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Home My WebLink Aboutminutes.council.19890131Lia uor License Hearin4 Aspen City Council Januarv 31. 1989 Mayor Stirling called the liq uor license authority to order at 5:00, continued from January 23 , 1989, with members Isaac, Tuite, Fallin and Gassman present. Fred Gannett, city attorney' s office, told Council they can proceed directly to hearing, in which the city s allegation sasnindicatedca to show cause are contested issues. The licensee h willingness to stipulate to a set of facts, which sotodacceuttthe a violation of the liquor code. If Council choose P stipulation, there would be an acknowledged violation. This would allow Council to move into the sentencing basis. Gannett said if Council is to accept the stipulation, staff would mi a nanaalproe inf ormation they have available in ° Vee theoo deortunity to put in priate sentence. The licensee will ha pp testimony mitigating the sentence. Nick McGrath, representing the licensee Andres, told Council the licensee will acknowledge the incident. McGrath said the stipula- tion is that an officer came in and there was a person drinking after the requisite time. McGrath said the city and the licensee will support evidence for what the sentence ought to be. McGrath said this stipulation will remove the burden ofuncil.C1McGrath having to prove 3 different violations before Co said the licensee acknowledges the incidents referred to by the city and regrets them. McGrath said Ebbe works E be has doormene to see that the liquor laws are enforced. b waitresses, wine stewards and bartenders who card patrons. McGrath said there is no evidence that Andre's served any liq uor after midnight December 25. McGrath said the second incident is colored by "fight", which has nothing to dot the 18heearlclds license. McGrath said the evidence will show tha Y were with their parents. It is possible the parents purchased the alcohol. Mayor Stirling said Council can take no action, they can revoke the license, or they can suspend the license on some ba denialG ofnthe said staff has chosen not to proceed on the basis of liq uor license renewal. Gannett said this stipulation of facts is acknowledging a violation of the law. Council can look at this and based on the facts go directly into the sentencing phase. McGrath said the stipulation would allow Council to have a simple hearing. Gannet said staff was prepared to proceed on 3 charges; a violation of drinking after hours, 2 charges of serving minors. Gannett said staff will produce testimony on all 3 charges. Mayor Stirling said by stipulating to these facts, the licensee circumvents the second two charges. Mayor Stirling said these cha that the licensee serious. McGrath explained his understanding was will plead no contest to this stipulated charge and the city will 1 Lia uor_ License Hearing Aspen Citv Council Januarv 31~ 1989 drop the other two charges. These charges will only nsel to the discussing mitigation of the sentence. Gary Esary, cou authority, told Council if this is a plea of nn contions~o The violation, Council has a fullas anart oof sthee sent ncpng process. other charges will be heard p Councilman Tuite asked if the 1 icensee would ct a thea would be challenge Council's decision based hat Counc~.l has never done treated unfairly for an offense anything on before. Esary said Council has more latitude in the sentencing area. Esary said the licensee can appeal a sentence, but Council's discretion in the sentencing area is greater than in the adjudicatory area. Councilman Isaac moved to proceed according to the arrangement presented by Gannett; seconded by Councilwoman Fallin. Mayor Stirling said this sidesteps the more se these char es aMredr Stirling said he feels the public should have g Esary said hearsay evidence is permitted, but to rely wholly on hearsay evidence is difficult for an adjudicatory bOO come Tin evidence of the underage drinkers i s eal ~o oseps to focus on the through police reports. Gannett said h p p incident of January 14/15, in which he can pound rel Hang eon testimony. Esary said Council is on stronger gr Y hearsay for sentencing purposes than for adjudicatory purposes. Councilwoman Fallin said she does not want it to appear that the city is dropping the charges of under age drinkers. Gannett said by bringing in testimony relating to other transactions mationgthat by virtue of that testimony there is sufficient inf or warrants attention. Gannett said he feels the public is well served by spending the focus of time on the appropriate sentence for the violation as compounded by materials brought forth in the sentencing phase. Councilman Gassman said his concern is that he wants all the evidence to be aired. Councilman Isaac said he thought there were other alleged violations that are not being brought. Gannett said when the renewal came forward McGrathosaid brought up 6 potential violations of the liquor code. since other incidents are not charged, he would object to hearing any statements about any other incidents. All in favor, with the exception of Mayor Stirling. Motion carried. Gannett told Council in the complaint, the citylaulated occu~red tion; the first violation, which has been st p 12/26/88, in which Officer Slugocki of the Aspen Police Department passed by Andre' s and determined there were customer kis observedh4 bar at 12:09 a.m. Monday morning. Officer Slugoc persons holding bottles of beer. Officer Slugocki ° ned his was persons to put the beer down. Officer Slugocki determ 2 Lia uor_ License Hearina Aspen City Counc~ 1 Januar~t 31. 