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HomeMy WebLinkAboutminutes.council.196503229] Aspen, Colorado Hearing on the Liquo~ License - Knight Club Inc. City Council Chambers March 22~ 1965~ Monday-3:40 P.M. A hearing was held in the Council Chambers., before the City Council of the City of Asps1, to determine whether the Council shall revoke or suspend the HEAi~ING license heretofore issued by the City Council of Aspen to the K~ig~t Club. Inc., for the sale of ~alt, vinous and spirituous liquors. Mrs. Doris ~later was KNIGHT CLUB present to record testimony and evidence. INC. Mayor Pabst opened the hearing at 3:40 P. M. Councilmen present were Mr. Werner Kuster Mr. David Stapleton Mr. William McEachern Absent Councilman Dr. Robert Barnard Also present were Attorney Robert Delaney, City Administrator Kerrigan, Police Chief Hennig, officer Mackintosh, and Roger Walker, Law Enforcement Officer of the Liquor Control Division of Colorado. Mrs. Marry Podmore, and-her attorney, Mr. Frank Cooley, Appeared. Other persons were present but did not take part in the proceedings. The attorneys discussed the procedure - witnesses to be sworn, and testify. Mr. Delaney referred to the three reports filed, and Mr. Cooley said they were not available to him. Chief Hennlg was sworn (by City Clerk) and referred to Police reports of March 3 and March il, 1965, and read findings. When asked by the Mayor for further comments, Chief Mennig indicated that later inspection showed improve- ment in cleanliness and he had instructed that there be a light in the cloak room. Mr. Cooley then examined Chief Hennig. Mr. Roger Walker was then sworn and read reports on the Knight Club - March 10, 1965 - and prior to that date back to January of this year; He said P. J. Elldridge and Tom Heddin, had signed the reports, and had been warned by him on the violations, Mr. Cooley then questioned Mr. Walker. Mrs. Marry Podmore was then sworn - and questioned by her attorney~ Mr. Cooley. Attorney Delaney questioned Mrs. Podmore regarding health standards, and the Mayor read a letter from the City Health Officer, Dr. 3ack S. Crandall, re- garding unsatisfactory sanitary conditions at the Knight Club restrooms. (Letter date March 13, 1965.) Mr. Oo~tey then referred to.problems involved with young energetic people. Mr. Delaney advised that the question is whether Council finds that there have been violations as contained in the Notice to Show Cause, and he outlined the requirements of the law, and referred to Section 19B and 22D in the Colorado Liquor Code, and he then adVised Council of thel.action that may be taken -sus- pension or revocation - or if ew~dence is insufficient, to dismiss. ~ motion was then made b y Councilman Stapleton to recess to consider the evidence, at 5:15 P.M. Motion was seconded by Councilman McEachern. Roll call COuncilman Kuster aye; Stapleton aye; McEachern aye. The Mayor, Council- men and Attorney Delaney then withdrew. The hearing was again called to order by Mayor Pabst at 5:58 P. M.. Councilman McEachern said that, by the authority invested in the Council, they have the power to revoke or suspend the license up to six months; that the evidence incontrovertibly~is that there~have been repeated violations and evi- dence shows that an effort has been made to improve, but in view of repeated reports, he then moved that a resolution be drawn up to suspend the license for ten (10) days7 beginning March 23, 1965, and ending ten days thereafter. This motion was seconded by Councilman Stapleton. Councilman McEachern added that due to effort recently made to improve the operation - thi~kept suspension from being longer. Roll call vote Councilmen Stapleton aye; Kuster aye; Mc- Eachern aye. Mayor Pabst said he concurred in this action. Attorney Delaney then dictated the following R E S 0 L U T I O N- Resolution WHEREAS, NOTICE TO SHOW CAUSE why the City Council of Aspen should not suspend or revoke a license heretofore issued to The Knight Club, Inc. has been issued, and it is hereby found and determined that it was duly served in manner provided by statute, and WHEREAS, at the appointed time, namely 3:30 in the afternoon on March 22, i965, in the City Council Chambers in Aspen, a hearing was conducted thereon, and Mrs. Marry Podmore, together with Respondent's attorney, M~. Frank Cooley, appeared. Evidence was taken under oath in support of the Complaint on file and also evidence was received in defense and also in mitigation on the part of the Respondent who also was afforded cross examination, and WHEREAS, from said evidence the City Council of Aspen ~as found and determined that the Knight Club~ Inc. has violated the Liquor Law of Colorado ~nd the Regulations adopted pursuant thereto in the particulars enumerated in the Notice to Show Cause heretofore served, which are as follows: 1. That the Knight Club Inc. has heretofore been issued a restaurant license by the City of Aspen, Colorado, for the sale of spirituous liquors by the drink, which license is presently in effect. 2. That on or about March 3, 1965,~ March 10, 1965, report has been made of a liquor license violation and violations of regulations as follows: (a) That ~e premises failed to comply with the standards of cleanliness required by law with respect to condition of the restrooms, the condition of the floor, the condition of glass- ware and other facilities in the premises. (b) That the premises were overcrowded and drinks were served. to persons unable to obtain seats, and aisles and areas between tables were over- congested; that the ~trance and stairway to the premises was over-congested and obstructed. (c) That~public safety hazards existed in the premises where inadequately illuminated, broken glass was littered on the floor, and ventilation was insufficient. (d) That employees were intoxicated; that patron~ were in- toxicated; that employess and patrons were permitted to behave in Aspen, Colorado Hearing - Knight Club Inc. Continued March 22, 1965 an improper, indecent and lewd manner. THEREFORE, BE IT RESOLVED, that the City Council of the City of Aspen, orders that the. malt, vinous and spirituo~ liquor license issued to the Knight Club, Inc., shall be and the same is hereby suspended for a period com- menclng at 2:00 o'clock A. M. on t~ 23rd of March, 1965, and continuing until 2:00 o{Glock~A. M. on t~ second day of April, 1965; BE IT FURTHER RESOLVED, that the City Council in ordering this suspension has taken into account the evidence offered in mitigation of the violations cited in the complaint and does hereby declare that were it not for the serious efforts m~e to correct these conditions that brought about the suspension, the suspension would have been for a greater duration; BE IT FURTHER RESOLVED that Notice of SuspensioD shall issue forthwith, or as soon as the same can be prepared, and shall be served in the manner provided by statute and regulation. Councilman McEachern thereupon moved for t~ adoption of the foregoing Resolution. Councilman Kuster seconded this motion. Roll call vote: Council- man Stapleton aye; Councilman McEachern aye; Councilman kuster aye. The hearing was adjourned, at 6:05 P. M. upon motion made by Councilman McEachern, seconded by Cuocnilman Stapleton a~ carried with all Councilmen voting aye.