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Home My WebLink About10/26/2000LIQUOR LICENSING AUTHORITY MINUTES CITY OF WHEAT RIDGE, COLORADO 7500 W. 29th Avenue, Municipal Building October 26. 2000 The Liquor Authority Meeting was called to order by Chairman Davis at 9 00 a.m Liquor Authority Members present: Dan Wilde, Kent Davis, Judith DiCroce, Frank Sanzalone Rocco Gioso and William Snell Laura Leprino and Robert Alldredge were absent. Also present: Deputy City Clerk, Christa Jones APPROVAL OF MINUTES OF September 28, 2000 Motion by Mr Wilde for the approval of the Minutes of September 28, 2000; seconded by Mr Sanzalone, carried 6-0 Item 1. Show Cause Hearing for "Water Hole #2", 4990 Ward Road, Wheat Ridge Item 1 was introduced by Christa Jones, who presented the background information and the alleged violation of Municipal Code Section 11-54 City Attorney, Linda Michow, was present and called Officer Bowman to testify Officer Bowman was sworn in by the Chair and proceeded to recall the events of June 30, 2000 George Wente, owner, was present and sworn in by the Chair Mr Wente stated that the bartender, Lealani Meyer, has been fired and this was his first violation in 12 years Motion by Mr Wilde that a violation of Municipal Code Section 11-54 occurred, seconded by Mr Gioso, carried 6-0 Motion by Mr Wilde to suspend license for 1 day, Saturday, October 28, 2000 Motion died for lack of second Motion by Mrs DiCroce that the license be suspended for 2 days, and those 2 days be held in abeyance for 6 months, seconded by Mr Wilde, carried 6-0 LIQUOR LICENSING AUTHORITY MEETING MINUTES OCTOBER 26 2000 PAGE 2 Item 2. Set Show Cause Hearing for "Rockette Bar", 10006 West 40 Avenue, Wheat Ridge Item 2 was introduced by Christa Jones, who presented the Notice of Alleged Liquor Code Violation Motion by Mr Snell to order a Show Cause Hearing for Rockette Bar, 10006 West 441h Avenue, Wheat Ridge, regarding an alleged violation of Section 11-54 of the Wheat Ridge Code of Laws, and to hold the hearing on Thursday, December 14, 2000 at 9.00 a m I further move that the City Attorney be directed to prepare the necessary paperwork for a show cause hearing and that the Chief of Police be directed to provide background material on any past liquor violations at this establishment; seconded by Mr Sanzalone Mr Gioso stated that he wished to abstain due to the fact that he knows the owners of the Rockette Bar Motion by Mr Snell that Mr Gioso abstain, seconded by Mr Wilde, carried 5-0 Original Motion carried 5-0 Motion by Mr Wilde to adjourn, seconded by Mr Gioso, carried 6-0 Meeting adjourned at 1000 a m l + J Christa Jones, Depyrty City Clerk APPROVED BY THE LIQUOR AUTHORITY ON NOVEMBER 9, 2000 BY A VOTE OF C-. TO v! Zlz~ Kent Davis, Chair _ LIQUOR LICENSING AUTHORITY CITY OF WHEAT RIDGE, COLORADO In re the Alcoholic Beverage License issued to George Wente d/b/a Water Hole #2 FINDINGS AND ORDER ON SHOW CAUSE HEARING THIS MATTER comes on for a Show Cause Hearing before the Wheat Ridge Liquor Licensing Authority, with respect to the referenced alcoholic beverage liquor license (hereinafter the "License") issued for the following premises: Water Hole #2 4990 Ward Road Wheat Ridge, Colorado 80033 The Authority, having conducted the show cause hearing and considered the evidence and testimony, makes and enters the following FINDINGS AND ORDER ON SHOW CAUSE HEARING: FINDINGS ON SHOW CAUSE HEARING 1 The referenced alcoholic beverage liquor license was issued to George Wente d/b/a Water Hole #2 hereinafter "Licensee." 2 Section 11-54 of the Wheat Ridge Code of Laws provides in pertinent part: (b) Reports. Any licensee and its employees shall immediately report to the police department of the city any unlawful or disorderly act, conduct or disturbance committed on the premises. (e) Failure to Comply. Failure to comply with the requirements of this section may be considered by the licensing authority in any action relating to revocation, suspension or nonrenewal of a license. A violation of this section is also a criminal offense, punishable by a fine or imprisonment, or both, as provided in section 1-5 of this Code. LCM\53027\3621 18.01 3. A Notice of Show Cause Hearing was mailed on October 10, 2000 and also hand delivered to the Licensee on the same date. The Notice sets forth the basis for the Complaint. 