1989 of alcoholic content. Slugocki also observed alcohol being consumed. The second complaint allegedly took place 12/27/88 and involved a disturbance at Andre' s. Gannett said there were 3 seo f 16 pearlold one group including 18 year old boys, and one group Y boys. A dispute arose between the 16 years old d na dtleftlthe gentleman. A fight ensued, the kids were assaulte bar. When leaving the bar, they told their 18 year old friends, who went over to the older gentlemen and another fight took place. Gannett told Council in the context of this investigation, Slugocki determined that the 18 year olds had consumed alcoholic beverages on the premises. In the context of this investigation, the police department served a criminal complaint on the owner of the bar, the waitress and the bartender. These matters are pending before the Pitkin County Court. Gannett said in this investigation, Slugocki determined at least one waitress who served the 18 year old boys had not carded the boys prior to serving them. The third complaint took place January 14/15, 1989, involving 4 minors, 2 girls aged 15, 2 boys aged 19. These 4 minors ordered dinner at Andre's and ordered a Bloody Mary as a test t roceeded they would be carded. When they were not carded, they p to order other alcoholic beverages. At approximately closing hours, the bar manager called a taxi for the s not feel ' nghwell While in the taxi cab, one girl determined she wa and asked to be taken to the hospital. Gannett told Council while at the hospital, blood was drawn, analyzed by the toxicologists and determined to contain a blood alcohol content of .202, which is 2 times the presumptive level of under the influence. Gannett told Council all 4 kids indicated to the police department they were not carded at any stage of the time at Andres. Gannett said Nicole Spurge was taken into the custody of the Pitkin County Sheriff's Office. While in their custody, her purse was inventoried. It was determined it contained only one form of identification, a passport showing the date of birth of December 24, 1973. Nick McGrath, representing Ebbe Saghatoslami, told Council Ebbe has been in business in Aspen for 16 years and is the owner of Caspian ~ The 1 icensee corporation d/b/a Andre s, which he bought last year . acknowledges the incidents referred to by the city and regrets them. Ebbe works hard as a licensee to see the liquor laws are enforced. Ebbe has doormen, waitresses, wine stewards, and bartenders who card patrons. McGrath said there is a problem with false identifications. McGrath said there is no evidence that the licensee served any liquor after midnight on December 25th. There were people drinking after hours, and this should not occur. McGrath said the second incident is colored by "fight", which has nothing to do with the liquor license. McGrath said the evidence 3 Liauor_License Hearina Ashen City Council Januarv 31. 1989 will show that the two 18 years old were with their 8arears• oldt is possible the parents purchased liquohefl6 tear old had a drink McGrath said there 1McG~athldointedhouttthe charges were dismissed in Andre' s at all . P against the 16 year olds. McGrath said in the third incident, the evidence lca d dlseveral McGrath told Council Andre' o haveefake tids g nerally know it is times. McGrath said kids wh a crime to have fake ids and do not produce them readily so that they can be prosecuted. McGrath said he will present evidence of Ebbe's policies and his future plans for enforcing the law. City Clerk Kathryn Koch swore in all the potential witnesses. Mike Slugocki, Aspen Police Department, told Counc d noticed9about on December 26, 1988, he was driving by Andre s an 25 people inside. Slugocki went inside and noticeo leave al Onepor drinking. Slugocki said he asked these people t two persons downed their beer in front of Slugocki. Slugocki told Council on December 27 he responded to Andre's to a fight in progress call. Slugocki said he later took statements at the police department. Slugocki told Council it appeared the two 16 year olds had snuck up the backstairs into the eisa d hadecome 18 year olds had dinner with t earr oldsewere friends with the two upstairs to the disco. The 18 y 16 year olds. The 16 year olds got into an altercation with gentlemen from California. The 16 year old left, telling the 18 year olds about the altercation. The 18 year olds then got into an altercation. Slugocki told Council the two 18 year °and were they had dinner with their parents u t to the tbartender and were served by a waitress. They w p served beers. Slugocki said the investigation states t the tolice year olds were not carded. Slugocki told Council P department cited the two older gentlemen for third degree assault and are pursuing the investigation of the underage drinking by serving Ebbe, a bartender and a waitress with citations for serving minors. Slugocki told Council the Santa Barbara police department will be serving the 18 year old with summonses . Slugocki said he did not see a bartender serving drinks after midnight the night of December 25. Slugocki said the police department exonerated the two 16 year olds from drinking. Slugocki said the 18 year olds were not searched. Slugocki told Council the liquor code reads that all alcohol has to be off the ba ach d the the tables after midnight. Slugocki told Council he appro manager that night, who thanked Slugocki for helping get people out of the bar . 4 Lia uor License: Hear~pq_ Aspen City Council Januarv 31. 1989 Peter Bock, Aspen Police Department, told Council he was called by the Aspen Valley Hospital January 15, 1989, telling him they had a juvenile with a blood alcohol count of .202. Bock said he contacted the juvenile officer. Bock said he interviewed a wine steward and a waitress from Andres. Bock told Council both the wine steward and waitress told him they carded the two girls and two boys. Bock said the waitress indicated she thought the girls looked 18 or 19. Bock said he felt they should have used another method of determining their age or should have called the police department. Bock said he did not ask the waitress or wine steward if they thought the identification was false. Glenn Schaffer, Aspen Police Department, told Council he spoke to the two boys, Eric Richardson and Glenn Fuller, who were with Nicole Spurge . Schaffer said the two boys stated they went to Andre's for dinner and as an experiment ordered drinks and were served alcoholic beverages. Schaffer said he spoke with the other 15 year old girl who told him the 4 were served alcohol while eating dinner. Schaffer told Council he asked if these 4 were carded at any time and