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HomeMy WebLinkAbout07/28/2005MINUTES FOR LIQUOR AUTHORITY MEETING CITY OF WHEAT RIDGE, COLORADO 7500 West 29th Avenue, Municipal Building July 28, 2005 Chairman Alldredge called the Liquor Authority Meeting of July 28, 2005 to order at 9 00 a.m Liquor Authority Members present: Robert Alldredge, Frank Sanzalone, Kent Davis, Anthony Davia, Judith DiCroce Also present: Deputy City Clerk, Christa Jones, City Attorney, Jerry Dahl, City Attorney, Debra Kalish, Sgt. Paula Balafas APPROVAL OF MINUTES of June 23, 2005 and Study Session of July 14, 2005 Motion by Mr Davis for the approval of the Minutes of June 23, 2005 and July 14, 2005, seconded by Mr Sanzalone, carried 4-0 with Mr Alldredge abstaining Item 1. Show Cause Hearing for alleged liquor code violation at Old Chicago, 3250 Youngfield Street, Wheat Ridge, Colorado Chairman Alldredge introduced Item 1 Christa Jones presented the staff report. City Attorney, Jerry Dahl, introduced Debra Kalish from his firm, who will be presenting the City's evidence when we get to the penalty phase He asked that the record reflects that there is a Notice of Show Cause Hearing, which is dated April 21, 2005, Notice of Liquor Code Violation and Request for Show Cause Hearing with the attached Police Reports and photographs Chair Alldredge acknowledged that these items are part of the record for this case Mr Dahl gave a brief overview of the case The City conducted a compliance check on March 25, 2005 They checked on twelve of the City's liquor stores and four of the licensed restaurants or bars The City used the assistance of the Jefferson County Sheriff's Department cadet program Their ages range from 18 to under 21 On that day and evening, we had two undercover officers at Old Chicago and they were there to observe the cadets Three entered the bar and ordered 3 beers from the server, one Nathan Bossard LIQUOR AUTHORITY MINUTES July 28, 2005 Page -2- They were in fact served and the server did not ask them for identification At that point a photo of the beer was taken and the server was issued a notice of violation for sales to a minor Adam Stapen, Attorney representing Old Chicago, introduced Tom Ramirez, General Manager at Old Chicago, 3250 Youngfield Street, and Scott Moore, VP of Operations They stipulated that on March 25, 2005 a sale to minors did occur in the manner described previously Motion by Mr Davis that the Authority finds that a violation of C R.S Section 12- 47-901(5)(a)(1) occurred at Old Chicago, 3250 Youngfield Street, Wheat Ridge, on March 25, 2005, seconded by Mrs DiCroce and Mr Davia, carried 5-0 City Attorney, Debra Kalish, asked that Sgt. Balafas describe for the Authority the history of violations for Old Chicago Sgt. Balafas confirmed what the Deputy City Clerk had presented in her staff report. There have been no violations at Old Chicago since they opened in June 1999 There had been 2 warning letters sent by the former Chief, regarding visibly intoxicated persons, one on September 13, 2001 and one on May 21, 2002 June 13, 2000 was the last time that employees of Old Chicago attended the Wheat Ridge Police Department liquor training class She stated that due the size of the establishment, the Police Department would be willing to hold a liquor training class on the premises of Old Chicago at 3250 Youngfield Street. Mr Stapen apologized on behalf of Old Chicago for the violation taking place and assured the Authority that they take the liquor laws very seriously They have a vigorous liquor training for their employees, the BARS program They must re- take this same test every 2 years Old Chicago also participates in the Secret Shopper program The individual who served alcohol was immediately fired They have zero tolerance He stressed that they have never had a violation in 6 years He asked that they be given a Warning letter instead of a suspension Scott Moore, Vice President of Operations for Old Chicago, stated that they are very sorry for this violation and that they take it very seriously He has made it perfectly clear that if anybody is in violation, especially serving a minor, they will be terminated LIQUOR AUTHORITY MINUTES July 28, 2005 Page -3- He will see to it that they participate in the training program from the City Motion by Mr Davia to direct the City Attorney to prepare findings for this meeting and further move to suspend the license for Old Chicago, 3250 Youngfield Street, Wheat Ridge, for a period of 3 days He further moved to hold the suspension in abeyance for a period of 6 months on the condition that no liquor violations during that time occur He recommended that Old Chicago contact the Police Department to hold a liquor training session at their business at the Police Department's convenience, seconded by Mr Davis and Mr Sanzalone, carried 5-0 Item 2. Motion to accept the Findings for Red Garden Liquor Happy Liquors Valley Liquors Motion by Mrs DiCroce to approve the Findings and Order on Show Cause Hearings for Red Garden Liquor, 9075 West 44th Avenue, Happy Liquors, 4141 Kipling Street, Valley Liquors, 4992 Ward Road, and authorize the Chair and Clerk to sign and distribute the findings, seconded by Mr Sanzalone, carried 5-0 Meeting adjourned at 9.40 a m r Christa Jones, Deputy City Clerk APPROVED BY LIQUOR AUTHORITY ON 5 TO 0 SEPTEMBER 22, 2005 by a vote of Robert Alldredge, Chair