Loading...
HomeMy WebLinkAboutminutes.council.19640214 ] ~S E~ ASPEN, COLORADO HEARING ON JAMES BLANNING, dba THE MoLLy GIBSON Before the ASPEN CITY COUNCIL - FEBRUARY 14, 1964 Hearing The meeting was called to order by Mayor Pabst at 11:00 A. M. with Councilmen Barnard, Kuster, McEachern and Stapleton, and City Attorney Balcomb and City Treasurer ~£he Molly L~m present. Gibson Also present were Roger Walker, Law Enforcement Officer, Liquor Control Division, State of Colorado, James Blanning and his attorney Jack,Kane, and Mrs. Elsie Bruno, Court Reporter. Notice to Show Cause in the Matter of the Liquor License issued to Aspen Un- limited, Inc., doing business as The Molly Gibson, was then read i~ full by the City Clerk Attorney Kane presented Motion to Dismiss and Motion to Strike, Motion for Production of Documents and Affidavit and Motion for P~rsonal Bias or Disqualifica- tion, and asked under what rules the hearing is being held. City Attorney Balcomb advised that hearing is not being held before a judge and recommended that these documents be filed with the case. Mr. Balcomb referred to previous meeting called for hearing on February 10, 1964, which was postponed upon request of Mr. Kane; and he referred to Notice to Show Cause served by police officer. Regarding Motion for Personal Bias or Disqualification, Attorney Balcomb ad- vised that Council stands as a body. Counhilman Kuster said'he wished to hear ease and that he is not biased. Mayor Pabst disclaimed any prejudice on his part. Roger Walker was sworn in and outlined for council the complaint filed by him in the matter of the Molly Gibson. He said that on January 21, 1964, he had made an inspection and had contacted James Blanning about 10 PM, who ,~when asked if he had served meals after his~appearance in Court, said he had not with the exception of some meals to employees. Walker said his inspection showed there were two jars of mayonnaise, 2 TV Dinners, and a small package of ham steaks, ahd he said Blanning had told him the steam table was not in operation. Mr. Walker said visual in- spection of the kitchen facilities indicated very little equipment for food service, and no-menu. Mr. Walker then said he again inspected on Febrdary !0, 1964; that additional food had been put in and the steam ~able set up and there was ~ roast in the oven, and. he had been informed by an employee that food is being served to employees. He referred to "Food Letter" sent to all licensees by the State Licensing Authority, a copy of which he had given to Blanning. Council reviewed "Investigation and ~ Violation" reports submitted by Walker. Mr. Kane asked if there is any evidence of anyone having been refused service during hours required, and also referred to recent meeting with SecPetary of State Byron Anderson, where the matter of service of meals was discussed. Glen M. Ricks, Acting Police Chief, was then sworn in. He was asked if he had occasion to go into the Molly Gibson between December 27 and January 24, 1964, and if he had seen meals served. He said he usually went in there after 9:00 PM and had not seen meals served. Nearing James Blanning was then sworn in and said he is manager and owner of the Mo~y continued Gibson. He said, to his knowledge, not more than 1/2 dozen meals had been served betWeen Dec~mSer 26, 1963, and January 21, 19'64, other than to employees. He also said that after January 21 considerable amount of food had been stocked on shelves. Attorney Kane asked him if he had ever refUse~ service to anyone according to the provisions of the Liquor Oode, and Blanning said h~/mad not. He (Blanning) said his is a "night club" business and he has little business §cfore 8:30 PM, so he has no demand for food in large quantities. Council questioned James Blanning on his case in Justice of the Peace Court for "failure to se~veTfoOd,. Blanning said he could not "promote" food but that he did have it availabl if requested. 'Mary simmons was sworn in. She said she is a cocktail waitress at the Molly Gibson - that between December 26, 1963,and January 21, 1964, about six or seven meals had been served - that alt who had requested meals had been served, and t~at she personally had bought about $60.00 worth of food at Tom's Market. Also sworn in - Scan O'Brian and Robert Sullivan - employees of Molly Gibson - who testified to the availability of food and instant coffee. Roger Walker read from Section 75-2-22 of the Liquor License Code and said he feels that the State requires that meals must be served,- and that they should be' available and promoted, and he does not feel they,.have been available at the Molly Gibson since January 21, !964. He said he and the State and not asking for revo- cation of license unless the Council sees~ fit. Mr. Kane said he feels care should be taken that it would not appear that this place is being discriminated against, as all such establishments in Aspen would be likewise in violation if State law is enforced, and he feels Blanning is complying with the State law, and if there is a suspension they will ask for an extension to appeal to the District Court of Pitkin County. .