7:00 P.M. October 25, 2001

Regular Meeting of the Lakewood Liquor and Fermented Malt Beverage Licensing Authority was held on this date in the City Council Chambers.

ITEM 1 CALL TO ORDER

ITEM 2 ROLL CALL

Those present were: Fred Taake, presiding
Dr. Diamond - left at approximately 9:00 p.m.
Lisa Vanderhoof
David Weakly
Mark Wolfe

Absent were: Greg Buchanan
Neil Weekley

Also present: Tammy Russell, Deputy City Attorney
Richard Miller, Counsel to the Liquor Authority
Sgt. Mike Becker, Police Department
Laura Bock, Secretary

Full and timely notice of this meeting had been given and a quorum was present.

ITEM 3 APPROVAL OF MINUTES

Mr. Wolfe moved to approve the minutes of the regular meeting held September 27, 2001 after adding Ms. Vanderhoof to those present. The motion was seconded, and with those present voting aye, THE MOTION TO APPROVE CARRIED.

ITEM 4 SHOW CAUSE HEARING

Hotel & Restaurant License
Breckenridge Acquisition Co., dba Pitchers
146 Van Gordon St.

Thomas Dunn, registration #9395, appeared on behalf of the licensee. He said he anticipates the City attempting to introduce medical records obtained from St. Anthony's Hospital to introduce a portable breath test taken from Catherine Curtis. It is the defense's position that the medical records and breath test results should not be admitted because a blood alcohol level is not relevant to the Authority's consideration of this matter. He stated that the issue is whether the licensee served alcohol to a visibly intoxicated individual and the blood alcohol test does not show whether or not there were visible signs of intoxication.

Chief Deputy City Attorney Tammy Russell said that a number from a blood alcohol test doesn't tell you if someone was visibly intoxicated, but it is a good indicator that alcohol was ingested. The officers who were on scene will testify to what they saw and that Ms. Curtis was visibly intoxicated. The breath test will bolster the officer's testimony and for that reason should be admitted into evidence.

Chairman Taake said that the Authority would allow the City to enter the hospital records into evidence.

William Cochenour, Lakewood Police Agent, appeared before the Authority and was sworn in. He testified that he was dispatched to Pitcher's at approximately 12:30 a.m. because someone had fallen down inside the bathroom. When he arrived he noticed a group of people standing around one person seated at a table. This person seemed to be the focus of everyone's attention. The manager approached him and said that a woman had fallen down in the bathroom and was now seated at a table. Daniel Appel approached the agent and said he had come to the bar with the woman who fell,
Ms. Curtis. Agent Cochenour stated that Mr. Appel had an unsteady gate, swayed when standing still, and slurred his speech so much so that he was difficult to understand. Agent Cochenour spoke to a waitress who said she had served the couple three pitchers of beer. He said he had a small amount of contact with Ms. Curtis but did notice that she had a small cut on her forehead, an odor of alcohol on her breath, bloodshot and watery eyes, and slurred speech.

Mr. Dunn cross-examined Agent Cochenour. He asked him if head injuries could cause signs similar to intoxication. Agent Cochenour said "yes." Mr. Dunn also asked the agent why he didn't conduct nystagmus tests on Ms. Curtis or Mr. Appel. Agent Cochenour said he wasn't investigating a D.U.I. Mr. Dunn asked if any tickets were issued. Agent Cochenour said he issued a ticket to the waitress for serving a visibly intoxicated person.
Beck Leider, Lakewood Police Agent, appeared before the Authority and was sworn in. He testified that he didn't write a report documenting the events at Pitchers because his primary function that evening was to provide cover for Agent Cochenour while he conducted his investigation. Agent Leider said that he didn't have any contact with
Ms. Curtis but he did with Mr. Appel. Mr. Appel had a strong odor of alcohol on his breath, exhibited lack of balance, and slurred speech. He had to tell Mr. Appel two times to stop interfering with the paramedics on scene or he would be taken to detox. Agent Leider said that eventually Mr. Appel was taken into custody because he had an outstanding warrant.

