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HomeMy WebLinkAbout01/11/2001LIQUOR LICENSING AUTHORITY MINUTES CITY OF WHEAT RIDGE, COLORADO 7500 W. 29th Avenue, Municipal Building January 11, 2001 O WHEq~ 0 I 7A ORA The Liquor Authority Meeting was called to order by Chairman Davis at 9 00 a m Liquor Authority Members present: Dan Wilde, Frank Sanzalone, Kent Davis, Laura Leprino, Rocco Gioso, Judith DiCroce, William Snell Robert Alldredge was absent. Also present: Deputy City Clerk, Christa Jones, City Attorney, Gerald Dahl, representing the Police Department, Officer Steve Berkowitz. APPROVAL OF MINUTES OF December 14, 2000 Motion by Mr Gioso for the approval of the Minutes of December 14, 2000, seconded by Mr Sanzalone, carried 7-0 Item 1. Show Cause Hearing regarding alleged liquor violation at "Vern's", 7605 West 44th Avenue, Wheat Ridge Item 1 is a show cause hearing regarding an allegation that a violation of Section 12-47- 901(1)(h)(1) occurred on the night of October 10, 2000 at Vern's Restaurant. It is alleged that customers consumed alcoholic beverages after 2 00 a m Steve Lee, attorney for the applicant was present at the hearing Officer Dan Griffin of the Wheat Ridge Police Department was sworn in by the Chair and gave testimony as to what he observed on the night of October 10, 2000 at Vern's Bar He was subsequently questioned by City Attorney Dahl and cross examined by Mr Lee Sergeant James Lorentz of the Wheat Ridge Police Department was sworn in by the Chair and gave testimony as to what he observed on the night of October 10, 2000 at Vern's Bar He was questioned by City Attorney Dahl and cross examined by Mr Lee The officers testified that they saw alcoholic beverages sitting in front of customers after 2 00 a m , but that they did not actually see anybody taking a drink. LIQUOR AUTHORITY MINUTES: January 11, 2001 Page -2- Chris Goettlein, 4560 Yarrow Street, was sworn in by the Chair He was a customer at Vern's on the night in question and testified as to what he observed and did He was questioned by Mr Lee and cross examined by Mr Dahl Ken Wyatt, 16110 West 69th Place, was sworn in by the Chair He was a customer at Vern's on the night in question and testified as to what he observed and did He was questioned by Mr Lee and cross examined by Mr Dahl Dianna Boldon, 3551 Parfet Street, was sworn in by the Chair She was the bartender at Vern's on the night in question and gave testimony as to what she observed and did The witnesses for Vern's all agreed that alcoholic beverages were still sitting in front of customers, but that nobody took a drink after 2 00 a m City Attorney Dahl and Mr Lee each presented their closing arguments Motion by Mr Davis to find that a violation of Section 12-47-901(1)(h)(1) of the Colorado Liquor Code has occurred on October 10, 2000 at Vern's Restaurant, the violation being consumption of alcoholic beverages after 2 00 a m , this was determined according to testimony presented today; seconded by Mrs Leprino, carried 5-2 with Mr Snell and Mr Wilde voting no Prior to the Penalty Phase of the hearing, Thomas Little, owner of Vern's Restaurant, gave testimony as to the type of establishment he runs and how he cooperates with the Police Department. Officer Berkowitz of the Wheat Ridge Police Department agreed with Mr Little, but stated he felt that at least 1 day of suspension should be imposed and served Motion by Mr Gioso to direct the City Attorney to prepare findings for this meeting and further moved to suspend the license for Vern's for a period of 2 days, to be held in abeyance for 6 months, seconded by Mrs Leprino, carried 5-2 with Mr Snell and Mr Wilde voting no Mr Lee asked that if a future violation were to occur, he wanted to be on record as to asking for a fine in lieu of suspension This was noted for the record LIQUOR AUTHORITY MINUTES: JANUARY 11, 2001 Page -3- Item 2. Motion by Mrs DiCroce to accept the Findings regarding the Show Cause hearing for the Rockette Bar and authorize the Chair to sign the document and have the Clerk mail it to the licensee, seconded by Mr Sanzalone, carried 6-1 with Mr Snell voting no Motion by Mr Gioso to adjourn, seconded by Mr Wilde, carried 7-0 Meeting adjourned t 12 15 p m Christa Jones, Deputy,City Clerk APPROVED BY THE LIQUOR AUTHORITY ON JANUARY 25, 2001 BY A VOTE OF 1 TO U Kent Davis, Chair