Liquor License Authority

7887 E. 60th Ave. Commerce City Commerce City, CO 80022 c3gov.com Meeting Minutes - Final Liquor License Authority Tuesday, July 8, 2014 1:00 PM Council Chambers 1. Call To Order/Roll Call Present 4 - Regular Member Daniel Alire, Regular Member Nit Hamby, Regular Member Susan Carabajal, and Regular Member Rick A. Teter 2. Approval of Minutes Min 14-172 Minutes of the June 3, 2014 Liquor Authority Meeting A motion was made by Regular Member Teter, seconded by Regular Member Alire, that the minutes of June 3, 2014 be approved. VOICE VOTE: Unanimous, all present affirmed. 3. Citizen Communication There were no members from the audience to address the Liquor License Authority. 4. Presentations Assistant City Attorney Greg Graham requested to continue the show cause hearing for Tap A Keg Liquors to September 2, 2014 agenda. Assistant City Attorney Greg Graham requested that the Liquor Authority amend the agenda an hear the show cause hearing for Cheddar, Please! Entertainment "LLC" dba Hard Times next on the agenda. Vice Chair Daniel Alire moved and Authority Member Nit Hamby seconded to amend the agenda to move the show cause hearing for Cheddar, Please! Entertainment "LLC" dba Hard Times before the public hearing for a new retail liquor license by Jans Inc. dba SLJ Liquors. VOICE VOTE: Unanimous, all present affirmed. Pres 14-796 Show Cause Order Tap A Keg Liquors dba Tap A Keg Liquors Young Mi Kim, President 7002 Highway 2 Commerce City, CO 80022 A motion was made by Regular Member Madson, seconded by Regular Member Teter, that the show cause hearing to be continued to September 2, 2014 at 1:00 p.m.. VOICE VOTE: Unanimous, all present affirmed. Commerce City Page 1 Liquor License Authority Meeting Minutes - Final July 8, 2014 Pres 14-752 Cheddar, Please! Entertainment "LLC" dba Hard Times 6771 E. 80TH Avenue Commerce City, CO 80022 Chair Person Kim Madson opened the public hearing. Assistant City Attorney Greg Graham stated that the city and Daniel Leffler, the licensee, have agreed upon a stipulation order of suspension. Mr. Graham continued that after some research that he checked with the state and found that there have been no violations for the past three years. Mr. Graham stated that this case includes two violations: one occuring on March 1, 2014 and then the second occuring on March 8, 2014. Mr. Graham stated that both violations constitute as first offenses. Additionally, there were no criminal summons issued which should be considered a mitigating factor when considering both of these violations as first offenses. Mr. Graham continued that when speaking with Mr. Leffler he was not aware of the first violation and since the city does not have evidence to the contrary he would take Mr. Leffler's word. Mr. Graham recommends that the Liquor Authority treat both offenses as first time offenses. He also recommends the standard penalty of five days suspension with tow days served and three days held in abeyance for each violation. Chairperson Madson requested that the Licensee, Daniel Leffler, step forward for any questions. Daniel Leffler, 7880 Humboldt, stated that he was not present during the time that either violation occurred, but Mr. Leffler stated that he has since modified his schedule to be present during the bar's busy times. Chair Person Kim Madson closed the public hearing. In response to Authority questions Mr. Leffler stated that he has hired additional staff to help control patrons. After considering all the evidence offered, Vice Chair Daniel Alire moved and Authority Member Nit Hamby seconded that the following penalty be imposed upon Cheddar, Please! Entertainment “LLC” dba Hard Times: LICENSEE’S LIQUOR LICENSE SHALL BE SUSPENDED FIVE (5) days for each violation, for a total suspension of TEN (10) days. Licensee shall serve TWO (2) days of each 5-day suspension, for a total of FOUR (4) days served, commencing at 12:01 a.m. on Thursday, July 17, 2014, and concluding at 11:59 p.m. on Sunday, July 