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HomeMy WebLinkAbout03/28/2002W H E,q LIQUOR LICENSING AUTHORITY MINUTES CITY OF WHEAT RIDGE, COLORADO 7500 W. 29th Avenue, Municipal Building March 28, 2002 OR The Liquor Authority Meeting was called to order by Chairman Davis at 9 00 a m Liquor Authority Members present: Kent Davis, Judith DiCroce, John Miks, William Snell, Robert Alldredge, Karen Berry and William Peterson Frank Sanzalone was absent. Also present: Deputy City Clerk, Christa Jones Motion by Mr Alldredge to move Item #1 to Item #3, seconded by Mr Peterson, carried 7-0 APPROVAL OF MINUTES OF February 28, 2002 Motion by Mr Miks for the approval of the Minutes of February 28, 2002, seconded by Mrs DiCroce, carried 6-0 with Mrs Berry abstaining Item 2. Application for a Special Events Permit for Sts Peter & Paul Catholic Church 3900 Pierce Street, Wheat Ridge Gloria Verretta, Event Manager, was present and answered questions from the Authority Motion by Mr Peterson for approval of the Special Events Permit for Sts Peter & Paul Catholic Church for the dispensing of malt, vinous and spirituous liquor at the Church, 3900 Pierce St., Wheat Ridge, CO on June 29, 2002 from 4 00 p m to 11 00 p m , seconded by Mr Miks, carried 7-0 Item 3. Transfer of Ownership for Pester Marketing Company, 9999 West 38'h Ave , Wheat Ridge Richard Spresser, representing Pester Marketing Company, was present and answered questions from the Authority Motion by Mr Miks for approval of the Transfer of Ownership from Duke & Long Distributing Inc , dba "Everyday Store #5030", to Pester Marketing Company, dba "15' STOP", 9999 West 38" Avenue, Wheat Ridge, for the following reasons 1 All applications and fees required by statute have been filed and paid, 2 The applicant will be entitled to occupancy of the premises by virtue of a signed sublease agreement dated February 1, 2002 3 The applicants have been cleared by the CBI and FBI, seconded by Mr Alldredge, carried 7-0. WHEAT RIDGE LIQUOR AUTHORITY MINUTES MARCH 28. 2002 page 2 Item 1 Show Cause Hearing on alleged liquor violation at Pigskins Sports Saloon, 10051 1-70 Service Road, Wheat Ridge Michael Whelan, Attorney for the owner of Pigskins, was present. Mr Whelan stated that Claire Stehle, owner of Pigskins, is suffering from a back fracture and would not be able to attend the hearing Mr Whelan stated that the property is up for sale and asked for a 120 day continuance It was noted that the liquor license for Pigskins is up for renewal with an expiration date of April 26, 2002 and that the hearing would proceed at this time City Attorney, Carmen Beery was present and opened the Show Cause Hearing by calling Sergeant Lorentz. Sergeant Lorentz was sworn in by the Chair and explained the events of 12/27/01 as fully described in the attached Findings Mr Whelan questioned Sergeant Lorentz. Officer Berkowitz was sworn in by the Chair and explained his account of the events of that day Mr Whelan followed with questions for Officer Berkowitz. Mr Whelan called Michelle Winslow, the bartender at Pigskins for seven years, who was sworn in by the Chair Ms Winslow explained the events of 12/27/01 and stated that Linda Long did not seem to be intoxicated Ms Winslow has attended the Wheat Ridge Police classes three or four times and explained what she looks for regarding signs of intoxication Ms Beery asked Ms Winslow questions and the Authority followed up with questions Mike Rose, employee at Pigskins, was sworn in by the Chair Mr Rose explained what he observed regarding Linda Long when she entered Pigskins Mr Rose described signs of intoxication Ms Beery and the Authority asked Mr Rose questions _ Don DeNovellis, retired Denver Police Officer, was sworn in by the Chair and distributed the "Affidavit of Don DeNovellis" dated 3/27/02, to the Authority Ms Beery and the Authority asked Mr DeNovellis questions WHEAT RIDGE