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HomeMy WebLinkAboutSigned 8-26-21 LaFondaMINUTES FOR LIQUOR AUTHORITY MEETING CITY OF WHEAT RIDGE, COLORADO 7500 West 29th Avenue, Municipal Building August 26, 2021 This meeting was held in person, in the city council chambers located at 7500 W. 29th Avenue, Wheat Ridge Colorado 80033. Chair DiTullio called the Liquor Authority Meeting to order at 9:00 a.m. Liquor Authority Members present Rocco Germano, Cynthia Shaw, Jerry DiTullio, Juanita Stites, Michael Betterton, Morgan Richards, Edward Volk Absent: Lenny Ortiz, excused Also present: City Clerk, Steve Kirkpatrick; Deputy City Clerk, Robin Eaton; Assistant City Attorney, Joe Rivera; WRPD Detective Charles Hemming; Licensee for La Fonda Mexican Restaurant, Alex Padilla APPROVAL OF MINUTES OF July 22, 2021 Chair DiTullio asked for any addition or changes to the minutes and finding none, let the minutes stand as published. Item 1. Chair DiTullio opened the public hearing and introduced item 1. Show Cause Hearing on alleged Liquor Code Violations for Padilla Juana Padilla Alejandro Partnership dba La Fonda Mexican Restaurant (Licensee) 5750 W. 38th Avenue, Wheat Ridge, Colorado 80212 After a brief review of the components for a show cause hearing, a presentation was given by Mr. Rivera to where Mr. Padilla agrees to plead guilty and admit to the violations, and he asks the board for a motion accepting the facts of the stipulation. Motion by Member Betterton to permit the licensee to stipulate to the factual basis of the alleged violation of the Colorado liquor code, seconded by Member Richards, motion carried 6-0 Chair DiTullio swore in the people to give testimony 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 Mr. Padilla Liquor Authority Hearing, August 26, 2021 if he accepted those facts which he answered yes. He then asked the board for a motion for finding violations as accepted. Motion by Member Betterton that based on the stipulated facts, to find the licensee, La Fonda Mexican Restaurant, violated C.R.S. § 44-3-901 (1) (H) on, or about, June 22, 2021 seconded by Member Richards, motion carried 7-0 Staff Report Detective Hemming recommends 3 days suspension and all three days held in abeyance. Chair DiTullio asked the Detective about requiring TIPS training as well which in response there was none. Mr. Padilla made statements to the fact that he was confused, had a lot of things going on at the time and missed a few emails from the city about his license. He was confused also as the State had paid for part of his license renewal and that this had never happened before in 20 yrs. It was confirmed by Chair DiTullio that the licensee had received those emails from the city clerk and to watch his emails in the future. Motion by Member Betterton that based on the finding of the Licensee's violation of C.R.S. 44-3-901 (1) (H), to impose the following sanction of 3 days suspension with those three days held in abeyance, motion seconded by Member Stites, motion carried 6-1 with Member Volk voting no, that the penalty wasn’t harsh enough. Motion by Member Betterton to instruct the Liquor Authority's counsel to draft and present for approval at the next Liquor Authority meeting, a proposed Finding and Order on Show Cause Hearing for this matter, seconded by Member Shaw, motion carried 6-1 with Member Volk voting no. Item 2 Introduced by Chair DiTullio Update LLA Board for Alcohol Beverage Festival (ABF) permit process proposal. Staff Report Deputy Clerk Eaton gave an update to where the Liquor Enforcement Division (LED) held a video conference with the City and County Clerks, effectively explaining the allowances of the newly passed SB 082-2021. Here where it was only surmised before, it was confirmed that this bill allows for on-premises liquor licensees to take their alcohol business and trade to any approved location in the State of Colorado. This to include take out or delivery of alcohol beverages as well. Liquor Authority Hearing, August 26, 2021 He reported on the potential problems that these permits, if issued only by the State, could have on local business and citizens and what processes could be put into place to have them be a benefit to the citizens and local economy instead. Some of those items that were listed in the memorandum to the board, including: 1. Applications must be submitted no less than 30 days, prior to the event. 2. Must include at least one City of Wheat Ridge liquor licensee. 3. Must have control features in place at the event to include, at a minimum, rope barriers to designate the area, designated access/exit points, 4. Permittee supplied security personnel on-site, with approved 21 yr. old I.D. bracelets, 5. Management from at least one participating licensees onsite at all times, posted minor warning signa, no sales to intoxicated persons and no alcohol past this point signage. 6. City Application fees of $300 He spoke also of the LED not reporting past wine festivals to the local authorities which were complained to them by jurisdictions such as the Towns of Cedaredge, and Elizabeth, along with Adams County to name a few. A locally issued permit by the City of Wheat Ridge would of course alleviate that concern as well. He highly suggests that the items listed in the memorandum be reviewed and approved to take to city council for approval. Making note that the Bill passed by legislature was originally written in 1999 by the wineries lobbyist and more recently re-introduced as written, by the retail alcohol industry lobbyist. Board questions and discussion Member Betterton asked about the security part of the application where it concerns special event permits. Mr. Eaton responded that the required security item is only where it pertains to a true alcohol beverage festival (abf) permit holder. This would help take most of the burden off from the WRPD Member Richards asked about what events that we have currently, will this bill affect. Mr. Eaton answered that currently or in the past, there have not been any such festival permits issued in the City of Wheat Ridge. The rules from the State will not be effective until January, even they plan on going live with the application in the first part of September. Mr. Rivera inquired that this bill effectively expands the current wine festival into a broader permit that allows the sale of more than wine. Mr. Eaton responded that this new law allows a festival permittee to sell alcohol by the drink as well as alcohol to go. Member Germano asked about the permit needing to be on an existing licensed premises or nearby to one. Mr. Eaton stated that these permits are not required to be Liquor Authority Hearing, August 26, 2021 on a specific licensed premises as reported by the LED. They can be on any public or private area, not to include or be contiguous to a current licensed premises. Deputy Clerk described the control items listed for our local permit which would have stricter requirements than the state, included permit area delineation and identification bracelets which are both good compliance items. Discussion followed Topics included: History of violations, what is good cause; within one year up to three •Items included for denial of application •Hearings for applicants allowed for denials •Who would know of a habitual drunkard? Chair DiTullio recommended that any applicant which had a major violation pursuant to a level three violation as listed in State Regulations 47-603, maybe granted a permit by hearing in front of the board. With no violations, the permit can be signed off on by the Liquor board chair. If an application is denied by the chair, they would have the availability to request a hearing by the board. Motion by Member Richards to have both the Board Chair and the Vice Chair sign off to approve the alcohol festival permit application. Motion fails for lack of a second City Clerk Kirkpatrick endorses the deliberation and supports the measures to regulate the festivals, even if it gives cause for amendments later on. CITY CLERK’S MATTERS Deputy Clerk relayed that Sept 23rd hearing for a new brewpub liquor license for dba Mestizo Brewing at 38th and Pierce. There are also a few outstanding transfer applications, those being DiFeo’s Taverns, Vern’s Liquor and DS Liquors on 44th avenue. CITY ATTORNEY’S MATTERS - none POLICE DEPARTMENT MATTERS - none LIQUOR AUTHORITY MEMBERS MATTERS Member Volk asked about the $300 fee for the permit being appropriate. Chair DiTullio asked that the draft resolution be brought to the authority at the Sept. 23rd meeting, which was confirmed by all in attendance.