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October 10, 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
Stan Wisneski
Absent: David Weakly
Also present: Paul Kennebeck, Deputy City Attorney
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 August 22, 2002
Mr. Monsoor moved to approve the minutes of August 22, 2002, after a correction
is made on page 2. The motion was seconded and with those present voting Aye,
THE MOTION TO APPROVE THE MINUTES CARRIED.
ITEM 4. NEW APPLICATION
Hotel & Restaurant License
FoodBrand Colorado, L.L.C., dba Chili's Too
14500 W. Colfax Ave., #349
Deputy City Attorney Kennebeck told the Authority that he reviewed the file, a point of fact was the substantial paperwork and that he and the attorney representing this applicant met with the Liquor Licensing Specialist, Laura Bock, in an attempt to explain the organizational chart for this application. Mr. Kennebeck feels the paperwork is in order and has no objection to the issuance of this license.
Alan Dill, registration #872, appeared on behalf of the applicant. He testified that this application, as well as the one to follow, is a little bit different than what the Authority normally sees. The applicant has a franchise agreement with another company to manage the facility and operate as a franchisee. He explained that the ownership chart is a complicated one.
Max Scott, 1216 Tipperare St., Boulder, CO, appeared before the Authority and was sworn in. Mr. Scott testified that he is the owner of Oedipus, Inc. who performed the petition survey for this applicant. He explained the procedures for circulating the petitions and provided a summary of the survey data. Of the people surveyed, 91% were in favor of issuing the license.
Attorney Dill asked to enter the petitions into evidence.
Brad Leonard, 10511 Parfet Ct., Westminster, CO, appeared before the Authority and was sworn in. Mr. Leonard testified that he is the General Manager of the Residence Inn located in the neighborhood. He personally feels that there is a need for additional hotel and restaurant licenses in this neighborhood. He stated that he was also in favor of Jillians obtaining a hotel and restaurant type license.
Richard Brown, 14798 E. Hawaii Pl., Aurora, CO, appeared before the Authority and was sworn in. Mr. Brown said he is employed with California Pizza Kitchen located within the Colorado Mills Mall. He feels there is a need for additional liquor licenses and is in favor of both the Chili's and Jillian's being granted liquor licenses.
Dana Browne, 1055 S. Elizabeth St., Denver, CO, appeared before the Authority and was sworn in. Ms. Browne testified that she is the General Manager of the applicant, FoodBrand. FoodBrand operates many liquor-licensed establishments throughout the country. Even though there is a registered manager at this location, she is ultimately responsible for this license. Ms. Brown stated that she has extensive experience in alcohol service and the food and beverage industry. She testified that she feels there is also a need for Jillian's to be granted a liquor license as well as her store, Chili's.
Brad Radosevich, 4343 S. Elati St., Englewood, CO, appeared before the Authority
and was sworn in. He testified that he is the General Manager of Chili's Too.
He has operated other Chili's restaurants in Colorado for approximately 15 years.
He is has never had a violation and is very familiar with all the rules and
regulations of the Colorado Liquor Code. He stated that this concept involves
approximately 90% food and 10% alcohol. There will always be a manager on shift
and he plans to send all employees to the City's alcohol class. Mr. Radosevich
further testified that he believes there is a need for Jillian's to be granted
a liquor license as well.
Chairman Taake closed the public testimony.
Chairman Taake asked Ms. Bock to read the inventory of liquor-licensed establishments into the record. Ms. Bock said, "an inventory of the liquor-licensed establishments within the neighborhood had been completed. There are seven hotel & restaurant licenses, one brewpub, one 3.2% fermented malt beverage license, no tavern licenses, no club licenses, no retail liquor store licenses, and no beer and wine licenses located within the boundaries."
Ms. Hansson moved to approve the hotel and restaurant liquor license application of FoodBrand Colorado, L.L.C., dba Chili's Too, 14500 W. Colfax Ave., Unit #349. The motion was seconded and with those present voting Aye, THE MOTION TO APPROVE THE APPLICATION CARRIED.
ITEM 5. NEW APPLICATION
Hotel & Restaurant License
Jillian's of Denver Mills, L.L.C., dba Jillian's
14500 W. Colfax Ave., Unit #365
Deputy City Attorney Paul Kennebeck testified that this applicant was seeking two different licenses. One is for a hotel and restaurant license and one is for an arcade license. Attorney Kennebeck said he felt it would be easiest to have one piece of evidence presented at the same time for both applications. The Authority in its two different capacities makes two different resolutions to issue both licenses.