LIQUOR AUTHORITY MINUTES MARCH 28, 2002 page 3 Closing statements were made by Ms Beery and Mr Whelan Mr Whelan asked to defer findings for 120 days Motion by Mr Alldredge not to postpone the decision on Show Cause Hearing, seconded by Mrs DiCroce, carried 7-0 Motion by Mr Miks that a violation of Section 12-47-901(1)(a) of the Colorado Liquor Code has occurred, seconded by Mrs DiCroce, carried 4-3 with Mr Alldredge, Mr Snell and Mr Peterson voting no Officer Berkowitz stated that it is the Police Department's recommendation to revoke the license for Pigskins but would allow the licensee 120 days to sell the business Motion by Ms Berry to continue the Penalty Phase for 120 days, seconded by Mr Peterson, failed 5-2 with Mrs Berry and Mr Davis voting yes Motion by Mrs DiCroce to direct the City Attorney to prepare findings for this meeting and further moved to suspend the license for Pigskins Sports Bar for a period of 5 days, and the 5 days be put in abeyance for 120 days or when the business is sold, whichever comes first; seconded by Mr Davis, carried 4-3 with Mr Alldredge, Mr Snell and Mr Miks voting no Motion by Mr Davis that the 10 day prior violation suspension be served Monday, April 1, 2002 from 8 00 a m to April 11, 2002 through and including 2 00 a m , seconded by Mrs DiCroce, carried 6-1 with Mr Peterson voting no Motion by Mr Davis to authorize the Liquor Authority Chair and Clerk to sign the renewal application and forward it to the State, seconded by Mr Alldredge, carried 7-0 Item 4. Election of new Chair and Vice Chair Motion by Mr Davis that Mrs DiCroce be appointed Chair for the next year and Mr Snell be appointed Vice Chair; seconded by Mr Miks, carried 7-0 Meeting adjourned at 12 10 p m a Christa Jones, Deputy City Clerk APPROVED BY THE LIQUOR AUTHORITY ON APRIL 11, 2002 BY A VOTE OF 7S TO i dy Di roce, Chair LIQUOR LICENSING AUTHORITY CITY OF WHEAT RIDGE, COLORADO In re the Alcoholic Beverage License issued to Ryty Futures, Inc. d/b/a Pigskins Bar 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 issued for the following premises: Pigskins Bar 10051 North 1-70 Service 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 1. The above-referenced alcoholic beverage liquor license is issued to Ryty Futures, Inc. d/b/a Pigskins Bar (hereinafter "Licensee"). 2. Colorado Revised Statutes Section 12-47-901(1)(a) (of the "Colorado Liquor Code", C.R S. 12-47-101, et seq.) provides that it is unlawful for any person "to sell, serve, give away, dispose of, exchange, or deliver or permit the sale, serving, giving, or procuring of any alcohol beverage to or for any person under the age of twenty-one years, to a visibly intoxicated person, or to a known habitual drunkard." 3. A Notice of Show Cause Hearing was mailed on January 1, 2002, and hand delivered by the Wheat Ridge Police Department on January 22, 2002. The Notice sets forth the basis for the Complaint. 4. The Show Cause Hearing was held at nine o'clock (9:00) a.m. on March 28, 2002, at the Wheat Ridge City Hall, 7500 W. 29`h Avenue, Wheat Ridge, Colorado. Licensee was represented at the hearing by attorney Wm. Michael Whelan, Jr. 5 Licensee presented the testimony of: (1) Michelle Winslow; (2) Michael Rose; and (3) Don DeNovellis; and submitted written evidence in the form of investigative reports and an affidavit of accuracy prepared by Mr. DeNovellis,. CNB\53027\406010 6. The City of Wheat Ridge presented the testimony of the Wheat Ridge Police Department's Sergeant Lorentz and Officer Berkowitz. 