was told they were not carded at all. Schaffer said all 4 people told him they were not asked for identification and they did not own any form of identification. Gannett submitted into the record an affidavit from Nicole Spurge . McGrath objected to the admission of an affidavit of an out of town witness. Council accepted the affidavit. Gannett said Nicol e Spurge swears in this affidavit that she was not carded nor was any request for identification made of her. Gannett entered into the record a photographic copy of a photograph taken by Officer Bruce Benjamin on January 15, 1989, in the sheriff's department. Gannett entered into the record a certified copy of the medical records from the Aspen Valley Hospital indicating a blood alcohol content of .202. McGrath objected because the witnesses were readily available. Councilman Isaac asked what the penalty for having a false identification is. Gannett said it is a class 3 misdemeanor or class 5 felony, with fines and jail time associated. Gannett introduced a search warrant for Andre's for records which related to service of Spurge on the night of January 14th. Gannett submitted a receipt for $286.86 and a bar tab indicating the drinks consumed. Joseph Girardi told Council he is a friend of Ebbe's and occas- ionally helps out at Andres. Girardi said Ebbe's policy and attitude is that of someone very concerned about his business. Girardi said Ebbe would not jeopardize his business to make a sale of liquor. Girardi said he has seen people being carded at various places in Andre's and has seen people turned away without proper identification. Girardi told Council he was at Andre' s the 5 Lia uor License_ _H_earina - Aspen City Council January 31. 198 night of the incident with the teenagers. Girardi told Council the subject that these teenagers proved their age came up. Girardi told Council between the time dinner hour ended and the time the band came on, these teenagers left the premises. Shawn Boyd testified that she is not able to get into Andre's without a proper identification. James Clark, bartender at Andre' s, said he worked the evening of December 27th. Clark told Council none of the teenagers involved in the fight incident obtained liquor from him nor did he see them in the establishment. Clark told Council the liquor license policy at Andre's is very strict. Clark said Ebbe's policy is if any patron looks young, they are to be carded by any employee. Clark said he has not taken a class in identification at Andres. Clark told Council he has confiscated one false identification and has had the police called on a number of occasions. Clark said as a policy Andre's calls the police when they find false ids. Clark said there is a doorman who cards people as well as someone carding people when they go upstairs. Clark said if he does not trust the id, he does not serve drinks. Steve Gogin, wine steward and manager at Andres, told Council he was the wine steward the night the juveniles were served champagne and did card them. Gogin said the ids appeared very valid. Clark told Council Ebbe encourages his employees to card and card again. Gogin told Council he eventually cut off Ms. Spurge because she seemed to be intoxicated. Gogin told Council he brought 12 glasses to the juveniles table because other people joined them. Gogin told Council he has not had a class in false identifications. Gogin told Council Ms. Spurge tried to do a house charge first. Ms. Spurge also told Gogin she had been in Aspen for awhile and that this was her engagement party. Ebbe told Council he tries very hard in his establishment. Ebbe said he is against after hour drinking. Ebbe told Council he has engaged Westec Security since December to check the premises half an hour after closing time. Ebbe said he stops serving alcohol 20 to 25 minutes before the bar is supposed to be closed. Ebbe said is it more difficult to close the bar on Sunday because the bar has to close at midnight rather than 2 a.m. Ebbe said at 20 minutes to closing time, there are no bartenders behind the bar. Ebbe told Council he talks to every bartender and cocktail waitress and tells them to check ids every night. Ebbe said he is at the establish- ment every night. Ebbe said he has someone on the door checking ids after 9:30 p.m. every night. Ebbe told Council he himself checks ids when someone does not look old enough. Ebbe told Council he requested Gogin, the wine steward, to check the ids of Ms. Spurge and company. Ebbe said he saw the wine steward check the ids . Ebbe said these people looked young to him, 6 Lia uor License Hearin4 Aspen- Cites Counci_1 January 31. -1989 which is why he instructed the staff to check their ids. Ebbe said he cooperates with the police and calls the police about false ids . Ebbe told Council he had a meeting today with the police department regarding enforcement policies. Ebbe said the police are doing a great job and are there in seconds after being called. Ebbe told Council the problem of underage drinking has been more acute in the last year. Ebbe said he does not promote underage drinking at his establishment. McGrath entered an affidavit into the record from Manya Lawry, who states she was in Andre's January 14th, saw the teenagers drinking and saw at least one member of the party ci rculating a driver' s license. Ms. Lawry states that security at Andre's was very tight the night of January 14th. Ms . Lawry states all 6 people at her table were asked for identification. John Goodwin, police chief , told Council about 3 months ago the police department discussed an evolution of their policy regarding underage drinking, drinking after hours and open containers. Goodwin said there was a session with the state liquor enforcement officer, the police and the 1 icensees to go over these policies. Goodwin told Council he would like to make available to Andre's staff other methods for them to increase their skills. Councilman Tuite asked why the staff does not bring offenses to Council throughout the year rather than at renewal time. Goodwin said the police are going through a learning process. Goodwin said the police