HomeMy WebLinkAbout06/14/2007MINUTES FOR
LIQUOR AUTHORITY MEETING
CITY OF WHEAT RIDGE, COLORADO
7500 West 29th Avenue, Municipal Building
June 14, 2007
The Liquor Authority Meeting of June 14, 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; John Miks; Frank Sanzalone. Carolyn
Peterson and Judy DiCroce were absent. Also present: Deputy City Clerk,
Christa Jones; City Attorney, Debra Kalish; Police Sergeant Paula Balafas.
APPROVAL OF MINUTES OF May 24, 2007
Motion by Mr. Miks for the approval of the Minutes of May 24, 2007; seconded by
Mr. Sanzalone; carried 4 in favor with Mr. Davis and Mr. Alldredge abstaining
because they were not present at the meeting.
Item 1. Show Cause Hearing on Stan's Caravan, 11221 West 44th Avenue,
Wheat Ridge.
Christa Jones presented the staff report.
City Attorney waived opening statements.
Officer Charles Rush was sworn in by the Chair and testified to the events of
April 9, 2007 as contained in the Notice of Alleged Liquor Code Violation and the
Police Report attached to the Agenda Packet.
Sergeant Paula Balafas was sworn in by the Chair. She has conducted liquor
training classes since 1995 and briefly described the material covered in the
classes. One of the subjects is signs of intoxication, such as bloodshot watery
eyes, slurred speech, and difficulty standing. Stan has attended 2 of these
classes.
Stan Babuszczak was sworn in by the Chair. He has been a bartender for 14
years, almost 4 years at Stan's.
LIQUOR AUTHORITY MINUTES: June 14, 2007 Page -2-
He is a pretty good judge of when somebody has been drinking too much, such
as slurring of words, the way they hand you the money, the way they walk away.
They open at 7:00 a.m. and close at 1:30, sometimes earlier. Clyde was a
regular customer but is no longer welcome because he is known as a "Habitual".
On the day in question, Clyde got there at 7:00 and left around 11 or 11:30.
Stan stated several times that Clyde had not had any whiskey at the bar, only
beers. Clyde told the Officer that he had consumed whiskey, so he must have
had whiskey somewhere else.
City Attorney Debra Kalish presented summary of facts.
Stan reiterated that he did not serve any hard liquor to Clyde.
FACT FINDING PHASE:
Motion by Mr. Davis that the Liquor Authority finds that a violation of C.R.S.
Section 12-47-901(5)(a)(1) occurred; seconded by Mr. Miks; carried 6-0.
Sgt. Balafas stated that the licensee had one previous violation in 2005, but has
stayed within the law since then. Stan attended 2 classes since then. She
recommended 3 days suspension with 1 day served.
Stan stated again that he did not serve any hard liquor. They have tried very hard
to run a good bar. He was involved in 2 stings and has passed those. They are
doing an excellent job in running a good bar.
PENALTY PHASE:
Motion by Mr. Alldredge to direct the City Attorney to prepare findings for this
meeting and further move to suspend the license for Stan's Caravan, 11221
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; seconded by Mr. Davis;
carried 6-0.
LIQUOR AUTHORITY MINUTES: June 14, 2007 Page -2-
Item 2. Acceptance of Findings and Order on Show Cause Hearing for
Bradley's, 7403 West 38th Avenue, Wheat Ridge.
Motion by Mr. Miks to approve the attached Findings and Order on Show Cause
Hearing for Bradley's, 7403 West 38th Avenue, Wheat Ridge, and authorize the
Chair and Deputy City Clerk to sign and distribute the findings; seconded by Mr.
Sanzalone; carried 4-0 with Mr. Davis and Mr. Alldredge abstaining.
Meeting adjourned at 9:45 a.m.
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Christa Jones, Deputy City Clerk
APPROVED BY LIQUOR AUTHORITY ON JUNE 28, 2007 BY A VOTE OF
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David-$6r , 'quor Authority Chair