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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
Dr. Louis Diamond
Kristina Hansson
David Weakly
Stan Wisneski
Absent: Doug Monsoor
Also present: Paul Kennebeck, Deputy City Attorney
Margy Greer, City Clerk
Full and timely notice of this meeting had been given and a quorum was present.
ITEM 3. APPROVAL OF MINUTES
Ms. Hansson made a motion to approve the Minutes of the Regular Meetings of
June 27, 2002, and July 11, 2002, as submitted. It was seconded by Dr. Diamond.
There was no discussion. The vote was 5 Ayes, 0 Nays and THE MOTION TO APPROVE
THE MINUTES WAS APPROVED.
ITEM 4. SHOW CAUSE HEARING
3.2% Off Premise Fermented Malt Beverage License
Metro Oil Co., Inc., dba Diamond Shamrock #1118
1890 Wadsworth Blvd.
Deputy City Attorney Kennebeck stated that he has spoken to Attorney Jon Stonbraker
who is representing Diamond Shamrock. He has an explanation as to why the paperwork
didn't get in and will stipulate to the facts of the Complaint. The paperwork
for a new manager has been fully submitted and is being processed by the Police
Department. Attorney Kennebeck stated that there is no need for him to present
his case at this time.
Jon Stonbraker, 455 Sherman, Suite 300, Denver, Colorado 80203, Registration Number 9517, Attorney for Metro Oil, Inc., appeared before the Authority and was sworn in. Attorney Stonbraker stated that the Manager, Samantha Wilkerson, was contacted by the City and asked to register. The company and Mr. Stonbraker's office did not know about it. Ms. Wilkerson has moved to Indiana. At that time he became aware that the paperwork was lacking. Since then, the new manager, Mr. Gary J. Copeland, has submitted all the necessary paperwork to the City. Mr. Stonbraker asked that the case be dismissed because they are in a compliant position today. If the Authority moves to dismiss the case, he stated he would not pursue his legal argument.
Laura Bock, Liquor Licensing Specialist for the City of Lakewood, appeared before the Authority and was sworn in. In answer to questions from the Authority members, Ms. Bock provided testimony regarding the specific dates the manager registration packet was delivered to the manager and the subsequent follow up letters, showing a five-month plus period from the time of the first contact and the latest contact with the licensee.
The public hearing was closed and the Authority entered into a brief discussion amongst themselves.
Ms. Hansson moved to dismiss the Complaint for Suspension or Revocation of the 3.2% Off Premise Fermented Malt Beverage License of Metro Oil Co., Inc., dba as Diamond Shamrock, 1890 Wadsworth Boulevard, Lakewood, Colorado. The motion was seconded by Mr. Wisneski. With those present voting Aye, THE MOTION TO DISMISS THE COMPLAINT CARRIED.
ITEM 5. SHOW CAUSE HEARING
Tavern License
Highmark International Inc., dba Comfort Inn
3440 S. Vance Street
Deputy City Attorney Kennebeck stated that the City Clerk's Office requested a change in corporate officers form be completed and in so doing, discovered a change in shareholders which also needed to be submitted for approval. Mr. Narans, representing Comfort Inn, is here this evening and Attorney Kennebeck stated he was prepared to go forward with his case.
Laura Bock, Liquor Licensing Specialist for the City of Lakewood, appeared
before the Authority and was sworn in. In answer to questions by Attorney Kennebeck,
Mr. Bock testified that her first contact regarding needed paperwork for a manager
registration from Highmark International was on December 3, 2001. Continued
follow up was not responded to by Highmark International or Comfort Inn. After
receiving no response, the file was referred to Attorney Kennebeck on April
19, 2002. After a letter was sent by Mr. Kennebeck to the licensee, a faxed
cover letter of changes was received in the City Clerk's Office from Highmark
International, Inc. on May 20, 2002. The faxed changes showed two new officers
and those new officers held 92% of the stock. This was the first time the City
Clerk's Office had been notified there had been a conveyance of the majority
of the stock. Ms. Bock stated that she then contacted one of the new officers
and told him of the needed paperwork. On July 24, 2002,
Mr. Kevin Narans submitted the necessary paperwork. It has been seven months
since she first requested the paperwork.
Kevin Narans, 3440 S. Vance Street, Lakewood, Colorado appeared before the Authority was sworn in. Mr. Narans stated that he was unaware of the need to file a change of corporate structure with the City Clerk's Office. Due to his father's death approximately 18 months ago and the resignation of the one of the employees, the manager registration and notification of change of corporate structure slipped through the cracks. He asked the Authority to dismiss the Complaint.
The Authority members discussed the matter amongst themselves. Mr. Weakly stated the Authority has made a decision that a violation of the Colorado or Lakewood Liquor Code has occurred and after hearing any statements in aggravation and mitigation, he made a motion to suspend the license of Highmark International, Inc., dba Comfort Inn, Lakewood, 3440 South Vance, Lakewood, Colorado for 30 days be imposed beginning July 26, 2002 at 7:00 a.m. ending August 23, 2002 at 7:00 a.m. It was seconded by Ms. Hannson. With those present voting Aye, THE PENALTY MOTION CARRIED.