department has developed a system that their liquor liaison officer talks to the bar manager the day after a violation is reported. The police department is writing a lot of summonses. Louis Schneider told Council he knows Ebbe, and when he had dinner with Ebbe at Andres, Ebbe left the table at least 3 times to talk to staff about checking ids. Rick Lindner told Council the false identification problem is very big. In the state of California, the state is putting in a special insignia on the driver's licenses which can only be seen with a special light. Karen Smith, employee at Andre's for 4 years, told Council she did card one of the young men with the party on January 14, 1989. Ms. Smith told Council they do use flashlights to check the under side of identifications. Ms. Smith said employees of Andre's do go to meetings and bring back information to share with the other employees. Si Coleman told Council he is a friend of Ebbe's, who would not risk his business by willfully doing something illegal. Coleman said Andre' s is owner operated. Stan Seligman said Ebbe has turned Andre's into a respectable, well-run and operated restaurant. Seligman said he has not seen anyone work harder to enforce the law. Seligman said Council should not inflict a punishment on an asset like Andres. John Hamwi said kids have become very sophisticated about fake identifications. Hamwi said he feels the 7 ~-989 Liquor License Hearing Aspen City, Council Januarv 31~ city should bring up 1 iq uor license violations more than at renewal time. Hamwi said Ebbe is constantly monitoring ~en~estI~riSta Tom Iacono said he feels Ebbe runs oin o to t y bto sget in. Iacono popular place to go and kids are g g said the onus of using false ids has to be put on the user. Gannett said there were no ids confiscated, there not chapredf there was false ids used; therefore. , scated s the epolicy of gthe Gannett said if there were ids confi - Gannett police department is to file charges agai ere werek 6d violations. told Council in the course of , of tions; tone serving after hours, Staff choose to proceed on 3 vi and 2 serving minors. Gannet said on December 27, there was a fight in the bar of Andre' s. As a conseq uence of that fight, criminal summons were served. Gannett told Council on January 13, notice was Andre's liquor indicating there would be a hearing w incident in which two 15 year 1 icense . On January 14, there was an olds, one 18, one 19 were served alcohol and one of the parties involved ended up in the hospital . Gannett said the responsibility of the licensee goes beyond checking identif ication said theeissue to take into account who they are serving. Gannett at this hearing involves a man's property interest. Gannett said having a liquor license is a privilege. If Council receives indicia the privilege has been abrogated, Council has anseelasawell to take the privilege away to serve notice on the 1 ice as other licensees that serving alcohol is a privilegrocess nwork said Ebbe has demonstrated an intent rove he renewal. Gannett better. Gannett recommended Council app told Council he had discussed with the licensee'e than one weekt Council suspend the license for one week and no mor McGrath told Council Ebbe tries very hard to run a good business. There is a problem with fake ids, and the probl o t the tnatureoof sophisticated and difficult. McGrath pointed Andre' s has changed in the last 3 to 6 months; more yo mo er apecUpee are going to Andre's and tha hasatostr hharde b a d he is taking McGrath said Ebbe recognizes he Y steps to do that. McGrath said only one incide dence thatgany drinking after hours. McGrath said there is no eve one served after hours. McGrath said renewal of a liquor license is an extremely important thing to a business. If a license is not renewed, a business can go bankrupt. McGrath said that is not an appropriate sanction for having 4 people drinking after hours. McGrath said since this is the first matter that hason at a 1 ndeA the new policy, that Council not impose a suspense suspension at a busy time is a costly matter. Ebbe has submitted himself to be rightly criticized as he didn t live up to his po 1 i cy . 8 Liquor Lieense Hearing Aspen City Council January 31. 1989 Councilman Tuite said this is not about how hard Ebbe to r asked if about a problem in the communi the last month tol avoid these policies have been changed i incidents in the future. Ebbe told Council he has added two more doormen. Ebbe said he does not want serving underage people to happen in his bar. Ebbe said he feels the underage person should be punished. Councilwoman Fallin agreed the parents should be responsible. Council should also instruct the police department that they want more enforcement. Councilwoman Fallin said the person serving the liquor has got to be the most stringent one. Councilwoman Fallin said the city cannot of f ord a pol ice person at every establishment to enforce the 1 iq uor laws. Councilwoman Fallin said every 1 iq uor establishment should be put on notice that the city i s going t o ge t stricter with license holders. Councilwoman Fallin said every liquor holder, in order to have a license, should have a training in their establishment every two years and before they are granted a license. Councilwoman Fallin said there are not a lot of places for kids to go in this town. Councilman Isaac said having a liquor license is a privilege; it is not a right. Councilman Isaac said by taking a liquor license, a person is taking on the responsibility of enforcing the laws of the state and of Aspen. Councilman Isaac said he has not seen the will of Andre's to go through the training which is necessary for the new awareness that liquor for underage kids is a serious problem. Councilman Isaac said if 1 icense holders do not uphold the law, it is up to the liquor license authority to come down on these people. Councilman Gassman said attitudes toward alcohol in the nation are changing. Councilman Gassman said Council has only addressed one other serving after hours violation, and renewed the license. Councilman Gassman said these violations are serious. Councilman Gassman said it is abdicating responsibility as parents and as community leaders to say the burden is all up to the licensees. Councilman Gassman said Council has to hold everyone to the same standards. Mayor Stirling said he feels having a license carries respon- sibility and accountability. Mayor Stirling said liquor licenses have an effect on the public . Mayor Stirling said young people are doing anything they can to get into establishments where the action is. Mayor Stirling said his questions are was Andre's diligent enough, and what is equitable and in the best interests of the community. Mayor Stirling said there is a collective respon- sibility, and the Council needs to send a signal. 