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November 14, 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
Stan Wisneski
Also present: Tammy Russell, 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 July 25, 2002
Regular Meeting September 12, 2002
Regular Meeting September 26, 2002
Regular Meeting October 12, 20022
Mr. Wisneski moved to approve the minutes of July 25, 2002, September 12, 2002, September 26, 2002, and October 12, 2002. The motion was seconded and with those present voting Aye, THE MOTION TO APPROVE THE MINUTES CARRIED.
ITEM 4. SHOW CAUSE HEARING
3.2 % Off Premise Fermented Malt Beverage License
Metro Oil Company, Inc. dba Diamond Shamrock #1118
1890 Wadsworth Blvd.
Deputy City Attorney Russell told the Liquor Authority that the City had reached an agreement with the licensee's attorney, Mr. Stonbraker. The licensee will admit to selling alcohol to a minor during a compliance check performed by the Lakewood Police Department on September 25, 2002. This is the licensee's third violation in a three-year period of time.
Jon Stonbraker, registration #9517, appeared on behalf of the licensee. He testified that Metro Oil Company, Inc. does stipulate to the existence of one violation. He apologized on behalf of his client for their appearance in front of the Authority.
Mr. Weakly moved to accept the stipulation between the Deputy City Attorney
and
Metro Oil Company, Inc., dba Diamond Shamrock at 1890 Wadsworth Blvd. The motion
was seconded and with those present voting Aye, THE MOTION TO ACCEPT THE STIPULATION
CARRIED.
Jon Stonbraker testified that Metro Oil Company offers the best training program on a statewide basis. New employees are presented with compliance issues on the very first day they are hired. These employees must review the rules and then sign off on them. After two weeks of employment, these employees go to an all day training session in which a substantial portion of that training is devoted to compliance with alcohol and tobacco rules.
The Chairman closed the public testimony.
After some discussion amongst the Authority members regarding the penalty to be imposed, Ms. Hansson moved that the following penalty be imposed: a 28-day suspension to begin at 5:00 a.m. November 15, 2002, and end at 5:00 a.m. December 13, 2002. The motion was seconded and with those present voting Aye, THE PENALTY MOTION CARRIED.
ITEM 5. NEW APPLICATION
3.2% Off Premise Fermented Malt Beverage License
Target Corp., dba Target #T-1500
14500 W. Colfax Ave., Unit #B1
Deputy City Attorney Russell told the Authority that the City Attorney's Office had reviewed the application and everything appeared to be in order. The City has no objection to the issuance of this license.
Michelle Stalzer, registration #34051, appeared on behalf of the applicant.
Tina Scott, 1216 Tipperare St., Boulder, CO, appeared before the Authority
and was sworn in. Ms. Scott testified that she is representing Oedipus, Inc.
who performed the petition survey for this applicant.
She explained the procedures for circulating the petitions and provided a summary
of the survey data. Of the people surveyed, 94% were in favor of issuing the
license.
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 11 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."
Roger Morris, registration #8410, appeared on behalf of the applicant. He responded to questions by the Authority by explaining that the Target Corporation is a very large publicly traded corporation. As a result of that, the ownership is scattered among a huge variety of people and institutions throughout the world. Accordingly, none of the officers or directors individually own 10% or more of this corporation. Mr. Morris also explained that the startup funds for this store are coming from general operating capital.
Lloyd Kelvin Meadows, 8485 South Double Header Ranch Road, Morrison, CO, Store Team Leader, appeared before the Authority and was sworn in. Mr. Meadows testified that the Target Corporation provided him with a training session regarding the sale of alcohol. He also explained to the Authority the procedures in place to prevent the sale of alcohol to minors.
Ms. Monsoor moved to approve the 3.2% Off Premise Fermented Malt Beverage License application of Target Corp., dba Target Store #T-1500, 14500 W. Colfax Ave., Unit #B1. The motion was seconded and with those present voting Aye, THE MOTION TO APPROVE THE APPLICATION CARRIED.
ITEM 6. GENERAL BUSINESS
ISSUE COMPLAINT
Issue complaint and order to show cause and set hearing for SFH Enterprises, L.L.C., dba Cleopatra's, 6045 W. Alameda Ave.
Deputy City Attorney Russell 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. Hansson moved to hold to a date certain of January 9, 2002, the complaint and order to show cause hearing for SFH Enterprises, L.L.C., dba Cleopatra's. 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 Licensing Authority at this time, the meeting adjourned at 8:00 p.m.
Laura Bock, Secretary
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