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HomeMy WebLinkAbout03/08/2007MINUTES FOR LIQUOR AUTHORITY MEETING CITY OF WHEAT RIDGE, COLORADO 7500 West 29th Avenue, Municipal Building March 8, 2007 The Liquor Authority Meeting of March 8, 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; City Attorney, Debra Kalish; Police Sergeant, Paula Balafas; staff; interested citizens. APPROVAL OF MINUTES OF February 8, 2007 Motion by Mr. Miks for the approval of the Minutes of February 8, 2007. Mr. Berry asked for a correction. He did not make the motion to continue the hearing, it was somebody else; seconded by Mrs. DiCroce; carried 7-0 with Mr. Davis abstaining. Mr. Davis was not present at the February 8 meeting, but listened to the recording of the meeting and felt qualified to participate in hearing Item 1. Item 1. Public Hearing on application for a new Tavern Liquor License for LeJJa Enterprises, Inc., d.b.a. "Jammin Joe's", 4700 Kipling Street, Wheat Ridge. (Continued from February 8, 2007) Christa Jones presented the amended staff report. Applicant Yolanda Gendill gave background on the bar that was owned and operated by her husband in another municipality and refuted some of the items in the Police Report. They will not tolerate bad behavior in their establishment. They are excited about the kitchen and will serve full meals. They will hire security to walk the parking lot after dark. Their employees will be TIP certified and attend the Wheat Ridge liquor classes. They have hired a consultant to help them run a good establishment. They want to be an asset to Wheat Ridge. The following speakers were present: George Herrera, consultant, explained the number of calls at the previous business. The business is required to call the Police Department if there is a disturbance, but then it is used against them. They are planning on having security monitoring the parking lot. LIQUOR AUTHORITY MINUTES: March 8, 2007 Page -2- Joseph Gendill, former President of Jammin' Joe's, husband of the applicant, explained that they had cooperated with the Police and called in any type of disturbance. They ran a nice clean bar. Many disturbances were in the Parking Lot with Ace Express with people going to the Casinos. They didn't have many fights in their bar because they didn't tolerate that. They didn't allow motorcycle gangs. They never contracted adult amusement games, they were programmed in without their knowledge and they had them removed immediately. Haley Allison, 9960 W. 59th Avenue, Arvada, has known Yolanda for years and has helped her in the past with charity events. There were a lot of other businesses in the parking lot of the previous establishment. Joe Sellars, 4750 W. 107th Place, Westminster, musician, has played in bars since he was 15 years old. Joe's is a very good place to play and you are safe there. Joe is a big supporter doing benefits and he will provide food. Rick Rodriguez, 4772 Everett Court, Wheat Ridge, patron of Jammin' Joe's for over 8 years; friendly place, numerous benefits, annual toy drive, take care of their employees. Opportunity to listen to live music is very limited in this area. Jim Beston, 11302 West 38th Avenue, Wheat Ridge, has known the Gendills for many years. They are very kind-hearted. It would be good to have an establishment like theirs in the neighborhood. Andrew Coca, 31687 Weld County Road 18, Keenesburg, has played nightclubs all over the Country and has played at Jammin' Joe's until they closed the bar down last fall. Of all the bar owners he has worked for, Joe is the best to work for as a musician. Has never seen any kind of disturbance at Jammin' Joe's. John Deal, 507 S. Sherman Street, Denver, concurred with the previous speakers both as a patron and musician. They cater to baby boomers. Ron Waters, 429 Janis Court, Northglenn, musician, played in Joe's bar 4-500 times. There is nowhere else he'd rather play. Tim Wolf, 9600 E. Girard Avenue, Denver, doesn't know Joe or Andy personally, but is a customer. They have the best bands and the food is great. Carl Holz, 2276 S. Pitkin Way, Aurora, musician, said they are good people. Geno Sirokman, 1230 E. 2" d Street, Loveland, musician, played all around the world. Joe and Andy are the best club owners anywhere. LIQUOR AUTHORITY MINUTES: March 8, 2007 Page -3- Bill Wright, 4132 Xavier Street, Denver, musician, has played at Joe's bar and has never seen any problems. Chair Davia called for a 5-Minute break at 10:09 a.m. Meeting resumed at 10:15 a.m. Karen Sellars, 445 W. 91St Circle, Thornton, patron of Jammin' Joe's for 9 years; family atmosphere, safe place she can go any time of the night. They took time out of their work schedules to vouch for Joe and Andy. Emily Blair, 224 E. 112th Place, Northglenn, patron of Jammin' Joe's, enjoyed the safety of the place. Holly DeBelle, 5371 W. , Arvada, bartender for Jammin' Joe's, loves them and thinks they are great. The bar is comfortable, happy, a fun setting. One of the domestic violence calls pertained to her and they helped her out. She loved working for them. George Herrera, 4181 Lowell Blvd., Denver, Colorado Consulting Specialists, spoke on behalf of Joe and Andy. Motion by Mr. Davis to go into executive session for a conference with the City Attorney regarding Section 24-6-402 C.R.S.; seconded by Mr. Alldredge; carried 8-0. Executive Session was held at 10:32 