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HomeMy WebLinkAboutLiquor Minutes 06/26/2008MINUTES FOR LIQUOR AUTHORITY MEETING CITY OF WHEAT RIDGE, COLORADO 7500 West 29th Avenue, Municipal Building June 26, 2008 The Liquor Authority Meeting of June 26, 2008 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; John Miks; Carolyn Peterson; and Frank Sanzalone. Also present: Deputy City Clerk, Christa Jones; City Attorney, Deborah Kalish; Police Sergeant Paula Balafas; interested citizens. APPROVAL OF MINUTES OF April 24. 2008 Motion by Mr. Davis for approval of the Minutes of April 24, 2008; seconded by Mr. Miks; carried 8-0. Item 1. Show Cause Hearing for Gas Plus, 6595 West 44th Avenue, Wheat Ridge, Colorado. Christa Jones presented the staff report. City Attorney and Licensee waived opening statements. City Attorney presented summary of the facts as described in the police report. Sam Nekouie was sworn in and stipulated to the facts as presented. FACT FINDING PHASE. Motion by Mr. Alldredge to find that a violation of C.R.S. Section 12-47- 901(5)(a)(1) occurred; seconded by Mr. Davia; carried 8-0. PENALTY PHASE: Sgt. Balafas stated that Gas Plus had had a clean slate, but didn't attend any of the liquor classes. She asked that the Liquor Authority require the Licensee and his employees to attend one of the two remaining classes offered this year. The next class will be on Sunday, September 14. Motion by Mr. Miks to direct the City Attorney to prepare findings for this meeting and further move to suspend the license for Gas Plus for a period of 3 days. LIQUOR AUTHORITY MINUTES: June 26, 2008 Page -2- He further moved that 3 days be held in abeyance for a period of 6 months, beginning June 26, 2008 and ending at midnight on December 26, 2008, 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 Code of Laws during the period of abeyance, or the Licensee fails to comply with any aspect of this Order; the abyance of the suspension is expressly conditioned upon Mr. Nekouie's and all of Licensee's employees who handle alcohol beverages attending one of the City's liquor license training classes scheduled to be held before the end of this year; seconded by Mr. Sanzalone; carried 8-0. Item 2. Show Cause Hearing for Jammin' Joe's, 4700 Kipling Street, Wheat Ridge, Colorado. City Attorney and Licensee waived opening statements. City Attorney dropped the charges against Jammin' Joe's regarding Elizabeth Imes, because she was not an employee of the establishment. City Attorney presented the summary of facts in the police report. Yolanda Gendill was sworn in and stipulated to the allegations. FACT FINDING PHASE: Motion by Mr. Miks to find that a violation of C.R.S. Section 12-47-901(5)(a)(1) and (b)(1) occurred; seconded by Ms. Peterson; carried 8-0. PENALTY PHASE: Ms. Gendill explained that she was not present during the evening in question, but that neither Mr. Rodgriguez Jr. nor Mr. Rodriguez III were any longer on her staff. Ms. Imes was the girlfriend of Mr. Rodriguez III and not employed by Jammin' Joe's. Sgt. Balafas stated that employees and the owner of Jammin' Joe's had faithfully attended the liquor classes offered by the City. Motion by Mr. Davia to direct the City Attorney to prepare findings for this meeting and further move to suspend the license for Jammin' Joe's for a period of 3 days. One day shall be served if and when Ms. Gendill reopens a liquor- licensed establishment in the present Jammin' Joe's location. Two of the three days are to be held in abeyance for a period of 1 year from the time Ms. Gendill reopens a liquor licenses establishment in the present Jammin' Joe's location 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 Code of Laws during the period of abeyance, or the Licensee fails to comply with any aspect of this Order; seconded by Mr. Alldredge; carried 8-0. LIQUOR AUTHORITY MINUTES: June 26, 2008 Page -3- Motion by Mr. Davis to set another hearing after the Gendill's divorce proceedings and consider revocation of the license; seconded by Mrs. DiCroce; Failed 2-6 with Mr. Davis and Mrs. DiCroce voting yes. Item 3. Show Cause Hearing for Long Shots Bar & Grill, 4400 Ward Road, Wheat Ridge, Colorado. James Frisk and Jeremy Frisk were sworn in by the chair. City Attorney and Licensee waived opening statements. City Attorney presented a summary of the facts as described in the police report. James Frisk stipulated to the facts as presented. FACT FINDING PHASE: Motion by Ms. Peterson to find that a violation of C.R.S. Section 12-47- 901(5)(a)(1) occurred; seconded by Mr. Davia; carried 8-0. PENALTY PHASE: Sgt Balafas stated that Long Shots has always sent staff to their liquor education classes. They have passed 4 liquor stings and failed 2. In each incident it was the doorman who didn't check I.D. She recommended 3 days in abeyance, none served. Mr. Frisk related their improved procedures for checking ID's. They now provide a wristband for every person over 21 and only those persons are served. Motion by Mr. Alldredge to direct the City Attorney to prepare findings for this meeting and further move to suspend the license for Long Shots Bar & Grill for a period of 3 days. He further moved that 3 days be held in abeyance for a period of 6 months, beginning June 26, 2008 and ending midnight on December 26, 2008, 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 Code of Laws during the period of abeyance, or the Licensee fails to comply with any aspect of this Order; seconded by Mr. Miks; carried 8-0. Item 4. Application for a new Hotel & Restaurant Liquor License from ZRC Operations Company, Inc., d.b.a. Qdoba Mexican Grill, 3500 Youngfield Street, Wheat Ridge. (Survey setting only) Christa Jones presented the staff report. LIQUOR AUTHORITY MINUTES: June 26, 2008 Page -4- Motion by Mrs. DiCroce to order a survey to establish the needs and desires of the neighborhood within the area of 3500 Youngfield Street, in the City of Wheat Ridge. I further move to set a public hearing date for Thursday, July 24, 2008 at 9:00 a.m. and order the property posted and the public hearing published in the Wheat Ridge Transcript; seconded by Mr. Davis; carried 8-0. Item 5. Application for Transfer of Ownership from Parker Services LLC, d.b.a. "Spitfire Lounge", 12100 West 44th Avenue, Wheat Ridge, to D Clark LLC, d.b.a. "Catch 22 Lounge". Christa Jones asked that this meeting be continued to July 10, 2008 at the applicant's request. Item 6. Election of Chair and Vice Chair. Nominations were submitted by paper ballot. Cary Peterson is the new chair. Anthony Davia is the new vice chair. 9 c " c~ Christa Jones, Deputy ity Clerk AP ROVED BY LIQUOR AUTHORITY ON JULY 11, 2008 BY A VOTE OF TO O Carolyn eterson, Chair