HomeMy WebLinkAbout2-27-20 Firefly 7-11MINUTES FOR LIQUOR AUTHORITY MEETING
CITY OF WHEAT RIDGE, COLORADO 7500 West 29th Avenue, Municipal Building
February 27, 2020
Chair McIntyre called the Liquor Authority Meeting to order at 9:00 a.m.
Liquor Authority Members present:
Paul Shaver Anthony Davia Rocco Germano Bruce McIntyre Cindy Shaw
Absent: Carolyn Peterson, Lenny Ortiz, Elizabeth Nazarenus (all excused)
Also present: Deputy City Clerk Robin Eaton; Assistant City Attorney Joe Rivera;
WRPD Detective Charles Hemming; other guests and interested parties
APPROVAL OF MINUTES OF February 13, 2020
Motion by Member Shaver to approve the minutes of February 13, 2020, seconded by
Member Shaw, Motion carried 5-0
Item 1.
Administrative Hearing - Application for Temporary Modification of Premises for
Wrenches Bar & Grill LLC dba Firefly Saloon located at 7605 W. 44th Avenue Unit F,
Wheat Ridge, Colorado 80033 Introduced by Chair McIntyre
Deputy Clerk Eaton gave the staff report where it was explained that the applicant is
currently transferring the liquor license for the old Busty G tavern and is desirous to
have the grand re-opening and other festive events in the parking lot area. The areas
are compliance with State liquor rules, the application and new diagram need to be
approved and sent to the State Liquor Enforcement for the permit. This application
meets all of the requirements for issuance.
Chair McIntyre swears in the applicant Lisa Sanchez
Board Questions
Member Shaver asks if a special use permit would be issued instead of a temporary
modification. Deputy Clerk Eaton responds that a permit is required to modify a licensed
premises if it substantially alters the primary licensed premises as it does in this case.
Member Germano asks the applicant if they will be making sure no one leaves the
licensed premises intoxicated or with alcohol which Ms. Sanchez responded that the
area will have barricades and security personnel that will make sure that no one does.
Deputy Clerk made mention that the barricades are being put up voluntary by the
licensee as there is no requirement in city or state code for those types of control
features. He thinks it might be a good item to bring up at City Council study session to
enact an ordinance to require proper control features at outside areas.
Motion by Member Davia to approve the application for a Temporary Modification of
Premises for Wrenches Bar & Grill LLC dba Firefly Saloon located at 7605 W. 44th
Avenue Unit F, Wheat Ridge, Colorado 80033 for the following reasons:
(1)All applications and fees required by statute have been filed and paid.
(2)The applicant is in possession of the property
(3)The applicant is in compliance with the applicable zoning laws and within the
distance prohibition in regard to any public or parochial school or the principal
campus of any college, university, or seminary.
Seconded by Member Germano, motion carried 5-0
Item 2
Show Cause Hearing on alleged Liquor Code Violations for Thangugal Groups Inc. dba
7 Eleven Store #18497A, located at 5010 Kipling Street, Wheat Ridge CO 80033
Introduced by Chair McIntyre
Presentation by Mr. Rivera who started by going over the venue for show cause
hearings. He then gave an opening statement addressing the charges of selling
alcohol to a visibly intoxicated person.
Chair McIntyre swore in the licensee Vijay Thangughal (VJ), representing Thangughal Groups Inc.
Opening statement by VJ describing how he could not find any incidents in the past for
the last time his establishment had sold to an intoxicated person. He stated that 7-Eleven does their own internal sting operations every month to test that the employees are properly trained to spot underage and intoxicated persons. All of the clerks had recently undergone such in house sting operations, passed them and showed
confirmations that they were done.
Officer Brown from the WRPD was sworn in and testified that on September 24, 2019 he was on swing shift and was dispatched to the area on a separate call for a suspicious person and while doing so he spotted a person behind the 7-11 matching the
description, who was found to be intoxicated. A body camera video was taken of the
interaction with the person.
Mr. Rivera entered the Body cam Video evidence which was shown to the board of the intoxicated person being contacted by WRPD, along with the store clerk questioning of
the violation.
Officer Brown answered that the individual had admitted to being intoxicated and stated that the clerk had also admitted to him that she sold alcohol to the intoxicated individual and that she knew it was against the law to do so, but thought that law only applied in
bars.
