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HomeMy WebLinkAbout03/23/2000F WHEq\ ~ O o LIQUOR LICENSING AUTHORITY MINUTES CITY OF WHEAT RIDGE, COLORADO 7500 W. 29th Avenue, Municipal Building March 23, 2000 OR K The Liquor Authority Meeting was called to order by Chairman Wilde at 9.00 am Liquor Authority Members present: Dan Wilde, Robert Alldredge, Frank Sanzalone, Kent Davis, Laura Leprino, William Snell, Rocco Gioso, Judith DiCroce Also present: Deputy City Clerk, Christa Jones, for City Attorney, Gerald Dahl, Linda Michow; Chief of Police, Jack Hurst. Chairman Wilde stated that according to our rules the two new Authority Members, Robert Alldredge and William Snell will not be able to vote on the three Items until they receive their liquor law training on March 30, 2000 APPROVAL OF MINUTES OF February 24, 2000 Motion by Mr Davis for approval of the Minutes of February 24, 2000; seconded by Mr Gioso, carried 6-0 Item 1. Application for a Special Events Permit for the Arts Council of Wheat Ridge Christa Jones presented the staff report. Motion by Mrs DiCroce to approve the Special Events Permit for the Arts Council of Wheat Ridge for the dispensing of malt, vinous and spirituous liquor during the Boards and Commissions dinner at the Wheat Ridge Recreation Center on April 8, 2000 from 3 00 p m to 11 30 p m I further move to authorize the Chair to sign the application for the Special Events Permit; seconded by Mr Davis, carried 6-0 Item 2. Hearing on Alleged Liquor Violations at Wheat Ridge Lanes, 6595 West 381n Avenue, Wheat Ridge Christa Jones presented the staff report. Attorney for Wheat Ridge Lanes, Robert Kelly, was sworn in by the Chair He stipulated to the Police Reports and alleged violations Motion by Mr Sanzalone to accept the stipulation and the Police Reports into evidence along with the Notice of Show Cause Order; seconded by Mrs Leprino, carried 6-0 LIQUOR AUTHORITY MINUTES: March 23, 2000 Page -2- Richard Hanscom, owner of Wheat Ridge Lanes, was sworn in by the Chair He has owned the business since 1964 He has had one previous violation in 1987 and no other violations since He explained that both violations occurred while his manager, Chris Hinchey, was in charge and that he himself was not present. He acknowledged that the business is his responsibility and has arranged for Mr Hinchey and other employees to receive liquor training and has talked to him about the liquor laws and disturbance laws in the City of Wheat Ridge Attorney Robert Kelly described the circumstances of the second violation, which was a disturbance that was not reported to the Police Department. Motion by Mr Davis to direct the City Attorney to prepare findings for both violations and further move to suspend the license for Wheat Ridge Lanes for a period of 3 days, with 2 days being waived. The dates be April 8, 9, and 10 That serving the days of April 8 and April 10 be waived and that April 9 be served from 8 00 a m until April 10, 8 00 a m., I further move that Mr Hinchey and anyone else in a responsible position, be required to attend the next Wheat Ridge liquor training session, seconded by Mr Gioso, carried 6-0 Item 3. Hearing on Alleged Liquor Violation at Pigskins, 10051 1-70 Service Road North, Wheat Ridge Christa Jones presented the staff report. Christopher Tureson, attorney for Pigskins, was present. City Attorney, Linda Michow, pointed out an error in the Notice Of Show Cause Hearing, which cited Section 18-13-122. It should read "Section 12-47-901 (1) (a)" Attorney Tureson stipulated to that and stated we did not need to continue the hearing but could proceed City Attorney called the following witnesses Wheat Ridge Patrol Officer, Brian Paul Bennett, was sworn in by the Chair He stated that he has been with the City almost 3 years, he has taken several drug and impaired driving schools and is an instructor with the City's Liquor Education class He then repeated the text of his police report made on 11/14/99 and answered questions Christopher Tureson cross examined Officer Bennett. Wheat Ridge Patrol Officer, Kevin John Koback, was sworn in by the Chair He has been a Wheat Ridge Officer for a little over 1 year; he has taken the State Roadside Maneuvers classes and basic identifications of intoxicated people He was with Officer Bennett on 11/14/99 during their routine walk through at Pigskins He described his observation of the visibly intoxicated person standing at the bar; he felt the beer standing directly by the person and the beer was about 1/4 full and felt cold LIQUOR AUTHORITY MINUTES: March 23, 2000 Page -3- Attorney Tureson cross examined Officer Koback. Attorney Tureson called the following witnesses Joann Louise Faidiga, was sworn in by the Chair She has been employed by Pigskins for 5 months She has received Liquor training through the City of Lakewood She was working on 11/14/99 and served Mr Esquibel his first beer, which she rang up on a ticket. She then turned the ticket over to bartender, John Catlin, who started his shift after 6 00 p m and her shift ended at this time and she left. Amber Christine Cobourn, waitress at Pigskins, was sworn in by the Chair She has worked at Pigskins for about 9 months. She has not received any City Liquor training She was told by the bartender that Mr Esquibel had been cut off She also remembered that the bartender called twice for a cab for Mr Esquibel She has no recollection of talking to Officer Bennett. John Thomas Catlin, bartender at Pigskins, was sworn in by the Chair He has worked at Pigskins approximately 1 year and he has attended the City's Liquor training seminar. His ticket shows that he sold Mr Esquibel 2 beers and 1 dinner; he remembers Mr Esquibel drinking 1 beer when he came on duty; he served him another beer and dinner and then 1 more beer; he then cashed out the ticket and cut off Mr Esquibel from buying any further alcohol Claire Stehle, owner of Pigskins, was sworn in by the Chair She has owned Pigskins since 1994, she was not present on November 14, she trains her employees in the liquor laws and encourages them to take the classes offered by the City She explained the policies and procedures she has instituted at her establishment. She believes her employees Officer Bennett was recalled by the City Attorney as a rebuttal witness City Attorney and attorney for Pigskins gave their closing arguments Motion by Mrs DiCroce that Pigskins is in violation of Section 12-47-901 (1) (a) and I move to direct the City Attorney to prepare findings for this meeting and further move to suspend the license for Pigskins for a period of 3 days commencing on April 7 through April 9, 2000; from the beginning of the working day on April 7 through the closing of the working day on April 9; seconded by Mrs Leprino, carried 6-0 (The license is to be turned in at 8 00 a.m on April 7 and picked up at 8 00 a m on April 10) LIQUOR AUTHORITY MINUTES: March 23, 2000 Page -4- Deputy City Clerk updated the Authority on "Pink Cadillac Saloon", the transfer of ownership has taken place, the new owner has taken over Motion by Mr Wilde to change the by-laws to elect a new Chairperson to coincide with their terms, which is 3/2 of each year, rather than September as it currently reads, seconded by Mr Davis, carried 8-0 Motion by Mr Wilde to nominate Kent Davis as chair; seconded by Mrs. DiCroce, carried 8-0 Motion by Mr Wilde to nominate Judy DiCroce as vice chair; seconded by Mr Sanzalone, carried 8-0 Motion by Mr Davis to adjourn, seconded by Mr Wilde, carried 8-0 Meeting adjourned at 11 45 a.m. Christa Jones, Dep ~,ty City Clerk APPROVED BY THE LIQUOR AUTHORITY ON April 13, 2000 BY A VOTE OF 7 TO o v Kent Davis, Chair