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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. APPROVAL OF MINUTES
Regular Meeting January 9, 2003
Regular Meeting January 23, 2003
Regular Meeting February 13, 2003
Regular Meeting February 27, 2003
Mr. Wisneski moved to approve the minutes of the regular meetings of the Lakewood
Liquor and Fermented Malt Beverage Licensing Authority of January 9, 2003, January
23, 2003, February 13, 2003, and February 27, 2003, as submitted. The motion
was seconded and with those present voting Aye, THE MOTION TO APPROVE THE MINUTES
WAS APPROVED.
ITEM 4. SHOW CAUSE HEARING
Hotel & Restaurant License
Landry's Seafood House, Inc., dba Simms Landing
11911 W. 6th Ave.
Deputy City Attorney Paul Kennebeck explained to the Authority that the City Clerk's Office had initiated a complaint against this licensee based on the fact that they were unable to get the licensee to register its manager as required by both State statute and local ordinance. Mr. Kennebeck said he has spoken with a representative of Landry's Seafood House, who is at the hearing tonight, and they will admit to the violation.
Alan Yard, 1830 Clear Creak Dr., Georgetown, appeared before the Authority and was sworn in. He stated that the licensee will stipulate to the offense.
Ms. Stevens moved to accept the stipulation between the Deputy City Attorney and Landry's Seafood House, Inc., dba Simms Landing. It was seconded and with those present voting Aye, THE MOTION TO ACCEPT THE STIPULATION CARRIED.
Mr. Yard testified that a manager was brought up from Houston, Texas to operate the restaurant and he was promoted to Regional Manager. Since the gentleman brought up from Texas, was acting in the capacity of Interim General Manager and related to the boss, he was not pushed about getting registered. Mr. Yard also explained that his office is located in Simms Landing and he has been the registered manager there for quite some time. He also stated that the Interim General Manager had led him to believe that he had registered with the City. This gentleman has since been terminated.
Chairman Taake closed the public testimony.
After discussion amongst the Authority Members, Mr. Wisneski moved to dismiss the complaint against Landry's Seafood House, Inc., dba Simms Landing. The motion was seconded and with those present voting Aye, THE MOTION TO DISMISS CARRIED.
ITEM 5. SHOW CAUSE HEARING
3.2% Off Premise Fermented Malt Beverage License
Safeway Store Forty Five Inc., dba Safeway #2342
11088 W. Jewell Ave.
Deputy City Attorney Paul Kennebeck explained to the Authority that this matter was before them as the result of a complaint that was issued for an alleged violation arising out of a compliance check. The complaint was issued for the sale of alcohol to a minor on December 12, 2002. This is a first offense for this licensee and the City understands that the licensee will admit to the violation.
Stephen Lee, registration #10969, appeared on behalf of the licensee.
Earl Townsend, 16004 Stone Briar Dr., Parker, appeared before the Authority and was sworn in.
Mr. Lee said his client would admit to the violation.
Mr. Monsoor moved to accept the stipulation between the Deputy City Attorney and Safeway Store Forty Five Inc., dba Safeway #2342, 11088 W. Jewell Ave. The motion was seconded and with those present voting Aye, THE MOTION TO ACCEPT THE STIPULATION CARRIED.
Mr. Lee testified that the employee in question did ask the two cadets for identification. The cadets stated they didn't have their identification with them. The employee violated Safeway's policy by selling the beer anyway. Because of having union employees, Safeway did not terminate the employee immediately. The employee was given a two-week unpaid leave of absence.
Mr. Townsend testified that the employee in question had just been promoted to Cashier two weeks prior to this incident. He had gone through all of Safeway's training programs and knew immediately he had made an error in selling the beer. The employee felt intimidated by the cadets.
The public testimony portion of the hearing was closed.
Mr. Wisneski moved that the following penalty be imposed: a suspension of 10 days with five days held in abeyance for one year commencing March 14, 2003. The balance of the suspension is to begin at 5:00 a.m. on March 14, 2003, and end at 5:00 a.m March 19, 2003. The motion was seconded and with those present voting Aye, THE MOTION TO ACCEPT THE PENALTY CARRIED.
Mr. Lee petitioned the Authority on behalf of the licensee to pay a fine in lieu of the five-day suspension.
Ms. Hansson moved that the Authority allow Safeway Store Forty Five, Inc., dba Safeway Store #2342 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 6. NEW APPLICATION
Hotel & Restaurant License
Yanna's Café, Inc., dba Yanna's Cafe
205 S. Sheridan Blvd.
Deputy City Attorney Kennebeck stated that he had reviewed the application and all of the documents appeared to be in order.
Ioanna Andrianakos, 401 Washington St., appeared before the Authority and was sworn in. She explained to the Authority that she and her husband have had liquor-licensed establishments in the past and are very knowledgeable in liquor law. Ms. Andrianakos gave a brief explanation of the petitions she submitted to satisfy the "needs and desires" portion of the application.
Kenneth Depoyster, 1550 Ames St., appeared before the Authority and was sworn in. He testified that he lives in the neighborhood and feels there is a need and desire for a liquor license at this establishment.
Mr. Monsoor moved that the application for a hotel & restaurant liquor license for Yanna's Café, Inc., dba Yanna's Café, 205 S. Sheridan Blvd. be approved. The motion was seconded and with those present voting Aye, THE MOTION TO APPROVE THE LICENSE CARRIED.
ITEM 7. GENERAL BUSINESS
There was a brief discussion regarding a public class of license being used
for a private club. City staff has had an inquiry about this type of liquor
license. The Authority instructed Deputy City Attorney Kennebeck to draft a
motion disallowing this type of license in the City of Lakewood.
ITEM 8. ADJOURNMENT
There being no further business to come before the Authority, Chairman Taake
adjourned the meeting at 8:10 p.m.
Laura Bock, Liquor Licensing Clerk
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