9 Lief uor_License Hearing -Aspen- City Council Januarv 31. 198.9 Mayor Stirling moved the liquor license authority renew Andre's liquor license and recommend suspending the current license for 3 nights, February 1, 2, and 3; seconded by Councilman Gassman. Mayor Stirling said he feels it is important uncilwoman Fallin because there were some obviousna the l~.cense~ fo~ 1 or 2 weeks and said she would prefer to suspe that any further violations would be an automatic revocation of the 1 icense . Councilwoman Fall ~ n said it should be , red~t 1 rtaket the the renewal that all Andre s employees be requi servers training. Mayor Stirling said he would be willing to add everything to his motion except the longer suspension. Councilman Tuite said he has a problem about another violation. Council has just seen how hard it is to prove a violation. Councilman Tuite said any violation has to be proved in front of Council . Council- man Tuite said Council should be putting Andre's on notice if there is another violation, Council will have a hearing in order to make a decision on that violation. Councilman Isaac said he would prefer a week's suspension as 3 nights is not adequate for the number of violations Council has heard about. Councilman Tuite and Mayor Stirling in favor; Councilmembers Gassman, Fallin and Isaac opposed. Motion NOT carried. Councilwoman Fallin moved to suspend the 1 icense for one week; another infraction would result in a hearing which would possibly be revocation of the license, and that training for all employees of Andre's be provided by either the police department or A5AP or a combination, and that the license be renewed; seconded by Councilman Isaac. Councilman Tuite said he has a problem with revocation for one more violation in the next year, no matter what the violation is. McGrath said it is illegal for Council to restrict their own authority. Council has to take into account what penalty is appropriate for a violation. Esary said Council has authority to hear on a hearing by hearing basis, based on the facts at that time. Council could announce a prospective policy that in the event of a second violation, if that violation is supported by the facts, it would be Council's policy to seriously consider a revocation at that point. Esary reminded Council they have the authority to do a summary suspension of a 1 iq uo r 1 icense if it i s supported by facts. Council has a range of statutory options available. Councilwoman Fallin removed from her motion the part of about the infraction, and added that the training has to be completed within 30 days; seconded by Councilman Isaac. 10 Lia uor= License Hear~.na Asven City Council Januarv 31. 1989 Councilman Gassman said he feels Council has indicated they are serious with this hearing. Council is saying they ar ilmangGassman way they view liquor consumption lestaurant~toCattain perfection said he has a problem asking one r which Council has not asked other restaurants ensionain. Mayor Stirling said he will not support a 7 night su p Councilmembers Isaac and Fallin in favor; Councilmembers Gassman, Tuite, and Mayor Stirling opposed. Motion NOT carried. Mayor Stirling moved to suspend Andre' s 1 iq uor license accom 1 fished beginning February 1st and all the remedial steps be p within 30 days; Councilmembers Tuite, Isaac and Mayor onlcarriedn favor; Councilmembers Fallin and Gassman opposed. Moti Esary said he will have findings of fact prepared. The licensee may wish to appeal this sentence. Council adjourned at 8:20 p.m. . ' ~~ Kathryn Koch, City Clerk 11 ~ ~~ ~ ~~~ e~, STIPULATION OF FACTS AFTER HOURS DRINKING INCIDENT OF DECEMBER 26 1988 The undersigned parties agree that the following facts are an accurate representation of what took place at Andre's Restaurant on the night of December 26, 1988. At nine minutes after midnight on Monday, December 26, Aspen Police Officer Mike Slugocki entered the bar of Andre's Restaurant and observed approximately 2 5 to 3 0 persons present in the bar area and surrounding tables. Although not all of these persons were drinking, Slugocki took four beers from four different persons u:ho were drinking and saw several others put down their beers volun- tarily. He did not observe any sales of liquor conducted after midnight. J. NICHOLAS McGRATH, P.C. Attorneys for Ebbe Seghatoleslami B ~ ~ ~ ~, ~1 ` -~. y ~f J. Nicholas McGrath Fred annett Asp~City Attorney ,\ By ~ ~1. red Ganne Ebbe Seghatoleslami President and part owner Caspian Corpoation ,,1 ~~ By ,/ Ebb~eghato ~slami ~.~ i Bill Stirling Chairman, Aspen Liquor Board .-~~ -~' ~.~%~~~ $y - Bill Stirling r C~ CERTIFICATION OF MEDICAL RECORDS I, Marjorie Rohde, ART, Custodian of Medical Records at Aspen Valley Hospital, state as follows: (a) That affiant is the duly authorized Custodian of the Medical Records of Aspen Valley Hospital and has authority to certify said records, and (b) That the copy of the Medical Records attached to this affidavit is a true and accurate copy of the original records which are on file in the Medical Record Department of Aspen Valley Hospital, and (c) That the attached copies are for the record identified as follows: Name of Patient NICOLE SPURGE Medical Record Number 13 9 2 7 - ~ - Admit Date 1/15/89 - ~ - - Discharge Date ~ -----~~ Subpoena Date - --- --~~~~~ Case Number Aspen City Council - - - - - - - .. ~~ - . G=~~ Marjori Rohde, ART Direct r of Medical Records Aspen Valley Hospital Date NOTARY: ~u~sc~ita~d ~d svu~~~ ~o fmL 3hi~ `3 '_ ~If e~C of 'iJV I.