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HomeMy WebLinkAbout1980-07-03 (Special) Meeting MinutesSPECIAL MEETING: COUNCIL CHAMBERS CITY OF ENGLEWOOD, COLORADO July 3, 1980 The City Council of the City of Englewood, Arapahoe County, Colorado, met in special session at 6:40 p.m. on July 3, 1980. Mayor Otis, presiding, called the meeting to order. The invocation was given by Council Member Thomas Fitzpatrick. The pledge of allegiance was led by Mayor Otis. Mayor Otis asked for roll call. Upon a call of the roll, the following were present: Council Members Higday, Neal, Fitzpatrick, Keena, Bradshaw, Otis. Absent: Council Member Bilo. The Mayor declared a quorum present. * * * * * * Also present were: City Manager Mccown City Attorney Berardini Chief of Police Holmes Deputy City Clerk Watkins * * * * * * Mayor Otis stated the purpose of the special meeting was consideration of a suspension or revocation of a tavern license of John W's, Inc., d/b/a The Dart Board, 3467 South Broadway. COUNCIL MEMBER BRADSHAW MOVED TO OPEN THE PUBLIC HEARING. Council Member Higday seconded the motion. Upon a call of the roll, the vote resulted as follows: Ayes: Nays: Absent: Council Members Higday, Neal, Fitzpatrick, Keena, Bradshaw, Otis. None. Council Member Bilo. The Mayor declared the motion carried. July 3, 1980 Page 2 City Attorney Berardini stated the Council was seated at thia hearing aa a quaai-judicial body to determine whether in fact John W'a, 'lbe Dart Board, had violated statutory provisions or regulation• of the State Liquor Code. Mr. Berardini stated Mr. Feather was president and owner of John W'• and was present with counsel, Mr. Vandenberge. Mr. Berardini stated witnesses on be- half of the City thoae being Officers Bock and Hooker were pre- sent. Mr. Berardini aubmitted City Exhibits A through H. He stated Mr. Vandenberge had copiea of these exhibits. He stated the incident to be heard took place at the Dart Board on April 29, 1980. Keith Vandenberge appeared before Council. Mr. Vanden- berge objected to the hearing aa constituted on the basis that he questioned the authority of City Council to hear such a matter; and since the petition waa brought by the City through its City Attorney, the City was not a disinterested party and the matter should be heard and determined by an unbasised hearing officer. ·Mr. Vandenberge also objected to the City Exhibits B and C on the grounds they were hearsay and self-serving. City Attorney Berardini called Officer Bock as the first witness to testify. Officer Thoma• R. Bock, 7341 South Carr Court, appeared before Council. Under oath, Officer Bock testified in response to queationa from the City Attorney regarding his duties for the City of Englewood. Officer Bock atated on April 29, 1980, he was patroling South Broadway and observed a number of vehicles parked out in front of the bar at approximately 2:45 a.m. Officer Bock stated he radioed for aaaiatance from Officer Hooker to check for any liquor violation• at the Dart Board. Officer Bock stated when they got to the front door, they looked through the glass in the door and observed a number of patrons in the bar. There were several glaaaea, bottles and mugs on the bar which appeared to con- tain liquid. One person at the bar appeared to tip a beer bottle and take a drink from it. They also observed the bartender and pa- trons gathering up beer bottles, glasses and mugs filled with li- quid off the bar and aurrounding tables and placing them under the bar. Officer Bock stated they gained entry after two attempts at knocking on the door. Officer Bock then gave further testimony concerning the events after entering the bar and the issuance of a citation to Mr. Feather for serving liquor after hours. Under croaaexamination by Mr. Vandenberge, Officer Bock stated he did not see the bartender dispense or present any drinks to any people in the bar, did not see any money July 3, 1980 Page 3 being exchanged by anyone, did not see any mugs being filled from behind the bar, and did not eee any bottles being opened. Officer Bock stated a person at the bar appeared to be drinking from a beer bottle and described his observance of same. Officer Bock stated he did not get the identity of the person at the bar and he could not state postively that what was consumed was alcoholic. Officer Bock stated he aaw no one handl- ing bottles after entering the building and no one was admitted into the building after they entered. Officer Bock stated all patrons that were asked for identification denied consuming al- cholic beverages after closing. Mr. Vandenberge had no further questions for Officer Bock at this time. Council Member Keena asked Officer Bock what were Mr. Feather's coDIDents when questioned. Officer Bock stated Mr. Feather told him he had no business being in the bar. Council Member Bradshaw asked Officer Bock to coDIDent on Mr. Feather's attitude during the incident. Mr. Vandenberge objected to Council Member Bradshaw's question on the grounds that the question was improper and