~ouncz% then convened to consider the evidence. Mayor Pabst then called the meeting to order, and a motion was made by Councilman McEachern, seconded by Councilman Barnard, to adopt the following resolution and order, read by Attorney Balcomb: BEFORE THE CITY COUNCIL OF THE CITY OF ASPEN ASPEN, COLORADO IN THE MATTER OF. THE LIQUOR LICENSE ) ISSUED TO A~SPEN UNLIMITED, INC. ) FINDINGS AND ORDER DOING BUSINESS AS THE MOLLY GIBSON ) WHEREAS, on February 3, 1964, complaint was made to the City Council of the City of Aspen, Col'orado, wherein it was set forth that Aspen Unlimited, inc., doing business as the Mol~y Gibson, was violating and had violated the provisions of Article 2, Chapter 75, Colorado Revised Statutes, as amended, in certain particulars set out in such complaint, AND WHEREAS, notice of hearing on such complaint to be heard on February 10, 1964, was duly and properly given; AND WHEREAS, Aspen Unlimited, Inc., by its attorney, appeared before the Cit~ Council on February 10, 1964, and requested a con- tinuance in order to ha~e available at such hearing a shorthand reporter to report and transcribe such proceedings, and continuance was granted to Friday, February 14, 1964, at 11. 0 o clock A. M. , AND WHEREAS, the City Council at a public meeting has heard and considered the evidence in support of the complaint and the evidence of Aspen Unlimited, In., in contravention thereto Being now fully advised, the City Council of the City of Aspen, ColOrado, Finds: 1. That the Manager of the~Licensee and his attorney were present at the hearing and the reading h~reof. 2. That it is one of the licensing authorities pursuant to statute with power to hear complaints concerning alleged viola- tions of the Liquo~ Code of 1935, and suspend or revoke such licenses, and thatit has heretorfore issued a license to Aspen Unlimited~ Inc,,ii doing business as The Molly Gibson. 3. That due and proper notice of this hearing was given to said Aspen Unlimited, Inc., concerning the complaint against it charging violation of the skatutes regarding such licenses, reference being hereby made to such complaint, for its particulars. 4. That Aspen Unlimited, Inc.. doing business as The Molly Gibson, a restaurant licensed by the ~ity of Aspen, Colorado, and the State of Colorado, to sell malt, vinous and s~ituous liquors by the drink, has violated the provisions of Article 2, Chapter~75, Oolorado R~vised Statutes of 1953, and the Constitution 305 ASPEN, COLORADO HEARING ON JAMES BLANNING dba THE MOLLY GIBSON before the Aspen City Council February !4, 1964 continued. of the State of Colorado in the following particulars: a. Said licensee has on se~iral occisionsi and specifically !i on January 21, 1964, failed to provide and make available focd~service for~its'eustomers, and though spirituous liquors were on said day bein~ sold to customers, did not provide for the service of meals and food. b. That the failure to provide for the service of food and meals is a violation of said statutes, and is the operation of a saloon in violation of Article XXII, Section 1 of the Constitution of Uolorado. c. That on various prior occasions the licensee was warned concerning such operation, but has made little or no effort, so far as the evidence discloses, to comply with the law in this regard. It is therefore the Order of the City Council of the City of Aspen, Colorado, .that 1. All motions filed by the licensee are denied. 2. That the suspension is of such duration that irreparable injury will not result from its immediate application. 2. Pursuant to the power vested in the said City Council, the license heretofore issued to Aspen ~nlimited, Inc., doing business as the Molly Gibson, is hereby suspended, effective immediately, for a period of seven (7) days,during which period no malt, vinous or spirituous liquors a~e to be sold in such establishment. 3. That a copy of these findings and Order b~ delivered to Mr. James 6. · Blanning, J~., as manager of said licensee, or to any other person in charge of the licensee's premises, and such copy shall constitute notice of this suspension if it is otherwise required. 4. That a copy of these findings and Order be mailed to the Office of the Secretary of State of Colorado. By order of the City Council this 14th day of February, A. D., 1964. The roll was then called on the motion to adopt the foregoing Findings and Order: Councilman Barnard "aye"; Councilman McEachern "aye"; Councilman Stapleton "aye". Councilman Kuster abstained from voting. Mayor Pabst declared motion duly adopted and said he concurs in this decision. The meeting was adjourned at 1:10 P. M. upon motion by Councilman Stapleton, seconded by Councilman Barnard, and carried.