HomeMy WebLinkAbout01/25/2007MINUTES FOR
LIQUOR AUTHORITY MEETING
CITY OF WHEAT RIDGE, COLORADO
7500 West 29th Avenue, Municipal Building
January 25, 2007
The Liquor Authority Meeting of January 25, 2007 was called to order by
Chairman Davia at 9:00 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;
Sgt. Paula Balafas; City Attorney, Debra Kalish; staff; and interested citizens.
APPROVAL OF MINUTES OF December 14, 2006
Motion by Mr. Davis for approval of the Minutes of December 14, 2006;
seconded by Ms. Peterson; carried 7-0 with Mr. Berry abstaining.
Item 1. Show Cause Hearing on Alleged Liquor Code Violation at 44 Club,
12100 West 44th Avenue, Wheat Ridge.
Christa Jones presented the staff report.
Debra Kalish presented the City's case and entered the entire case file into the
record. It was accepted by the Chair.
All the witnesses present were sworn in.
Tom Barton, owner and Manager, presented the case for the Licensee.
Michelle Atnes, the bartender at 44 Club on the evening of September 12-13,
2006 was present and testified on the Licensee's behalf.
Officers Michelle Abote, Bobbi Dawkins, Corene Chauncey and Sgt. Fred
Bright testified to the events of September 13, 2006.
Ms. Kalish and Mr. Barton presented closing statements.
Liquor Authority Members asked questions of the witnesses.
LIQUOR AUTHORITY MINUTES: January 25, 2007 Page -2-
FACT FINDING PHASE:
Motion by Mr. Davis that the Authority finds that a violation of Wheat Ridge Code
of Laws Section 11-54 (b) and C.R.S. Section 12-47-900 occurred; seconded by
Mrs. DiCroce; carried 8-0.
PENALTY PHASE:
Sgt. Balafas presented history on previous violations at the 44 Club. Employees
of the Club have not attended Liquor Classes since 2002. They recommend a
minimum closure of 3 days. Ms. Kalish stated that employees are required to
observe the behavior of their patrons.
Mr. Barton rebutted that it could be that the customers had been drinking
elsewhere. His bartender is very conscientious and has attended liquor training
outside of Wheat Ridge. He wishes witnesses would have been called in and he
could have cross-examined them. A closure punishes a lot of innocent people;
lost revenue in sales tax; employees out of work. He asked to get the minimum
penalty.
Discussion by the Authority followed.
_ Motion by Mr. Miks to direct the City Attorney to prepare findings for this meeting
and further moved to suspend the license for the 44 Club, 12100 West 44th
Avenue, Wheat Ridge, Colorado for a period of 7 days, 4 of which shall 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 Municipal Code during the
period of abeyance.
I further move that the remaining 3 days shall be served from February 9 through
February 11, 2007; seconded by Mrs. DiCroce. Motion tied 4-4, thereby failed.
Motion by Mr. Davis for 3 days suspension, hold 2 days in abeyance for a period
of 6 months. The suspension shall be served on February 2, 2007; seconded by
Mr. Alldredge; carried 6-2 with Mrs. DiCroce and Mr. Berry voting no.
LIQUOR AUTHORITY MINUTES: January25, 2007 Page-3-
Item 2. Application for Change of Corporate Officers for Key West Lounge
and Supper Club, Inc., d.b.a. Wheat Ridge Bar and Grill, 10151
West 26th Avenue, Wheat Ridge.
Christa Jones presented the staff report. Sgt. Balafas reported on background
investigation.
Applicant Dion Boeke was present to answer questions.
Motion by Mr. Alldredge to acknowledge the Change of Corporate Officers for
Key West Lounge and Supper Club, Inc., d.b.a. "Wheat Ridge Bar and Grill",
10151 B West 26th Avenue, Wheat Ridge, Colorado; seconded by Mr. Davis;
carried 8-0.
Meeting adjourned at 11:07 a.m.
Christa Jones, Deputy City Clerk
APPROVED BY LIQUOR AUTHORITY ON FEBRUARY 7, 2007 BY A VOTE OF
TO Anthony Davi V, C 7 r