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Regular Meeting of the Lakewood Liquor and Fermented Malt Beverage Licensing Authority was held on this date in Division B, Lakewood Municipal Court, Public Safety Center.
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
Mark Wolfe
Also present: Paul Kennebeck, Deputy City Attorney
Gordon Williams, Attorney at Law
Full and timely notice of this meeting had been given and a quorum was present.
ITEM 3. APPROVAL OF MINUTES
Regular Meeting April 24, 2003
Regular Meeting May 8, 2003
Regular Meeting May 22, 2003
Mr. Wisneski moved to approve the minutes of the regular meetings of the Lakewood Liquor and Fermented Malt Beverage Licensing Authority of April 24, 2003, May 8, 2003, and May 22, 2003, as submitted. The motion was seconded and with those present voting Aye, THE MOTION TO APPROVE THE MINUTES CARRIED.
ITEM 4. NEW APPLICTAION
Retail Liquor Store License
Champions Liquor, Inc., dba Champions Liquor
6111 W. Colfax Ave.
Deputy City Attorney Paul Kennebeck stated the City had reviewed the application and the Police Department found no moral issues of concern regarding this applicant.
Adam Stapen, registration #27506, appeared on behalf of the applicant.
Se Hyon Cho, 7015 S. Parfet St., Littleton, corporate officer, appeared before the Authority and was sworn in.
Mike Kupecz, registration #6393, appeared on behalf of a group of people opposing the issuance of this license.
Naomi Martinez, 1641 Ingalls, appeared before the Authority and was sworn in. She testified that she is a resident of the neighborhood, is over the age of 21, and consumed alcohol on occasion. She testified that she desired the issuance of this license and that having a new store in the area would be convenient for her.
Yong Chun Kim, 5200 W. Colfax Ave., appeared before the Authority and was sworn in. He testified that he is the owner of a neighborhood laundromat, over the age of 21, and consumes alcohol on occasion. Mr. Kim was in favor of the issuance of this license because he didn't feel the other liquor stores provide the type of wine he likes.
In response to questions from Attorney Kupecz, Mr. Kim said he was a fellow countryman of the applicant. The applicant asked him to come and testify before the Authority on his behalf. He also stated that he didn't like going to the other liquor stores because of the drunks hanging around the stores.
Attorney Stapen stated his office hired Oedipus, Inc., to survey the neighborhood after being informed by the City, that the original petitioning company hired to perform the survey submitted fraudulent petitions. The Lakewood Police Department determined in their investigation, that only the business petitions were fraudulent and not the residential petitions. The residential petitions showed that 77% of the neighborhood favored the issuance of the license. Mr. Stapen asked the Authority to not apply guilt by association in that his client, the applicant, was not a party to the fraudulent petitioning.
Max Scott, 1216 Tipperare St., Boulder, appeared before the Authority and was sworn in. Mr. Scott testified that his company was hired to conduct another survey of the neighborhood after the first company submitted fraudulent petitions. He explained how his company conducted the survey. He also explained the resulting data and that it showed that 78% of the neighborhood favored the issuance of this license.
Attorney Kupecz cross-examined Mr. Scott as to the results of the survey. He asked if Mr. Scott's petitioners showed the neighborhood residents the location of other liquor stores in the neighborhood.
Mr. Scott stated that the City does not require petitioners to show the locations of other stores in the neighborhood.
Mr. Cho testified that for the past eight years he has owned and operated a dry cleaning business in Lakewood. During that time, he's had no disturbances involving the Police Department. He has lived in Denver since 1971 and served in the Unites States Army. During his enlistment, he served as a club manager and has extensive experience in the sale and service of alcohol. Mr. Cho explained to the Authority that he was purchasing the property and building and laid out his plans for remodel. He continued to explain that he has attended the City's Alcohol Awareness Program and intends to send all employees to the class as well.
In response to questions from Attorney Kupecz, Mr. Cho stated that he had visited the other liquor stores in the neighborhood and felt that his inventory would be different than the others. He also reiterated his remodeling plans.