~~~t'~1~.i111 .V ~1 ~g S~~~"~/ r•~. `~E rc>.'~~ Jt ~~I~~/~~I•.f~~cr~.•.~~.~~t~b~11~6~111 •.3~1~1~ EATM ENT 0200 CASTLE CRr~K ROAD, ASPEN, COLORADO R1611 ~~ ~ -~ . _~~ n. i- CORM ,303) 925-1120 HOS NO.~~~ MED. REC.,~V~ UUII aM~ (LAST, FIRST. M.I~) ~- t~~ t~ l C_ U L SEX M. STAT. ~ AG ~ ~- F~AJ NAME OF LAST ADM T ~A AD MIT ATE i '- .. sAiLIN A1DDR SS - P.O. 0 / CITY/STATE/ZIP S O. vEAREST RELATIVE FOR EME~ NCY ~ ~~~ ~ t~ RESS -CITY/STATE/ZIP ~~ v R LATIONSHIP PHON~ F/C NEAR TE$~ -RELATI~D FFE RENT MAI, IiNG A~DgESS~ + r~ ~ _ ~G$~5a ~/~, ~C37~~ V ~ LATIONSHIP -~ ~,rJ'-T---- py{~(~E C, GUARANTOR RELATIONSHIP ADDRESS PHONE EMPLOYER OF GUARANTOR OR PATIENT r .1 ~' OCCUPATION EMPL ADDf~ESS /l.~ rC~f//~ PHONE INSURANCE CARRIEj~ rn' ,~ f- ADDRESS SUBSCRIBER'S NAME SUB. S.S. NO. POLICY NO. GROUP NO. MEDICARE/MEDICAID NO. GUAR. NO. AUTO ACC. ^ YES I i NO WC ^ YES J NO (NON-ERG) OR. PHYSICIAN'S CHARGE S PAID ^ YES ^ NO DR. $ PAID ^ YES NO IC~-L SECTION OP NOTE DICTATED? I-I YES n Nn ~ ~ ~ SELF ~~ EL POLICE AMB OTHER SKIING ACCIDENT FROM ^A ^B ^H ^S ^OTHER DATE/TIME OF ACCIDENT TI E IN O ~ ~ TIME DR. NOTIFIED TIME SEEN TIME OUT LEVEL OF CONSCIOUSNESS ^ ALERT ^ COMBATIVE ^ CONFUSED ^ STUPEROUS ^ \ 1 LAB -~ ~ PATIENT INSTRUCTInNS ~ DISPOSITION ^ ADMITTED ________ __ ROOM NO. ^ 24° OBSERVATION CHARGED a ATTENDING DR'S. SIGNATURE -- G NURSE'S SIGNATURE ~ - :ONOITION OF PATIENT AT DISCHARGE / ~ I HAVE RECEIVED AND UNDERSTAND 5 1 ~ - ASPEN VALLEY HOSPITAL ~ ASPEN, COLORADO MISCELLANEOUS 1 I A R (1 R A T(1 L2 Y R C P!1 Q T !`!] 1 1 C !` T 1 [l IU C V C C T -. : - '' a ~ - ~ ~ ' ~ ~ i m ; . ~ TIME OUT 1 { r, L~ ~ ~ J i SPECIAL CHEMISTRY MISCELLANEOUS PLACE 2 PLACE 3 HERE PLACE 2 HERE PLACE 3 HERE HERE THE STANDARD REGISTER COMPANY MISCELLANEOUS ~r ~~.~:_ ~. r ~- t r--- 4~. f ji f i - ` __ .I i i V i n , j r ~. ~ . 1 i ~. 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S_ • ~ O -t O .. ° w ~ R ~ :o H rn R ~ r. .. .~ ~, -+ ~+ -+. to O tc .. •+ r 2 u w, r •e! W wr r to ~ 1 ( 1 1 to .. .q ~o R ~ fD f9 ~ •. A n • > 1 1 t r 1 1 1 7 v ~ ~ ^-! > Z In r+ •~•. .b H ~ t~G n O -+ ~ td 1 • B ~> > O. 7 m R O < N V .{ n 6~ r3 d O 3 Z7 .D -4 ry D< O' n 1 ~C n O .n.. ~"1 O t7 7C' O V1 L: n O R fD t7 wr r .. n ~ ^. n ~ M O fJ C n 00 ••1 a O /D -+ A to OO C7 ' n ~ < n O Gy^ O .~ n S? C w ~ .~. • n C r'• C F.. ~ .r ~ ~ ~ tRl = O ~ ? A °^ °f ' 1 1 1 I C ~ ~ ~., N r ^ 1 ~ ... g0 C a .•..-/ G. r C .;. ° a n .^•• r X7 ~p ~' r.. rr• n r~i. 1 1 1 ~B k ~C L< ~ T G 1 n ~° C: t: r ~ I' w ^I C b n R v A 9 O ° r 6 C m R O ~ O •,' ~ (p O' /' ~ y9 Z7 ~ ~ y •1 ft• 4> _ ~ R ~ • .~ 7 S ~ = t9 fp a'. . n 7 ~ ~ I A • + ~O fD R N Q, , ~ y O .. ~+ 9 - ~ m O ~a-• ' ~` ~ 1 K ' •' 7 H ~ ~. n .. -• le C-~ IN THE DISTRICT COURT IN AND FOR THE COUNTY OF PITKIN AND STATE OF COLORADO APPLICATION AND AFFIDAVIT FOR A SEARCH W1~~ STATE OF COLORADO ) ss. COUNTY OF PITKIN ) CR # 89-701 The undersigned, being first duly sworn, upon oath, deposes and says: 1. That this Affidavit is made in support of an Application for a Search Warrant to search the following premises, person(s) or things, to-wit: Andres, 312 South Galena, City of Aspen, County of Pitkin, State of Colorado. 2. That the person(s),. property or thing(s) to be searched for, and seized if found. ( ) Is stolen or embezzled; AND/OR ( ) Is designed or intended for use as a means of committing a criminal offense; AND;OR -~-- ( ) Is " or has been used as a means of committing a criminal offense; AND/OR ( ) Is illegal to possess; AND/OR (X) Would be material evidence in a subsequent criminal prosecu- tion; AND/OR ( ) Is a person, property, or thing the seizure of which is expressly required, authorized or permitted by a statute of the State of Colorado; AND/OR ( ) Is kept, stored, maintained, transported, sold, dis ensed o possessed in violation of a statute of the State of Colorador under circumstances involving a serious threat to public safety or order, or to public health. 3• The person(s), property or thing(s) to be searched for are: A. Cash register receipts pertaining to the sale of liquor to Nicule Spurge in the incident of 14 and 15 January 1989. 1 B. Waitress/Bar checks and/or Bills pertaining to the sale of liquor to Nicule Spurge in the incident of 14 and 15 January 1989. C. Credit card receipts pertaining to the sale of liquor to Nicule Spurge in the incident of 14 and 15 January 1989. NOW, THEREFORE, the undersigned Applicant moves this Court for the issuance of a Search Warrant for the address or location named or described above for the search and seizure of the above-described person (s) , property or things (s) . .' ~~~~ / 7YJ C,~Orp ~'%j Applic t and Title The foregoing Application and Affidavit for Sear h Warrant was subscribed and sworn to or affirmed before me this a •19 Q° by Gary G. White ~ ~ y of q BY THE COtTRT _- ~--~ -- ~--- Judge 2 r,. ~_, r. . e r~v Tat}le-t~lo. ~ a G s mete • . , ~ ~! ~~, ~ / 44 .246 ., f 2 3 t ' f•'i ~t Lri7i ~i i rt-_.: ~ ~lJ~ ~. T.., i , r ip 7 ~r - i_ jii~tl 5 _~:: :: T _. t_ I t ~ -- - ~ F '. ~ .• t t~ - f ''.L_i ~i~ _ p .r_ -i_ i.! i 7 U .i...~~ a '-~ -.~~ 9 10 i ? 11 -. t ~ --_ _ .i t ~ -.r ~ ~ ~ .. ~~ ~ . ' t r I r 1 r'\ _ r 1.. ~ ~ ! I'Y t~ ~ f ~ • . . • ~ ! ~ti -?fi'r' ;'_~ { - --.t- • t t -, t ~ t ~c.V ~ ~ .~._ ~='1 1 ' ~G~~'~~ ~ QG~ ~ l f1i' L~ •-_ FOOD -~ - - - BEVERAGE I I ~~ ,~ ~'r ~ .~ u, w qtr ~ i~ 3 :. ... ~ _ M ,r+ f i -r'-. ` - r Beverages ` . 1 b -- . - -_ -: - -_. .- --- _ -- _ 3 - ~~-~ - _ - -- - - - 4 s ~--2~ ,.. ^_ ~,~ - _ _: ~_ 1 _ _ ~~ -„ ' ' ~ ~' ac r,' ,; ` ~ i1 32 73 ~--t I ;~ j _ i TransfiQr rout TOTAL .~ ~~ 1 _ _.... ' 'J '. - "~+ ^v~ i i i ~ a ~a ia~ r ~.~-.~ `~oea% 3 ~1 ..~. ~ ' a i i ~~ ~~ ~ ~ i :R . ~ -~. rr ~~ 5311505 . ~ ~ 1 PuRCHA;~ER SI SALES SLIP X ,~~ ~ THIS FORA1 TO 8E USED WITH Cardholder ackn etlges ~ pt of g ds and/or aervlcea D ~"~ ~ --` In the amount of the Iota own ereon and agrees to R V~~ pertorrn the oDllgatlons ae forth In the Cardholders r..ivr;J agreement with the Issuer. SA~ETPERF° U.S. Pat. 4,403,793 SPLIT CARBONS - MERCHANT COPY HELP PREVENT FRAUD SNAP -~~.