May 23, 2002

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

Chairman Taake called the meeting to order at 7:00 p.m.

ITEM 2. ROLL CALL Fred Taake - presiding
Kristina Hansson
Doug Monsoor
David Weakly
Stan Wisneski

Absent: Dr. Louis Diamond

Also present: Paul Kennebeck, Deputy City Attorney
Sgt. Mike Becker, Lakewood 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

Regular Meeting January 24, 2002
Regular Meeting February 14, 2002
Regular Meeting February 28, 2002

Mr. Weakly moved to approve the minutes of the regular meetings of the Lakewood Liquor and Fermented Malt Beverage Authority held on January 24, 2002; February 14, 2002; and February 28, 2002. The motion was seconded, and with those present voting Aye, THE MOTION TO APPROVE THE MINUTES CARRIED.

ITEM 4. NEW APPLICATION

Retail Liquor Store License
Alameda Square Liquors, Inc., dba Alameda Square Liquors
12793 W. Alameda Pkwy., Unit D

Deputy City Attorney Paul Kennebeck stated that his office had reviewed the file and all the paperwork appears to be in order. The applicant now has the burden of showing the Authority that the neighborhood, as defined by the City, both need and desire this type of outlet, a retail liquor store, to be granted a license.

Scott Tarbox, registration #19006, appeared on behalf of the applicant.

Thien Nguyen, 1250 S. Kalispell Wy., Aurora, appeared before the Authority and was sworn in.

In response to questions from his attorney, Mr. Nguyen stated that he is of good moral character because he has never had any problems with the law and has volunteered in his community. Mr. Nguyen went on to say that his liquor store would be the only one on the South side of Alameda Pkwy. where all the others were on the North side. The surveys submitted to the City showed that 76% of the adult inhabitants of the neighborhood were in favor of him being granted a liquor license. Mr. Nguyen testified that he had attended the City's alcohol training program in order to educate himself on the responsible sale of alcohol.

Chairman Taake asked the Secretary to read the inventory of liquor-licensed establishments within the neighborhood boundaries into the record.

Secretary Laura Bock said an inventory of the liquor-licensed establishments within the neighborhood had been completed. There are one hotel & restaurant license, four retail liquor store licenses, zero tavern licenses, zero beer and wine licenses, zero club licenses, one brew pub license, zero liquor-licensed drug stores, and four 3.2% fermented malt beverage licenses located within the boundaries.

Max Scott, owner/operator of Oedipus, Inc., appeared before the Authority and was sworn in. Mr. Scott provided a brief summary of his company's background and the survey process. He explained the results of the petitions submitted on behalf of the applicant to support the "needs and desires" of the neighborhood. Mr. Scott testified that the survey results were exceptionally good for a retail liquor store license application.

Justin Ivie, 1185 Van Gordon Ct., Lakewood, appeared before the Authority and was sworn in. He testified that he is 22 years old and has lived in the Green Mountain neighborhood most of his life.
He said having a liquor store on the South side of Alameda Pkwy would be convenient and he would patronize the business.

George Hansen, 13908 W. Baker Pl., Lakewood, appeared before the Authority and was sworn in. He testified that he is the owner/operator of Ironworks Brewery located in the neighborhood. He believes the liquor store would benefit the neighborhood. The majority of his patrons are local and some walk to his establishment. A liquor store on the South side of Alameda would be easier to access than those on the North side. Alameda Parkway is a busy street and can be difficult to cross.

Dr. Roger Knowles, 12792 W. Alameda Pkwy., appeared before the Authority and was sworn in. Mr. Knowles testified that he is the owner/operator of Knowles Chiropractic Office located in the same building as the proposed liquor store. He said he believes the local community is adequately served. Mr. Knowles believes that the apartment complexes in the neighborhood house a lower-income population who should not be stopping at a liquor store to purchase alcohol. He further expressed concerns of vandalism and intoxicated drivers in and around his business. Mr. Knowles also expressed concern over a liquor store being so close to a nearby skate park.

Steve Thompson, 658 S. Youngfield Ct., Lakewood, appeared before the Authority and was sworn in. He stated that he lives on the North side of Alameda Parkway and he doesn't believe that having a liquor store on the North side of the Parkway will provide any more convenience than what currently exists. He also testified that no one came and knocked on his door to ask him to sign a petition.

