HomeMy WebLinkAboutLiquor Minutes 09/09/2010
MINUTES FOR LIQUOR AUTHORITY MEETING CITY OF WHEAT RIDGE, COLORADO 7500 West 29th Avenue, Municipal Building September 9,2010 Chairman Davis called the Liquor Authority Meeting of August
12, 2010 to order at 9:00 a.m. Liquor Authority Members present: Robert Alldredge, Richard Rotola, Carolyn Peterson, John Miks, Paul Shaver, Frank Sanzalone, and Anthony Davia. Also
present: City Clerk, Michael Snow; City Attorney, Chris Price; Police Detective, Kyle Eversole; staff; interested citizens. APPROVAL OF MINUTES OF August 26,2010 Motion by Mrs. Peterson
for approval of the Minutes of August 26,2010; seconded by Mr. Miks; carried 8-0. Item 1. Application for Modification of Premises for SL, Inc., d.b.a. Vern's Liquor, 7605 West 44th
Avenue, Unit A, Wheat Ridge Michael Snow presented the staff report. No one was present to answer Board questions. Motion by Mr. Miks to approve the application for a Modification of
Premises for SL, Inc., d.b.a. Vern's Liquor, and to authorize the Chair of the Liquor Authority to sign the application; seconded by Mr. Rotola; Mr. Alldredge suggested the hearing be
postponed to a later date since the applicant was not in attendance for questioning. Mr. Miks agreed and withdrew his motion to approve. Motion by Mr. Alldredge to postpone the hearing
to approve the Modifications of Premises to the Liquor Authority Meeting of September 23rd , 2010 at 9:00am; seconded by Mr. Rotola; carried 6-2 with Board Members Davis and Davia voting
No.
LIQUOR AUTHORITY MINUTES: August 12, 2010 Page -2-Item 2. Application for Transfer of Ownership for 10117 LLC, d.b.a. Clancy's Irish Pub, 10117 West 3th Place, Wheat Ridge. City Clerk
Michael Snow presented the staff report. Applicants, Chad Martin and Jeff Hurlburt were in attendance to speak on their behalf and answer questions from the Authority. Motion by Mr.
Rotola to approve the Transfer of Ownership from 10117 LLC., d.b.a. "Clancy's Irish Pub" to HMX&L, LLC., d.b.a. "Clancy's Irish Pub", 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 11, 2010. 3. The applicant
has been cleared by the Police Department and CBI. Motion seconded by Mr. Alldredge; carried 8-0. Item 3. Show Cause Hearing on alleged Liquor Code Violation at Gold's Corner Grocery,
10021 West 26th Avenue, Wheat Ridge. Mr. Snow presented the staff report. Mr. Gold was present to testify, answering questions from the Authority. Mr. Price provided a summary of the
incident and evidence. Mr. Gold stipulated to the facts presented. FACT FINDING PHASE: Motion by Mr. Miks that the Authority finds that a violation of C.R.S Section 12-47-901 (5)(a)(I)
occurred; seconded by Mrs. Peterson; carried 8-0. PENAL TY PHASE: Motion by Mr. Miks to direct the City Attorney to prepare findings for this meeting and further move to suspend the
license for a period of 3 days. I further move that 3 days be held in abeyance for a period of 12 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 Code of Laws during the period of abeyance, or the Licensee fails to comply with any aspect of
this order; seconded by Mr. Sanzalone;
LIQUOR AUTHORITY MINUTES: August 12, 2010 Page -3-Motion by Mr. Davia to amend the period of abeyance to 6 months; Mr. Miks agreed to a friendly amendment to his original motion. Motion
carried 8-0, as amended. Item 4. Renewal Hearing and Show Cause Hearing on alleged Liquor Code Violation at Super America, LLC, d.b.a. Everyday Stores, 5990 West 38th Avenue. Mr. Snow
presented the staff report. Mr. Snow informed the Authority of written and telephone contact from the owner, Mr. Harbans Lali and from his attorney, Kevin C. Flesch, requesting a postponement
of these hearings. Mr. Lali indicated that his attorney was unable to attend this hearing at the scheduled time. Mr. Flesch indicated in his memo that his client had not received the
complaint relating to the hearing and would not be prepared on this date. Chairman Davis has previously agreed via phone with Mr. Snow, that a postponement was acceptable. Motion by
Mr. Alldredge to postpone the Renewal Hearing and Show Cause Hearing to the Liquor Authority Meeting of September 23,2010 at 9:00am; seconded by Mrs. Peterson; carried 8-0. Meeting adjourned
at 9:44am dJ}~ Michael Snow, City Clerk APPROVED BY LIQUOR AUTHORITY ON SEPTEMBER 23,2010 BY A VOTE OF ''1 TO 0 Kent Davis, Chair