~s ASPEN SECURITY, INC. ~restec SECURITY & FIRE SYSTEMS January 12th, 1989 Andre's c/o Ebe Eslami P.O. Box 8906 Aspen, Colorado 81612 L-1 On December 1st, 1988, Aspen Security, Inc., patrol division of Westec Security, entered a contractual agreement with Andre's to provide one (1) security patrol walk-thru of Andre's Restaurant, which includes checking all floors of the building, paying particular attention the the bar areas, ensuring that there is no after hours drinking occurring at the establishment. Walk-thru of premises to occur between the hour of 3:OOam to 4:OOam, with two (2) additional drive-bys (spotlighting the premises) between the hours of 4:OOam to 6:OOam. As per your request, the following records of the patrolmen's time-checks are listed: 12-Z-88 Walk-thru: 0340 hours to 0349 hours / Drive-by: 0411 hours / 0537 hours 12-3-88 Walk-thru 0340 hours to 0346 hours / Drive-by: 0438 hours / 04,42 hours 12-4-88 Walk-thru 0346 hours to 0409 hours / Drive-by: 0515 hours / 0540 hours 12-5-88 Walk-thru 0401 hours to 0418 hours / Drive-by: 0444 hours / 0546 hours 12-6-88 Walk-thru 0304 hours to 0346 hours / Drive-by: 0410 hours / 0501 hours 12-7-88 Walk-thru 0420 hours to 0435 hours / Drive-by: 0506 hours / 0540 hours 12-8-88 Walk-thru 0356 hours to 0409 hours / Drive-by: 0419 hours / 0545 hours 12-9-88 Walk-thru 0321 hours to 0330 hours / Drive-by: 0458 hours / 0522 hours 12-10-88 Walk-thru 0312 hours to 0320 hours / Drive-by: 0412 hours / 0459 hours 12-11-88 Walk-thru 0345 hours to 0404 hours / Drive-by: 0503 hours / 0546 hours 12-12-88 Walk-thru 0045 hours to 0055 hours / Drive-by: 0151 hours / 0430 hours 0536 hours 12-13-88 Walk-thru 0230 hours to 0240 hours / Drive-by: 0425 hours / 0518 hours 12-14-88 Walk-thru 0327 hours to 0340 hours / Drive-by: 0419 hours / 0521 hours 12-15-88 Walk-thru 0355 hours to 0405 hours / Drive-by: 0500 hours / 0548 hours 12-16-88 Walk-thru 0405 hours to 0415 hours / Drive-by: 0514 hours / 0609 hours 12-17-88 Walk-thru 0336 hours to 0345 hours / Drive-by: 0402 hours / 0553 hours 0620 hours 12-18-88 Walk-thru 0310 hours to 0330 hours / Drive-by: 0506 hours / 0542 hours 12-19-88 Walk-thru 0347 hours to 0413 hours / Drive-by: 0108 hours / 0527 hours 12-20-88 Walk-thru 0240 hours to 0254 hours / Drive-by: 0415 hours / 0550 hours 12-21-88 Walk-thru 0508 hours to 0556 hours / Drive-by: 0628 hours / 0640 hours 12-22-88 Walk-thru 0245 hours to 0255 hours / Drive-by: 0428 hours / 0504 hours 12-23-88 Walk-thru 0252 hours to 0301 hours / Drive-by: 0330 hours / 0547 hours 12-24-88 Walk-thru 0336 hours to 0346 hours / Drive-by: 0556 hours 12-25-88 Walk-thru 0415 hours to 0425 hours / Drive-by: 0514 hours / 0530 hours 12-26-88 Walk-thru 0557 hours to 0605 hours / Drive-by: 0619 hours 12-27-88 Walk-thru 0350 hours to 0355 hours / Drive-by: 0420 hours / 0536 hours 12-28-88 Walk-thru 0340 hours to 0354 hours / Drive-by: 0511 hours / 0534 hours 0610 hours "When you need help, dial 925-HELP." 500 West Main • Aspen, Colorado 81611 • (303) 925-4357 ASPEN SECURITY, INC. 12-29-88 Walk-thru 0435 hours to 0445 hours 12-30-88 Walk-thru 0530 hours to 0536 hours 12-31-88 Walk-thru 0334 hours to 0346 hours Ol-O1-89 Walk-thru 2250 hours to 2255 hours Walk-thru 2305 hours to 2308 hours Walk-thru 2335 hours to 2337 hours Walk-thru 0317 hours to 0330 hours Walk-thru 0425 hours to 0430 hours 01-02-89 Walk-thru 0306 hours to 0320 hours 01-03-89 Walk-thru 0400 hours to 0410 hours 01-04-89 Walk-thru 0340 hours to 0400 hours 01-05-89 Walk-thru 0300 hours to 0320 hours 01-06-89 Walk-thru 0314 hours to 0321 hours 01-07-89 Walk-thru 0338 hours to 0346 hours / Drive-by: / Drive-by: / Drive-by: / Drive-by: / Drive-by: / Drive-by: / Drive-by: / Drive-by: / Drive-by: / Drive-by: 01-08-89 Walk-thru 0242 hours to 0310 hours / Drive-by: 01-09-89 Walk-thru 0330 hours to 0410 hours / Drive-by: 01-10-89 Walk-thru 0046 hours to 0052 hours / Drive-by: 01-11-89 Walk-thru 0331 hours to 0345 hours / Drive-by: 31-12-89 Walk-thru 0235 hours to 0310 hours / Drive-by: Regards ar Richmeier As en Security, Inc. anager 0558 hours 0557 hours 0510 hours / 0546 hours 0516 hours 0433 hours / 0449 hours / 0428 hours / 0404 hours / 0328 hours 0401 hours / 0601 hours 0517 hours / 0046 hours / 0239 hours / 0401 hours / 0427 hours / 0705 hours 0618 hours 0534 hours 0511 hours 0509 hours 0636 hours 0058 hours 0448 hours 0517 hours 0539 hours ~,. ,~ CITY OF ASPEN, ASPEN, COLORADO AFFIDAVIT OF MANYA LOWRY IN THE MATTER OF: CASPIAN CORPORATION Andre's Restaurant and Night Club 312 South Galena Street Aspen, CO 81611 04-81577 STATE OF COLORADO ) COUNTY OF PITKIN ) I, Manya Lowry, state as follows: 1. I am ~~ years of age and have lived in Aspen for two months. I am not related to anyone who works for or owns Andre's nor do I work for Andres. 2. I was at Andre's on the night of January 14. 3. I was seated with five of my friends at a table adjacent to a party of four young persons . I saw them drinking champagne and I also saw one member of the party, a female, showing other members of the party what appeared to be a driver's license or picture identification card. 4. The other members of the party looked at the identification card at some length and seemed to take interest in its details. 5. Security at Andre's was very tight on the night of January 14. Two bouncers, including an older individual, were blocking the entrance to the club and checking identification. A friend and co-worker of mine, Christin Studebaker, was denied admission because she lacked identification even though she is 25 years of age and has been to Andre's in the past. All six of us at my table were asked for identification before being served alcohol. 6. I read about the incident in the newspapers and told Steve, Andre's bar manager, that I had seen someone in the party showing off an identification card. Steve later identified the party I saw with the ID card as the one that was alleged in newspaper articles as being comprised of underage persons who consumed champagne at Andres. 7. The members of that party were apparently young people - on a spree of some sort who offered champagne to passersby. As mazy as a dozen persons were gathered at their table at various times. 