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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
Stan Wisneski
Mark Wolfe
Absent: Lorri Stevens
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. APPROVAL OF MINUTES
Special Meeting May 29, 2003
Chairman Taake stated that because Ms. Stevens was not present tonight and
Mr. Wolfe was not on the Authority at the special meeting, the approval of minutes
would be done at the next meeting of the Liquor Authority.
ITEM 4. SHOW CAUSE HEARING
Tavern License
La Mansion, Inc., dba La Mansion
6166 W. Alameda Ave.
Deputy City Attorney Paul Kennebeck stated the basis for this complaint is the sale of alcohol after 2:00 a.m., which violates C.R.S. 12-47-901, Unlawful Acts and Department of Revenue Regulations 47-910, Consumption Prohibited. The licensee, through their attorney Robert Dill, will stipulate to the violation.
Robert Dill, registration #5725, appeared before the Authority on behalf of the licensee. He said this was the licensee's first offense and the persons responsible for the violation have already been to court, paid a fine, and been placed on probation. He further stated that the licensee will stipulate to the violation and would request that their sanction be no more than what the Authority normally hands down for a first-time violation.
Mr. Wisneski moved to accept the stipulation between the Deputy City Attorney and La Mansion, Inc., dba La Mansion, 6166 W. Alameda Ave. The motion was seconded and with those present voting Aye, THE MOTION TO ACCEPT THE STIPULATION CARRIED.
Mr. Wisneski moved that the following penalty be imposed: a suspension of 10
days with five days held in abeyance for one year commencing July 25, 2003.
The balance of the suspension is to begin at 7:00 a.m. on July 25, 2003, and
end at 7:00 a.m.
July 30, 2003. The motion was seconded and with those present voting Aye, THE
MOTION TO ACCEPT THE PENALTY CARRIED.
Mr. Dill requested that the licensee be allowed to pay a fine in lieu of five days suspension.
Mr. Wolfe moved that the Authority allow La Mansion, Inc., dba La Mansion 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 5. NEW APPLICTAION
Retail Liquor Store License
Jason Murphy, Inc., dba Alameda Liquor, Inc.
319 S. Sheridan Blvd.
Walter Gerash, registration #2373, appeared on behalf of the applicant.
Deputy City Attorney Paul Kennebeck stated that he has questions about certain issues for the applicant to address when he testifies later on. He stated that it's the applicant's burden to go forward and describe his concept and prove the neighborhood's needs and desires.
Jason Murphy, 51 S. Zinnia Wy., Lakewood, CO 80226, appeared before the Authority and was sworn in. He testified that he currently owns and operates a commercial janitorial company and is a part-time student at a Denver law school. He said he secured the property at 319 S. Sheridan Boulevard approximately eight months ago but the building has been vacant for several years. It would take him approximately three to four weeks to renovate the building in order for it to be suitable for a liquor store.
Mr. Murphy testified that he is a lifelong resident of the community and knows that it is predominantly Hispanic. Other retail liquor stores in the neighborhood are not currently meeting the Hispanic communities needs because of language barriers. Mr. Murphy plans to employ Hispanic sales clerks. Responses to his petitioning showed that demographically the area would be supportive of a liquor store offering a more diversified range of products.
In response to questions from Mr. Kennebeck, Mr. Murphy stated that he submitted five sets of petitions. Mr. Kennebeck presented the first set of petitions and asked that they be entered into evidence as City Exhibit #1.
Mr. Murphy disputed that City Exhibit #1 was the first set of petitions submitted because he didn't remember the sequence in which he submitted his petitions. He noted that Liquor Inspector, Lenora Moore found these petitions to be incomplete and/or illegible but said his friend, Betty Gallegos, circulated them and was not present to testify.
Mr. Gerash objected to Mr. Kennebeck's questions regarding City Exhibit #1 because the applicant was not using these petitions since they were determined to be invalid. He further questioned their relevance.
Mr. Kennebeck entered the Survey Summary for the first set of petitions as City Exhibit #2. Mr. Murphy stated that he provided the analysis of the petitions and signed it as well.
Mr. Kennebeck entered a signed Affidavit that accompanied the first set of petitions as City Exhibit #3. Mr. Murphy testified that he signed the Affidavit declaring the honesty of the petitions but did not collect the signatures on the petitions. After the City rejected the first set of petitions, he waited for contact by the Lakewood Police because the petitions had been referred to them for investigation.
Mr. Kennebeck entered a second set of petitions as City Exhibit #4. Mr. Murphy testified that Beatriz Betancur circulated these petitions and signed the accompanying Affidavit and he didn't feel the need to review them prior to submitting them to the City.
Mr. Murphy testified that he submitted additional petitions as late as this evening to further demonstrate the indefinable concept of community needs and desires.
In regards to the application and questions from Mr. Kennebeck, Mr. Murphy stated that he and his mother are shareholders of the corporation applying for the liquor license, even though his application states that he is the 100% shareholder. He had someone else establish the corporation and couldn't say exactly how it was set up.
Berkley Rasband, registration #6445, appeared before the Authority on behalf of the liquor stores currently operating in the neighborhood. Mr. Rasband entered some pictures as Opposition's Exhibit #1. He then questioned Mr. Murphy about these pictures that showed a trash receptacle blocking the public's view of the posting notifying the public of tonight's hearing.
Mr. Gerash objected to the pictures being submitted into evidence because of no foundation for the pictures being laid.
