Youngfield Street, Unit F, Wheat Ridge, Colorado, for the following reasons 1) All applications and fees required by statute have been filed and paid 2) Notice of hearing and posting of the premises have been accomplished according to statutory requirements 3) The applicant is entitled to occupancy of the premises by virtue of a signed lease dated July 31, 1998 4) The applicants have been cleared by the Police Department; seconded by Mr Williams, carried 6-0. Meeting adjourned at 11:35 a m LIQUOR AUTHORITY MINUTES: November 12 and 17, 1998 Page -4- November 17, 1998 Chairperson Wilde called the meeting to order at 9 00 a m Liquor Authority members present: Dan Wilde, Frank Sanzalone, Harry Williams, Kent Davis, George Langdon, Judith DiCroce Members absent were. Rocco Gioso and Mark Roberts Also present: Deputy City Clerk, Christa Jones Item 1 Findings and Order on Show Cause Hearing - El Mexicano Parilla Bar Motion by Mr Williams to accept the findings as printed, seconded by Mr Sanzalone, carried 6-0. Motion by Mr Williams to allow the Chairperson to sign future findings, unless they are highly controversial, Clerk is to mail findings to the Liquor Authority; seconded by Mr. Davis, carried 6-0. Motion by Mr Williams to adjourn, seconded by Mr Davis, carried 6-0 Meeting adjourned at 9 15 a m Q2\r.,, . Christa Jones, Deputy City Clerk APPROVED BY LIQUOR AUTHORITY ON December 10, 1998 BY A VOTE OF 7 TO 0 Dan Wilde, Liquor Authority Chair