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HomeMy WebLinkAbout12/08/2005MINUTES FOR LIQUOR AUTHORITY MEETING CITY OF WHEAT RIDGE, COLORADO 7500 West 29th Avenue, Municipal Building December 8. 2005 Chairman Alldredge called the Liquor Authority Meeting of December 8, 2005 to order at 9.00 a m Liquor Authority Members present: Robert Alldredge, David Berry, Kent Davis, Judith DiCroce, Brenda Locricchio, John Miks, and Frank Sanzalone Anthony Davia arrived at 9.03 a m Also present: Deputy City Clerk, Christa Jones, City Attorney, Debra Kalish, Police Sergeant, Paul Balafas APPROVAL OF MINUTES OF October 27, 2005 Motion by Mr Davis for the approval of the Minutes of October 27, 2005, seconded by Mr Sanzalone, carried 7-0 Item 1. Show Cause Hearing for Bradley Self Serve, 7403 West 38th Avenue, Wheat Ridge Christa Jones presented the staff report. Attorney William Rapson was present for Bradley City Attorney Debra Kalish stated that the licensee had stipulated to the facts Motion by Mr Miks that a violation of C R.S Section 12-47-901(1)(a) occurred, seconded by Mr Davis, carried 8-0 Sgt. Balafas stated that on June 25 the State of Colorado conducted a series of compliance checks and at that time Bradley Self Serve did in fact sell to an underage person That case is still being worked out as to what penalty will be imposed by the State She pulled all of the attendance sheets of the Liquor Classes the Police Department conducts 3 or 4 times a year and Bradley has not attended any time in the last five years, although they have been invited at least twice a year, every year Mr Rapson introduced Buzz Bradley, son of the owner of Bradley Petroleum LIQUOR AUTHORITY MINUTES December 8, 2005 Page-2- Bradley Calkins, Jr, stated he was sorry that the incident occurred They train their employees and if they are violating Bradley's policies they are terminated They do everything in their power to prevent this from happening Very few of their units actually sell alcohol and they concentrate their training in those who do Sgt. Balafas asked that some component of the penalty require the owner and current manager to attend the Wheat Ridge Police Department Liquor Training City Attorney recommended a 3 day suspension with 3 days held in abeyance for 12 months in addition to the training class Attorney Rapson recommended rather than the owner attending the training, it should be the manager and supervisor Motion by Ms Locricchio to direct the City Attorney to prepare findings for this meeting and further move to suspend the license for Bradley Self Serve for a period of 3 days She further moved that 3 days be held in abeyance for a period of 12 months and shall be permanently stayed unless the Licensee again violates the Colorado Liquor Code, the Colorado Liquor Code Regulations, or any provision of the Wheat Ridge Code of Laws during the period of abeyance, or the Licensee fails to comply with any aspect of this Order She further moved that both the Store Manager and Mr Calkins attend the Wheat Ridge Police Department Liquor Training Class, seconded by Mr Sanzalone, carried 5-3 with Mr Miks, Mrs DiCroce, and Ms Berry voting no They were concerned about the lack of training and felt some time should be served Item 2. Show Cause Hearing for Pauz Inn, 4111 Kipling Street, Wheat Ridge Christa Jones presented the staff report. Janet Klitz, owner, was present. City Attorney presented the facts The owner has stipulated to the facts Motion by Mr Davis that a violation of C R S Section 12-47-901(1)(a) occurred, seconded by Mr Davia, carried 8-0 Sgt. Balafas stated that there is no history of violations under the current ownership Nobody under the current ownership has attended the Wheat Ridge Police Department Training Classes LIQUOR AUTHORITY MINUTES December 8, 2005 Page-3- Motion by Mr Davis to direct the City Attorney to prepare findings for this meeting and further move to suspend the license for Pauz Inn for a period of 3 days He further moved that 3 days be held in abeyance for a period of 6 months and shall be permanently stayed unless the Licensee again violates the Colorado Liquor Code, the Colorado Liquor Code Regulations, or any provision of the Wheat Ridge Code of Laws during the period of abeyance, or the Licensee fails to comply with any aspect of this Order