ir- relevant. Mayor Otis disagreed. He stated he thought the question was relevant because the relationship between the owners of busi- nesses in Englewood that sell alcoholic beverages and the police officers was an important point with the Council. Officer Bock stated Mr. Feather was very nervous, walk- ing from one end of the bar to other. Mr. Feather brought out a letter that he said was from the Chief of Police but did not read the body of the letter. There were no further questions to ask of Officer Bock at this time. City Attorney Berardini called Officer Hooker forward to testify. Officer Robert Hooker, 3606 South Cherokee, appeared before Council. Under oath, Officer Hooker testified to ques- tions directed from the City Attorney regarding his duties for the City of Englewood. Officer Hooker stated Officer Bock sum- moned him on the radio to assist in an inspection at the Dart Board. Officer Hooker stated there was dim lighting in the bar July 3, 1980 Page 4 but he could aee inaide and a person at the bar appeared to take a drink from a Michelob bottle. He stated he could see the li- quid inside the bottle. Officer Hooker stated to that person's right were mugs filled with liquid with a foamy top. Officer Hooker stated once they entered the bar which took some time for the bartender to open the door, he walked behind it and noticed beer bottles near the traah can. The patrons at the bar had no drinks. Officer Hooker atated he then obtained the identity of the patrona. Officer Hooker atated there were approximately ten patron• in the bar all of which denied consuming alcoholic be- verages after clo1ing. Council Member Bradahaw asked Officer Hooker to com- ment on Mr. Feather'• attitude during the incident. Officer Hooker 1tated the attitude was one of resistance on the part of the patron1. They stated the officers were there to haraaa the owner, bar, and themselves. Officer Hooker stated Mr. Feather'• attitude when a1ked for identification was resis- tant at fir1t but eventually he provided information. The patrons then became cooperative in providing identification. Under croa1-examination by Mr. Vandenberge, Officer Hooker stated Mr. Feather did voluntarily provide information after a abort period of time and there were no threats made upon Mr. Feather to do 10. Officer Hooker stated he believed there were ten people in the bar. He 1tated he received a negative re1pon1e from everyone contacted in the bar as to whether they had been drinking alcoholic beverages after hours. Officer Hooker stated he did not 1ee the bartender serve anyone with liquor, did not aee her exchange any money, and did not see her pour liquid from or open any bottles. Officer Hooker stated the only observation he made was the consumption of alcoholic beverages after houra not the serving. In reaponae to Mayor Otis's question, Officer Hooker stated the number of care parked outside the bar drew attention to Officer Bock and that waa why he stopped for inspection. There were no further questions to ask of Officer Hooker at this time. City Attorney Berardini asked if there were other witnesses to testify with reference to the incidences that occurred on April 29, 1980. Mike Swan, 13266 Peacock Drive, Littleton, appeared before Council. Under oath, Mr. Swan testified he was a detec- tive with the City of Englewood. Detective Swan discussed the July 3, 1980 Page 5 offense report on the incident and the liat of people that were in the bar on April 29, 1980. Detective Swan stated he was in- structed by Captain Fraizer to contact the parties on the list. Mr. Vandenberg objected to Detective Swan's testimony on the grounds that teatimony from the people on the list was hearsay, not subject to croaa-examination and irrelevant. COUNCIL MEMBER HIGDAY MOVED TO HEAR THE TESTIMONY. Council Member Bradahaw aeconded the motion. Upon a call of the roll, the vote resulted aa follows: Ayes: Haya: Absent: Council Members Higday, Neal, Fitzpatrick, Keena, Bradahaw, Otis. None. Council Member Bilo. '11le Mayor declared the motion carried. Detective Swan atated one of the parties contacted and listed as a witneaa waa Paul Kirkpatrick who told the officers his address waa 3290 Amee. Detective Swan stated he contacted Mr. Kirkpatrick by phone at 2381108 who stated that he had ar- rived at the bar at about 7:35 p.m. for a dart tournament. De- tective Swan stated Mr. Kirkpatrick atated about five to ten minutes before the police arrived he aaw the bartender start picking up glassea and bottle• from the bar. Mr. Kirkpatrick stated he remembered aomeone walking outside the bar, looking through the door and coaaenting that you could see through it. Detective Swan atated he also contacted Charles S. SiDlllerhorn, 925 Eaat 8th Avenue, I 115, phone number 831-8525. Detective Swan stated Mr. Siaaerhorn stated he arrived at the Dart Board between 7:30 p.m. and 8:00 p.m. for a dart tourna- ment. Mr. Si11111erhorn further atated at approximately 2:00 a.m., the bartender picked up aome glaases and bottles. Mr. Sinmerhorn stated he remembered the police knocking on the door at about 2:30 p.m. and that he waa drinking a coke at that time. Detective Swan atated he waa only able to get in con- tact with one other witneaa, a Mr. 