MINUTES FOR LIQUOR AUTHORITY MEETING. CITY OF WHEAT RIDGE, COLORADO 7500 West 29th Avenue, Municipal Building. July 25, 2013
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1 MINUTES FOR LIQUOR AUTHORITY MEETING CITY OF WHEAT RIDGE, COLORADO 7500 West 29th Avenue, Municipal Building July 25, 2013 Mrs. Peterson called the Liquor Authority Meeting to order at 9:00 a.m. Liquor Authority Members present John Miks Carolyn Peterson Paul Shaver Claudia Worth Kent Davis Anthony Davia Members Absent Robert Alldredge Also present Deputy City Clerk, Bruce Roome; City Attorney, Chris Price; Office Tyler Josifek, Wheat Ridge Police Department; Officer Steve Berkowitz, Wheat Ridge Police Department; staff; interested citizens. APPROVAL OF MINUTES OF June 20,2013 Motion by Mr. Davis to approve the minutes of June 20, 2013: seconded by Mr.Miks; carried with Mr. Davia abstaining due to his absence from the meeting. Item 1. Show Cause Hearing for alleged Code of Laws Violation at YSK Group, Inc. db a "Valley Liquor", 4992 Ward Rd, Wheat Ridge, Colorado, Young RanCho, Young Lee, owners, and Yoon Joo Mager, interpreter, appeared on behalf of Valley Liquor. Opening Statements Via Interpreter Mager Young RanCho stated she was sorry that the alcohol was sold and it was her fault that the ID was not checked.
2 Page 2 Violation Phase Officer Josifek, Wheat Ridge Police, testified as to his involvement in the liquor compliance checks that occurred on May 9, Officer Josifek stated that Dulce Sanchez, 19 year old female, was the underage buyer for the operation and Officer Barry Malloy was the undercover officer on the operation. Officer Josifek confirmed that at approximately 5 pm on May 9, 2013 they were at Valley Liquor where Ms. Sanchez was able to purchase alcohol. Officer Josifek took custody of the alcohol and returned to the business and cited the person who sold the alcohol, Mr. Young Lee. He was cited with sales to a minor. Mr. Price entered into the record all documentation produced by Wheat Ridge Police Department and Officer Josifek. Dulce Sanchez, citizen volunteer and underage liquor buyer, testified as to her participation in the operation. Ms. Sanchez explained to the Authority exactly what her role was which included going into the liquor store and trying to purchase a six pack of beer. Ms. Sanchez stated that she was 19 years old when she purchased the alcohol. Mr. Price also made part of the record the request for show cause paperwork, notice of show cause hearing paperwork, all mailings and certificate of mailing, as well as relevant portions of the State Liquor Code. Motion by Mr. Davia that a violation of CRS Section (5)(a)(l) did occur; seconded by Mr. Davis; carried 6-0 On behalf of the City Officer Berkowitz recommended a 3 day suspension with 2 days held in abeyance for a period of 12 months. Motion by Mr. Davis to direct the City Attorney to prepare findings for this meeting and further move to suspend the license of YSK Group, Inc. dba "Valley Liquor", 4992 Ward Rd, Wheat Ridge, Colorado, for a period of 3 days. The days to be served are August 7, August 8, and August 9, Mr. Davis further moved that 2 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. The days held in abeyance are August 7, 2013 and August 8, 2013 and the day served will be August 9, Seconded by Mr. Miks; carried 6-0 Item 2. Show Cause Hearing for alleged Code of Laws Violation at Old Prospectors Liquors, Inc. dba "Old Prospectors Liquors", 5012 Kipling St, Wheat Ridge, Colorado, 80033
