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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
Kristina Hansson
Douglas Monsoor
Lorri Stevens
Stan Wisneski
Absent: Dr. Louis Diamond
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. APPROVAL OF MINUTES
Regular Meeting January 9, 2003
Regular Meeting January 23, 2003
Regular Meeting February 23, 2003
Mr. Monsoor moved to delete all the minutes from the agenda and resubmit them at the next hearing to be held on March 13, 2003. The motion was seconded and with those present voting Aye, THE MOTION TO RESUBMIT THE MINUTES WAS APPROVED.
ITEM 4. AUDIT REVIEW
Tavern License
SFH Enterprises, L.L.C. dba Cleopatras
6045 W. Alameda Ave., Unit #104
Deputy City Attorney Kennebeck told the Authority that the Auditors for the City of Lakewood were unable to determine the amount of sales from the cash register receipts. The licensee had petitioned the Authority to pay a fine in lieu of five days suspension. Mr. Kennebeck said the Authority now had a fair amount of discretion in determining what sanctions should now be imposed.
Samer Al-Hussari, 6045 W. Alameda Ave., appeared before the Authority and was sworn in. He testified that he had totaled out the register on January 10, 2003, and January 11, 2003, but had only one total from January 12, 2003, through January 20, 2003. Mr. Hussari explained that he wasn't there during that period of time to total out the register. He asked the Authority to take an average for the remaining three days of sanction originally imposed.
In response to questions from the Authority, he explained that he doesn't always total out the register each night because it is a small little lounge and he will sometimes combine two and three night's totals. He explained to the Authority that he did not have day-by-day receipts for the weeks prior to the sanction week, nor subsequent to the sanction week.
After brief discussion among the Authority members, Ms. Hansson moved that the five days suspension originally imposed be served beginning at 7:00 a.m. February 28, 2003, and ending at 7:00 a.m March 5, 2003. The motion was seconded and with those present voting Aye, THE MOTION TO SUSPEND THE LICENSE CARRIED.
ITEM 5. SHOW CAUSE HEARING
Retail Liquor Store License
Steve Behringer, dba Dale's Liquors
1530 Kipling Blvd.
Deputy City Attorney Kennebeck said the matter before them is an alleged violation of a sale to a minor that occurred during a compliance check held on December 12, 2002. This is a second violation within a year for this licensee. At his last hearing, there was a sanction of five-days suspension held in abeyance.
Steve Behringer, 1665 Glen Moor Dr., appeared before the Authority and was sworn in. He admitted to the violation.
Ms. Hansson moved to accept the stipulation between the Deputy City Attorney and Steve Behringer, dba Dale's Liquors, 1530 Kipling Blvd. The motion was seconded and with those present voting Aye, THE MOTION TO ACCEPT THE STIPULATION CARRIED.
Mr. Behringer stated that an employee who had over 20 years bartending experience committed the last violation. This violation was committed by an employee who had turned out to be the best employee he's had in the last 15 years. After this violation, all the employees were fired and he and his wife are running the store and will continue to do so for the next three years until they retire.
The public testimony portion of the hearing was closed.
Ms. Hansson moved that the following penalty be imposed: a suspension of 19 days with 12 days held in abeyance for one year commencing February 28, 2003. The balance of the suspension is to begin at 8:00 a.m. on February 28, 2003, and end at 8:00 a.m. March 7, 2003. The motion was seconded and with those present voting Aye, THE MOTION TO ACCEPT THE PENALTY CARRIED.
ITEM 6. SHOW CAUSE HEARING
3.2% Off Premise Fermented Malt Beverage License
7-Eleven, Inc., dba Seven Eleven #13128
9101 W. Jewell Ave.
Deputy City Attorney Kennebeck said the matter before them is an alleged violation of a sale to a minor that occurred during a compliance check held on December 12, 2002. This is a second violation for this licensee but the Authority heard the previous matter in May of 2001 so there is no sanction of time in abeyance to be imposed.
Fern O'Brien, registration #26912, appeared on behalf of the licensee.
Hugh Hansel, 9101 W. Jewell Ave., Manager, appeared before the Authority and was sworn in. Mr. Hansel stipulated to the offense on behalf of Seven Eleven.
Mr. Wisneski moved to accept the stipulation between the Deputy City Attorney and 7-Eleven, Inc., dba Seven Eleven #13128, 9101 W. Jewell Ave. The motion was seconded and with those present voting Aye, THE MOTION TO ACCEPT THE STIPULATION CARRIED.
Mr. Hansel testified as of December 19, 2002, he is the manager of this location. The employee who sold the alcohol to the minor was terminated per company policy. The manager in charge when the violation occurred was demoted, and all employees are to attend a training program.
Mr. Wisneski moved that the following penalty be imposed: a suspension of 14 days with 7 days held in abeyance for one year commencing February 28, 2003. The balance of the suspension is to begin at 5:00 a.m. on February 28, 2003, and end at 5:00 a.m. March 7, 2003. The motion was seconded and with those present voting Aye, THE MOTION TO ACCEPT THE PENALTY CARRIED.
ITEM 7. MODIFICATION OF PREMISES
Hotel & Restaurant License
Las Fuentes, L.L.C., dba Las Fuentes Mexican Food
85 S. Union Blvd.
Patricia A. Cervantes, 4240 Tejon St., Translator, appeared before the Authority on behalf of the licensee.
Maria Acuna, 481 Cuchara St., owner, appeared before the Authority and was sworn in.
Ms. Acuna testified that her daughter, Faviola Acuna, collected the signatures on the petitions being submitted for the "needs and desires" portion of the application.
Faviola Acuna, 481 Cuchara St., appeared before the Authority and was sworn in. She testified that she went around the neighborhood and collected the signatures on the petitions. She said she was able to communicate to the neighborhood residents that she was collecting signatures so the license could be expanded.
Will Hardesty, 12420 W. Ellsworth Pl., appeared before the Authority and was sworn in. He stated that he is a resident of the neighborhood and a customer of the restaurant. He felt the neighborhood both needed and desired the expansion of this restaurant.
Gail Moler, 12420 W. Ellsworth Pl., appeared before the Authority and was sworn in. She testified that she is a resident of the neighborhood and a customer of the restaurant. She felt that the license needed to be expanded into the additional space to be utilized to its full potential.
Ms. Bock read the inventory into the record as follows: "An inventory of the liquor-licensed premises within the neighborhood is as follows: There are 14 hotel and restaurant licenses, zero brew pub licenses, two 3.2% fermented malt beverage licenses, zero tavern licenses, zero club licenses, three retail liquor store licenses, and zero beer and wine licenses within the boundaries.
Mr. Monsoor moved to approve the modification of premises for Las Fuentes, L.L.C., dba Las Fuentes Mexican Food, 85 S. Union Blvd. The motion was seconded and with those present voting Aye, THE MOTION TO APPROVE THE MODIFICATION OF PREMISES CARRIED.
ITEM 8. GENERAL BUSINESS
(A) Discussion on public class liquor licenses as private clubs.
Deputy City Attorney Kennebeck asked that this discussion be postponed to the next hearing to allow staff more discussion time.
Chairman Taake said the Authority could discuss this issue at its next meeting.
ITEM 9. ADJOURNMENT
There being no further business to come before the Authority, Chairman Taake adjourned the meeting at 8:00 p.m.
Laura Bock, Liquor Licensing Clerk
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