Loading...
HomeMy WebLinkAbout08/01/1973 MINUTES August 1, 1973 A special meeting of the Wheat Ridge City Council was called to order at 5 35 p.m. at 7390 West 38 Avenue by Mayor Albert E. Anderson. Aldermen present were Mary Jo Cavarra, Joseph Donaldson, Calvin Hulsey and Ray Pepe. Alderman Robert Howard arrived prior to the pre- sentation of testimony. Alderman Paul Abramson was absent. Others present were. Mayor Anderson, City Clerk Louise Turner, City Attorney Maurice Fox, Police Officer Piper, Police Cadet Myers, Attorney Michael Villano, Felix Longo and Ronald Graebing. The only matter of business was consideration of an alleged violation of the liquor code by Hillcrest Liquors on June 22, 1973. City Attorney Fox stated the physical evidence, i.e. three 6-packs of beer which were at the police department and that the person who allegedly made the purchase cold not be contacted until 6 DO p.m. Officer Piper gave the following testimony That on June 22, 1973 at 11 45 p.m. he was parked in the parking lot of Hillcrest Liquors at 44 Avenue and Wadsworth and observed parties going into the store empty handed and coming out carrying a box which appeared to hold 6-packs of beer. He observed the vehicle leaving and upon completion of business in which he was involved, he followed it traveling west on 44 Avenue. He overtook and stopped the car and learned the driver was 20 years old, name Michael Meyers. The box held three 6-packs of beer. In answer to questions, the driver said he had purchased it at Hillcrest Liquors, that he had not been asked for I.D. and had not been asked his age. The officer, upon returning to the store found it had been closed for the night. On June 30, 1973, he contacted Felix Longo who had been working in the liquor store on June 22, 1973 and Mr. Longo said he did not remember any such sale. In answer to questions from Council, Officer Piper stated that though the car had not been in sight the entire time, he was able to recognize it because of make, color, license plate and occupants. Also, that occupants appeared to be in their late teens. In answer to question from Attorney Villano, Officer Piper said He was parked directly north of the liquor store, about 100 feet from it, the area was lighted from lights on Wadsworth, in the lot and on the building itself, he could not see what was in the box from the car, the 6-packs had been tagged with "evidence tags", the box was not marked, that he had attempted to contact the store that night but that it was closed, and that the evidence was not available because it was locked up at the police department. Michael Villano, attorney representing Ronald Graebing, the owner of Hillcrest Liquors stated 1. Felix Longo was present. 2. Ronald Graebing, owner was present. 3. That they were at a disadvantage because the accused was not present to identify and that a week is a long time to remember a specific sale, and also, that it was a disadvantage not to have the beer available. Felix Longo of 3625 Vallejo Street in Denver stated in answer to questions from Mr. Villano the following 1. That he was in the store by himself on June 22, 1973. 2. It was open until 12 midnight. 3. He did not recall selling three 6-packs. 4. That the officer had told him the alleged purchaser had a badly deformed hand, and that he did not recollect such a person. 5. That he had worked there three years, and had no problems. 6. That the cost of a six pack on June 22, 1973 was $1.40 and it had since increased to $1.44. MINUTES - August 1, 1973 - Continued -2- Ronald Graebing of 3365 Zephyr Court owner of Hillcrest Liquors stated 1. He was the proprietor and had been for ~h years and had had no problems with law officials. 2. He had been out of town. 3. Beer is priced with tax included for convenience. 4. Price of a 6-pack was $1.40 and for three would be $4.20. 5. That no such amount shows on the cash register tape for June 22, 1973 after 9 00 p.m. 6. That the tape was available to be examined. Motion by Alderman Pepe "I move the temporary suspension of Hillcrest Liquors be removed as of midnight tonight." Motion was seconded by Alderman Hulsey and passed 5-0. Attorney Villano stated to Council that he represented many liquor people in various places including Denver and that he realized the law gives the governing body the right to summarily suspend a license, but that Wheat Ridge was the only place that exercised the summary suspension. Others allowed a man to be heard before taking away his license. That immediacy was not such as to warrant summary suspension which he felt was a violation of due process and endangered a person's livelihood. Motion by Alderman Pepe. "I move we go into an Executive Session." Motion was seconded by Alderman Cavarra and passed 5-0. Meeting was adjourned at 6 15 p.m. ~ -/-- \ k:::-c ,.-I\'-J.~<--1____)//-i?-'1-~ Louise F. Turner City Clerk /""' ,... ,p'!". c -:-~~:.. ,;...7/ 1 / 7 ...<-_ /" ~,- / / /~, ~,