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HomeMy WebLinkAbout04/26/2007MINUTES FOR LIQUOR AUTHORITY MEETING CITY OF WHEAT RIDGE, COLORADO 7500 West 29th Avenue, Municipal Building April 26, 2007 The Liquor Authority Meeting of April 26, 2007 was called to order by Chairman Berry at 9:00 a.m. Liquor Authority Members present: Robert Alldredge; David Berry; Anthony Davia; Kent Davis; Judith DiCroce; Carolyn Peterson; Frank Sanzalone. John Miks was absent. Also present: Deputy City Clerk, Christa Jones; City Attorney, Debra Kalish; Police Sergeant Paula Balafas; staff; interested citizens. APPROVAL OF MINUTES OF April 12, 2007 Motion by Mrs. Peterson for the approval of the Minutes of April 12, 2007; seconded by Mr. Davia; carried 5-0 with Mr. Davis and Mr. Sanzalone abstaining. Item 1. Show Cause Hearing on Alleged Liquor Code Violation at Every Day Store, 5990 West 38th Avenue, Wheat Ridge, Colorado. Harbans Laii, owner, stated he wanted to proceed with the hearing today without an attorney. Christa Jones presented the staff report. City waived its right to an opening statement. Ms. Kalish read the police report into the record. Mr. Lali stipulated to the facts as presented and stated the clerk is no longer employed at his store. Motion by Mr. Alldredge that the Authority finds that a violation of C.R.S. Section 12-47-901(5)(a)(1) occurred; seconded by Ms. Peterson; carried 7-0. Sgt. Balafas gave history on previous violations and stated that nobody from this store has attended the liquor classes offered by the Police Department in the last 5 years. She recommended a minimum of 5 days served and recommended that the owners and employees attend the liquor training classes. Mr. Bijayadsiaari stated that has worked at this Every Day Store since 12 months ago. LIQUOR AUTHORITY MINUTES: April 26, 2007 Page -2- Motion by Mr. Davis to direct the City Attorney to prepare findings for this meeting and further move to suspend the license for Everyday Store, 5990 West 38th Avenue, Wheat Ridge, for a period of seven (7) days. The days are to be served from May 1 to May 8, 2007. 1 further move to require the owners and employees of this store to attend the next City of Wheat Ridge liquor classes; seconded by Mr. Sanzalone; carried 7-0. Item 2. Show Cause Hearing on Alleged Liquor Code Violation at Wheat Ridge Bar & Grill, 10151 West 26th Avenue, Wheat Ridge, Colorado. Christa Jones presented the staff report. Dion Boeke, licensee, was present for this hearing and sworn in by the Chair. The City and licensee waived opening statements. Ms. Kalish read the police report into the record. Dion Boeke stipulated to the facts. Motion by Mr. Davia that the Authority finds that a violation of C.R.S. Section 12- 47-901(5)(.)(1) occurred; seconded by Mr. Alldredge; carried 7-0. Sgt. Balafas stated that since Mr. Boeke took over in January of this year there have been no other violations and the City has not yet offered a liquor class. There is one slated for June 17 and she strongly urged that the owner and employees attend the class. Mr. Boeke gave a second hand explanation as to what had been told to him by the bartender, as to what had happened on the evening of the violation. He has taken steps to insure this will not happen again. His employees will be required to attend the TIPS class. Motion by Mr. Davia to direct the City Attorney to prepare findings for this meeting and further moved to suspend the license for Wheat Ridge Bar & Grill, 10151 West 26th Avenue, Wheat Ridge, Colorado for a period of 6 days, 6 of which shall 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 Municipal Code during the period of abeyance. I further move that the owner and staff be encouraged to attend the next available Wheat Ridge Liquor Class; seconded by Mr. Alldredge; carried 7-0. LIQUOR AUTHORITY MINUTES: April 26, 2007 Page -3- Item 3. Motion by Mr. Davia to approve the Findings for LeJJA Enterprises, Inc., d.b.a. Jammin' Joe's, 4700 Kipling Street, Wheat Ridge, Colorado-, seconded by Ms. Peterson; carried 7-0. Item 4. Motion by Mr. Alldredge to approve the Findings and Order on Show Cause Hearing for 44 Club, 12100 West 44th Avenue, Wheat Ridge, Colorado, and authorize the Chair and Clerk to sign and distribute the findings; seconded by Mr. Davia; carried 6-0 with Mr. Davis abstaining. Mr. Davis asked that the City Attorney prepare a written statement addressing the protocol of swearing in witnesses. His recollection is that witnesses used to be sworn in during Show Cause hearings. Consensus was in favor of the Attorney preparing the Memo. Meeting adjourned at 9:51 a.m. Christa Jones, Deputy ity Clerk APPROVED BY THE LIQUOR AUTHORITY ON MAY 10, 2004 BY A VOTE OF David Berry, Chair