Rex Reagan, 138 S. Frasier Circle, appeared before the Authority and was sworn in. He testified that he is a real estate agent and was the co-listing broker on this property. He stated that there is an existing binding contract between the applicant and seller but it is contingent on the applicant obtaining a liquor license.
Attorney Kupecz asked that those people in the audience who were opposed to this license being granted to stand. In response, 13 people stood up.
Steve Steele, 1600 Pierce St., appeared before the Authority and was sworn
in.
Mr. Steele testified that he is the President of Rocky Mountain College of Arts
and Design located at the address provided. He is over 21 and consumes alcohol
on occasion. He didn't feel there was a need for another liquor store in the
neighborhood. He was contacted by Roberta Garrett and asked to appear before
the Authority.
Julia Burroughs, 1965 Ingalls St., appeared before the Authority and was sworn in. She testified that she is over 21, a resident of the neighborhood, and consumes alcohol on occasion. She stated that her needs are met by two of the existing liquor stores in the neighborhood.
Susan McConnell, 895 Benton St., appeared before the Authority and was sworn in. She testified that she was appearing on behalf of members of the Two Creeks Neighborhood Organization who reside within the neighborhood boundaries. She stated that she is over 21, and consumes alcohol on occasion. She said the organization feels that the liquor stores currently in business in the neighborhood serve their needs. She said that Robert Garrett notified the Two Creeks Neighborhood Board Members about the new liquor store application.
Tsehaye Berhe, 6569 W. Colfax Ave., appeared before the Authority and was sworn in. He testified that he is the owner of an existing liquor store outlet in the neighborhood. He placed his own petitions on his counter and submitted those for consideration by the Authority. He stated that he is opposed to the issuance of the proposed liquor store license.
James Janek, 1691 S. Arbutus Pl., appeared before the Authority and was sworn in. He testified that he is an owner of an existing liquor store outlet in the neighborhood. He stated that he cashs day labor checks used to purchase alcohol in his store. He feels he is meeting the needs of the community and is opposed to the issuance of the proposed liquor store license.
Roberta Garrett, 1570 Ingalls St., appeared before the Authority and was sworn in. She testified that she is over 21, a resident of the neighborhood, and consumes alcohol on occasion. She stated that the neighborhood neither needs nor desires another retail liquor store outlet. She said she has had conversation with Sergeant Les Williams about the increase in crime that another liquor store outlet would bring to the area. With the increased crime would come the need for increased law enforcement. She hired Attorney Mike Kupecz but was not paying his fees. She also circulated petitions in opposition to the license application and would like the Authority to consider them as well as the applicants.
Les Williams, North Section Commander of the Lakewood Police Department, appeared before the Authority and was sworn in. He testified that Ms. Garrett gave an accurate statement of their earlier conversation. He said he intuitively believes that there be an increase in patrol if this license is granted.
Patricia Chrisco, 1538 Ingalls St., appeared before the Authority and was sworn in. She testified that she is over the age of 21, resides in the neighborhood, consumes alcohol on occasion, and opposes the issuance of this license.
Barbara Padgett, 1965 Ingalls St., appeared before the Authority and was sworn in. She testified that she is over the age of 21, resides in the neighborhood, consumes alcohol on occasion, and opposes the issuance of this license.
Carolyn Janak, 1691 S. Arbutus Pl., appeared before the Authority and was sworn in. She testified that she is married to James Janak who operates a liquor store in the neighborhood. She is opposed to the issuance of this license.
Bob Reinhart, 1570 Ingalls St., appeared before the Authority and was sworn in. He testified that he is over the age of 21, resides in the neighborhood, consumes alcohol on occasion, and opposes the issuance of this license.
Bob Fischer, 880 Benton St., appeared before the Authority and was sworn in. He testified that he is over the age of 21, resides in the neighborhood, consumes alcohol on occasion, and opposes the issuance of this license.
Deborah Jones, 7020 W. 13th Ave., appeared before the Authority and was sworn in. She testified that she is over the age of 21, consumes alcohol on occasion, and is the vice-chairwoman of the Two Creeks Neighborhood Organization. She stated that the organization is opposed to the issuance of this license.
