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HomeMy WebLinkAbout09/13/2007MINUTES FOR LIQUOR AUTHORITY MEETING CITY OF WHEAT RIDGE, COLORADO 7500 West 29th Avenue, Municipal Building September 13, 2007 The Liquor Authority Meeting of September 13, 2007 was called to order by Chairman Berry at 9:00 a.m. Liquor Authority Members present: Robert Alldredge; David Berry; Anthony Davia; Judith DiCroce; John Miks; Carolyn Peterson. Frank Sanzalone and Kent Davis were absent. Also present: Deputy City Clerk, Christa Jones. APPROVAL OF MINUTES OF August 23. 2007 Motion by Mr. Miks for approval of the Minutes of August 23, 2007; seconded by Mr. Davia; carried 6-0 Item 1. Public Hearing on Application for a new Hotel & Restaurant Liquor License for Icon Burger Acquisition 2006-3, LLC, d.b.a. "smashburger', 3356 Youngfield Street, Wheat Ridge. Christa Jones presented the staff report Robert Dill, attorney, introduced Mark Clark, Director of Operations for smashburger, who was sworn in by the Chair. He described the way they run the business and the procedure for serving alcohol. Max Scott, Oedipus, Inc. was sworn in by the Chair. He described the procedure for the survey and testified to the results. Motion by Mr. Alldredge to approve the application for a new Hotel & Restaurant Liquor License for Icon Burger Acquisition 2006-3, LLC, d.b.a. "smashburger", 3356 Youngfield Street, Wheat Ridge, Colorado, 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 February 21, 2007. Liquor Authority Minutes: September 13, 2007 Page -2- (4) The evidence adduced at the Public Hearing on September 13, 2007 established that the desires of the residents of the neighborhood under consideration are for granting this license, as evidenced by petitions bearing: 156 signatures favoring issuance and 15 signatures opposing issuance, and that issuance of this license is consistent with the needs of the neighborhood under consideration. WITH THE FOLLOWING CONDITION: If the Police and CBI Investigations turn out less than favorable for the applicants, the Authority may re-hear this case and the applicants may be required to surrender their license. Seconded by Mr. Miks; carried 6-0. Item 2. Application for Transfer of Ownership from Family Fun Center Inc., d.b.a. "Paradise Billiards", 5250 W. 38th Avenue, Wheat Ridge, to H.A.K. Inc., d.b.a. "Hanks Billiards". Christa Jones presented the staff report. Henry Rivera, applicant, was sworn in by the Chair and answered questions. He has been in the bar business for 28 years. Motion by Mrs. DiCroce to approve the Transfer of Ownership from Family Fun Center, d.b.a "Paradise Billiards", 5250 W. 38th Avenue, Wheat Ridge, to H.A.K., Inc., d.b.a. "Hanks Billiards", for the following reasons: 1. All applications and fees required by statute have been filed and paid. 2. The applicant will be entitled to occupancy of the premises by virtue of a signed lease dated September 1, 2007. 1 further move that the applicant be issued a temporary Tavern Liquor License. With the following condition: If the CBI and Police Investigations result in a less than favorable report, the applicant might be required to surrender his license or have another hearing before the Liquor Authority. Seconded by Ms. Peterson; carried 6-0. Liquor Authority Minutes: September 13, 2007 Page -3- Item 3. New application for a Retail 3.2% Beer Off-Premises License for Circle K Stores, Inc., d.b.a. "Circle K Store #2709885", 4885 Kipling Street. (Set public hearing date and order survey) Christa Jones presented the staff report. Motion by Mr. Davia to order a survey to establish the needs and desires of the neighborhood within the area of 4885 Kipling Street, in the City of Wheat Ridge. I further move to set a public hearing date for Thursday, October 25, 2007 at 9:00 a.m. and order the property posted and the public hearing published in the Wheat Ridge Transcript; seconded by Ms. Peterson; carried 6-0. Item 4. New application for a Retail 3.2% Beer Off-Premises License for Circle K Stores, Inc., d.b.a. "Circle K Store #2709870", 3805 Kipling Street. (Set public hearing date and order survey) Christa Jones presented the staff report. Motion by Ms. Peterson to order a survey to establish the needs and desires of the neighborhood within the area of 3805 Kipling Street, in the City of Wheat Ridge. I further move to set a public hearing date for Thursday, October 25, 2007 at 9:00 a.m. and order the property posted and the public hearing published in the Wheat Ridge Transcript; seconded by Mr.Alldredge; carried 6-0. Item 5. New application for a Club License for Order of Sons of Italy in America #2075, 5925 West 32nd Avenue, Denver. (Set public hearing date and order survey) Christa Jones presented the staff report. Motion by Mr. Miks to order a survey to establish the needs and desires of the neighborhood within the area of 5925 West 32nd Avenue, in the City of Wheat Ridge. I further move to set a public hearing date for Thursday, October 25, 2007 at 9:00 a.m. and order the property posted and the public hearing published in the Wheat Ridge Transcript; seconded by Mr. Alldredge; carried 6-0. Motion by Mr. Alldredge to cancel the meeting of October 11, 2007; seconded by Ms. Peterson; carried 6-0. Liquor Authority Minutes: September 13, 2007 Page -4- INFORMATION AND/OR DISCUSSION Background Report on Russell Parker (Spitfire Lounge) Police Report on Jammin' Joe's employees Police Reports on Paradise Billiards Motion by Mr. Alldredge that the Chair write a certified letter to Mr. Parker notifying him of the fact that it has come to the Authority's attention that he failed to disclose his previous arrest record on his background report. The Authority takes this very seriously. We are requesting acknowledgement of this letter as well as a written response to this issue within 60 days. The Liquor Authority will either review the response or failing to receive a response review the entire issue; seconded by Mr. Davia; carried 6-0. Meeting adjourned 10:16 a.m Christa Jones, Deputy City Clerk APPROVED BY LIQUOR AUTHORITY ON October 25, 2007 BY A VOTE OF _6--TO 0 W ITN nfc-, VI5 A8,<Sl /1(h/i tJ61 Davi , r it