7. The testimony and evidence presented at the March 28, 2002 hearing established, inter aiia, the following: (a) On December 27, 2001 at approximately 12:06 p.m., Sergeant Lorentz was dispatched to the Texaco Station at 4885 Kipling Street, Wheat Ridge, Colorado, on a report of an intoxicated female refusing to leave the premises. Sergeant Lorentz arrived at the Texaco station at approximately 12:11 p.m. and interviewed clerk Tonya Gideon. Ms. Gideon told Sergeant Lorentz that a woman with short red hair, wearing a black sweater and carrying a CU coat was staggering in the parking lot and was nearly struck by cars 5 or 6 times. Ms. Gideon also told Sergeant Lorentz that the woman then entered the store and was "staggering, belligerent, incoherent, extremely intoxicated." Ms. Gideon observed the female leave the Texaco and head west. (b) Sergeant Lorentz testified that he then went_ to look for the female described by Ms. Gideon. He entered the Pigskins Bar, located directly west of the Texaco station. Sergeant Lorentz testified that it took him only a few minutes to travel from the Texaco station to the bar. Once in Pigskins Bar, Sergeant Lorentz was immediately confronted by a female who matched the description given to him by Ms. Gideon. The woman, later identified as Linda Long, got within inches of Sergeant Lorentz's face and said "What the fuck do you want?" (c) Sergeant Lorentz testified that he observed Ms. Long to have an odor of intoxicating beverage on her breath, glazed and non- focusing eyes, and trouble coordinating her movements. He had to catch her by the arm at least 3 times to steady her balance as she spoke with him. He further testified that Ms. Long would raise and lower her voice for no apparent reason and quickly change from angry to "baby talk." According to Sergeant Lorentz, Ms. Long became angry and used several expletives at him when he advised her she would have to go to detox, and later said she wanted to date and marry him. (d) Sergeant Lorentz observed a beer and some loose change on the table next to which Ms. Long was standing. Ms. Long told Sergeant Lorentz that the beer was hers and she had just CNB\53027\406010 2 purchased it. When asked by Sergeant Lorentz how much she had to drink, Ms. Long stated "Not near enough." (e) Two other patrons of the bar, Wendell Jensen and Corwin Sturm, were asked by Ms. Long to play pool. Officer Berkowiz testified that the men described Ms. Long as "tipsy," though both said she did not slur her speech or stumble as she approached them. (f) Sergeant Lorentz escorted Ms. Long to the Arapahoe House after determining that no responsible party could come to pick her up. Sergeant Lorentz explained that he wanted to remove Ms. Long from the bar because she appeared to be a danger to herself and/or others. The employees of Arapahoe House greeted Ms. Long by name. A portable Breathalyzer test administered to Ms. Long by Arapahoe House staff registered a 0.206 BrAC. (g) Officers Berkowitz and Bellomy came on duty at approximately 12:45 p.m. on December 27, 2001, and responded to Pigskins at the request of Sergeant Lorentz. Officer Berkowitz testified that he interviewed the bartender on duty that afternoon, Michelle Winslow. Ms Winslow told Officer Berkowitz that she had served Ms. Long a beer shortly before Sergeant Lorentz entered the bar. (h) Ms Winslow testified that she did not observe Ms. Long to be visibly intoxicated when she served her a beer. Ms. Winslow further testified that Ms. Long's gait was normal, her clothing and make-up was neat and tidy, and that she had no problem picking up her change from the bar. Ms. Winslow did not observe Ms. Long confront Sergeant Lorentz when he entered the bar and did not hear Ms. Winslow raise her voice or use expletives when speaking to the sergeant. Ms. Winslow testified that she was within a few feet of Ms. Long when she ordered her beer and she did not smell any intoxicating beverage on Ms. Long's breath or person. Ms. Winslow acknowledged that there are an infinite number of signs of intoxication that vary from individual to individual. (i) Michael Rose, a cook who was working at the bar that afternoon, testified that he too observed Ms. Long when she was served a beer by Ms. Winslow. Mr. Rose testified