'lbornberry; but he did not relay any information. Under croaa-examination by .Mr. Vandenberge, Detective Swan stated none of the witneaaea admitted to drinking alcoholic beverages on the morning of April 29th. July 3, 1980 Page 6 There were no further questions to ask of Detective Swan at this time. City Attorney Berardini asked for further testimony on behalf of the City. There was none. Mayor Otis aaked for the defense presentation. Mr. Vandenberge called Jerry Feather forward to testify. Jerry Feather, 1592 Lansing Street, Aurora, appeared before Council. Under oath Mr. Feather provided testimony re- garding his buaineaa background and affiliation with John W's, Inc. as its president and owner. Mr. Feather stated he was at the Dart Board on the morning of the incident. Mr. Feather stated he was fully aware of the regulations regarding the pro- hibition of consuming alcoholic beverages after hours and to his knowledge there haa never been any alcoholic beverages con- sumed in his bar after houra. Mr. Feather told of his recollec- tion of the events on the morning of April .29th. Mr. Feather stated to his knowledge no drinks were served, drank or opened after hours. Mr. Feather stated he provided information to the first police officer and waa reluctant to do the same to the sec- ond officer for the sake of redundancy. Mr. Feather stated the bar had had no prior complaints and this was his first involve- ment with an alleged violation of a liquor license. Mr. Feather stated his reaction to the entry of the police officers was that he did not see any cauae for it and was irritated by it. Mr. Feather stated a dart tournament was in progress and he was per- turbed by the interruption. Under cross-examination by City Attorney Berardini, Mr. Feather stated he had no other interest in other bars in the vi- cinity. Mr. Feather stated he was the owner and Patty Hickel was the manager of the bar and also the bartender at the time of the incident. Mr. Feather stated Ms. Hickel managed the bar when she was there. Under cross-examination from the City Attorney, Mr. Feather explained his connection with dart board competition and its relationship to the theme of his bar. Further, Mr. Feather stated he was participating in a dart board tournament on the morning of April 29, 1980, and on the second set of knocks when the officers identified themselves as policemen, he instructed Ms. Hickel to open the door. Mr. Feather stated there were some bottles and glasses on the bar when the police entered. There were people drinking out of the July 3, 1980 Page 7 glasses; but the drinks were Cokes, 7-Ups, and sodas. The of- ficers may have seen drinks being taking off the bar; but the drinks may have been sitting there for 10 -15 minutes. City Attorney Berardini asked if it would be fair to say that someone drinking out of what appeared be a Michelob bottle in a bar at 3:00 a.m. waa probably drinking beer out of it. Mr. Feather answered negatively. Mr. Feather stated he would like to aee who they saw drinking it. City Attorney Berardini asked Mr. Feather if he was familiar with regulation• that required the opening of locked area to police officers; and why the door was not opened promptly for the police officers. Mr. Feather stated he waa familiar with the regulation. He did not know they were off icera until they identified them- selves the second time. Mr. Vandenberge objected to City Attorney's question- ing. Mr. Vandenberge stated the specific allegations in the peti- tion related to selling, dispensing, serving or consumption. There was nothing regarding an allegation of a violation of any regula- tion concerning non-cooperation. City Attorney Berardini cited Rule/Regulation 47.110.1 (d) regarding the admission of evidence which established the guilt of the licensee in the violation of some other law, rule or regula- tion yet in connection with cited violation. Mr. Berardini stated there was evidence before Council that there had been an authorized or undue delay in admitting police officers to the licensed premises. Mr. Vandenberge stated he came prepared to answer specific violations, regulation• and statutes. He did not come prepared to answer charges which the City Attorney was attempting to solicit. Mr. Vandenberge objected to any evidence outside the scope of the petition. Mr. Feather then answered questions from Council con-I cerning break-ins he had experienced at his bar, the letter written by Chief of Police Holmes in response to his letter regarding police protection, his reaction to the entry because a dart board tourna- ment was going on, the diapoainf of the bottles and glasses from the bar area, and the responsib lity of conducting his business within the law. 