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A special 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
Lorri Stevens
Stan Wisneski
Also present: Paul Kennebeck, Deputy City Attorney
Richard Miller, Attorney at Law
Full and timely notice of this meeting had been given and a quorum was present.
ITEM 3. MOTIONS HEARING
Hotel & Restaurant License
Hector & Alma Rosa Sanchez, dba Cazadores Mexican Restaurant
1080 S. Wadsworth Blvd.
Thomas Dunn, registration #9395, appeared on behalf of the licensee.
C. Robert Biandino, registration #29579, appeared on behalf of the licensee.
Mr. Dunn said the attorneys have filed a Motion for Discovery in relation to the underlying facts and information that gives rise to the Show Cause and Summary Suspension that is in place. The licensee is requesting to receive the basic information and records that exist in relation to the allegations. Mr. Dunn stated that the defense team has no information as to the facts and witnesses and therefore have no ability to investigate the matter themselves. What is being alleged by the City of Lakewood is that the licensee permitted or authorized the drug transactions, yet not one allegation listed in the complaint involves an employee or a member of the licensed establishment.
Mr. Dunn entered into evidence a letter from the Lakewood Police Department
listing the controlled purchases and significant incidences with regards to
the restaurant.
He further stated the City is depriving the licensee of due process and he is
requesting that the Authority order the City to provide police reports, witness
statements, and transcripts of phone conversations to the defense.
Deputy City Attorney Kennebeck stated that this is an administrative hearing and not a criminal trial. Liquor control is imbued with an especially strong state interest and licensing authorities need maximum leeway in carrying out their policing functions short of violating the constitutional rights of licensees. He further testified that there are no provisions in the liquor code for discovery. The Motion for Discovery submitted by the defense is too broad and should be limited to those items utilized by the City at the hearing. Mr. Kennebeck said his case rests on the oral testimony of two to three officers given under oath. The defense was provided with the tape of the Summary Suspension Hearing and the letter entered into evidence by defense. That should be sufficient discovery for the purposes of showing that the licensee should have been aware of what was occurring in his establishment.
Ms. Stevens moved to hold an executive session for the purpose of receiving legal advice on specific legal questions pursuant to C.R.S. 24-6-402(3)(b). The motion was seconded and with those present voting Aye, THE MOTION TO HOLD AN EXECUTIVE SESSION CARRIED.
Chairman Taake reconvened the meeting and stated that the Authority had reviewed the defenses Motion for Discovery and the City's response and conclude that:
1. The City will provide any written or recorded statements and the substance of any oral statements made by the Licensee, its agents, or employees if it is pertinent to the violations.
2. The City will provide any reports or statements of experts made in connection with this case, including results of scientific tests it has in its possession.
3. The City will provide any books, papers, documents, photographs or tangible objects held as evidence in connection with the case to be utilized at a hearing by the City of Lakewood.
4. The City will provide any record of prior criminal convictions of the Licensee, its agents, or employees, or any persons the City of Lakewood intends to call as a witness at the hearing that it may have.
5. The City will provide transcripts of any electronic surveillance (including wiretaps) of conversations involving the Licensee, its agents or employees, or any witness in the case it intends to use at the hearing.
6. The City will provide the names, addresses, and phone numbers of any witnesses who may be called to testify on behalf of the City of Lakewood in this matter.
7. All other motions requested in the licensee's Motion for Discovery are denied.
ITEM 4. GENERAL BUSINESS
There was no general business.
ITEM 5. ADJOURNMENT
There being no further business to come before the Authority, Chairman Taake adjourned the meeting at 8:50 p.m.
Laura Bock, Liquor Licensing Clerk
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