a.m. Meeting reconvened at 11:05 a.m. Debra Kalish discussed the factors to be considered in a hearing for a new liquor license and summarized her memo from February 1, 2007 and was part of the packet on February 8, 2007. Motion by Mrs. DiCroce to deny the application for a new Tavern License for LeJJa Enterprises, Inc., d.b.a. `Jammin Joe's', 4700 Kipling Street, Wheat Ridge, for the following reasons: At the public hearing held on February 8, 2007, and continued on March 8, 2007, the Authority considered the reasonable requirements of the neighborhood, the desires of the adult inhabitants as evidenced by petitions, remonstrances or otherwise, and all other reasonable restrictions that are or may be placed upon the neighborhood by this Authority. It also considered whether granting this license would result in or add to an undue concentration of tavern licenses. LIQUOR AUTHORITY MINUTES: March 8, 2007 Page -4- Finally, it considered the character, record, and reputation of the officer of the corporation that has applied for this license. The Liquor Authority directs the City Attorney to draft findings and an order denying this license based on the evidence presented at today's hearing. Seconded by Mr. Davis; tied 4-4 with Authority Members Miks, Davis, DiCroce and Berry voting yes; Authority Members Peterson, Alldredge, Sanzalone, and Davia voting no. A tied motion is a failed motion. Motion by Mr. Alldredge to approve the application for a new Tavern License for LeJJa Enterprises, Inc., d.b.a. 'Jammin Joe's', 4700 Kipling Street, Wheat Ridge, for the following reasons: (1) All applications and fees required by statute have been filed and paid. (2) Notice of hearing and posting of the premises have been accomplished according to statutory requirements. (3) The applicant is entitled to occupancy of the premises by virtue of a lease, dated October 1, 2006. (4) At the public hearing held on February 8, 2007, and continued on March 8, 2007, the Authority considered the reasonable requirements of the neighborhood, the desires of the adult inhabitants as evidenced by petitions, remonstrances or otherwise, and all other reasonable restrictions that are or may be placed upon the neighborhood by this Authority. It also considered whether granting this license would result in or add to an undue concentration of tavern licenses. Finally, it considered the character, record, and reputation of the officer of the corporation that has applied for this license. Based on the evidence presented on these factors at the public hearing, the Authority finds that (1) the reasonable requirements of the neighborhood and the desires of the adult inhabitants support the granting of this license and (2) the officer of Licensee is of good moral character. Seconded by Ms. Peterson; carried 5-3 with Authority Members Miks, Davis, and DiCroce voting no. ELECTION OF CHAIR David Berry was elected to be the new Chair. LIQUOR AUTHORITY MINUTES: March 8, 2007 Page -5- Item 2. Request for Show Cause Hearing for 44 Club, 12100 West 44th Avenue, Wheat Ridge. Christa Jones presented the staff report. Motion by Mr. Davia 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 April 12, 2007 at 9:00 a.m.; seconded by Mr. Alldredge; carried 8-0. Item 3. Request for Show Cause Hearing for Bradley's, 7403 West 38th Avenue, Wheat Ridge. Christa Jones presented the staff report. Motion by Mr. Alldredge 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 Bradley's, 7403 West 38th Avenue, Wheat Ridge, Colorado, based on allegations contained in the attached Notice of Alleged Liquor Code Violation. The hearing is to be scheduled for April 12, 2007 at 9:00 a.m.; seconded by Mr. Davis; carried 8-0. Item 4. Request for Show Cause Hearing for Discount Liquors, 3910 Wadsworth Blvd., Wheat Ridge. Christa Jones presented the staff report. Motion by Ms. Peterson that the City of Wheat Ridge take no formal action on this matter, but that the Chief of Police send a warning letter to the owner of the establishment; seconded by Mr. Sanzalone; carried 6-1 with Mr. Miks voting no and Mr. Davis abstaining. Mr. Davis is the landlord of the property. Item 5. Request for Show Cause Hearing for Everyday Store, 5990 West 38th Avenue, Wheat Ridge. Christa Jones presented the staff report. Motion by Mrs. DiCroce 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 Everyday Store, 5990 West 38th Avenue, Wheat LIQUOR AUTHORITY MINUTES: March 8, 2007 Page -6- Ridge, Colorado, based on allegations contained in the attached Notice of Alleged Liquor Code Violation. The hearing is to be scheduled for April 26, 2007 at 9:00 a.m.; seconded by Mr. Sanzalone; carried 8-0. Item 6. Request for Show Cause Hearing for Wheat Ridge Bar & Grill, 10151 West 26th Avenue, Wheat Ridge. Christa Jones presented the staff report. Motion by Mr. Miks that a Notice of Hearing and Order to Show Cause be prepared by the City Attorney and executed by the Chair and Deputy Cit~ Clerk and be issued to the owners of Wheat Ridge Bar & Grill, 10151 West 26t Avenue, Wheat Ridge, Colorado, based on allegations contained in the attached Notice of Alleged Liquor Code Violation. The hearing is to be scheduled for April 26, 2007 at 9:00 a.m.; seconded by Mr. Alldredge; carried 8-0. Meeting adjourned at 11:45 a.m. Christa Jones, Deputy CityClerk .i APPROVED BY LIQUOR AUTHORITY ON APRIL 12, 2007 BY A VOTE OF ~ JO David Berry, Chair