4 The Show Cause hearing was held at 9 a.m. on October 26, 2000. At the hearing the Licensee appeared and testified. 5. The City of Wheat Ridge presented the testimony of Wheat Ridge Police Officer Bowman, and submitted written evidence in the form of the following. (1) Notice of Alleged Liquor Code Violation; (2) Request for Show Cause Hearing and (3) Police Department Incident Reports. 6. The testimony and evidence presented at the October 26, 2000 hearing established, inter alia, the following: (a) On June 30, 2000 at approximately 11:00 p.m., Police Officer Bowman was dispatched to Lutheran Medical Center to respond to a "cold" assault stemming from a fight that allegedly occurred earlier in the evening in the parking lot of the Water Hole #2 (b) Officer Bowman testified that he interviewed the victim, Mr. Osborn, at the hospital and then responded to the Water Hole #2 for further investigation. (c) Officer Bowman testified that he interviewed a bartender at the Water Hole #2 by the name of Lealani Meyer. Ms. Meyer told Officer Bowman that she was aware that a fight had taken place at the Water Hole at approximately 6 p.m. She further stated to Officer Bowman that she was informed by another bartender by the name of Ron that she should not call the police because the victim, Mr. Osborn, apparently did not want to pursue charges against the assailant. Ms. Meyer told Officer Bowman that she did not call the police at any time after the fight. (d) Officer Bowman testified that no other employee contacted the Wheat Ridge Police Department to report the incident. The other "part-time" bartender, Ron Christensen, whom Officer Bowman contacted also stated that he had not called the police to report the fight Officer Bowman further testified that a sign posted in the Water Hole provides notification of Section 11-54 of the Wheat Ridge Code of Laws and that Ms Meyer was aware of this regulation. LCM\53027\3621 1 8 01 -2- (e) Licensee testified that the bartender on duty on June 30th was "remiss in not calling the police department." He further admitted that altercations in the parking lot of the Water Hole should be reported to the police. (f) Based on the testimony and evidence presented, and weighing the credibility of the witnesses, the Authority finds that on June 30, 2000, the Licensee violated Section 11-54 of the Wheat Ridge Code of Laws by failing to report a disorderly disturbance occurring on the licensed premises ORDER The Authority hereby orders that the alcoholic beverage license issued to George Wente d/b/a Water Hole #2 be and hereby is suspended for a period of two (2) days, all of which (two days) to be held in abeyance for a period of six (6) months and shall be permanently stayed unless the licensee again violates C.R S. Title 12, or any provision of the Wheat Ridge Code of Laws during the period of abeyance. The six month period shall commence to run on October 26, 2000 and shall expire on April 25, 2001. DONE AND ENTERED by the Wheat Ridge Liquor Licensing Authority, on the 26th day of October, 2000. By: g- , - z"', Kent Davis, Chair ATTEST: Christa Jones, Clerk to the Liquor Authority LCM\53027\3621 18.01 -3- CERTIFICATE OF MAILING I hereby certify that a true and correct copy of the foregoing FINDINGS AND ORDER ON SHOW CAUSE HEARING was mailed this day of 9cicbe", 2000, addressed as follows. Water Hole #2 4990 Ward Road Wheat Ridge, Colorado 80033 Attn: George Wente LCM\53027\3621 18 01 -4- xxxxxxxx City Council Minutes ZZZZZZZZZ LIQUOR LICENSING AUTHORITY MINUTES CITY OF WHEAT RIDGE, COLORADO 7500 W. 29th Avenue, Municipal Building November 9, 2000 The Liquor Authority Meeting was called to order by Chairman Davis at 9 00 a m Liquor Authority Members present: Robert Alldredge, Dan Wilde, Kent Davis, Judith DiCroce, Frank Sanzalone, Rocco Gioso and William Snell Laura Leprino was absent. Also present: Deputy City Clerk, Christa Jones APPROVAL OF MINUTES OF October 