that Ms. Long did not appear to be visibly intoxicated when Ms. Winslow served him, that she was neat in appearance and that she had CNB\53027\406010 3 coordinated movements when she ordered her beer and picked up her change. Mr. Rose testified that he did not tell the police these observations on December 27, 2001 because the police did not ask him. (j) Don DeNovellis, a private investigator with thirty years of experience as a Denver police officer, was hired by the Licensee to investigate the occurrences of December 27, 2001 Mr. DeNovellis testified that he conducted his own interviews of Ms. Gideon, Mr. Jensen and Mr. Strum. (k) Based on his interview with Ms. Gideon, Mr. DeNovellis testified to the following: Ms. Gideon observed Ms Long to have a Coca-Cola can which smelled strongly of hard liquor; Ms. Long likely finished the contents of the soda can before entering Pigskins because no one observed her discard the can and she did not have the can when she entered the bar. (1) Based on his interviews with Mr. Jensen and Mr. Strum, Mr DeNovellis testified to the following: the two men were in Pigskins on December 27, 2001 to have lunch over the noon hour; the men described Ms. Long's interaction with Sergeant Lorentz as polite; they did not hear Ms. Long say "What the fuck do you want," to Sergeant Lorentz; the men said their description of Ms. Long as "tipsy" meant that she was not drunk, but had obviously had a drink or two. (m) While the testimony is conflicting concerning Ms. Long's appearance and level of intoxication when Ms. Winslow served her, based on the evidence and testimony as a whole, the Authority reasonably concludes that Ms. Long was visibly intoxicated when Ms. Winslow served and sold her a beer. 8. Based on the testimony and evidence presented, and weighing the credibility of witnesses, the Authority finds that on December 27, 2001, the Licensee violated Section 12-47-901(1)(a) of the Colorado Liquor Code by serving an alcoholic beverage to a visibly intoxicated person. ORDER The Authority HEREBY ORDERS that the alcoholic beverage license issued to Ryty Futures, Inc. d/b/a Pigskins Bar be and hereby is suspended for a period of five (5) days, all five (5) of which to be held in abeyance for a period of one hundred and twenty (120) days. Such five (5) days shall be served by the Licensee, on such specific dates as shall be determined by the Authority, if the Licensee still CNB\53027\406010 4 owns the licensed premises, in whole or in part, upon expiration of the one hundred and twenty (120) day abeyance period. All five (5) days shall be permanently stayed if the Licensee sells or otherwise disposes of all interest it possesses in the licensed premises before the expiration of the abeyance period. The one hundred and twenty (120) day abeyance period shall commence on March 28, 2002, and expire on May 17, 2002. The Authority FURTHER ORDERS that the alcoholic beverage license issued to Ryty Futures, Inc. d/b/a Pigskins Bar be and hereby is suspended for ten (10) days previously held in abeyance pursuant to the Findings and Order of the Authority concerning Licensee, dated May 24, 2001. The Authority now imposes these stayed ten (10) days of suspension as Licensee failed to comply with the conditions of abeyance. The ten (10) days of suspension shall be served commencing on and including 8.00 a m , Monday, April 1, 2002, through and including 2:00 a.m., Thursday, April 11, 2002. DONE AND ENTERED by the Wheat Ridge Liquor Licensing Authority, as of the 28`h day of March, 2002. e By: Kent Davis, Chair ATTEST: ra ^t~-~ Christa Jones, Cle to the Liquor Authority 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 k\\e_ day of Ak^-'Il 2002, addressed as follows: Pigskins Bar 10051 North 1-70 Service Road Wheat Ridge, Colorado 80033 CNB\53027\406010 Wm. Michael Whelan, Jr., Esq. 600 Pearl Street, Suite B Boulder, CO 80302