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HomeMy WebLinkAbout10/26/2006MINUTES FOR LIQUOR AUTHORITY MEETING CITY OF WHEAT RIDGE, COLORADO 7500 West 29th Avenue, Municipal Building October 26, 2006 The Liquor Authority Meeting of October 26, 2006 was called to order by Chairman Davia at 9:06 a.m. Liquor Authority Members present: Robert Alldredge; David Berry; Kent Davis; Judith DiCroce; John Miks; Carolyn Peterson; Frank Sanzalone. Also present: Deputy City Clerk, Christa Jones; Police Sergeant Paula Balafas. Due to a snowstorm, City Attorney Debra Kalish had not yet arrived at the meeting and the Authority decided to hear Items 3, 4, and 5 first to give her the opportunity to present Item 1. APPROVAL OF MINUTES OF September 28, 2006 Motion by Mr. Davis for approval of the Minutes of September 28, 2006; seconded by Mrs. DiCroce; carried 7-0 with Mr. Alldredge abstaining. Item 3. Application for a New Liquor License for Paramount Bowl, 2625 Kipling Street, Wheat Ridge. (Set Public Hearing Date) Christa Jones presented the staff report. Motion by Mrs. DiCroce to waive the survey for Paramount Bowl, 2625 Kipling Street, Wheat Ridge, set a public hearing date for Thursday, December 14, 2006 at 9:00 a.m. and order the property posted and the public hearing published in the Wheat Ridge Transcript; seconded by Mr. Miks; carried 8-0. Item 4. Change of name for Key West Lounge & Supper Club, Inc., 10151 B West 26th Avenue, Wheat Ridge. Christa Jones presented the staff report. Dion Boeke, applicant, was present and answered questions. Motion by Mr. Miks to authorize the Liquor Authority Chair to sign the Report of Changes for Key West Lounge & Supper Club (old name) to Wheat Ridge Bar & Grill (new name); seconded by Mr. Sanzalone; carried 8-0. LIQUOR AUTHORITY MINUTES: October 26, 2006 Page -2- Item 5. Notice of Alleged Liquor Code Violation at 44 Club, 12100 West 44th Avenue, Wheat Ridge. Sgt. Balafas described the circumstances that occurred at the 44 Club both inside and outside the building. Motion by Mr. Davis that a Notice of Hearing and Order to Show Cause be prepared by the City Attorney and executed by the Chair and Deputy City Clerk and be issued to the owners of 44 Club, 12100 West 44th Avenue, Wheat Ridge, Colorado, based on allegations contained in the attached Notice of Alleged Liquor Code Violation. The hearing is to be scheduled for December 14, 2006 at 9:00 a.m.; seconded by Mr. Alldredge; carried 8-0. Item 2. Change of Corporate Officers for Nguyen Inc., d.b.a. "Wilmore Liquors", 7777 West 38th Avenue, #A108, Wheat Ridge. Christa Jones presented the staff report. Mai Nguyen, applicant, was present and answered questions. Motion by Mrs. DiCroce to approve the Change of Corporate Officers for Nguyen, Inc., d.b.a. "Wilmore Liquors", 7777 West 38th Avenue, #A108, Wheat Ridge, Colorado, for the following reasons: 1. All applications and fees required by Statute have been filed and paid. 2. The applicant has been cleared by the Police Department; seconded by Mr. Alldredge; carried 8-0. Item 1. Show Cause Hearing for Rockette Tavern, 10006 West 44th Avenue, Wheat Ridge. City Attorney Deborah Kalish was now present at the meeting. Christa Jones presented the staff report. Ms. Kalish briefly outlined the hearing procedure and waived opening statements for the City. Attorney Forest Clark and licensee Ronald Hoeft were present. Mr. Clark stated that they have had conversations with Ms. Kalish. They have agreed upon a stipulated fact situation and would let that go before the Authority and would then make a statement at the end if that would be procedurally correct. LIQUOR AUTHORITY MINUTES: October 26, 2006 Page -3- FACT FINDING PHASE: Ms. Kalish gave a brief summary of the facts. Motion by Mr. Miks to find that a violation of C.R.S. Section 12-47-900 occurred; seconded by Mr. Alldredge; carried 8-0. PENALTY PHASE: Sgt. Balafas gave the Police Report. It included the statement that the employees of the licensee had attended the Wheat Ridge Liquor classes, but not the licensee, Mr. Hoeft. City Attorney and Police recommended a 3 day suspension and 3 days be held in abeyance for 6 months on the condition that Mr. Hoeft attend a Liquor License class. Attorney Clark explained that the contact with the Police Officers took place after 2:00 a.m. when Mr. Hoeft was cleaning up. He was inside and the incident took place outside. Mr. Hoeft had told him that he had been drinking, but didn't think he had drank that much. Now he is convinced that he did. He wants to attend the Liquor Classes. Ronald Hoeft admitted that he had gone overboard with the drinking, apologized and said it would never happen again. Motion by Mr. Alldredge to direct the City Attorney to prepare findings for this meeting and further move to suspend the license for Rockette Tavern, 10006 West 44th Avenue, Wheat Ridge, Colorado for a period of three (3) days, three (3) of which shall 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 provision of the Wheat Ridge Municipal Code during the period of abeyance. The licensee is hereby ordered to attend the next available Liquor Training Class held by the Wheat Ridge Police Department in December 2006 and the 3 days held in abeyance for six month is conditioned on this; seconded by Ms. Peterson; carried 7-1 with Mr. Berry voting no. Meeting adjourned at 9:36 a.m. r" _ Christa Jones, Deputy City Clerk ,i LIQUOR AUTHORITY MINUTES: October 26, 2006 Page -4- APPROVED BY LIQUOR AUTHORITY ON DECEMBER 14, 2006 BY A VOTE OF -1 TO 0 Anthony Davi , C it