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Home My WebLink About10/10/2002LIQUOR LICENSING AUTHORITY MINUTES CITY OF WHEAT RIDGE, COLORADO 7500 W. 29th Avenue, Municipal Building October 10, 2002 Chair Judy DiCroce called the Liquor Authority Meeting to order at 9 00 a.m Liquor Authority Members present: Judith DiCroce, Frank Sanzalone, William Peterson, Karen Berry (arrived at 9 03), Robert Alldredge, Kent Davis and William Snell Mr Miks was out of town Also present: City Attorney, Carmen Beery; Administrative Assistant, Janice Smothers and City Clerk, Wanda Sang Motion by Mr Sanzalone for approval of the Minutes of September 12, 2002, seconded by Mr Snell, carried 6-0. Item 1 Application for a new Tavern Liquor License for Port 44, Inc., dba "Long Shots Bar & Grill", 4400 Ward Road, Wheat Ridge Janice Smothers gave a brief summary of the applicant's request. Applicants, James A. Frisk and Jeremy R. Frisk, were present and answered the Liquor Authority's questions •The applicants stated that they plan to keep the kitchen open and operating although they are requesting the change for a Tavern Liquor License Motion by Mr Davis for approval of the application for a new Tavern Liquor License for Port 44 Inc , dba "Long Shots Bar & Grill", 4400 Ward Road, 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 March 20, 2002 4 The applicants have been cleared by the Police Department. 5 There was no one present to oppose the application, seconded by Mr Peterson, carried 7-0. LIQUOR AUTHORITY MINUTES October 10. 2002 PG -2 Item 2 Application for a new Tavern Liquor License for J L. K., Inc., dba "The Pauz Inn", 4111 Kipling Street, Wheat Ridge Janice Smothers gave a brief summary of the applicant's request. Applicant, Janice L. Klitz, was sworn in by the Chair and answered the Liquor Authority's questions .Janice Klitz said that she is reading the Liquor and Beer Code book and she would attend Liquor Classes Motion by Mr Alldredge for approval of the application for a new Tavern Liquor License for J L.K., Inc dba "The Pauz Inn", 4111 Kipling Street, 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 assignment dated August 21, 2002 4 The applicant has been cleared by the Police Department. 5 There was no one present to speak against the application, Seconded by Mr Snell, carried 7-0 Motion by Mr Alldredge to break until 9 50 a m , seconded by Mr Peterson, carried 7-0 The meeting reconvened at 9.59 a.m Item 3 Show Cause Hearing on alleged Code Violations at Pigskins Sports Saloon, 10051 1-70 Service Road, Wheat Ridge Attorney's for Pigskins, Frank Scheitler and Kurt Guzenack were sworn in by the Chair City Attorney, Carmen Beery asked that the following documents be entered into record Wheat Ridge Police Department Offense Report, Case No. 0214383 which include a) Police Report by Officer Cohn, dated 8/24/02 b) Supplemental Report by Officer Cohn, dated 4/24/02, but describing the events of 8/24/02 in the body of the report c) Supplemental Report by Officer Berkowitz, dated 8/30/02 d) Supplemental Police Report by Officer Paugh dated 8/26/02 LIQUOR AUTHORITY MINUTES October 10, 2002 PG -3 e) Signed Witness statement submitted by Danielle J Boggs-Bullock, dated 8/24/02 f) Signed Witness statement by Mr Patrick Martin, dated 8/24/02 Ms Beery called the following witnesses for the City- The Chair swore in Michelle Winslow, Assistant Manager for Pigskins Ms Winslow has been employed at Pigskins for 7 years and recalled the events of August 23, 2002, stating that a live band and buffet were being set up for "opening night." When Ms Winslow left for the evening, she informed Ms Boggs to cut off anyone in the bar that needed to be cut off She was called back later in the