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September 26, 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
Dr. Louis Diamond
Kristina Hansson
Doug Monsoor
Lorri Stevens
David Weakly
Absent: Stan Wisneski
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. SHOW CAUSE HEARING
Hotel & Restaurant License
D. Fiddlesticks, Inc., dba D. Fiddlesticks
10515 W. Jewell Avenue, Unit Q
Deputy City Attorney Paul Kennebeck stated that he has spoken to the Owner of
D. Fiddlesticks and explained to her the process and the sanctions. The Owner
will admit to the fact that there was a sale to a minor. He explained to her
that this is a second offense within five years and the normal sanction guidelines
for a second offense is a 14-day suspension with 7 held in abeyance.
Diane Manning, 5655 S. Benton Street, Littleton, Colorado, 80123, appeared before the Authority and was sworn in. Ms. Manning stated that she would accept the Stipulation that the offense did occur. Mr. Monsoor made a motion to accept the Stipulation. It was seconded by Ms. Hannson. With all members present voting Aye, THE MOTION TO ACCEPT THE STIPULATION CARRIED.
Chairman Taake opened the public hearing.
Ms. Manning stated that a short-term employee, who was going through some personal problems, served beer to a minor. Despite training and established procedure, she served the minor. Ms. Manning asked that the Authority look at the last five years. The last violation was one month short of the five year rule. She asked the Authority to review the last 12 years that they have been in business. The employee was terminated. Mr. Manning stated that her employees have attended the City's Alcohol Awareness Program.
Chairman Taake closed the public hearing.
The Authority members discussed the matter among themselves. Mr. Monsoor stated that it is the Authority's decision that a violation of the Colorado and/or Lakewood Liquor Codes has occurred, and after hearing statements in aggravation and mitigation, moved that the following penalty be imposed upon D. Fiddlesticks, Inc., dba D. Fiddlesticks, 10515 West Jewell Avenue, Unit Q: a suspension of 14 days be imposed and that 9 days of the suspension be held in abeyance for a period of one year commencing September 27, 2002. Further moved that in the event there be no violations of the Colorado and/or Lakewood Liquor Codes during the next year, the period held in abeyance would be dismissed. In the event a violation does occur within one year from September 27, 2002, regardless of when hearing on such violation should be held, the time held in abeyance be imposed after such hearing in addition to any other penalty. The balance of the suspension will be begin at 7:00 a.m. on September 27, 2002 and end at 7:00 a.m. on October 2, 2002. It was seconded by Ms. Hansson. With all members present voting Aye, THE PENALTY MOTION CARRIED.
Ms. Manning requested paying a fine in lieu of suspension. Mr. Weakley made a motion that D. Fiddlesticks, Inc. dba D. Fiddlesticks, 10515 West Jewell Avenue, Unit Q, Lakewood, Colorado, be permitted to pay a fine in lieu of five days of actual suspension. It was seconded by Ms. Hansson. With all members present voting Aye, THE MOTION TO ALLOW THE LICENSEE TO PAY A FINE IN LIEU OF SUSPENSION CARRIED.
ITEM 4. MODIFICATION OF PREMISES
Hotel & Restaurant License
Larken Hospitality, dba Holiday Inn Lakewood
7390 W. Hampden Avenue
Attorney Kennebeck stated that he reviewed the file and all the paperwork is in order. He stated he would have to listen to the applicant to find out what exactly was being modified.
Chairman Taake opened the public hearing.
Stephanie Nelson, General Manager of the Lakewood, Holiday Inn, 4352 South Cole Street, Morrison, Colorado 80465, appeared before the Authority and was sworn in.
Tony Balton, 8801 West Bellvue, Denver, Colorado, bartender for the Lakewood Holiday Inn, appeared before the Authority and was sworn in.
Ms. Nelson stated that there has been a recent change in management at the hotel as well as a renovation. There were several questions posed at the front desk regarding alcohol coming into the hotel.
Mr. Balton stated that front desk personnel were questioning whether guests could bring their own containers of alcohol into the hotel and whether those containers needed to be closed, whether containers could be returned to the lobby area or the bar, in an open situation. As questions arose, I contacted Lenora Moore and posed the questions to her. At this time, Ms. Moore showed the new map of the remodeling of the premise and it turned out, the old and new drawings were ambiguous. The second through sixth floor were not under license. At that point, all alcohol being served to those rooms was stopped. We immediately realized the problem and began the process to get the second through sixth floors as well as the pool area licensed for alcohol service.