Patrick Nelms, 12792 W. Alameda Pkwy., appeared before the Authority and was sworn in. Mr. Nelms said his optometry office is located in the same building as the proposed liquor store. He was canvassed by the surveyors but didn't sign in favor or opposition because he feels a liquor store would detract from the professional image that currently exists. Mr. Nelms testified that since the storefront was posted, he has received numerous safety concerns from both his staff and customers. He stated that there are plenty of establishments already serving the needs of the neighborhood.

Mr. Edward Masih, 2469 S. Ellis Ct., Lakewood, appeared before the Authority and was sworn in. He testified that he owns Norman's Liquors in the neighborhood. He placed his own petitions on his counter and asked his customers to sign it if they were opposed to another liquor store in the neighborhood. Mr. Masih wished to submit those petitions to the Authority.

Chairman Taake stated that the petitions would need to be presented to the City and the addresses verified. He questioned how the signatures would be verified at this point.

Deputy City Attorney Paul Kennebeck advised the Authority that they could either accept or not accept the witness's petitions. However, they would have to give it the weight as described by Mr. Masih. Mr. Kennebeck went on to explain that the applicant had provided information as to how the empirical data was obtained in the petitions submitted by Oedipus.

Attorney Tarbox objected to the acceptance of these petitions by the Authority. He stated that there were not any no votes and therefore did not provide a fair representation.

Chairman Taake said the Authority would accept the petitions, however; little weight would be given them.

Jay Kim, 2335 S. Holman, Cir., Lakewood, appeared before the Authority and was sworn in. Mr. Kim said he owns Green Mountain Liquors and that he also had petitions in opposition to submit to the Authority. He testified that the liquor salesmen told him this area has the highest density of liquor stores in Colorado.

In response to questions from Mr. Kennebeck, Mr. Kim stated that he obtained the signatures by placing the petitions on the counter.

Deputy City Attorney again advised the Authority that they could either accept or not accept the witness's petitions. However, they would have to give it the same weight as the petitions submitted by Mr. Masih.

Attorney Tarbox renewed his objection to the acceptance of these petitions.

No one else came forward to speak and the public portion of the hearing was closed.

Attorney Tarbox said the applicant is conscientious and Oedipus did a random survey and the results were higher than the norm in favor of the issuance of this license. He believes the applicant has met the burden of proof in regards to the needs and desires of the neighborhood.

Deputy City Attorney Paul Kennebeck told the Authority they have to decide the issue of whether or not the applicant has shown that the neighborhood both needs and desires this liquor store. The issues of traffic and future criminal activity, such as vandalism and DUIs, are not issues for liquor licensing. The courts have addressed those issues by stating that if the zoning is proper, and in this case it is, then traffic concerns were addressed during the zoning hearings. He further stated that the courts have addressed the issues of criminal activity in regards to liquor licensing as being too speculative. If indeed criminal activity exists at a liquor-licensed location, the licensee will be brought before the Authority to have their license suspended or revoked.

Chairman Taake reopened public testimony in order to allow Mr. Knowles to speak again.

Mr. Knowles said he had collected the letters submitted to the Authority. He feels his concerns are legitimate and the spirit of the law should consider the close proximity of the skate park. He stated that he doesn't feel the neighborhood needs or desires additional liquor stores.

The public testimony portion of the hearing was again closed and Chairman Taake polled the Authority as to their opinions regarding this application. All stated that the petitions submitted by Mr. Masih and Mr. Kim should not be given any weight and the applicant had met his obligation regarding the needs and desires of the neighborhood.

Mr. Monsoor moved to approve the Retail liquor store license application of Alameda Square Liquors, Inc., dba Alameda Square Liquors, 12793 W. Alameda Pkwy. The motion was seconded and with present voting Aye, THE MOTION TO APPROVE THE APPLICATION CARRIED.

ITEM 5. GENERAL BUSINESS

Issue complaint and order to show cause and set a hearing date for the 3.2% Off Premise Fermented Malt Beverage License of Western Convenience Stores, Inc., dba Western Convenience Store, 7603 W. 13th Ave.

