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HomeMy WebLinkAbout02/27/2003LIQUOR LICENSING AUTHORITY MINUTES CITY OF WHEAT RIDGE, COLORADO 7500 W. 29th Avenue, Municipal Building February 27, 2003 Chair Judith DiCroce called the Liquor Authority Meeting to order at 9.00 a.m Liquor Authority Members present: Robert Alldredge, Frank Sanzalone, John Miks, Kent Davis and Judy DiCroce Also present: Deputy City Clerk, Christa Jones Motion by Mr Davis for approval of the Minutes of February 13, 2003, seconded by Mr Sanzalone, carried 3-0 with Mrs DiCroce and Mr Alldredge abstaining Item 1 Show Cause Hearing on alleged Liquor Code Violations at Port 44, Inc., dba "LONG SHOTS", 4400 Ward Road, Wheat Ridge Deputy Jones gave the introduction to the Show Cause Hearing which outlined the proposed violations which occurred on December 13, 2003 and December 24, 2003 Owners, James and Jeremy Frisk were sworn in by the Chair Motion by Mr Davis to hear violations separately and combine the penalty; seconded by Mr Miks, carried 4-1 with Mrs DiCroce voting no Officer Eversole and Officer Griffin, Wheat Ridge Police Department, were both sworn in by the Chair and testified regarding the events of December 13, 2003 Testimony presented • Christopher W Spencer (under the age of 21) was in a fight at the bar and smelled of alcohol and had red, watery eyes • Spencer became combative with the police officers when they tried to subdue him, causing injury to Spencer and Officer Eversole • Spencer stated that Long Shots did not check him for his identification • Jennifer Hibner-Spencer (Christopher's mother)was sworn in by the Chair and stated that Chris is now in drug and alcohol rehab and could not attend the hearing She stated that her son told her that he had at least 4 rounds of beer at Long Shots that night. She said she does not have alcohol in her house LIQUOR AUTHORITY MINUTES February 27, 2003 PG -2 _ Owners James and Jeremy Frisk gave the following testimony- Bar employees interviewed all deny serving Spencer • All patrons are checked for identification at the front door and given a "X" if they are 21 or older Employees at the bar only serve patrons with the identifying mark. Spencer could not have been served at the bar without the "X" • Jeremy Frisk was at the bar that night and stated that it was very busy and they have had problems with patrons coming in the back door, where there is no one posted to check ID's (This problem has since been fixed ) Believes Spencer may have entered through this door • If Spencer did drink at the bar, the owners believe somebody at the table bought it for him Closing arguments were made by Carmen Beery Motion by Mr Davis that no violation of C R.S Section 12-47-901(1)(a) has occurred, seconded by Mr Sanzalone, carried 5-0 Officer Griffin, Wheat Ridge Police Department, testified regarding the events of December 24, 2002 • Noticed 6 cars in the parking lot at 3 45 a.m and went in to the bar to investigate • Officer Griffin observed the employees cleaning up and mostly drinking water • One employee, John Robert Frisk, was drinking his "shift drink" a bottle of beer which was % full and felt cold to the touch Bartender, John Robert Frisk, testified • The beer Officer Griffin observed was his and that he had opened the beer prior to 2 00 a m., but kept it on ice to keep it cold He started drinking the beer prior to closing but admitted he continued to drink the beer after 2 00 a m Owner, James Frisk, stated that John Robert Frisk has lost his job as a bartender over this incident. Closing statements were made Motion by Mr Alldredge that a violation of Section 12-47-910 has occurred, seconded by Mr Davis, carried 5-0. Officer Berkowitz asked the Authority to consider the following stipulations • No one under the age of 21 be allowed in the bar after 7 00 p m • Employee doorman with appropriate uniform to check ID's • Increased lighting outside LIQUOR AUTHORITY MINUTES February 27, 2003 PG -3 Motion by Mr Davis for a three day suspension, two days held in abeyance for a period of 6 months from time of suspension, one day closed, those days being April 2 - April 4, 2003, with the 3`d and 4th held in abeyance and the day served being, April 2, 2003, and the license surrendered to the Clerk's office at 8.00 a m and picked up the 3rd at 8 00 a.m , seconded by Mr Miks Motion by Mr Miks for an amendment to include the stipulations Officer Berkowitz recommended, died for lack of second motion Original Motion carried 5-0 Item 2 Show Cause Hearing on alleged Liquor Code Violation at Pigskins, 10051 1-70 Service Road, Wheat Ridge City Attorney requested the Authority to dismiss the case Motion by Mrs DiCroce to dismiss the case, seconded by Mr Alldredge, carried 4-1 with Mr Davis voting no Mr Davis stated that this was totally unacceptable and the Authority should have had a "heads up" on the issue to dismiss the case Meeting adjourned at 11 45 a m f Christa Jones, Deputy City Clerk APPROVED BY THE AUTHORITY ON March 13, 2003 BY A VOTE OF TO -C .udy DiC oce, Liquor Authority Chair