3 Page 3 Yung lk Kim, Owner, and Nicholas Chin, Interpreter, appeared on behalf of Old Prospectors Liquors. Opening Statements Via Interpreter Chin Mr. Kim stated he was sorry for not educating his employees about the importance of checking I D's, he promises it will never happen again. Violation Phase Officer Tyler Josifek, WRPD, testified as to his capacity with the City as a police officer. Officer Josifek described his actions at Old Prospectors Liquor as the uniformed officer. Mr. Price entered into the record all documentation produced by Wheat Ridge Police Department and Officer Josifek. Mr. Price also made part of the record the request for show cause paperwork, notice of show cause hearing paperwork, all mailings and certificate of mailing, as well as relevant portions of the State Liquor Code. Dulce Sanchez, citizen volunteer and underage liquor buyer, testified as to her participation in the operation. Motion by Mr. Miks that a violation of CRS Section (5)(a)(l) did occur; seconded by Mr. Shaver; carried 6-0 Mr. Roome read into the record that on 4/15/13 was found guilty by the Wheat Ridge Liquor Authority of a violation of C.R.S , et seq.) and Section {e) of the Code of Laws of the City of Wheat Ridge both read in pertinent part: It is unlawful for any person... [t]o sell, serve, give away, dispose of, exchange, or deliver or permit the sale, serving, giving, or procuring of any [alcohol beverage] to a visibly intoxicated person. On behalf of the City Officer Berkowitz recommended a 6 day suspension with 3 held in abeyance for a period of 12 months. Motion by Mr. Miks to direct the City Attorney to prepare findings for this meeting and further move to suspend the license of Old Prospectors Liquors, Inc. dba "Old Prospectors Liquors", 5012 Kipling St, Wheat Ridge, Colorado, for a period of 6 days. The days are to be served from August 7, 2013 to August 12, Mr. Miks further moved 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
4 Page4 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. The days held in abeyance are August 10, 2013, August 11, 2013 and August 12, 2013 and the day served will be August 7, 2013, August 8, 2013 and August 9, Seconded by Mr. Davis; carried 6-0 Item 3. Public Hearing on Application for a Transfer of Ownership of a Hotel & Restaurant Liquor License, The Office Bar & Lounge, LLC dba 'The Office Bar & Lounge", 7000 W h Avenue, Wheat Ridge, Colorado, Tuyet Nguyen, Owner, was present to answer any questions from the Liquor Authority. Motion by Mr. Davia to approve the Transfer of Ownership from Cebiche Authentic Peruvian Dining to The Office Bar & Lounge LLC dba "The Office Bar & Lounge", 7000 W. 38th Avenue, Wheat Ridge, Colorado, for the following reasons: 1. All applications and fees required by statute have been filed and paid. 2. The applicant is entitled to occupancy of the premises by a lease dated March 4, Seconded by Mr. Miks; carried 4-2 with Mrs. Peterson and Mr. Shaver voting No. Item 4. Request for a Show Cause Hearing for alleged Code of Laws Violation at El Jalisciense LLC dba "EI Jalisciense", 4105 Wadsworth Blvd, Wheat Ridge, Colorado, Officer Berkowitz gave a summary of the case before the Liquor Authority Motion by Mr. Miks that a Notice of Hearing and Order to Show Cause be prepared by the City Attorney and executed by the City Clerk's Office and is issued to the owner of El Jalisciense LLC dba "EI Jalisciense", 4105 Wadsworth Blvd, Wheat Ridge, Colorado, 80033, based on allegations contained in the attached Notice of Alleged Liquor Code Violation. The hearing is to be scheduled for August 22, 2013 at 9:00a.m. Seconded by Mr. Shaver; carried 4-2 Mr. Davis and Mr. Davia voting No CITY CLERK'S MATTERS Mr. Roome reminded the Authority members of upcoming meetings on August 8 1 h and August 22nd_ CITY ATTORNEY'S MATTERS None
5 Page 5 POLICE DEPARTMENT MATTERS None Meeting adjourned at 9:59 am. Bruce Roome, Deputy City Clerk APPROVED BY LIQUOR AUTHORITY ON August 8, 2013 BY A VOTE OF 0 6 TO
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