Deputy City Attorney Paul Kennebeck asked the Authority members to review the charges listed in the complaint and find probable cause that a violation occurred. The violation being that a minor did enter this establishment and purchase alcohol during a compliance check conducted by the Lakewood Police Department on February 21, 2002.

Mr. Weakly moved to serve notice of hearing on the complaint in order to show cause why the 3.2% off premise fermented malt beverage license of Western Convenience doing business at 7603 W. 13th Ave. should not be suspended or revoked. The hearing is to be held on June 27, 2002. With those present voting Aye, THE MOTION TO ISSUE A COMPLAINT CARRIED.

Issue complaint and order to show cause and set a hearing date for the retail liquor store license of the Beerman Corp., dba Beerman, 10120 W. 26th Ave., Unit D.

Deputy City Attorney Paul Kennebeck asked the Authority members to review the charges listed in the complaint and find probable cause that a violation occurred. The violation being that a minor did enter this establishment and purchase alcohol during a compliance check conducted by the Lakewood Police Department on February 21, 2002.

Ms. Hansson moved to serve notice of hearing on the complaint in order to show cause why the retail liquor store license of The Beerman doing business at 10120 W. 26th Ave., Unit D should not be suspended or revoked. The hearing is to be held on June 27, 2002. With those present voting Aye, THE MOTION TO ISSUE A COMPLAINT CARRIED.

Issue complaint and order to show cause and set a hearing date for the liquor-licensed drug store of Kmart Corp., dba Super Kmart, 10555 W. Colfax Ave.

Deputy City Attorney Paul Kennebeck asked the Authority members to review the charges listed in the complaint and find probable cause that a violation occurred. The violation being that a minor did enter this establishment and purchase alcohol during a compliance check conducted by the Lakewood Police Department on February 21, 2002.

Mr. Wisneski moved to serve notice of hearing on the complaint in order to show cause why the liquor-licensed drugstore license of Super Kmart doing business at 10555 W. Colfax Ave. should not be suspended or revoked. The hearing is to be held on June 27, 2002. With those present voting Aye, THE MOTION TO ISSUE A COMPLAINT CARRIED.

Issue complaint and order to show cause and set a hearing date for the retail liquor store license of Steve Behringer, dba Dale's Liquors, 1530 Kipling Blvd.

Deputy City Attorney Paul Kennebeck asked the Authority members to review the charges listed in the complaint and find probable cause that a violation occurred. The violation being that a minor did enter this establishment and purchase alcohol during a compliance check conducted by the Lakewood Police Department on February 21, 2002.

Mr. Monsoor moved to serve notice of hearing on the complaint in order to show cause why the retail liquor store license of Dale's Liquors doing business at 1530 Kipling Blvd. should not be suspended or revoked. The hearing is to be held on June 27, 2002. With those present voting Aye, THE MOTION TO ISSUE A COMPLAINT CARRIED.

Issue complaint and order to show cause and set a hearing date for the tavern license of Highmark International Inc., dba Comfort Inn Lakewood, 3440 S. Vance St.

Deputy City Attorney stated that liquor licensees have an obligation under Colorado statute and local ordinance to report changes in corporate officers and/or the transfer or sale of stock. Beginning in December of 2001, the City Clerk's Office became aware of changes in the corporate structure and sent a number of packets and letters to the corporate office with no response. Mr. Kennebeck said he had sent a letter himself and received only partial information in return. He is asking the Authority to issue a complaint and order to show cause.

Mr. Monsoor moved to serve notice of hearing on the complaint in order to show cause why the tavern license of Comfort Inn Lakewood doing business at 3440 Vance St. should not be suspended or revoked. The hearing is to be held on June 27, 2002. With those present voting Aye, THE MOTION TO ISSUE A COMPLAINT CARRIED.

Ms. Bock asked the Authority members to give her a head count of those who would be attending the training session being put on by the City of Englewood. Two members, Mr. Taake and Mr. Weakly are unable to attend.

ITEM 6. ADJOURNMENT

There being no further business to come before the Liquor Authority at this time, the meeting adjourned at 9:10 p.m.

___________________________________
Laura Bock, Secretary

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