'lbere were no further questions for Mr. Feather at this time. July 3, 1980 Page 8 Mr. Vandenberge called Patty Hickel forward to testify. Patty Hickel, 1592 Edison, Aurora, appeared before Coun- cil. Under oath, Ma. Hickel testified that she was employed as a bartender at the Dart Board and so employed on the night of April 28th and the morning of April 29th, 1980. She stated she was on the premiaea during that time also. Ms. Hickel testified that she did not sell, serve or distribute alcoholic beverages after 2:00 a.m. on April 29th. She stated to the best of her knowledge no alcoholic beverages were consumed after 2:00 a.m. on April 29th. Ma. Hickel recalled that she went to the back bar to get the keya out of her purse to let the police officers enter. She stated the firat knocking on the door was like ''wrap- ping with a key" and ahe did not pay any attention to who it might be. She stated when Mr. Feather stated the police were at the door, she let them in. City Attorney Berardini cross-examined Ms. Hickel. In answer, Ma. Hickel atated ahe did not recall anything being said when the police officer• knocked on the door the first time. She stated ahe had cleared the bar of bottles and glasses before 2:00 a.m. which waa routine. Ma. Hickel stated the only glasses on the bar were one• that contained water and coke when the of- f icera knocked on the door. Ma. Hickel denied the officers' testimony regarding a patron drinking from a Michelob bottle. Ma. Hickel then anawered question• from Council con- cerning the manner in which ahe managed the bar and locked it up at closing. 'lbere were no further questions for Ms. Hickel at this time. Mr. Vandenberge called Ray Brookfield forward to testify. Ray Brookfield, 5995 Weat Hampden Avenue, Denver, ap- peared before Council. Under oath, Mr. Brookfield stated he was a patron at the Dart Board on the evening of April 28th and the morning of April 29th. Mr. Brookfield stated he was there to parti- cipate in a dart board tournament. He stated he consumed alcoholic beverages and do ao on the evening in question; but did not con- sume any after 2:00 a.m. Mr. Brookfield also testified that he did not see any alcoholic beverages being served, disbursed or consumed after 2:00 a.m. on the morning of April 29th. In reaponae to Council Member Keena's questions, Mr. Brookfield stated he did not aee any open liquor or beer bottles on the bar. Mr. Brookfield stated there were some mugs around containing ice water and aoda; and he personally had a glass of soda water. July 3, 1980 Page 9 Mr. Brookfield stated the first time the officers knocked on the door, a patron yelled the place was closed. The men playing darts were not paying any attention to the door. Mr. Brookfield I stated there waa no delay in opening the door the second time when the knock was louder and the officers identified themselves as police. In reaponae to City Attorney Berardini's questions, Mr. Brookfield stated alcoholic beverages could have been con- SUIDed without his knowlege but he doubted it. 'l1lere was no further testimony from Mr. Brookfield. Mr. Vandenberge called James R. Alias forward to testify. James R. Alias, 12092 E. Third, Aurora, appeared before Council. Under oath, Mr. Alias stated he was a patron of the Dart Board on subject day• for the purpose of participating in a dart board tournament. Mr. Alia• stated he consumed alcoholic beverages and did on that subject evening and morning. He stated he did not consume any liquor after 2:00 a.m. on April 29th. Mr. Alias stated he did not observe any alcoholic beverages being served or dispensed by Ms. Hickel or Mr. Feather; nor did he see any patron consume al- cholic beverages after 2:00 a.m. Mr. Alias recalled that the first time there was a knock at the door, a patron yelled the bar was closed. The second time the knocking was louder and when the officers identified themaelvea a• police, the door was opened. Mr. Alias stated there was no delay in opening the door once the officers identified themaelvea. Mr. Alias then anawered various questions from Council concerning the time it took to open the door for the police and that he did observe empty glasses on the bar but no beer bottles. 'l1lere was no further testimony from Mr. Alias at this time. testify. Mr. Vandenberge stated he had no further witnesses to City Attorney Berardini recalled Officer Bock to testify. Officer Bock appeared before Council and answered ques- tions concerning his report of the incident reiterating his testi- mony given earlier. 'l1lere was no further testimony or evidence to be sub- mitted. July 3, 1980 Page 10 COUNCIL MEMBER HIGDAY MOVED TO CLOSE THE PUBLIC HEAR- ING. Counci Member Keena seconded the motion. Upon a call of the roll, the vote resulted as follows: Ayes: Naya: Abaent: Council Members Higday, Neal, Fitzpatrick, Keena, Bradshaw, Otis. None. Council Member Bilo. 'ftle Mayor declared the motion carried. Mayor Oti• atated Council would take all the evidence into conaideration and make a decision near the end of July. COUNCIL MEMBER HIGDAY MOVED TO ADJOURN THE MEETING. Mayor Otis adjourned the meeting without a vote at 8:50 p.m. ~ :r:Ju)~ Futy Cftyclerk