He further moved that the Licensee and those people responsible for serving alcohol, be required to attend the Wheat Ridge Police Department Liquor Training Class, seconded by Mr Sanzalone, carried 8-0 Item 3. Show Cause Hearing for Rambling Rose, 10080 West 44th Avenue, Wheat Ridge Christa Jones presented the staff report. City Attorney presented the facts The owners are present and are willing to stipulate to the facts Tracy Guildner and Doug Weller, owners, stipulated to the violation Motion by Mr Miks that a violation of C R S Section 12-47-901(1)(a) occurred, seconded by Mr Davis, carried 8-0 Sgt. Balafas stated that there have been no major disturbances at this establishment this year Tracy Guildner attended training classes in June 2000 and again in March 2002 Sgt. Balafas feels it was a mitigating circumstance that the Manager intervened Tracy Guildner has worked there since 1986, when her mother owned the bar She hired her son and has tried to watch him and she intercepted the beer, but her son had already accepted the money They have had the same employees for 10 years, except her son Motion by Ms Locricchio to direct the City Attorney to prepare findings for this meeting and further move to suspend the license for the Rambling Rose for a period of 3 days She further moved that 3 days be held in abeyance for a period of 6 months and shall be permanently stayed unless the Licensee again violates the Colorado Liquor Code, the Colorado Liquor Code Regulations, or any provision of the Wheat Ridge Code of Laws during the period of abeyance, or the Licensee fails to comply with any aspect of this Order She further moved that the son of the Licensee be required to attend the Wheat Ridge Police Department Liquor Training Class, seconded by Mr Sanzalone LIQUOR AUTHORITY MINUTES December 8, 2005 Page-4- Motion by Mr Davis to extend the 6 months to 12 months, seconded by Mr Miks, carried 7-1 with Mr Alldredge voting no Original Motion as amended carried 8-0 Item 4. Show Cause Hearing for Stan's Caravan, 11221 West 44th Avenue, Wheat Ridge Christa Jones presented the staff report. Stan Babusczzaka, represented the owner, who had major surgery and was not able to be here City Attorney presented the facts Mr Babusczzaka stipulated to the violation. He stated that the person selling the alcohol is no longer employed there Motion by Mr Miks that a violation of C R.S Section 12-47-901(1)(a) occurred, seconded by Mr Davia, carried 8-0 Sgt. Balafas stated that this licensee has not attended any of the training classes Motion by Mr Davia to direct the City Attorney to prepare findings for this meeting and further move to suspend the license for Stan's Caravan for a period of 3 days He further moved that 3 days be held in abeyance for a period of 6 months and shall be permanently stayed unless the Licensee again violates the Colorado Liquor Code, the Colorado Liquor Code Regulations, or any provision of the Wheat Ridge Code of Laws during the period of abeyance, or the Licensee fails to comply with any aspect of this Order He further moved that employees and the manager be required to attend the Wheat Ridge Police Department Liquor Training Class, seconded by Mrs DiCroce, carried 8-0 Item 5. Application for Trade Name Change from "Holly West" to "Holly West/La Fonda de Acebo" Christa Jones presented the staff report. Motion by Mr Miks to approve the Change of Trade Name from "Holly West" to "Holly West/La Fonda de Acebo", seconded by Mr Sanzalone, carried 8-0 LIQUOR AUTHORITY MINUTES December 8, 2005 Page-5- City Attorney addressed memo from Jerry Dahl pertaining to licensing of caterers/social clubs/special events The issue was about the El Dorado Club on Harlan Street. Sgt. Balafas reported that the complaints received by the Police Department were about parking and noise They have never had a liquor violation there or been able to show that any of the disturbances were liquor related They have Denver Sheriff's Deputies there as off-duty security guards Item 6. Motion to cancel the December 22, 2005 meeting Motion by Mr Miks to cancel the December 22, 2005 meeting, seconded by Ms Locricchio, carried 8-0 Meeting adjourned at 10 10 a m Christa Jones, Deputy City Clerk J APPROVED BY LIQUOR AUTHORITY ON January 12, 2006 BY A VOTE OF LCLTO C, Rob rt Alldredge, Ch r