Steamboat Springs Kevin and Kathy Nerney, owners of the now-closed Jade Summit restaurant and Pirate's Pub bar, once again will appear before the city's Liquor License Authority for an alleged violation.
A Steamboat Springs Police Department report states that on March 16, a witness told officers he saw Kevin Nerney serving alcohol at the Pirate's Pub, which would violate conditions of the liquor license issued to Kathy Nerney in February.
Steamboat Springs Liquor License Hearing Officer Jim Moylan will review the alleged violation at noon today in Centennial Hall.
According to the police report, officers asked a 26-year-old man, who is not an officer, to enter the Pirate's Pub on March 17 and confirm whether Kevin Nerney was in the Ski Time Square bar during business hours.
The report states the undercover man entered the bar, purchased alcoholic drinks from Kevin Nerney, took a picture and video footage of Kevin Nerney with his cell phone and forwarded the footage to police.
Officer Joshua Carrell reportedly approached Jade Summit, downstairs from the Pirate's Pub, at about 9 p.m. March 17 to try to verify Kevin Nerney's presence.
"As I walked past the Jade Summit windows toward the rear of the building, I saw Kathleen Nerney seating patrons," Carrell stated in the report. "She saw me and moved quickly toward the steps leading upstairs. Fearing she was going to alert Kevin to my presence, I ran to the rear doors, only to find the interior door locked. From the entryway, though, I could clearly see (Kevin) Nerney in the bar."
A few minutes after 10 p.m., officers entered the Jade Summit to speak with Kathy Nerney. The report states that when they showed Kathy Nerney the picture of Kevin Nerney on the premises, she said she did not know he was there and that he must have "snuck in."
The previous Steamboat Springs City Council, acting as the city's Liquor License Authority, revoked Kevin Nerney's liquor license on Nov. 8, 2007, as a result of allegations that he made unlawful sexual contact with a patron of his bar in February 2007. Although he was cleared of charges in criminal court in August 2007, the City Council held its own hearings and ruled that Kevin Nerney violated state liquor codes.
The current City Council decided to issue Kathy Nerney a new liquor license for the Jade Summit and Pirate's Pub, with one condition: that Kevin Nerney not be allowed on the premises during business hours. The new license went into effect Feb. 20, 2008, and is due to expire Feb. 19, 2009.
Kathy Nerney said Wednesday that the restaurant and bar have been closed since late April given the impending demolition of Ski Time Square. She did not want to discuss the issue further and said she does not plan to open another restaurant or bar.
Earlier this year, the City Council turned oversight of Liquor License Authority hearings over to Moylan, a local attorney.
City Clerk Julie Jordan said that even though Jade Summit and Pirate's Pub are closed, the liquor license is still active and that the Liquor License Authority needs to move forward with the administrative process. As of Wednesday, city officials had not heard from the Nerneys regarding the matter.
This is Moylan's second meeting as the authority's hearing officer. Should he find probable cause that a violation was committed at Pirate's Pub, a show cause hearing will be scheduled for Aug. 7.