Sharon Vincent, 1311 Salisbury St., appeared before the Authority and was sworn
in.
She testified that she is over the age of 21, resides in the neighborhood, consumes
alcohol on occasion, and opposes the issuance of this license.
Michael Mewbourn, 1538 Ingalls St., appeared before the Authority and was sworn
in.
He testified that he is over the age of 21, resides in the neighborhood, consumes
alcohol on occasion, and opposes the issuance of this license.
Attorney Stapen stated that Mr. Cho would be a hands-on owner. He said both sets of petitions submitted on behalf of the applicant came in at 77% of the neighborhood in favor of the issuance of this license. He further stated that the existing crime in the neighborhood has nothing to do with the issuance of a new retail liquor store license application.
Attorney Kupecz stated that the neighborhood is well served by the existing liquor stores in the neighborhood. He believed the petition results were inflated from 66% in favor to 77% in favor. The Authority should not pay attention to the percentages but listen to the citizens instead.
The public testimony was closed and the Authority entered into discussion amongst themselves.
Both Mr. Wolfe and Ms. Stevens felt that the residents were trying to take back their neighborhood and they came very close to proving that the neighborhood did not need nor desire this liquor store. They were also very concerned about the possibility of increased crime as described by Sergeant Williams.
Chairman Taake stated that it was the applicant's job to prove the needs and desires of the neighborhood and the opposition's job to disprove it. He felt that the applicant did just that.
Ms. Hansson stated that she trusted the results of the petitions submitted by Oedipus and that 66% favoring the license proved that the neighborhood did both need and desire this license.
Mr. Wisneski moved that the application for a retail liquor store license for Champions Liquor, Inc., dba Champions Liquor, 6111 W. Colfax Ave., be approved. The motion was seconded. Vote: Three Ayes, Two Nayes (Stevens and Wolfe). THE MOTION TO APPROVE THE APPLICATION CARRIED.
ITEM 5. NEW APPLICTAION
Hotel & Restaurant License
Garner & Garner, Inc., dba Genghis Grill
14500 W. Colfax Ave.
Deputy City Attorney Paul Kennebeck stated that the City had reviewed the application and all documents appear to be in order.
Lenny Garner, 2816 Orchard Ave., Grand Junction, appeared before the Authority and was sworn in.
Brenda Garner, 2816 Orchard Ave., Grand Junction, appeared before the Authority and was sworn in.
Bob D'Antonio, 119 S. Washington Ave., appeared before the Authority and was sworn in.
Mr. D'Antonio testified that was to be the General Manager of this new restaurant and had conducted the survey of the neighborhood.
Ms. Garner testified that she is an officer of the corporation and has already attended the City's alcohol class. She explained the restaurant's concept.
No one appeared to testify in opposition to the issuance of the license and the public testimony was closed.
After a brief discussion among the Authority members, Mr. Wolfe moved that the application for a hotel & restaurant license for Garner & Garner, Inc., dba Genghis Grill, 14500 W. Colfax Ave., be approved. The motion was seconded and with those present voting Aye, THE MOTION TO APPROVE THE APPLICATION CARRIED.
ITEM 6. GENERAL BUSINESS
Deputy City Attorney Paul Kennebeck stated that under General Business on the
May 22, 2003, Liquor Authority Meeting, the City had asked the Authority to
issue a complaint against Surges, Inc., dba Surges Bar & Grill, 11475 W.
Colfax Ave. This corporation is operating a hotel & restaurant license on
a temporary permit and one of the officers has had several DUI charges including
one as recent as April 4, 2003.
The latest one was received after he left the establishment. After the complaint was issued the other officer said she would remove the officer that the police were concerned with. The City is willing to extend the temporary permit in order to give the corporation time to change its structure and remove the problem officer. If they don't follow through, before the extension ends, no license will be granted.
Chairman Taake stated that the Authority agreed with the City's position.
ITEM 7. ADJOURNMENT
There being no further business to come before the Authority, Chairman Taake adjourned the meeting at 10:55 p.m.
Laura Bock, Liquor Licensing Clerk
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