20, 2014. The remaining SIX (6) days of license suspension shall be held in abeyance for a period of one (1) year from the date of this Stipulation on the condition that Licensee does not commit any violation of the Colorado Liquor Code, associated regulations, or the City Code regarding operation of the Licensed Premises. The SIX (6) days of suspension held in abeyance shall be subject to imposition upon a finding by the Authority after notice and hearing that such a violation has occurred. VOICE VOTE: Unanimous, all present affirmed. Commerce City Page 2 Liquor License Authority Meeting Minutes - Final July 8, 2014 Assistant City Attorney Greg Graham stated that the Licensee has requested a fine in lieu of the four day suspension. Authority Member Daniel Alire moved and Authority Member Nit Hamby seconded accept the petition for a fine in lieu of for Cheddar, Please! Entertainment “LLC” dba Hard Times to pay a fine in lieu of serving the four day suspension imposed and the Authority adopt the following findings: One that the public affairs and morals will not be impaired by this decision and the finding will achieve the desired disciplinary purposes and secondly the fine amount will be 20% of gross alcohol sales for the suspension period commencing at 12:01 a.m. on Thursday, July 17, 2014, and concluding at 11:59 p.m. on Sunday, July 20, 2014 or $200, whichever is greater. VOICE VOTE: Unanimous, all present affirmed. Pres 14-833 New Retail Liquor License Jans Inc. dba SLJ Liquors 10401 Belle Creek Blvd., Unit E Commerce City, CO 80260 Chair person Madson opened the public hearing. Attoney Joel Judd appeared on behalf of the applicant Sherez Jans and was sworn in by Deputy City Attorney Karen Stevens. Sheraz Jan testified to the following items: -Has worked as a manager for 10 years in a liquor store -Plans on opening Labor Day weekend -Has completed TIPS training -Plans to sell primary wine and hard liquor Kelly Pietrs, with Esquire Petitioning Services, appeared before the Authority and was sworn in Deputy City Attorney Stevens. Kelly Pietrs testified to the following results overview: -Total door knocks - 399 -Person who signed the petition - 129 -Person who declined to sign the petition - 26 -Ineligible contacts - 11 -No answer to the door knock - 252 Response of eligible contacts: Signatures supporting issuance: -Residents - 107 -Business owners - 3 Signatures opposing issuance: -Residents - 17 Signatures signing neutral: -Residents - 2 Commerce City Page 3 Liquor License Authority Meeting Minutes - Final July 8, 2014 Results analyzed on a needs and desires basis: Signatures in support - 110 or 97.3% Signatures in opposition - 3 or 2.7% Ms. Pietrs stated that she has 17 years of experience with conducting petitioning services. Ms. Pietrs continued that it is her opinion that there is a strong needs and desires of the the adult inhabitants of the designated neighborhood. Chair person Madson closed the public hearing. A motion was made by Regular Member Alire, seconded by Regular Member Teter, to approve the retail liquor application for Jans Inc. dba SLJ Liquors located at 10401 Belle Creek Boulevard, Unit E. VOTE: Aye: 5- Regular Member Alire, Madson, Regular Member Hamby, Regular Member Carabajal and Regular Member Teter 5. New Business Chair Person Kim Madson tendered her resignation from the Liquor License Authority. Chair Person Madson stated that she would be moving outside of Commerce City limits. Authority Member Susan Carabajal moved and Authority Member Nit Hamby seconded to appoint Authority Member Daniel Alire as Vice Chair Person of the Liquor License Authority. VOICE VOTE: Unanimous, all present affirmed. Authority Member Susan Carabajal moved and Authority Member Nit Hamby seconded to approve City Council's appointment of Josh Orth from an alternate member to a regular Liquor License Authority member. VOICE VOTE: Unanimous, all present affirmed. 6. Adjourn Chair Person Kim Madson adjourned the meeting. Commerce City Page 4