Jade Summit hearing moved to July | SteamboatToday.com

Jade Summit hearing moved to July

At a glance

In other business, the Steamboat Springs Liquor License Authority:

- Suspended Rex's American Bar and Grill, City Market and Arctic Liquors' liquor licenses for one day as a result of the businesses failing a routine police compliance check in January.

Rex's American Bar and Grill will not be allowed to serve alcohol April 20; Arctic Liquors will not be allowed to serve alcohol April 27; and City Market will not be selling any 3.2 alcohol April 13.

- Gave Mambo Italiano a warning for allegedly allowing an employee to drink alcohol after 2 a.m. The city did not have enough evidence to pursue more severe charges, City Clerk Julie Jordan said. The warning is not an offense, but can be taken into consideration if the establishment fails any future compliance checks or violates any other liquor laws.

— Despite the objection of city officials, the Steamboat Springs City Council decided to postpone an administrative hearing regarding the future of Jade Summit’s liquor license.

The council, which is the city’s Liquor License Authority, voted 5-2 Thursday to postpone the hearing until Kevin Nerney, who owns the Jade Summit and Pirate’s Pub, settles a criminal case involving the same incident.

Nerney was arrested in February at Jade Summit on a misdemeanor charge involving a patron at the pub.

As a result of the allegation, Steamboat Springs police cited Nerney.

During the hearing Thursday, Nerney’s attorney, Kris Hammond, asked the council to postpone the hearing until Nerney’s criminal case is resolved in June. Hammond said he was not comfortable with Nerney talking about the allegation with city officials before the criminal case is settled, and that he would rather reach a plea offer in the city’s case rather than it go “to trial twice.”

“I think it would be wrong to create a situation where (Nerney) is found not guilty in June but action be taken against his liquor license before that happens,” he said. “After the criminal case, my client would be able to speak freely.”

The City Council postponed a previous hearing regarding Jade Summit last month, again against city staff suggestion.

Police Capt. Joel Rae said he had never heard of such a continuance given to a business owner facing an administrative hearing for allegedly breaking state law.

“Our (Colorado Department of Revenue Division of Liquor and Tobacco Enforcement) representative in six years of doing this kind of work and after processing 1,200 cases told me he had never granted one continuance at someone else’s wishes,” he said. “These (administrative) cases always move forward before the criminal case. This case is against Kevin Nerney’s liquor license, not Kevin Nerney himself. That is a whole separate issue.”

City Clerk Julie Jordan echoed Rae’s sentiments.

“At this point in time, we do think the administrative case is very different than the criminal case,” she said. “We really do think it is appropriate to move forward.”

After some discussion, council agreed city officials could be subpoenaed to testify in Nerney’s criminal trail if Nerney spoke to them and reached a stipulation before June.

Council member Towny Anderson and President Susan Dellinger voted against postponing the hearing. Council members Paul Strong, Ken Brenner, Karen Post, Loui Antonucci and Steve Ivancie voted to postpone the hearing until July.

Unless an agreement is reached before then, the council is scheduled to take up the matter at its July 5 meeting.

-To reach Alexis DeLaCruz, call 871-4234

or e-mail adelacruz@steamboatpilot.com

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