evening after receiving a call from Ms Boggs and Patrick Martin about a disturbance Danielle Boggs, Waitress employed at Pigskins since February 2001, was Sworn in by the Chair Ms Boggs gave testimony of the events of 8/23/02 as stated in her witness statement. Ms Boggs stated that Teresa (evening bartender), Mr Martin and her were all in agreement that Mr Clark needed to be cut off Officer Harry Cohn, was sworn in by the Chair, and explained the events of 8/24/02. Officer Justin Paugh, was sworn in by the Chair, and explained the events of 8/24/02 Officer Berkowitz, was sworn in by the Chair, and reviewed his report. Mr Guzeneck produced an enlarged diagram of the interior of Pigskins Mr Schleitler called the following witnesses for the licensee Renee Gonzalez, 12826 Ironstone Way, Parker, CO, Bar Patron and friend of Mr Clark, stated that in his opinion, Mr Clark didn't appear to be that intoxicated and Mr Clark wanted to make sure his friends were being well taken care of Mr Gonzalez stated that Danielle was raising her voice and upset and getting loud Mr Gonzalez said that Mr Clark put his left arm on Danielle's shoulder to calm her down Greg Scott, 17671 N Canyon Road, Littleton, CO, Bar Patron and friend of Mr Clark, stated that Mr Clark's table did not seem out of control Nor in his opinion did Mr Clark seem drunk. Mr Scott stated that he overheard Danielle say that he had no right to fire her and that he will get his LIQUOR AUTHORITY MINUTES October 10, 2002 _PG -4 Aruna S. Clark, wife of Greg Clark and part owner of Pigskins, stated that no one at their table was ordering a drink when Danielle came over and cut Mr Clark off She stated that Mr Clark was dancing and socializing all night and was not drunk. Mr Clark drove them home that night. Mr Clark has not been going to the bar, but she is taking care of the business Council for Mr Clark submitted, as part of the record, the background checks of Mr Martin and Ms Boggs from Mr Daril Cinguanta, Private Investigator The Authority accepted with Ms Beery's stipulation that none of these charges are certified as accurate Both Ms Beery and Mr Scheitler made closing Statements The Authority held violation discussion Motion by Mr Alldredge that a violation of Section 11-54 of the Wheat Ridge Code of Laws has occurred, seconded by Mr Davis, carried 7-0 Motion by Mr Snell to dismiss the violation of Section 16-127(e), seconded by Mr Sanzalone, carried 5-2 with Mrs Berry and Mrs DiCroce voting no Motion Mr Alldredge to prepare findings for this meeting and further moved to suspend the license for Pigskins for a period of 6 days with 6 days held in Abeyance for 6 months subject to any other violations occurring, seconded by Mr Peterson Motion by Mr Davis for an amendment to the Motion that 3 days be held in Abeyance and the facility be suspended for 3 days, seconded by Mr Sanzalone, carried 4-3 with Mr Snell, Mr Berry and Mr Peterson voting no Original Motion as amended, carried 4-3 with Mr Snell, Mrs Berry and Mrs DiCroce voting no Motion by Mr Alldredge that the days of suspension are October 22, 23 and 24, 2002 from the hours of 8 00 a. m (on the 22nd) to 8 a m on October 25, 2002, seconded by Mr Davis, carried 4-3 with Mr Snell, Mrs DiCroce and Mrs Berry voting no Mr Clark's Attorney asked the Authority for a fine in lieu of suspension Motion by Mr Davis for a fine in lieu of suspension, seconded by Mr Peterson, carried 4-3 with Mr Alldredge, Mrs DiCroce and Mrs Berry voting no LIOUOR AUTHORITY MINUTES October 10. 2002 PG -5 Motion to adjourn carried 7-0 Meeting adjourned at 1 55 p m ice Smothers, Administrative Assistant APPROVED BY THE AUTHORITY ON November 14, 2002 BY A VOTE OF 5 TO o Judy DiCroce, Liquor Authority Chair