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HomeMy WebLinkAbout06/23/2005MINUTES FOR LIQUOR AUTHORITY MEETING CITY OF WHEAT RIDGE, COLORADO 7500 West 29`h Avenue, Municipal Building June 23, 2005 Chairman Alldredge called the Liquor Authority Meeting of June 23, 2005 to order at 9.00 a.m Liquor Authority Members present: Robert Alldredge, Frank Sanzalone, Kent Davis, Anthony Davia, Judith DiCroce, and Brenda Locricchio Mr Miks was absent. Also present: Deputy City Clerk, Christa Jones, City Attorney, Carmen Beery; Police Sergeant, Paula Balafas. APPROVAL OF MINUTES OF May 26, 2005 Motion by Mr Davis for the approval of the Minutes of May 26, 2005, seconded by Mrs DiCroce, carried 4-0 Mr Davia and Mr Alldredge abstained Item 1. Request for Modification of Premises for Wheat Ridge Lanes, Inc., 6595 West 38th Avenue, Wheat Ridge, Colorado Item 1 was introduced by Chairman Alldredge Christa Jones presented the staff report. David Hansom, son of the owner of Wheat Ridge Lanes, was present and explained that his father was out of town and his return had been delayed He stated that the reason they wanted to create a seating area on the patio was that they were worried about the anti-smoking law being passed and wanted to be pro-active in creating an area for their smoking customers There would be a 3-ft wrought iron railing around the patio Motion by Ms Locricchio to approve the modification of premises for Wheat Ridge Lanes, Inc., d b a "Wheat Ridge Lanes", 6595 West 38th Avenue, Wheat Ridge, Colorado, and authorize the Chair of the Liquor Authority to sign the application, seconded by Mr Sanzalone, carried 6-0 LIQUOR AUTHORITY MINUTES June 27, 2005 Page -2- Item 2. Show Cause Hearing regarding Alleged Liquor Code Violation at Happy Liquors, 4141 Kipling Street, Wheat Ridge, Colorado Chair Alldredge introduced Item 2 Christa Jones presented the staff report. Tien Nguyen, owner of Happy Liquors, was sworn in by the Chair City Attorney, Carmen Beery, stated that she had personally visited Mr Nguyen on June 7 and explained what the hearing process would be She asked if he was going to dispute the allegations or stipulate to the charges and what a stipulation would mean Mr Nguyen stated he was the individual involved in the alleged sale and would stipulate to the charges, but wanted to speak to the Authority on mitigating factors Motion by Mr Davis that the finding is that a violation of C R S Section 12-47- 901(5)(a)(1) occurred at Happy Liquors, seconded by Mr Davia, carried 6-0 Mr Nguyen explained that the incident occurred on Good Friday and that he was religious and had fasted all day and was very hungry and tired and had a headache and somehow was spaced out. He is very sorry that it happened He has since added numerous warning signs and is very careful that this will not happen again Motion by Ms Locricchio to direct the City Attorney to prepare findings for this meeting and further moved to suspend the license for Happy Liquors for a period of 3 days She further moved to hold the suspension in abeyance for a period of 6 months She further moved that Mr Nguyen be required to attend the next Wheat Ridge Police Liquor Class for Retail licensees, seconded by Mr Sanzalone, carried 6-0 Item 3. Show Cause Hearing regarding Alleged Liquor Code Violation at Valley Liquors, 4992 Ward Road, Wheat Ridge, Colorado Item 3 was introduced by Chair Alldredge Christa Jones presented the staff report. Youngseo Kim, owner of Valley Liquors was sworn in by the Chair He was accompanied by an interpreter, Ms Majer LIQUOR AUTHORITY MINUTES June 27, 2005 Page -3- Carmen Beery stated that she had personally visited Mr Kim on June 6 and also spoken to Ms Majer on the telephone and explained what the hearing process would be She asked if he was going to dispute the allegations or stipulate to the charges and what a stipulation would mean Mr Kim stated he was the individual involved in the alleged sale and would stipulate to the charges, but wanted to speak to the Authority on mitigating factors Motion by Mrs DiCroce that the finding is that a violation of C R S Section 12- 47-901(5)(a)(1) occurred at Valley Liquors, seconded by Mr Sanzalone, carried 6-0 Mr Kim stated through the interpreter that he would check every person's I D from now on, so this will never happen again He is very sorry this happened He is studying almost every day to learn better English Motion by Mr Davia to direct the City Attorney to prepare findings for this meeting and further moved to suspend the license for Valley Liquors for a period of 3 days with 1 day