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AdCo Commissioners grant liquor license to bar owner with recent DUI arrest

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Colorado Supreme Court ruling prevents county from considering alcohol offenses

By Ben Wiebesiek

    BRIGHTON – The new owner of the Hard Times bar in Commerce City faced tough questions Jan. 18 from Adams County commissioners regarding a recent DUI arrest.
    Daniel Leffler, who intends to reopen the business, located at 6771 E. 80th Ave., as Social Services Tavern, addressed his criminal record, which included a 1982 DWAI and a 2011 DUI arrest.
    Ultimately, the transfer of the liquor license from Hard Times was approved by the board of commissioners by a 2-1 vote.
    County Attorney Hal Warren advised the board of commissioners not to consider the applicant’s prior alcohol violations in regards to granting the transfer of the liquor license.
    “As you know, the issue before you today is the moral character of Mr. Leffler. And if you’ve reviewed your packet, you’ll notice there were a couple of bumps in the road legally,” Warren said. “And I will tell you that the Colorado Supreme Court has decided that alcohol violations while driving are not indicative of moral character, so they should not be considered. But I’m sure they’ll be addressed. But should not be considered by you when you’re discussing the moral character of Mr. Leffler. And there was one charge that was a deferred charge and dismissed so that is not a conviction. It cannot be considered by you.”
    Leffler’s attorney, Adam Stapen, introduced the applicant to the board of commissioners.
    “We’re here before you on a transfer application, and I have Daniel Leffler up at the podium with me. And I’m going to ask him some questions about his background and what he’s going to be doing at this location. And we will get into those bumps in the road and explain those away,” Stapen said. “I do agree with the county attorney that Mr. Leffler’s background is not of the level or extent which would prohibit him to operate, own or have a financial interest in a liquor license. The law on that issue is quite certain, and these offenses do not reach that level.”
    Stapen asked Leffler to share his background to the board.
    He told commissioners he spent the last 15 years at the local Anheuser-Busch distributorship as a delivery driver. And five years prior to that, he worked for Pepsi Cola and the 7-Up distributorship as a delivery driver.
    Stapen then asked Leffler why he chose to change his employment from delivery services to bar ownership.
    “After being in the business for a number of years, I’ve often thought about running or owning a bar myself,” Leffler said.
    Leffler said he chose the location because it is close to his home.
    “I’ve lived in Adams County myself – I’ve bought a home there approximately 12 years ago,” Leffler said. “Knowing what I know of the bar that was for sale, I know a good deal about it as far as it’s potential and the clientele and even the current owners.”
    Leffler said his staff would be trained on how to comply with Adams County ordinances and state liquor laws prior to the opening of Social Services Tavern.
    “I plan on reminding everybody on a weekly basis, a daily basis, whenever I happen to see them to always ID anybody in the bar, in particular, someone they don’t know or have any doubts about their age whatsoever,” Leffler said.
    Leffler announced that he also intends to work with a private company to secretly test his bartenders compliance in practice “stings.” If a bartender fails these compliance checks, Leffler said the offending employee would be terminated immediately.
    To open this business, Leffler informed the commissioners that he is investing his retirement savings.
    “Just recently, unfortunately, you got another DUI?” Stapen asked.
    “Yes,” Leffler answered.
    “Even with that criminal background, you still believe you’re a person of good moral character?” Stapen asked
    “Absolutely,” Leffler answered.
    “And what have you done since the incident in 1992 to not get yourself in predicaments where you could be brought up on any sort of allegations?” Stapen asked.
    “1992 was a certainly a mistake made by myself when I was much younger, and well, fact of the matter, I’ve stayed out of trouble completely until recently with the recent DUI,” Leffler answered.
    Leffler said he is no longer driving his vehicle and he had a friend drive him to the public meeting of the board of commissioners.
    Commissioner Erik Hansen asked Leffler for the reason of his termination from Anheuser-Busch in March, which was the same year as the DUI charge.
    “That would be a lack of a driver’s license,” Leffler replied.
    “Why, when your attorney asked you why you wanted to be a bar owner now and switch careers, did you not tell us that as opposed to talking about how you always wanted to open a bar?” Hansen asked.
    “It didn’t exactly cross my mind right at that point,” Leffler answered. “But I have thought about it over the years of owning a bar at some point in time.”
    Commissioner Alice Nichol said she was more interested that Leffler was in an intervention program, which he confirmed.
    “I will be done with that therapy is how they word it, sometime in June. I believe it is the first or second week in June,” Leffler said. “In the meantime, I do a bi-weekly breathalyzers, and the weekly therapy sessions.”
    Hansen asked the county attorney what stipulations could be placed on the transference of the liquor license.
    “None, that I’m aware of,” he answered. “It’s either ‘yes’ or ‘no.’ The safeguard for the community really is if there is a liquor violation, you get to bring Mr. Leffler back up and talk to him about whether he’ll maintain his license.”
    Although the alcohol offenses are exempt from the commissioners’ decision, Hansen said Leffler displayed other issues that raised concern.
    “In my opinion, the answers you gave to your attorney I think were somewhat misleading and certainly omitted the truth, which is that your life circumstances have changed and that’s why you are moving in a different direction,” Hansen said. “So, from my perspective, that does go to moral character, and so I have a concern on that particular regard. I’m not going to approve this transfer.”
    Nichol said the Colorado Supreme Court decision limited what the board could consider.
    “Certainly, going forward, a second chance belongs to everybody,” Nichol said. “And we will be watching, of course, as we go along here. And should that be violated, you’ll be in front of us again. But I’m willing to take a chance and say that this man has given his all, with his savings and everything, to reach his dream of his, which in this case is ownership of this establishment.”
    With the approval by the county, Leffler will still have to get approval to run the bar from state authorities.

Contact Ben Wiebesiek at 303-659-2522, ext. 206, or email bwiebesiek@metrowestnewspapers.com.