HomeMy WebLinkAbout07/27/2006MINUTES FOR
LIQUOR AUTHORITY MEETING
CITY OF WHEAT RIDGE, COLORADO
7500 West 29th Avenue, Municipal Building
July 27, 2006
Chairman Tony Davia called the Liquor Authority Meeting of July 27, 2006 to
order at 9.00 a m Liquor Authority Members present: Robert Alldredge, David
Berry, Kent Davis, Judith DiCroce, and Carolyn Peterson. Frank Sanzalone and
John Miks were absent. Also present: Deputy City Clerk, Christa Jones; City
Attorney, Deborah Kalish, Police Sgt. Paula Balafas.
APPROVAL OF MINUTES OF June 22. 2006
Motion by Mr Davis for approval of the Minutes of June 22, 2006; seconded by
Ms. Peterson, carried 5-0 with Mr Alldredge abstaining
Motion by Mr Berry to hear Item 5 before Item 1 , seconded by Ms Peterson,
carried 6-0
Item 5. Modification of Premises for Stan's Caravan, 11221 West 44th
Avenue, Wheat Ridge
INW Christa Jones presented the staff report.
Applicants Stan Dabusczak and Sandra Guntar were present to answer
questions
Motion by Mr Davis to approve the modification of premises for Stan's Caravan,
11221 West 44th Avenue, Wheat Ridge, Colorado, and authorize the Chair of the
Liquor Authority to sign the application, seconded by Mrs. DiCroce, carried 6-0.
Item 1. Show Cause Hearing for Clancy's Irish Pub, 10117 West 37th
Place, Wheat Ridge
Christa Jones presented the staff report.
City Attorney Deborah Kalish presented the summary of facts.
Licensee Joyce Wood stipulated to the facts.
LIQUOR AUTHORITY MINUTES: July 27, 2006 Page -2-
Motion by Mr Davis that a violation of C.R.S Section 12-47-901(1) (a) occurred,
seconded by Mr. Alldredge, carried 6-0
Sgt. Balafas stated that no one from Clancy's staff had attended Liquor Classes
since 2002
Joyce Wood stated that she did not fire her waitress, she is one of the best
waitresses she ever had and she is even going to be better now because she
cards everybody Mrs Wood thought the Officer's attitude toward her waitress
was a little heavy-handed
Motion by Mr. Davis to direct the City Attorney to prepare findings for this
meeting and further move to suspend the license for Clancy's Irish Pub, 10117
West 37th Place, Wheat Ridge, Colorado, for a period of three (3) days. The
days are to be served from 8/10/06 to 8/12/06
He further moved that two (2) days be held in abeyance for a period of six (6)
months and shall be permanently stayed unless the Licensee again violates the
Colorado Liquor Code, the Colorado Liquor Code Regulations, or any provisions
of the Wheat Ridge Code of Laws during the period of abeyance, or the Licensee
fails to comply with any aspect of this Order. The day to be served is Saturday,
August 12, 2006, seconded by Mrs DiCroce, carried 6-0
Item 2. Show Cause Hearing for Diamond Shamrock Corner Store #4149,
12300 West 44th Avenue, Wheat Ridge.
Debra Kalish requested a continuance on this matter because there is a conflict
of Interest in the City Attorney's law firm. They believe they will be able to get the
conflict waived The City has already signed its waiver letter but they are waiting
for Diamond Shamrock's Parent Company to sign their waiver letter They have
every indication to believe that they will, but the attorney that is reviewing it is out
this week. She requested to continue it to September 14, 2006
Motion by Mr Alldredge to continue this hearing until September 14, 2006;
seconded by Mrs. DiCroce, carried 5-1 with Mr Davis voting no
Item 3. Show Cause Hearing for Everyday Stores, 5990 West 38th Avenue,
Wheat Ridge
Christa Jones presented the staff report.
City Attorney Deborah Kalish presented the summary of facts.
Stacey Wright and JoAnn Ve/otta were present for the Licensee and stipulated
to the facts
LIQUOR AUTHORITY MINUTES July 27, 2006 Page -3-
Motion by Mr Alldredge that a violation of C.R.S Section 12-47-901(1) (a)
occurred; seconded by Mr Davis; carried 6-0
Sgt. Balafas stated that there had been a previous sale to minors that was
prosecuted through the State She checked back over the last 6 years regarding
attendance at Liquor Classes and no one from Everyday Stores had attended
Stacey Wright explained that the clerk was fired the following morning
Employees will participate in the next liquor training provided by the City of
Wheat Ridge
Motion by Mr Alldredge to direct the City Attorney to prepare findings for this
meeting and further move to suspend the license for Everyday Stores, 5990
West 38th Avenue, Wheat Ridge, Colorado, for a period of three (3) days The
days are to be served August 10, 11, 12, 2006, seconded by Ms Peterson,
carried 6-0
Item 4. Show Cause Hearing for Wheat Ridge Liquors, 5808 West 38th
Avenue, Wheat Ridge
Christa Jones presented the staff report.
City Attorney Deborah Kalish presented the summary of facts
Licensee Mike Gauthier stipulated to the facts.
Motion by Mrs. DiCroce that a violation of C.R.S Section 12-47-901(1) (a)
occurred, seconded by Mr Alldredge, carried 6-0
Mr Gauthier stated he was very disappointed that his clerk, despite going to
Wheat Ridge Liquor education class, had this violation. He still works for him, he
made a mistake, but passed the State sting
Motion by Mrs DiCroce to direct the City Attorney to prepare findings for this
meeting and further move to suspend the license for Wheat Ridge Liquors, 5808
West 38th Avenue, Wheat Ridge, Colorado, for a period of three (3) days.
I further move that three (3) days be held in abeyance for a period of six (6)
months and shall be permanently stayed unless the Licensee again violates the
Colorado Liquor Code, the Colorado Liquor Code Regulations, or any provisions
of the Wheat Ridge Code of Laws during the period of abeyance, or the Licensee
fails to comply with any aspect of this Order; seconded by Mr Alldredge,
carried 6-0
LIQUOR AUTHORITY MINUTES. July 27, 2006 Page -4-
City Attorney told the Authority that one of the violator's attorneys had suggested
that he would stipulate to the facts if the Authority would stipulate to the penalty
She asked input from the Authority about how they felt about this. Authority
unanimously is not interested in dealing with that.
Meeting adjourned at 9 52 a.m
i
Christa Jones, Deputy City llerk
APPROVED BY LIQUOR AUTHORITY ON AUGUST 10, 2006 BY A VOTE OF
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Anthony Davia it