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HomeMy WebLinkAbout05/12/2005MINUTES FOR LIQUOR AUTHORITY MEETING CITY OF WHEAT RIDGE, COLORADO 7500 West 29th Avenue, Municipal Building May 12, 2005 Chairman Alldredge called the Liquor Authority Meeting of May 12, 2005 to order at 9 00 a.m Liquor Authority Members present: Robert Alldredge, Kent Davis, John Miks, Anthony Davia, Judith DiCroce, Lloyd Donnelly and Brenda Locricchio Frank Sanzalone was absent. Also present: Deputy City Clerk, Christa Jones, City Attorney, Carmen Beery; Sgt. Paula Balafas, staff; and interested citizens APPROVAL OF MINUTES OF April 28, 2005 Motion by Mr Donnelly for the approval of the Minutes of April 28, 2005 with a correction on Page 1, that Chairman Alldredge called the meeting to order, not Chairman Miks, seconded by Mr Davis, carried 7-0 Item 1. Show Cause Hearing regarding Alleged Liquor Code Violation at Long Shots, 4400 Ward Road, Wheat Ridge, Colorado Item 1 was introduced by Mr Alldredge Christa Jones presented the staff report. James Frisk and Jeremy Frisk, owners of Long Shots, were present. City Attorney Carmen Beery reported that she had spoken to the Messrs Frisk and they had stipulated to the facts, but wanted to present mitigating circumstances during the penalty phase James Frisk stated that they understood the seriousness of this matter They had a new person at the door on the night in question and after reviewing their tapes, they saw that an undercover officer was standing behind the doorman and he was waving in three females and the doorman let them slide by The cocktail waitress assumed that the doorman had done his job and she served them Both of these employees have been let go and they have purchased an I D machine Every person that comes through the door is required to show I D and it goes through the machine and every person is registered LIQUOR AUTHORITY MINUTES May 12, 2005 Page -2- Their employees have taken the Wheat Ridge liquor class Officer Kyle Eversole was sworn in by the Chair His I D was not checked when he entered Discussion followed Motion by Ms Locricchio that a violation of C R.S Section 12-47-901(5)(a)(1) occurred, seconded by Mr Miks, carried 7-0 Motion by Mr Davis to direct the City Attorney to prepare findings for this meeting and further moved to suspend the license for Long Shots for a period of 7 days, 6 days to be held in abeyance for 6 months If a violation occurs in that 6 months period, that the additional 6 days be brought back and served The days would be beginning May 25 through June 1, the day of actual suspension be Wednesday, May 25, seconded by Ms Locricchio Mr Miks asked for an amendment that the period of abeyance be for 12 months Mr Davis and second accepted this amendment as part of the original motion Mr Frisk asked that the day served by May 30, 2005 because of contractual obligations on May 25 Mr Davis changed his original motion that the days be May 24 through May 30, the actual suspension be on May 30 Second accepted Motion carried 7-0 Item 2. Modification of Premises for Long Shots, 4400 Ward Road, Wheat Ridge, Colorado Mr Alldredge introduced Item 2 Christa Jones presented the staff report. Messrs Jeremy and James Frisk were present and explained that they planned to add a patio to their establishment. There would be a 4 ft wall around the patio The entrance to the patio would only be through the restaurant. There will be panic hardware and an alarmed emergency exit from the patio Motion by Mr Miks to approve the modification of premises for Port 44, Inc , d b.a. Longshots Bar & Grill, 4400 Ward Road, Wheat Ridge, Colorado, contingent upon approval by the Building Department, and authorize the Chair of the Liquor Authority to sign the application, seconded by Mr Davia, carried 7-0 LIQUOR AUTHORITY MINUTES May 12, 2005 Page -3- Item 3. Show Cause Hearing regarding Alleged Liquor Code Violation at Lakeside Liquors, 5820 W 44th Avenue, Wheat Ridge Item 3 was introduced by Mr Alldredge Scott Madsen, owner of Lakeside Liquors was present. Christa Jones presented the staff report. Carmen Beery stated she had spoken to Mr Madsen and he wanted to stipulate that a violation did in fact occur Motion by Mr Miks that a violation of C R.S Section 12-47-901 (5)(a)(1) occurred, seconded by Mr Davis, carried 7-0 Scott Madsen stated that this is his first show cause hearing after owning the store for 6 '/z years He understands the gravity of the situation They have implemented a new I D program at their store They card everybody under the age of 50 He has attended the majority of the Police classes on I D programs He described the sale to a minor as being a young gentleman with dark glasses, talking on a cell phone, crying about going through a divorce, and he made a bad judgment and sold him a six-pack of beer He apologized Motion by Mrs DiCroce to direct the City Attorney to prepare findings for this meeting and further move to suspend the license for Lakeside Liquors for a period of 3 days I further move to hold those days in abeyance for 1 year; seconded by Mr Donnelly; carried 6-1 with Ms Locricchio voting no Item 4. Show Cause Hearing regarding Alleged Liquor Code Violation at Vern's Liquors, 7605 W 44th Avenue, Wheat Ridge Item 4 was introduced by Mr Alldredge Sok Lee, owner was present. Christa Jones presented the staff report. Carmen Beery stated that Mr Lee does not dispute any of the facts alleged by the City and stipulates that a violation did occur Motion by Ms Locricchio that a violation of C R.S Section 12-47-901(5)(a)(1) occurred, seconded by Mr Miks, carried 7-0 LIQUOR AUTHORITY MINUTES May 12, 2005 Page -4- Mr Lee stated that he has not attended any of the classes put on by the City of Wheat Ridge He and his wife usually check all I D's for people under 35 On the evening in question, one of the ladies was on the phone and crying and he made a big mistake and didn't check her I D They didn't know that the police sent the young ladies He is considering selling the store and will put it on the market. Sgt. Balafas stated that Vern's Liquors had been sent a letter advising them of a class for retail liquor stores, but they did not attend Motion by Mr Miks to direct the City Attorney to prepare findings for this meeting and further move to suspend the license for Vern's Liquors for a period of 7 days He further moved that those days be held an abeyance for 1 year He also moved that the present owner be required to attend the next retail class held by the Police Department; seconded by Mr Donnelly Ms Locricchio asked that the motion be split in two parts Motion by Mr Miks to direct the City Attorney to prepare findings for this meeting and further move to suspend the license for Vern's Liquors for a period of 7 days He further moved that those days be held an abeyance for 1 year; seconded by Mr Donnelly Motion by Mr Davia to amend the motion to make it 3 days instead of 7 days, seconded by Mrs DiCroce, carried 5-2 with Ms Locricchio and Mr Davis voting no Motion as amended carried 5-2 with Ms Locricchio and Mr Davis voting no Part Two of Original motion Motion that the licensee attend the next Police Department liquor license training session carried 7-0 LIQUOR AUTHORITY MINUTES May 12, 2005 Page -5- Item 5. Motion to change the date for the Show Cause Hearings for Red Garden Liquor, Old Chicago, Valley Liquors and Happy Liquors to June 23, 2005 at 9*00 a m Motion by Mr Donnelly to direct the City Attorney to contact the above referenced four licensees to inquire if they are going to stipulate to the charges, if one of the licensees does not stipulate to the charges, the City Attorney will contact the Clerk's Office and the meeting will be postponed to June 23, seconded by Mr Davia Investigator John Healey from the Jefferson County Sheriff's Department Intelligence Unit, gave information on how the stings were being conducted Motion carried 6-1 with Mr Davis voting no After discussion, consensus was 6 in favor that in the event licensees stipulate to the facts as presented in the police report, only the City Attorney and Sgt. Balafas need to attend the meeting It is not necessary to subpoena the Police Officers Discussion ensued that at least two Authority members will be gone on May 26 Motion by Mr Davis to postpone the show cause hearings to June 23, seconded by Mr Davia, carried 7-0 Meeting adjourned at 10 24 a m Christa Jones, Deputy City Clerk APPROVED BY THE d000R AUTHORITY ON MAY 26, 2005 BY A VOTE OF _ ,i:~) TO C) ^r Robert Alldredge, Chair