Liquor License Authority

7887 E. 60th Ave. Commerce City Commerce City, CO 80022 c3gov.com Meeting Minutes - Final Liquor License Authority Tuesday, October 7, 2014 1:00 PM Council Chambers 1. Call To Order/Roll Call A regular meeting of the Commerce City Liquor Licensing Authority was called to order by Chairman Alire, on Tuesday, October 7, 2014, at 1:11 pm. Present 4 - Regular Member Daniel Alire, Regular Member Joshua Orth, Regular Member Nit Hamby, and Regular Member Rick A. Teter Absent 2 - Council Alternate René Bullock, and Regular Member Susan Carabajal 2. Approval of Minutes Min 14-192 MEETING MINUTES OF JULY 8, 2014 A motion was made by Authority Member Orth, seconded by Authority Member Hamby, that the minutes be approved. VOICE VOTE: Unanimous, all present affirmed. 3. Citizen Communication There was no citizen communication. 4. New Business 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 Attorney J.Y. Kang, license #23250, appeared before the authority on behalf of the licensee. He testified that the licensee admits that he made a sale to a customer who may have been underage. This customer had been in approximately 10 times prior to the date of the alleged violation and had presented identification each time. This customer had also used a credit card in the past and the information from her driver license was recorded on the store copy of the receipt. On the date of the alleged violation, the customer did not present identification; however, since the clerk had prior experience with this customer, and had been presented identification in the past, the clerk made the sale. Commerce City Police Officer Keadle was sworn in and testified that on April 19, 2014, he was assisting another officer in a traffic stop. He made contact with an underage female, who produced a driver's license that indicated she was under 21; however, Commerce City Page 1 Liquor License Authority Meeting Minutes - Final October 7, 2014 there was beer in the car. She stated that she purchased the beer at Tap-A -Keg without showing identification. She further added that she had purchased beer from the liquor store many times by using fake identification. Interpretor Kipyo Han, and store clerk, Dae Shin, were sworn in. The licensee showed a video with the alleged minor making a purchase prior to the date in question. Mr. Shin testified that he has not participated in alcohol training, he has refused sales in the past when a customer shows, what appears to be, fraudulent identification and that the current licensee has owned the store since March 2011. Defense Exhibits Include: purchase receipt CD of the store's security video Colorado Liquor Rules City Exhibits include: photo copy of identification presented to Officer Keadle minor's DMV dossier Deputy City Attorney Stevens stated that the affirmative defense, of relying on false identification presented for the sale of alcohol, doesn't apply here. A sale to a minor was made, identification was not used on the day of the alleged violation and Mr. Shin hasn't attended training. Attorney Kang stated that his client has sold to this minor on approximately 10 different occasions. On those prior occasions, the minor produced an ID that appeared to be valid. A motion was made by Chairman Alire, seconded by Authority member Orth that the city did not establish that the licensee violated any laws and that the matter be dismissed with prejudice. VOICE VOTE: Unanimous; all present affirmed 5. Adjourn There being no further business to come before the Authority, the meeting adjourned at 3:21 pm Commerce City Page 2