Chairman Taake asked Ms. Bock to read the inventory into the record. Ms. Bock said, "an inventory of the Lakewood liquor-licensed premises within the neighborhood has been completed. There are nine hotel and restaurant licenses, one brewpub license, one 3.2% fermented malt beverage license, zero tavern licenses, zero club licenses, zero retail liquor store licenses, and zero beer and wine licenses located within the boundaries."
Alan Dill, registration #872, appeared on behalf of the applicant. He asked the Authority to take "Administrative Notice " of the testimony as to needs and desires from the Residence Inn, California Pizza Kitchen, and Chili's Too in support of this application which was previously presented.
Max Scott, 1216 Tipperare St., Boulder, CO, appeared again on this evening. Mr. Scott's company, Oedipus, Inc. conducted the surveys for the needs and desires portion of the application for the hotel and license as well as for the arcade license application. He explained to the Authority his company's procedures for obtaining signatures on the petitions and provided a summary of the empirical data.
For the hotel and restaurant application, 86% of those surveyed favored the issuance of the license and for the arcade license application, 87% favored the issuance of the license.
Attorney Dill asked to enter the petitions and the summary reports into evidence.
At this time, 7:50 p.m., after receiving no objection from the City Clerk's Office nor from either attorneys, the Arcade Licensing Authority was convened, and a joint meeting was held. It was noted for the record that all members with the exception of David Weakly, were present.
Attorney Dill asked to enter the petitions and summary reports into evidence again.
John Assante, 7232 E. Euclid Ave., Centennial, CO appeared before the Authority and was sworn in. He testified that he has 14 years experience in the liquor industry and has had no violations. He explained to the Authority how Jillian's would operate and that there is always a number of management staff on shift at all times. Mr. Assante stated that he will send all employees to the City's alcohol class and is trying to get an onsite class lined up. In addition to the City's alcohol class, the company has an extensive program that deals specifically with alcohol issues. Mr. Assante provided detailed explanation to some of the video and virtual reality games on site.
Gregory Stevens, 843 Lake Forest Pkwy., Louisville, KY, appeared before the Authority and was sworn in. He testified that he is the managing member of the Limited Liability Company applying for both licenses. He explained to the Authority the complex ownership chart. Mr. Stevens said that his company had 36 restaurants throughout the country.
Chairman Taake closed the public testimony.
Mr. Wisneski moved to approve the hotel and restaurant license application of Jillian's of Denver Mills, L.L.C., dba Jillian's, 14500 W. Colfax Ave., Unit #365. The motion was seconded and with those present voting Aye, THE MOTION TO APPROVE THE APPLICATION CARRIED.
Ms. Hanson moved to approve the Type B Arcade License application of Jillian's of Denver Mills, L.L.C., dba Jillian's, 14500 W. Colfax Ave., Unit #365 which also qualifies as an entertainment center exempting it from hours of operation. The motion was seconded and with those present voting Aye, THE MOTION TO APPROVE THE APPLICATION CARRIED.
ITEM 6. GENERAL BUSINESS
(A) ISSUE COMPLAINT
Issue complaint and order to show cause and set hearing for Metro Oil Company, Inc., dba Diamond Shamrock #1118, 1890 Wadsworth Blvd.
Deputy City Attorney asked the Authority to review the charges listed in the complaint and to find probable cause that a violation occurred beginning on or about September 25, 2002.
Mr. Wisneski moved to hold to a date certain of November 14, 2002, the complaint and order to show cause hearing for Metro Oil Company, Inc., dba Diamond Shamrock #1118. The motion was seconded and with those present voting Aye, THE MOTION TO ISSUE A COMPLAINT CARRIED.
(B) ISSUE COMPLAINT
Issue complaint and order to show cause and set hearing for Mack's Liquor, Inc., dba Mack's Liquor, 11712 W. Colfax Ave.
Deputy City Attorney asked the Authority to review the charges listed in the complaint and to find probable cause that a violation occurred beginning on or about September 25, 2002.
Ms. Stevens moved to hold to a date certain of December 12, 2002, the complaint and order to show cause hearing for Mack's Liquor, Inc., dba Mack's Liquor. The motion was seconded and with those present voting Aye, THE MOTION TO ISSUE A COMPLAINT CARRIED.
ITEM 7. ADJOURNMENT
There being no further business to come before the Liquor Authority or the Arcade Licensing Authority at this time, the meeting adjourned at 8:30 p.m.
Laura Bock, Secretary
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