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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
Lorri Stevens
Stan Wisneski
Also present: Paul Kennebeck, Deputy City Attorney
Laura Bock, City Clerk
Full and timely notice of this meeting had been given and a quorum was present.
ITEM 3. SHOW CAUSE HEARING
Retail Liquor Store License
Lemlem, L.L.C., dba JCRS Discount Liquor Lakewood
6569 W. Colfax Ave
Deputy City Attorney Paul Kennebeck said this complaint is the result of a liquor violation that occurred on December 12, 2002, during a compliance check. This is a first offense for this licensee and the City understands that the licensee will admit to the violation.
Kristine Hoeltgen, registration #8321, appeared on behalf of the licensee.
Tsehaye Berhe, 6569 W. Colfax Ave., owner, was sworn in. He said he accepts the stipulation and admits to the violation.
Mr. Monsoor moved to accept the stipulation between the Deputy City Attorney and Lemlem, L.L.C., dba JCRS Discount Liquors Lakewood, 6569 W. Colfax Ave. The motion was seconded and with those present voting Aye, THE MOTION TO ACCEPT THE STIPULATION CARRIED.
Ms. Holtgen stated that the store passed a previous compliance check in September of 2002. She explained to the Authority the remedial actions taken by the licensee to prevent further violations. These actions include: the installation of a magnetic I.D. reader software package into the cash register, posting of additional signage in the store, and all employees have attended the City's alcohol training class
The public testimony portion of the hearing was closed.
Ms. Hansson moved that the following penalty be imposed: a suspension of 10 days with five days held in abeyance for one year commencing February 14, 2003. The balance of the suspension is to begin at 8:00 a.m. on February 14, 2003, and end at 8:00 a.m February 19, 2003. The motion was seconded and with those present voting Aye, THE MOTION TO ACCEPT THE PENALTY CARRIED.
Ms. Hoeltgen petitioned the Authority on behalf of the licensee to pay a fine in lieu of the five-day suspension. She asked the Authority if the time computation of the fine could be split.
Chairman Taake denied the request of splitting up the time for computing the fine.
Mr. Wisneski moved that the Authority allow Lemlem, L.L.C., dba JCRS Discount Liquors Lakewood to pay a fine in lieu of suspension. The motion was seconded and with those present voting Aye, THE MOTION TO ACCEPT A FINE IN LIEU OF SUSPENSION CARRIED.
ITEM 4. GENERAL BUSINESS
(A) Issue Complaint and Order to Show Cause and set hearing date for the Hotel
& Restaurant License of Landry's Seafood House - Colorado, Inc., dba Simms
Landing, 11911 W. 6th Ave.
Deputy City Attorney Kennebeck said the City Clerk's Office has been unable to get the manager of this location to come into the City offices to register as a manager.
Mr. Wisneski moved to hold to a date certain of March 13, 2003, the complaint and order to show cause hearing for Landry's Seafood House - Colorado, Inc., dba Simms Landing, 11911 W. 6th Avenue. The motion was seconded and with all those present voting Aye, THE MOTION TO ISSUE A COMPLAINT CARRIED.
(B) Audit Results of SFH Enterprises, L.L.C., dba Cleopatras, 6045 W. Alameda Ave. #104.
Ms. Bock explained to the Authority that the books and records for this licensee were not kept in the manner appropriate to determine a fine in lieu of five-days suspension.
Deputy City Attorney Kennebeck explained to the Authority that the Authority's options in this matter are wide range. He also read the state statute regarding fines in lieu of suspension.
Mr. Monsoor moved to serve formal notice upon SFH Enterprises, L.L.C., dba Cleopatras, 6045 W. Alameda Ave. #104 to appear before the Lakewood Liquor Authority on February 27, 2003. The motion was seconded and with all those present voting Aye, THE MOTION TO SERVE FORMAL NOTICE WAS APPROVED.
ITEM 5. ADJOURNMENT
There being no further business to come before the Authority, Chairman Taake adjourned the meeting at 7:30 p.m.
Laura Bock, Liquor Licensing Clerk
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