VJ asked to see that part of the body cam video that shows where the clerk stated that there is a law about the bar not serving alcohol to an intoxicated person and where she wasn’t given her Miranda rights. Officer Brown stated the Miranda is not required as
she wasn’t taken into custody.
Officer Brown was asked by Mr. Rivera about the time loop of the camera which he stated that it’s usually in a 30 second loop until they switch the mode and he confirmed 99.99% that the clerk admitted to them that she sold alcohol to the intoxicated person.
No rebuttal was entered
Detective Hemming was also sworn in and answered questions to what he does concerning liquor enforcement and that he was aware of the case at the 7-eleven. He
described that the clerk was found guilty at criminal trial for the sale of alcohol to a
visibly intoxicated person.
Entered into evidence was his statement that the clerk was cited and found guilty of selling to the intoxicated person. The stores security video tape was also entered into
evidence and was shown to the board of the transaction and alleged violation of selling
alcohol to an intoxicated person.
VJ responds that his interpretation to the video is that he cannot see an intoxicated man in the video as it’s not the same man Officer Brown contacted behind the building. He is
not falling down, dropping things or is angry and wasn’t shown to be intoxicated.
Mr. Rivera closed the evidentiary portion and asks the board for deliberations.
Member Davia asks about how long it was between when the beer was bought and the
officers found the man out back which Detective Hemming responded about15 minutes.
Member Germano asked who called WRPD for the intoxicated person behind 7-11 where Detective Hemming said the officers were called to the area for a suspicious person and the officers then found the person on the ground.
Member Shaver asked he was able to stand up and walk by himself and if they took this person back into the store. Det. Hemming responded that Officer Brown had to help him stand up greatly and then he was transported to detox. His interpretation from the officer’s video is that the clerk knew who the officers were talking about.
Chair McIntyre asked about the cans of beer that were found and was answered that both cans were found full and were not taken into evidence.
Member Shaw asked how long the clerk had been working for the 7-11 which VJ
responded that she had been employed for the past 15 years with training every year.
He thinks that whether she unknowingly sold to this person he doesn’t know and states that she is still employed at the facility.
Motion by Member Davia that finds a violation under C.R.S.44-3-901(1)(b)(I) did occur,
seconded by Member Shaw, motion carried by 5-0
Motion by Member Davia that finds a violation under City of Wheat Ridge Municipal Code Section 16-127(e) did occur, seconded by Member Shaw, motion carried by 5-0
Detective Hemming list details that are important to consider, even with video evidence
and testimony given, that there has been no real admission of wrong doing or remorse. Also the alcohol was not unknowingly sold or the clerk was confused whereas as was testified because she admitted to selling it and that she knew the person was intoxicated at the time. An item aggregating this case is for all of talk about the
supposed training that goes on; why still was there a violation that occurred.
After learning that the parent owner, 7-Eleven Inc. did not sanction this store for the violation, Detective Hemming recommends between 3-5 days of suspension.
VJ believes that his store will be taken away from him for getting a suspension for 5
days and asks how that suspension will help him as what good will it do, especially since bigger laws are being broken. He pleads for mercy and asks for probation instead.
Chair McIntyre states that it is hard to hear the municipal court simply gave the clerk a
suspended sentence and no actions were taken by the licensee to reprimand the clerk outside of being re-trained.
Member Germano finds it hard to believe that 7-Eleven will take his franchise store
away from him for in all of his years sitting on boards he has never heard of that being
done before.
Motion by Member Davia to suspend the license for a total of five days, with two days held in abeyance for one year and three days being served. Those days will be left to the City Clerk’s office to decide when; seconded by Member Germano, motion carries
5-0.
Motion by Member Davia to request the city attorney’s office to draft and serve a final
findings and order notice for this matter, seconded by Member Shaw, motion carried 5-0
CITY CLERK’S MATTERS
CITY ATTORNEY’S MATTERS
POLICE DEPARTMENT MATTERS
LIQUOR AUTHORITY MEMBERS MATTERS
ADJOURNMENT
Meeting adjourned at 10:29 a.m.
_________________________________ Robin Eaton, Deputy City Clerk
APPROVED ON March12, 2020 BY A VOTE OF _4____ TO _1_ with Ortiz Abstaining
______________________________________ Bruce McIntyre, Liquor License Authority Chair