8. I heard Steve refuse a request from that table for t~rro more bottles of Champagne. He said, "No, you've had enough." Dated: January 23, 1989 ~' ~ ,., Subscribed and sworn to before me this 23rd day of January, 1989, by Manya Lowry. Witness my hand and official seal. My Commission expires : 1 ~ ~,~ ~ r~ -J ~ ~, ~~-~ 1 ebbeA123.1tr ,'~ f ~, ~! )~ ! G'~ ~ `~ t_ .- 2 KRABACHER. SCHIFFER 8~ HILL P.C. ATTORNEYS AT LAW 201 NORTH MILL STREET ASPEN, COLORADO 81611 TELEPHONE (303,925-6300 TELECOPIER (303) 925-1181 B JOSEPH KRABACHER SPENCER F. SCHIFFER THOMAS C HILL May 8, 1990 Via Hand Delivery Aspen City Council 130 South Galena Aspen, Colorado 81611 Re: Andres-Expungement of Liquor License Violation Dear Members of City Council: OF COUNSEL BARRY D. EDWARDS This firm represents Andre's with respect to an expungement of the record of your decision on or about January 31, 1989 whereby Andre's liquor license was suspended for three days. The suspension was based upon your finding that Andre's had violated the Colorado Liquor Code with respect to underage drinking. Please treat this letter as a request on behalf of Andre's to expunge said violation from your records. The basis for this request is as follows: 1. C.R.S. §12-47-128(5)(a)(I) provides, in pertinent part: If a person who in fact, is not twenty-one years of age exhibits a fraudulent proof of age, any action relying on such fraudulent proof of age shall not constitute grounds for the revocation or suspension of a license issued under this article. 2. Since the basis for City Council's decision was underage drinking and evidence was presented that the minors submitted a fraudulent proof of age to employees of Andre's on the date of the incident, City Council did not have the authority to revoke or suspend Andre's license for three days. 3. Andre's has served the three day suspension and no further violations have occurred since that time. The undersigned requests on behalf of Andre's that this matter be placed on City Council's Agenda for ~e~v 14, 1990 for consideration. i~~ /~ Sincerely KRA~C~~R',~CH~FFER~ . C . s Spenc~~/ F: Sc fer TCH/ch TCH 1M/ O 1 cc: Bill Sterling (Via Hand Delivery) ~.. -~ . r,. . f- ; ~. NICHOLAS MCGRATH, P.C. A i'rofessional Corporaiio~ Attorneys At Law f .,, ~. t- 600 East Hopkins Avenue Suite 203 Aspen. Colorado 8tbtt Tele{>hone (303) 925-2612 Telecopier (303) 925-4402 Fred Gannett, Esq. City Attorney 130 S. Galena Street Aspen, CO 81611 Dear Fred: February 2, 1989 Ehlhe ~•~i 11 rct ~e app`:? ~_r.y t~~r- three: day suspension . Andre's will be closed Wednesday, Thursday, and Friday. Sincerely, J. NICHOLAS McGR.ATH, P.C. J. Nicholas McGrath 15:gann0202.1tr Member, Colo. (1971), Calif. (1969), orxi D.C. (1966) bars ~' ~ _ , ~ ~ l~ 130 ~ou~h-;gale~~ street .,_ aspen., col~r~~o~. ~1~11 X03-925:-200 May 24, 1990 T~iichael C. Ireland, Esq. 600 East Hopkins Avenue Aspen, Colorado 81611 Re: Andre's - Expungement of Liquor License Violation Dear Mick: . Per your request I am enclosing a copy of the May 8, 1990, letter sent to the City Council regarding the above matter. Very truly yours, C Edward Tf . Caswall City Attorney EMC/mc Enc. ,; 13U So~.t~~ g~~~na street aspe~.;_ co~o,rad~ .~1~11 303=9~~~~-20~20 t~tEM O RAN DU':~ DAIS: tray 24, 1990 TO: City Council FROM: Jed C.aswall, City Attorney J RE: Andre's -- Expungement of Liquor License Violation Please be advised that the City Attorr~ey's Office has this matter under consideration and review. I will be responding to the request shortly. If Council_ or any individual Councilmember wishes to have input iz~:~~~o my response or should there be any questions, please feel free to contact me. ECM/mc Attachment Q J~~SEPr1 KE~A~3n: HER SPE~~:CER r ~CNIFFER THJ`•'~AS C F"LL Via Hand Delivery hspen City Council 130 South Galena Aspen, Colorado 81611 ATTORNE"S AT LA~~ 2~ t NORTH MILI STREET ASPEN Cvi ORADO &16t t TELEPHONE TELECO~'~ER (3G3j 92~-tt8t May 8, 1990 Re: Andres-Exp~.~ngement of Liquor License °._'olation Dear Members of City Council: OF COUNSEL BARRY D EDWARDS This firm represents Andre's with .respect to an expungement of the record of your decision on or about January 31, 1989 whereby Andre's liquor license was suspended for three days. The suspension was based upon your finding that Ar.dre's had violated the Colorado Liquor Code with respect to underage drinking. Please treat this letter as a request on behalf of Andre's to expunge said violation from yo~.zr records. The basis .for this request is as follows: 1. C.R.S. §12-47-128(5)(a)(I) provides, in pertinent part: If a person who in fact, is not twenty-one years of age exhibits a fraudulent proof of age, any action relying on such fraudulent proof of age shall not constitute grounds for the revocation or suspension of a license issued under this article. 2 . Since the basis f or City Council' s decision was underage drinking and evidence was presented that the r~linors submitted a fraudulent proof of age to employees of Andre's on the date of the inci:~4ant, City Council did not have the authority to revoke or suspend Andre's license for three days. 3. Andre's has served the three day suspension and no further violations have occurred since that time. The undersigned requests on behalf of Andre' s that this matter be placed on City Council's Agenda for ~4-tz~ 14, 1990 for consideration. ,~~ Sincerely KRA ~I ~ ,, -~,.~CHIFFFR ~ . C . '' ~~ U ho ~ s .i Spent, F. Sc ~~ -fer TCH/ ch TuH ll~i/ O 1 cc: Bill Sterling (Via Hand Delivery) { i I C ~'T'IY t~F ASPEN, ~OI~RADCy IPt T~iE T'I'ER C?F: CASI~7AN CORPORATION Ard ~-~' s Resta+~rerit and N~.ght Club :~ ~ 2 ~~t;th G8-lar'ta Street .~~*~ r ~~1C~~cado 8 ~ ~ 11 ~7 ss. Z, Nict~le SPtlz`t~~, stag as follaws: . . ` ~ T~ Date: ~ r 1~~~. " sb~~r ~~~d and ~3~Fo~`~: t~ ~~ f ~ r~x :E~ t~ ~ ~ __~'_~__ __ dad ~ f Jan~a~Y -- l~~#~, ~y Ni.~~l~ ~~uige. ~ c-:~l~.~~ ter. ~x~i_ ~, -. ~ ~ //JJ ~ ~ ~ ~I ~ ~+ - ~._~'` t:' ~FFtG~AL SLAL ~A s t~'~ M ~Nfli~,i a N~~wt~r ~~8~~~ - c.~~+~~~~ia L4S AMGE'.~S ~.,~u:v~' ~~ z My comfi, txFs; ~+s ~P 2a ~ x- ~.- .~ =~- ~~~~~ ~~ ~~¢ ~~ . ~~ L. ~~ ~~r. f~ri*raj