Mr. Dunn cross-examined Agent Leider. He asked Agent Leider if he had any reason to talk to Ms. Curtis or anyone else inside the bar. Agent Leider told him, "no." Mr. Dunn asked Agent Leider if he conducted any investigation regarding alcohol service to which he responded, "no."

Karla Sarnacki, Lakewood Police Detective, appeared before the Authority and was sworn in. She testified that she conducted the follow-up investigation on this case. She had a telephone interview with Mr. Appel approximately one month after the incident. During that conversation, he told her that he was with Ms. Curtis that night, she drove to the bar, they were served three pitchers of beer, he drank more then her, and were going to take a cab home. Detective Sarnacki stated that she had also spoken with
Ms. Curtis who told her that she had been sick prior to going out that evening.

The Chairman called a recess at 8:50 p.m. The meeting reconvened at 9:14 p.m.

Mr. Dunn cross-examined Detective Sarnacki. He asked her about the doctor's report and if she had interviewed the doctor about visible signs of intoxication. Detective Sarnacki told Mr. Dunn that she hadn't interviewed the doctor nor the nurse who had performed the breathalyzer test. Mr. Dunn asked Detective Sarnacki about her taped conversation with Mr. Appel where they discussed how much both he and Ms. Curtis had to drink. Detective Sarnacki explained that she made the determination of what to put in or not put in to her report from her conversation with Mr. Appel. She felt what she documented showed that there was a problem that evening at Pitchers and that
Mr. Appel and Ms. Curtis had been drinking.

The City rested its case.

JoAnn Lucero, 3505 Reynard Wy #13, San Diego, CA, appeared before the Authority and was sworn in. She testified that she was the waitress who served Mr. Appel and Ms. Curtis that evening. She said they arrived at approximately 8:30 p.m. to 9.00 p.m., ordered three pitchers of beer, had no problem negotiating stairs, singing Karoke, or dancing. She did not see anyone else serve them alcohol. She stated that she did not feel that Mr. Appel and Ms. Curtis were intoxicated, yet she did receive a ticket from the Lakewood Police Department for sale to a visibly intoxicated person.

Chief Deputy Attorney Tammy Russell cross-examined Ms. Lucero. In response to questions, Ms. Lucero stated that her criminal prosecution was still pending. She testified that during her employment at Pitchers, she had seen people drunk. She determined they were drunk based on observation and not by having these individuals perform any kind of sobriety tests. She also stated that she would not have cut
Mr. Appel off quite yet.

John Robert Zettl, 1500 E. Mineral Pl., Centennial, CO 80122, appeared before the Authority and was sworn in. He testified that he is an expert in forensic toxicology and was asked by the defense to examine the hospital records pertaining to this case, police department reports, and affidavits by the nurse, Mr. Appel, and Ms. Curtis. He stated that in his opinion the nurse who performed the breath test abrogated every method or reliability when she administered this test. He also said that if Ms. Curtis's blood level was .311 as indicated by the breathalyzer, then she should not have been released from the hospital one hour after being admitted. Ms. Curtis would have had to consume all of the beer brought to the table to even come close to the purported .311 blood alcohol level in her system.

At 11:25 p.m. the Chairman called a recess. At 11:30 p.m. the meeting was reconvened.

Mr. Weakly moved to hold to a date certain of January 10, 2002, the complaint and order to show cause hearing for Breckenridge Acquisition Co., dba Pitchers. The motion was seconded and with those present voting aye, THE MOTION TO CONTINUE CARRIED.

ITEM 5 ADJOURNMENT

Secretary Laura Bock asked the Authority if they would consider directing staff to conduct a full-blown audit on Marisela's Cosina to determine if the 25% food sales requirement of a Hotel & Restaurant are being met. Chairman Taake said that the Authority was not comfortable directing staff to do that.

There being no further business to come before the Liquor Authority at this time, the meeting adjourned at 11:45 p.m.

___________________________________
Laura Bock, Secretary