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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
Douglas Monsoor
Lorrie Stevens
David Weakly
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. APPROVAL OF MINUTES
Mr. Wisneski made a motion to approve the Minutes of the Regular Meeting of
the Lakewood Liquor and Fermented Malt Beverage and Arcade Licensing Authority
of November 14, 2002, as submitted. It was seconded by Kristina Hansson. There
was no discussion. The vote was 7 Ayes, 0 Nays and THE MOTION TO APPROVE THE
MINUTES WAS APPROVED.
ITEM 4. SHOW CAUSE HEARING
Tavern License
SFH Enterprises, L.L.C., dba Cleopatra's
6045 W. Alameda Avenue #104
Deputy City Attorney Kennebeck stated that he has spoken to Samer Al-Hussari
and he was willing to stipulate to the facts of the Complaint. Attorney Kennebeck
stated that there is no need for him to present his case at this time.
Samer Al-Hussari, 6045 W. Alameda Avenue, Lakewood, Colorado appeared before the Authority and was sworn in. He testified, that, although he disagreed with the police report, he does stipulate to the facts of the Complaint.
Yvonne Leyba, 12480 W. Nevada Place, Lakewood, Colorado, appeared before the Authority and was sworn in. She testified that she was Samer Al-Hussari's girlfriend and swore there would not be another domestic disturbance call to the establishment.
The public hearing was closed and the Authority entered into a brief discussion amongst themselves.
Mr. Weakley made a motion to approve the stipulation between the Deputy City Attorney and SFH Enterprises, L.L.C., dba Cleopatra's. It was seconded by Mr. Wisneski. With those present voting Aye, THE MOTION TO ACCEPT THE STIPULATION CARRIED.
Upon the Authority's decision that a violation of the Colorado and/or Lakewood
Liquor Codes has occurred, and after hearing any statements in aggravation or
mitigation, Mr. Monsoor made a motion that the following penalty be imposed
upon SFH Enterprises, L.L.C., dba Cleopatra's. That a suspension of ten days
be imposed and that five days be held in abeyance for a period of one year commencing
January 10, 2003. Further move 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 will be dismissed. In the event a violation does occur within one
year from January 10, 2003, regardless of when the 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 begin at 7:00
a.m. on January 10, 2003, and end on January 16, 2003. It was seconded by
Ms. Hansson. Vote: Six Ayes, One Nay (Diamond). THE PENALTY MOTION CARRIED.
Mr. Al-Hassari requested that a fine be paid in lieu of suspension.
Mr. Weakley made a motion that SFH Enterprises, dba Cleopatra's, 6045 W. Alameda Avenue, be permitted to pay a fine in lieu of five days of actual suspension imposed. It was seconded by Mr. Monsoor. Vote: Six Ayes, One Nay (Diamond). THE MOTION TO PAY A FINE IN LIEU OF SUSPENSION CARRIED.
ITEM 5. NEW APPLICATION
Hotel & Restaurant License
Little Olive Inc., dba Little Olive Asian Seafood Kitchen
1050 S. Wadsworth Blvd. #STU
Deputy City Attorney Kennebeck stated that he had reviewed the application and all of the documents were in order,
Kelley Pietrs, petitioner, 2792 South Race Street, Denver, Colorado, appeared before the Authority and was sworn in. Ms. Pietrs reviewed the petition findings with the Authority. The report was given to the Authority.
Translator Ester Choi of 1845 S. Federal Street, Denver, Colorado and Tommi Li, Owner of the Little Olive Asian Seafood Kitchen, 1050 South Wadsworth Blvd., appeared before the Authority and were sworn in. Ms. Li stated that she understood the liquor laws of the State and the City and would comply with them.
Mr. Monsoor made a motion that the application for a Hotel & Restaurant Liquor License for Little Olive, Inc., dba Little Olive Asian Seafood Kitchen, 1050 S. Wadsworth Blvd, #STU, 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. Wisneski. With all those present voting aye, THE MOTION TO APPROVE THE APPLICATION CARRIED.
ITEM 6. GENERAL BUSINESS
Attorney Kennebeck stated that the following five Agenda Items A, B, C, D, and E are requests to issue Complaints and was brought about by the probable cause that the Police Department witnessed, on five occasions at five different locations, the sale of alcohol to a minor. These all occurred on the December 12, 2002.
(A) Mr. Wisneski moved to hold to a date certain of February 13, 2003, the complaint and order to show cause hearing for Safeway Store Forty Five, Inc., dba Safeway Store #2342, 11088 W. Jewell Avenue. The motion was seconded by Mr. Weakley. With all those present voting Aye, THE MOTION TO ISSUE A COMPLAINT CARRIED.
(B) Ms. Hansson moved to hold to a date certain of February 13, 2003, the complaint and order to show cause hearing for 7-Eleven, Inc., dba Seven Eleven Store #13128, 9101 W. Jewell Ave. The motion was seconded by Mr. Wisneski. With all those present voting Aye, THE MOTION TO ISSUE A COMPLAINT CARRIED.
(C) Mr. Weakley moved to hold to a date certain of February 13, 2003, the complaint
and order to show cause hearing for Lemlem, L.L.C., dba JCRS Discount Liquors
Lakewood, 6559 W. Colfax Ave. The motion was seconded by Ms. Hansson. With all
those present voting Aye, THE MOTION TO ISSUE A COMPLAINT CARRIED
(D) Mr. Monsoor moved to hold to a date certain of February 27, 2003, the
complaint and order to show cause hearing for Steve Behringer, dba Dale's Liquors,
1530 Kipling Blvd. The motion was seconded by Mr. Weakley. With all those present
voting Aye, THE MOTION TO ISSUE A COMPLAINT CARRIED.
(E) Mr. Wisneski moved to hold to a date certain of February 27, 2003, the complaint
and order to show cause hearing for Mack's Liquor Inc., dba Mack's Liquor, 11712
W. Colfax Ave. The motion was seconded by Mr. Weakley. With all those present
voting Aye, THE MOTION TO ISSUE A COMPLAINT CARRIED.
ITEM 7 - ADJOURNMENT
There being no further business to come before the Authority, Chairman Fred Taake adjourned the meeting at 8:05 p.m.
Margy Greer, City Clerk
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