MINUTES
REGULAR MEETING OF
LAKEWOOD LIQUOR AND FERMENTED MALT BEVERAGE
LICENSING AUTHORITY


7:05 P.M. November 8, 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
Greg Buchanan
David Weakly
Neil Weekley
Mark Wolfe

Absent were: Dr. Louis Diamond
Lisa Vanderhoof

Also present: Paul Kennebeck, 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 SHOW CAUSE HEARING

Hotel & Restaurant License
A&B Steakhouse Ltd., dba Y Not Tony's
5800 W. Alameda Ave. Units H-K

Secretary Laura Bock informed the Authority that member Mark Wolfe had come in to the City Clerk's Office on November 7, 2001 and listened to the audio tapes of the testimony presented at the October 11, 2001 meeting and is now eligible to vote this evening.


The Authority members discussed the Position Statement presented by the defense, the Response Brief of the City Attorney, and all the testimony given in this case. The general consensus was that the charge of sale to a minor is unrebutted, there are not enough facts to justify entrapment, and the ultimate responsibility of upholding the liquor laws falls on the licensee and not the security company they hired.

Mr. Wolfe read the findings and conclusions into the record.

FINDINGS

1. A&B Steakhouse, Ltd., dba Y Not Tony's Bar & Grill, (the "Licensee") holds a hotel and restaurant beverage license for premises at 5800 W. Alameda Ave., Lakewood, Colorado (the "premises") and therefore the Authority has jurisdiction over this matter.

2. On March 7, 2001 the Lakewood Police Department conducted a compliance check for sales to minors at various licensed establishments within the City of Lakewood.

3. The compliance check used police explorer scouts under the age of 21 who attempted to purchase alcohol beverages and its purpose was to determine if licensee's were complying with the law regarding sales to minors.

4. On March 7, 2001, at or about 9:00 o'clock p.m., one Jose Alberto Chapparo, an explorer scout and a minor whose age on March 7, 2001 was 19 and whose date of birth is November 2, 1981, acting in cooperation with the Lakewood Police Department, attempted to enter the premises and was stopped at the door by a representative of a contract security agency.

5. Chaparro was asked at the door for his age identification and he stated he had left it at home but just wanted to talk to some friends who he pointed out inside the premises.

6. Chapparo was allowed in and joined his friends (undercover police officers) at the table.

7. A short time later, Chapparo went to the bar, asked about the selection of beers, ordered a Corona beer, a fermented malt beverage, was served by bartender, Annette Dela Cruz, returned to the table, put the beer down and left the premises a short time later.

8. Chapparo was not asked for any identification by the bartender.


9. Lakewood police subsequently entered the premises and cited the bartender for sale to a minor and this complaint for sale to a minor subsequently issued.

CONCLUSIONS

1. On March 7, 2001, at or about 9:00 o'clock p.m., an employee of the Licensee, one Annette Dela Cruz, violated Sections 12-47-901(1)(a) and 12-47-901(5)(a)(I) by selling an alcohol beverage, a Corona beer, to Alberto Chapparo, a person under the age of twenty-one at the time of the sale.

2. Having heard oral argument and received written argument regarding the defense of entrapment, assuming, without deciding, that the defense of entrapment applies in the case, there are no facts shown which, under any statement of the elements of the defense, amount to entrapment.

3. The Authority further concludes, in response to Licensee's argument that the responsibility for the violation lies with the private security agency hired to check identification at the door, that the Licensee is responsible for the actions of its employees and its contractors in respect of a violation of a sale of an alcohol beverage to a minor and, further, that the actual sale to a minor, the violation, was performed by an employee.

Mr. Weakly moved to adopt the findings and conclusions into the record. The motion was seconded and with those present voting aye, THE MOTION TO ACCEPT THE FINDINGS AND CONCLUSIONS CARRIED.

Robert Turner, registration #864 appeared on behalf of the licensee and offered statements of mitigation for the Authority to consider when rendering a penalty decision. He stated that in 1998 the licensee pled guilty to a charge without attorney representations, within the last 18 months there have been no violations, the old manager was terminated, security cameras have been installed, and a security agency was hired.

Deputy City Attorney stated that this is the fifth violation against this license and the City is seeking revocation.

Mr. Wolfe moved that the license of A&B Steakhouse, Ltd., dba Y Not Tony's located at 5800 W. Alameda Ave., Units H-K be revoked effective November 14, 2001 at 2:00 o'clock a.m. The motion was seconded, and with those present voting aye, THE MOTION TO ACCEPT THE PENALTY CARRIED.


ITEM 5 SHOW CAUSE HEARING

Retail Liquor Store License
Hagos Kiros, dba B&N Liquors
7560 W. Jewell Ave.

Deputy City Attorney Paul Kennebeck stated that the complaint against the licensee is for sale to a minor and has been continued several times. The City and the licensee have reached a possible stipulation for the Authority's approval. The owner would admit to a second violation if the Authority would allow him to sell his liquor store within three months.

Kris Hoeltgen, registration #8321 appeared on behalf of the licensee. She stated that the licensee is feeling very stressed from running the store by himself and facing these violations. He is in agreement with the stipulation.

Mr. Weakly moved that the stipulation between the Deputy City Attorney and Hagos Kiros, dba B&N Liquors be accepted for the Retail Liquor Store License at 7560 W. Jewell Ave. The motion was seconded and with those present voting aye, THE MOTION TO ACCEPT THE STIPULATION CARRIED.

Mr. Weakly moved that the matter be continued to a date certain of March 14, 2002, to ensure that the stipulation has been carried out. The motion was seconded and with those present voting aye, THE MOTION TO CONTINUE CARRIED.

ITEM 6 GENERAL BUSINESS

Issue complaint and order to show cause and set hearing for Baik, Inc., dba Lakewood Liquors located at 9181 W. Jewell Ave.

Deputy City Attorney Paul Kennebeck asked the Authority to review the charges against Lakewood Liquors and to find probable cause that a violation occurred on September 15, 2001.

Mr. Wolfe moved to hold to a date certain of February 14, 2002, the complaint and order to show cause hearing for Baik, Inc., dba Lakewood Liquors located at 9181 W. Jewell Ave. The motion was seconded and with those present voting aye, THE MOTION CARRIED.

Plans for the Liquor Authority Christmas Party were discussed. The possible dates are December 10th, 11th, and 12th and the party is to be held at the Broker DTC.


ITEM 7 ADJOURNMENT

There being no further business to come before the Liquor Authority at this time, the meeting adjourned at 8:45 p.m.

______________________________
Laura Bock, Secretary