26, 2000 Motion by Mr Wilde for the approval of the Minutes of October 26, 2000, seconded by Mr Gioso, carried 6-0 with Mr Alldredge abstaining Motion by Mr Gioso to move Item 2 to Item 1, seconded by Mr Wilde, carried by 7-0 Item 2. Hearing on Transfer of Ownership for "Prk N Pik Liquors", 9345 West 44th Avenue, Wheat Ridge Item 2 was introduced by Christa Jones Attorney, Carl Ream and Applicant, Kyung Kwan Rho, were present and sworn in by the Chair Mr Ream explained that Mr Rho has applied for an E2 Visa (Investment Visa) and stated that Ms Moon, the current owner will continue to manage the store until the E2 Visa for Mr Rho is approved Mr Ream will submit Manager change at that time Mr Rho stated that he will participate in training Questions from the Authority followed Motion by Mr Gioso to approve the Transfer of Ownership from Moon Yeon Joo, dba "Prk N Pik Liquors", 9345 West 44th Avenue, Wheat Ridge, to Hiko Enterprises for the following reasons 1 All applications have been filed and fees have been paid 2 Applicant is in possession of the premises by virtue of a lease dated September 1, 2000 3 Applicant has been cleared by the police department. Motion seconded by Mr Alldredge, carried 7-0 LIQUOR LICENSING AUTHORITY MINUTES NOVEMBER 9, 2000 PAGE 2 Item 3. Motion to set Show Cause Hearing for "Vern's", 7605 West 44th Avenue, Wheat Ridge, Item 3 was introduced by Christa Jones, who presented the Notice of Alleged Liquor Code Violation Motion by Mr Sanzalone to order a Show Cause Hearing for Vern's, 7605 West 44th Avenue, Wheat Ridge, regarding an alleged violation of Section 12-47-901(h)(1) of the Colorado Liquor Code and to hold the hearing on Thursday, December 14, 2000 at 9.00 a.m Mr Sanzalone further moved that the City Attorney be directed to prepare the necessary paperwork for a show cause hearing and that the Chief of Police be directed to provide background material on any past liquor violations at this establishment; seconded by Mr Alldredge, carried 7-0. Item 4. Motion to accept Findings for Water Hole #2 and authorize the Chair to sign the paperwork. Item 4 was introduced by Christa Jones Motion by Mrs DiCroce to accept the Findings on Show Cause Hearing for Water Hole #2 and authorize the Chair to sign the paperwork; seconded by Mr Wilde, carried 7-0 Item 1 Show Cause Hearing on alleged Liquor Code Violation at "Phillips 66 Station No 27677", 9995 West 44th Avenue, Wheat Ridge Authority called a 10 minute recess to reconvene at 9.30 a m (Representative for Phillips 66 not present yet.) Mr Dahl introduced Item 1 and distributed a letter dated November 1, 2000 from William R. Savage as an Exhibit. Representative for Phillips 66, Doug Vegnar, was sworn in by the Chair Mr Vegnar went over the training procedures that Phillips 66 uses and stated that employee, Christina Johnson did have training and knew not to serve intoxicated people Ms Johnson was terminated Mr Vegnar stated that a sale to an intoxicated person did occur Motion by Mr Wilde that a Liquor Code Violation (Colorado Statue 12-47-601) did occur; seconded by Mr Gioso, carried 7-0 Mr Dahl called Officer Brian Bennett, who was sworn in by the Chair Officer Bennett summarized the events that occurred on July 15, 2000 as noted in the Police Report. LIQUOR LICENSING AUTHORITY MINUTES NOVEMBER S , 2000 PAGE 3 Motion by Mr Alldredge to direct the City Attorney to prepare findings for this meeting and further moved to suspend the license for "Phillips 66 Station No 27677" for a period of 3 days, and those 3 days be held in abeyance for 6 months, provided no other violations occur; seconded by Mr Gioso, carried 7-0 Mr Snell asked for the employees of Phillips 66 to attend the Liquor Class that the Wheat Ridge Police Department holds Mr Vegnar stated that he would make sure that they do that. Mr Snell also wanted to note in the record that he did not appreciate Mr Vegnar being late for the Hearing Motion by Mr Gioso to adjourn, seconded by Mr Sanzalone, carried 7-0 Meeting adjourned at 10 08 a m Christa Jones, Deputy Pity Clerk r APPROVED BY THE LIQUOR AUTHORITY ON DECEMBER 14, 2000 BY A VOTE OF G TO C P Kent Davis, Chair