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HomeMy WebLinkAbout7-9-20 Ramblin KickinMINUTES FOR LIQUOR AUTHORITY MEETING CITY OF WHEAT RIDGE, COLORADO 7500 West 29th Avenue, Municipal Building July 9, 2020 Due to technical difficulties along with establishing a quorum with members both in person (4*) and virtually (1**) via Zoom, Chair Germano called the Liquor Authority Meeting to order at 9:30 a.m. Liquor Authority Members present: Lenny Ortiz*, Rocco Germano*, Cynthia Shaw*, Paul Shaver*, Carolyn Peterson** Absent: Anthony Davia, Bruce McIntyre, Elizabeth Nazarenus, 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 June 25, 2020 Motion by Member Shaver to approve the minutes of June 25, 2020; seconded by Member Shaw; Motion carried 5-0. Item 1. Introduced by Chair Germano Show Cause Hearing on alleged Liquor Code Violations for Booze Brothers LLC dba Rambling Rose (Licensee) 10080 West 44th Avenue, Wheat Ridge, Colorado 80033, Wheat Ridge, CO 80033 Presentation by Mr. Rivera Mr. Rivera started by noting for the record that the officer of the company Mr. Major is present at the hearing, and asks to postpone indefinitely the hearing until times allow for an in-person quorum. Prior to Item 2 on the agenda being opened, Assistant City Attorney Joe Rivera asked the owner of Kickin Wings Inc., Shauna Morse if she consents to a virtual - hybrid hearing, which she agreed to. Item 2 Introduced by Chair Germano Show Cause Hearing on alleged Liquor Code Violations for Kickin’ Wings Inc. dba Kickin’ Wings (Licensee) 4990 Kipling St., Unit #15, Wheat Ridge, Colorado 80033 Presentation by Mr. Rivera where Ms. Morse agrees to admit to the violations and he asks the board for a motion accepting the facts of the stipulation. Motion by Member Shaver permitting the licensee, Shauna Morse of Kickin Wings Inc.., in lieu of a hearing, to stipulate to the facts establishing violations, seconded by Chair Germano, carried 5 -0 Deputy Clerk Eaton swore in the plaintiff Mr. Rivera read into the record the details of the show cause order, which was agreed upon by the licensee, which could be then accepted by the board. He asked Ms. Morse if she accepted those facts which she answered yes. He then asked the board for a motion for finding violations as accepted. Motion by Chair Germano finding a violation of the identified liquor codes as stated in the stipulated facts occurred, seconded by Member Shaver, carried 5-0 Staff Report Detective Hemming recommends that a suspension of three days be given, with two days being held in abeyance and that one day be served. He also stated that there had been no known previous violations at the establishment and thinks the selling of sealed container could be afforded leniency, given the current COVID environment. Board questions followed Chair Germano wanted clarity of the recommended penalty. The licensee Ms. Morse gave testimony that she wanted to sincerely apologize for the actions as she is just trying to keep her business afloat to help provide for her son. Deliberations followed Member Shaver asked why the license wasn’t displayed at the time where the licensee says it was there, displayed in a case, although it was shown to be expired. Motion by Chair Germano establishing a penalty on the licensee of a three-day suspension, with two days held in abeyance and the date being served for July 27, 2020 so long as there are no other similar violations in the next 12 months, seconded by Member Shaver, carried 5-0 Motion by Member Shaver to instruct staff to process the late license renewal application administratively, without moving to a renewal hearing, seconded by Member Ortiz, carries 5-0.