being served He further moved to hold the other 2 days in abeyance for a period of 6 months The day served shall be July 14, 2005. He further moved that Mr Nguyen be required to attend the next Wheat Ridge Police Liquor Class for Retail licensees and at his expense provide an interpreter for said class, seconded by Mr Sanzalone, carried 6-0 Item 4. Show Cause Hearing regarding Alleged Liquor Code Violation at Red Garden Liquor and Wine, 9075 West 44th Avenue, Wheat Ridge, Colorado Item 4 was introduced by Chair Alldredge Christa Jones presented the staff report. Robert Lim, owner of Red Garden Liquor and Wine, was sworn in by the Chair City Attorney, Carmen Beery, stated that she had personally visited Mr Lim and explained what the hearing process would be She asked if he was going to dispute the allegations or stipulate to the charges and what a stipulation would mean Mr Lim stated he was the individual involved in the alleged sale and would stipulate to the charges, but wanted to speak to the Authority on mitigating factors Motion by Mr Davia that the finding is that a violation of C R.S Section 12-47- 901(5)(a)(1) occurred at Red Garden Liquor and Wine, seconded by Mr Davis, carried 6-0 LIQUOR AUTHORITY MINUTES June 27, 2005 Page -4- Mr Lim explained that he was very tired when he sold the liquor He made a mistake and apologized and won't let it happen again He checks everybody now Motion by Mr Davis to direct the City Attorney to prepare findings for this meeting and further moved to suspend the license for Red Garden Liquor and Wine for a period of 3 days He further moved to hold the suspension in abeyance for a period of 6 months He further moved that Mr Lim be required to attend the next Wheat Ridge Police Liquor Class for Retail licensees, seconded by Mr Sanzalone, carried 6-0 Item 5. Motion by Mrs DiCroce to continue the Show Cause Hearing regarding Alleged Liquor Code Violation at Old Chicago, 3250 Youngfield Street, Wheat Ridge, Colorado, to July 28, 2005, seconded by Mr Davis, carried 6-0 Mike Baran with Wheat Ridge Carnation Festival, talked to the Liquor Authority about the potential of expanding the beer sales during the Carnation Festival He has been at other festivals where the street was roped off and people could wander around with their beer He stated this would be of great benefit to the Kiwanis because they use this as a major fund raiser and it would be great for the festival and the fair goers because they wouldn't be restricted to have their beer in a very small area Deputy Jones explained that the application had already been submitted and the property was posted today The requested area was exactly the same as it had been in previous years The application had been submitted by Rae Jean Behm and Mr Baran's name was not on the application Mr Davis disclosed that Mr Baran had called him last night. Mr Davis doesn't feel that the festival committee understands how the special events process works You can't come in the last minute and change everything It would be very, very difficult to rope off an area in the Greenbelt. The Police cannot cover that large an area If somebody wants to take beer away, they can go off the path Mr Baran stated he had talked to people in the Police Department and they had the same concern as to how the area could be roped off LIQUOR AUTHORITY MINUTES June 27, 2005 Page -5- Mr Alldredge suggested that Mr Baran bring in the expanded beer sales next year Mr Baran asked if he could bring in a new application within the next 5 days and the Authority could hold a special meeting to address it. He will present his plan to the individual Authority members City Attorney stated that the application has to be discussed with the entire Authority, not individual members Motion by Mr Alldredge to hold a special meeting on July 7, 2005 at 9 00 a.m to discuss the Carnation Festival Committee application to modify the current application or submit a new application, seconded by Ms Locricchio, failed 4-2 with Ms Locricchio and Mr Davia voting yes Mr Davis voted no because this is being pushed too fast and should be discussed next year Mrs DiCroce voted no because she agrees with Mr Davis and feels we are rushing into this too fast. We need more time and preparation Mr Alldredge is in favor of expanding the Carnation Festival and make it a bigger and better event, but the timing is such that he had to vote against the special meeting Meeting adjourned at 10 25 a m Christa Jones, Deputy City Clerk APPROVED BY CITY COUNCIL ON JULY 2005 BY A VOTE OF PTO 0_ i ! L i / Robert Alldredge, Chair