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HomeMy WebLinkAboutminutes.council.19650312 Special Meeting Aspen City Council - March 12~ 1965 Mayor Pabst called the special meeting to order at 1:15 P. M. with Council- men Kuster, McEachern and Stapleton present. Also present were Attorney Robert Delaney for City Attorney Balcomb, and °ity Administrator Kerrizan. Counoilman Bmrnard came in later. Discussed- complaints filed by the Chief of Police and by the local liquor Reports on law enforcement officer, Roger Walker, against the Knight Club of the Golden Horn ( Knight Club Inc.), listing deviations from proper and orderly way of run- Knight Club ning their establishment. City Administrator Kerrigan read report filed by Chief Henni~ and Officer Mackintosh which is to be included as part of these proceedings March 3, 1965 - Special Patrol and inspection af Knight Club Rest~aurant and Bar - Mill and Cooper Street. March 10, 1965 -~ Special Assignment - Conditions at the Knight Club rela- tive to Liquor Code Violations. Mr. Kerrigan then read report of Roger Walker on the Knight Club, and in- formed Council that Mr. Walker felt there had been very strong violation of Section 19 B of the State Liquor Code. Chief Hennig gave verbal report of his inspection- Bar-tender drinking Couples making love Waiter brushing ashes onto floor Establishment packed with people . No passageway Knight Outside stairway packed. Club Exit door could be opened, and doorman was doing his duty, Discussed - sur~ary suspension of th~ Knight Club's liquor license. Con't. having a hearing "to show cause" as provided by the liquor Code. that all liquor establishments should be subject to similar review. Mr. Kerrigan said both the Chief of Police and Mr. Walker felt there is sufficient evidence of violations of code to recommend summary suspension and hearing. Attorney Delaney said reports and evidence are primary basis for Council con- sideration, and advised that, as a.restaurant, the Knight Club is required to comply with the law regarding serving of drinks at tables and bars with stools, and requirements of the State Health Department. To be definitely determined - if Golden Horn Restaurant and the Knight Club a~e separate entities. Mr. Delaney then discussed with Council procedure that could be followed regarding hearing - and Council decided that a court reporter should attend if hearing is set. ~Councilman Kuster said he preferred not to vote on matter of hearing due to personal interest, and Council concurred. Councilman Stapleton then moved not to summarily suspend the liquor license Motion of the Knight Club, Inc., but to call for a~ hearing on Monday, March 22, 1965, on hearing at 3:30 PM, on reports by Chief of Police Hennig and State Liquor Inspector Roger Walker. Ensuing discussion covered - desirability of having periodic reports. - fi~e on each liquor establishment covering all incidents involving the police and co~plaints such file to be reviewed by ~ouncil when application for renewal is considered. The motion was tabled until th~ arrival of Councilman Barnard. Motion tabled. Mayor Pabst referred to incidents involving three menLsummons into Police Magi s- trAte's Court for drunkeness two plea~e~ guilty - one pleaded not guilty - and all cases dismissed by the Police Magistrate. Discussed - lack of evidence and time required for police check. Mayor Pabst said he had discussed this with Police Magistrate Ross Griff~n, who said if Council wants stricter enforcement he will comply. . Mr. Kerrigan refereed to i~cidenD involving Guido Meyer and said no charge has been filed to date against the alledged thi&f. Councilman Barnard came in and the motion regarding the hearing on the Knight Motion Club Inc. was taken from the table, and discussion resumed. Councilman McEachern ~rom table then seconded the motion and the roll was called · Councilman Barnard aye; McEachern aye; Staple ton aye; Councilman Kuster abstained from voting The motion carried. · A motion was then made by Councilman McEachern, seconded by Councilman Staple- ton, to adopt the following Resolution and to include it in the Minutes: R E SOL UTION ..RESOLUTION WHEREAS, the City Council of Aspen, Colorado, has examined and considered the report dated March 3, 1965, and report dated March 11, 1965, by the Chief of Police, Louis G. Hennig, and Patrolman Mackintosh, relat- ing to inspections made on March 3, 1965, and on March 10, and March 11, 1965, of the premises known as the Knight Club, concerning alleged viola- tions of the State Liquor Laws and regulations, and further questioned Chief of Police Hennig pertaining to ~he same, WHEREAS, the City Council has further taken u~der consideration report of alleged violations of the State Liquor Law and Regulations by Roger Walker, State Liquor Enforcement Officer, THEREFORE, BE IT RESOLVED by the City Council of Aspen, Colorado, that the Council does hereby find and determine that- there is probable c~use to believe that the licensee. The Knight Club hoc ,.4~m quu~-~ws am~ regu£arlons cC the State of Uolorado, particularly Sec- tion 75-2-~(1~), and regulations of the Secretary of State numbered 19 and 22. BE IT FURTHER RESOLVED that a hearing is hereby scheduled and directed to be held at the City Council Chambers in the City of Aspen, Colorado, on March 22, 1965, at the hour of 3:30 o'clock in the afternoon and tha~ notice shall issue to the licensee of such hearing and that the licensee is hereby ordered to show cause why the liquo~ license should not be suspended or revoked for the alleged violations disclosed in the said reports, particularly as the same relate to public health and safety Aspen, Colorado Special Meeting Aspen City Council March 12,1965, cont'd. Resolution continued in connection with obstructed and congested entrances, floors, inadequate illumination, wet, littered, dirty floors with glass and other debris there- on, unclean restrooms, and disorderly, indecent and lewd behaviour on the part of the employees and patrons. BE IT FURTHER RESOLVED that the Mayor is authorized and directed to issue and cause to be served notice and order pursuant to this Resolution. The Mayor called for the vote - Councilmen Barnard aye; McEachern aye; Stapleton aye; Councilman Kuster abstained from voting. The motion carried. Mollie gibson Discussed - report that the Mollie Gibson, Inc., is in, the hands of receiver, and Mr. Kerrigan is to verify and to look into matter of transfer of liquor license. Police Discussed - charges before the Police Magistrate and dismissals - having test Magistrate to determine drunkeness- w~ight of evidence - Mr. Kerrigan said he feels Ross Griffin is looking for directive from Council. Councilman Stapleton proposed a resolution to support the Police Magistrate Resolution in stricter enforcement of the City Ordinances relating to drunkeness, ~isturbance enforcement of the peace, and other infractions involving the public safety. Seconded by Councilman McEachern. Roll call - Councilmen McEachern aye; Stapl~ton aye; Kus ter aye; Barnard aye. Motion-~ A motion was made by Councilman Barnard that - when persons are brought in on blood test drinking charges, an attempt be m~.de to get them to submit to blood analysis; seconded by Councilman McEachern. Roll call vote~.. Councilmen Kuster aye; Staple ton aye; Barnard aye; McEache rn aye. The meeting was adjourned at 3:03 PM upon motion by Councilman Stapleton, seconded by Councilman Barnard, and carried. £