Lenora Moore, Liquor Inspector for the City of Lakewood, 445 S. Allison Parkway, Lakewood, Colorado appeared before the Authority and was sworn in. Ms. Moore stated that after reviewing the files and calling the State for assistance, the layout of the premises, which would have been filed with original application when the hotel was built, could not be found. The only diagram in the file showed the liquor license premises to be only the first floor of the hotel.
Bret Mansur, Owner of Liquor Petitioning Professionals, 7589 W. Fremont Avenue, Littleton, Colorado appeared before the Authority and was sworn in. Mr. Mansur explained the process for obtaining signatures on the petition forms. Business petitioning is done on weekdays and residential petitioning is done on weekends. Five hundred ten contacts were made. Three hundred forty-one were not home. Twenty-nine were not qualified to sign. Fourteen people refused to sign. One hundred twenty-five signed in favor of and fifteen were opposed and seven. Just over 85% in favor of issuance of the Modification.
Mr. Weakley moved to approve the Modification of Premises for Larken Hospitality, dba Holiday Inn Lakewood, 7390 W. Hampden Avenue, Lakewood, Colorado. It was seconded by Ms. Hannson. With all member present voting Aye, THE MOTION TO APPROVE A MODIFICATION CARRIED.
ITEM 5. NEW APPLICATION
Hotel & Restaurant License
Back Porch Saloon, Inc., dba Back Porch Saloon
693 Kipling Blvd.
Attorney Kennebeck stated that he has reviewed the file and the paperwork is in order.
Attorney Visvaldis Jaunarajs, registration no. 2976, appeared before the Authority and was sworn in.
Brian Weston, representative of Back Porch, Inc., 1880 Arapahoe Street, Denver, Colorado 80202, appeared before the Authority and was sworn in. He stated he was the President of Restaurants of America. Restaurants of America is the management company that owns Back Porch, Inc. He explained the separation between Hooters and Back Porch, Inc. It is a completely separate Hotel & Restaurant License and the food service area is separate as well as all on premise operations. The Back Porch has a completely separate concept, entrance, license, kitchen, bathrooms, etc. from Hooters. There will be no common entrances or exits from Hooters to Back Porch. Tom Campbell will be the manager of Back Porch.
Mr. Cump, Petition Coordinator, appeared before the Authority and was sworn in. He explained the process for circulating petitions. There were 738 attempted contacts. Of those, 248 individuals were qualified to sign the petition. Of those, 132 total signed the petition. Of those 132, 102 were in favor and 30 were against. Petitions were circulated both on the weekends among residents and to the businesses on weekdays. The report was submitted to the Authority.
Ms. Hansson made a motion that the application for a Hotel & Restaurant Liquor License for Back Porch Saloon, Inc., 693 Kipling, Lakewood, Colorado, be approved based on consideration of all evidence of the application and based on the reasonable requirements of the neighborhood and desires of the adult inhabitants. It was seconded by Mr. Weekley.
Mr. Monsoor moved to amend the motion to show that the issuance of the license be conditional upon the acceptance of the background information check on the manager, who is to be appointed and that the license not be issued prior to the time that that action is completed. It was seconded by Ms. Hansson.
Vote on Amendment to Motion: With all members present, voting Aye. THE MOTION TO AMEND THE ORIGINAL MOTION CARRIED.
Vote on Original Motion: With all members present, voting Aye. THE MOTION TO
APPROVE THE LICENSE CARRIED.
ITEM 6. GENERAL BUSINESS
Attorney Kennebeck reviewed the Arcade and Amusement Device Licensing Code
with the Authority. A question and answer period ensued. An application for
an Arcade License will be coming before the Authority in two weeks and the Authority
asked to review the law. There were several questions and concerns regarding
the current ordinance. Attorney Kennebeck stated that timing would not allow
the Ordinance to be amended prior to voting on the new application in two weeks.
The Authority could vote on the new application without any changes being made
to the Ordinance at this time. The Authority asked that the ordinance be amended
to reflect current policy. Attorney Kennebeck stated that a proposed revised
ordinance would be brought before the Authority prior to it being put on a City
Council agenda for approval.
ITEM 7. ADJOURNMENT
There being no further business to come before the Liquor Authority at this time, the meeting adjourned at 8:40 p.m.
Margy Greer, City Clerk
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