Mr. Narans stated that not being to serve alcohol for 30 days would be a hardship and the business would have to shut down. Chairman Taake asked Mr. Narans if he would like to petition to pay a fine in lieu of suspension. Mr. Narans asked what the amount of the fine would be. Since the liquor is given away at this location instead of sold, there are no revenues to be audited. Attorney Kennebeck and Authority members discussed discussed a formula to compute the fine amount.
Mr. Narans requested to pay a fine in lieu of suspension. Ms. Hansson made
a motion that Highmark International, Inc., dba, Comfort Inn Lakewood, be permitted
to pay a fine in lieu of 30 days of actual suspension imposed. It was seconded
by
Mr. Wisneski. With those present voting Aye, THE MOTION TO ALLOW THE LICENSEE
TO PAY A FINE IN LIEU OF SUSPENSION CARRIED.
The Authority agreed that the fine would be based on either a formula based on the cost of the alcohol to the establishment over the last 12 months, divided by 12, and use a percentage of normal cost of sales of the restaurant establishment, to estimate the revenue that would have been generated off of the alcohol or any other method as deemed appropriate by the City's Finance Department auditors.
ITEM 6. GENERAL BUSINESS
Attorney Kennebeck stated that the following three Agenda Items A, B, and C are requests to issue Complaints and was brought about by the probablE cause that the Police Department witnessed, on three occasions at three different locations, the sale of alcohol to a minor. This occurred on the evening of June 27, 2002.
A. ISSUE COMPLAINT AND ORDER TO SHOW CAUSE AND SET HEARING DATE
Hotel & Restaurant License
Shenanigan's Bar & Grill, L.L.C., dba Shenanigan's Bar & Grill
5240 S. Wadsworth Blvd.
Ms. Hannson stated that the Lakewood Liquor Authority finding that there is probable cause to believe a violation of the Colorado and/or Lakewood Liquor Code has occurred and move to serve a Notice of Hearing in order to Show Cause why the Hotel & Restaurant Liquor License held by Shenanigan's Bar, L.L.C., dba Shenanigan's Bar & Grill, 5240 S. Wadsworth Blvd., should not be suspended or revoked. Such hearing to be held on August 22, 2002. It was seconded by Mr. Weakley. With those present voting Aye, THE MOTION TO ISSUE A COMPLAINT CARRIED.
B. ISSUE COMPLAINT AND ORDER TO SHOW CAUSE AND SET HEARING DATE
Hotel & Restaurant Liquor License
Fiddlesticks, Inc., dba D. Fiddlesticks
10815 W. Jewell Avenue
Mr. Wisneski stated that the Lakewood Liquor Authority finding that there is
probable cause to believe a violation of the Colorado and/or Lakewood Liquor
Code has occurred and move to serve a Notice of Hearing in order to Show Cause
why the Hotel & Restaurant Liquor License held by D. Fiddlesticks, Inc.,
dba D. Fiddlesticks, 10815 W. Jewell Avenue, should not be suspended or revoked.
Such hearing to be held on August 22, 2002. It was seconded by Ms. Hansson.
With those present voting Aye, THE MOTION TO ISSUE A COMPLAINT CARRIED.
C. ISSUE COMPLAINT AND ORDER TO SHOW CAUSE AND SET HEARING DATE
Retail Liquor Store License
Extreme Wine & Spirits Emporium, Inc., dba Extreme Wine & Spirits Emporium
7986 W. Alameda Ave., Unit B
Mr. Wisneski stated that the Lakewood Liquor Authority finding that there is probable cause to believe a violation of the Colorado and/or Lakewood Liquor Code has occurred and move to serve a Notice of Hearing in order to Show Cause why the Retail Liquor Store License held by Extreme Wine & Spirits Emporium, Inc., dba Extreme Wine & Spirits Emporium, 7986 W. Alameda Avenue, Unit B, , should not be suspended or revoked. Such hearing to be held on September 12, 2002. It was seconded by Mr. Weakley. With those present voting Aye, THE MOTION TO ISSUE A COMPLAINT CARRIED.
D. Request for Authority Members to Participate in Civics 101.
Ms. Hansson and Mr. Wisneski volunteered to participate in the class being sponsored by the City Manager's Office.
E. Adoption of Revised Rules and Regulations for the Lakewood Liquor and Fermented Malt Beverage Licensing Authority.
The Authority asked to have changes to the Rules & Regulations made as
follows:
(1) Page 2, regarding Preliminary Investigations & Findings, Under Rule
6, Section A - Add the "specified times" to the Regulations for denial
of the application.
(2) Rule 15, regarding Modification of Premises, under Subsection B, add language
that the City Clerk can administratively approve changes that are less than
20%.
Dr. Diamond made a motion to hold a Study Session regarding the Rules and Regulations. The motion failed due to lack of a second.
It was decided that the Rules and Regulations would be voted on at the next
regular meeting.
ITEM 7. ADJOURNMENT
There being no further business to come before the Liquor Authority at this time, the meeting adjourned at 9:05 p.m.
Margy Greer, City Clerk
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