Mr. Rasband stated that the person who took the pictures could testify as to when they were taken and was allowed to proceed by Chairman Taake.
Mr. Rasband entered the applicant's Certificate of Trade Name as Opposition's Exhibit #2 and questioned the applicant regarding the trade name being similar to another liquor store in the immediate neighborhood. Mr. Murphy testified that a business consultant filed the corporate and trade name documents and he was unaware of the similarity.
In response to questions from Authority members, Mr. Murphy answered that his
mother, Donna Murphy, would be assisting with the books, records, and overall
operation of the liquor store but would not be part owner of the business. He
also testified that he couldn't remember the details regarding a criminal case
he was a party to in Nevada.
Donna C. Murphy, 5936 S. Willow Wy., Greenwood Village, CO 80111, appeared before
the Authority and was sworn in. She testified that she is the co-applicant for
this liquor store but her primary function will be as the bookkeeper.
In response to questions from Mr. Kennebeck, Ms. Murphy answered that she didn't own any stock in the corporation because the certificates weren't set up yet. She also testified that she was not aware of how the lease was set up.
Charles Angeletti, 825 Teller St., Lakewood, CO 80214, appeared before the
Authority and was sworn in. Mr. Angeletti testified that he is a Professor of
History at Metro State College and knows Jason Murphy personally. He testified
that academically,
Mr. Murphy has an honest and straightforward reputation.
Mr. Gerash entered a letter of reference from Mr. Angeletti as Applicant's Exhibit #1.
Eddy Miller, 21070 39th Ave., Denver, CO, appeared before the Authority and was sworn in. He testified that he circulated petitions for the applicant because he is Spanish speaking and a majority of the residents in the designated neighborhood are Spanish speaking. He said he received a lot of positive comments from the residents about there being a liquor store in the neighborhood with Spanish speaking employees. Mr. Miller admitted to not printing his name on the Affidavit that he signed.
Ana Miller, 4485 Denver Pkwy., appeared before the Authority and was sworn in. She testified that she circulated petitions in the designated neighborhood. Ms. Miller stated that she did not print her name on the Affidavit she signed.
Alda Miller, 3135 W. Gill Pl., appeared before the Authority and was sworn in. She testified that she circulated petitions in the designated neighborhood but failed to print her name on the Affidavit she signed.
Mr. Kennebeck noted that three different people testified to collecting the same set of petitions in which only two accompanying Affidavits were submitted.
Marlene Biangui, 733 S. Clinton Ct., appeared before the Authority and was sworn in. She testified that she is the manager of Ole Che's Restaurant and feels there is a need for this license to be granted.
At 9:30 p.m. Chairman Taake called a recess and reconvened the meeting at 9:35 p.m.
Mr. Gerash moved to withdraw the application in light of the fact his client was not given adequate notice. They also feel he was prejudiced by a finding that in all probability, his petition would be denied. Mr. Gerash continued to say that his client would like to refile his application on another date when his client could receive more professional and technical help.
Deputy City Attorney Kennebeck stated he had no objection to Mr. Gerash's motion.
Attorney Rasband stated that on behalf of his clients he would object to withdrawal of the application. His objection is based on the fact that many people in opposition have appeared at both hearings ready to testify and asking them to come back when the applicant wishes to apply again is an imposition. The opposition also filed petitions and questioned whether or not they would have to petition once again if a new application is accepted.
After a brief discussion amongst Authority members, Mr. Wolfe moved to deny the motion to withdraw the application and move forward with the proceeding. The motion was seconded and with those present voting Aye, THE MOTION TO DENY THE WITHDRAWAL OF THE APPLICATION AND MOVE FORWARD CARRIED.
Chairman Taake explained that since the applicant completed his presentation and the City did not have a chance to rebut, the hearing must proceed to its conclusion.
Mr. Gerash felt his client's due process has been violated by not allowing him to withdraw his applicant especially after prejudicial remarks were made about the petitions being denied. Mr. Gerash stated that the applicant was not going to cross-examine and he was leaving.
Lenora Moore, Liquor Inspector for the City of Lakewood, appeared before the Authority and was sworn in. She testified that it is part of her job duties to review petitions submitted by liquor applicants. She stated that she reviewed the second set of petitions and they did not have an accompanying Affidavit. Upon close examination of the petitions, she felt the need to go out into the field and verify the signatures line-by-line. During her investigation she noted nonexistent addresses and people.
Reverend Refugio Cancino, 9705 E. 112th Pl., appeared before the Authority and was sworn in. He testified that he is the pastor of a church in the neighborhood and doesn't believe another liquor store in the area is needed. He stated that he does not consume alcohol.
Viet Pham, 6241 W. Alameda Ave., appeared before the Authority and was sworn in. He testified that he owns a liquor store in the neighborhood and would lose business if this store were allowed to open.
David Bashans, 171 S. Eaton St., appeared before the Authority and was sworn in. He testified that he lives in the neighborhood and doesn't feel the need for another store.
Kim Nguyen, 145 S. Sheridan Blvd., appeared before the Authority and was sworn in. He testified that he works for his son who owns a liquor store in the neighborhood and was the person who took the photographs mentioned earlier. He testified to the date he took the pictures.
Gundo Park, 757 S. Duquesne Ct., Aurora, CO 80016, appeared before the Authority and was sworn in. He testified that he owns a liquor store in the neighborhood and feels there are too many stores already.
In closing statements, Mr. Murphy stated that he made the application in good faith but did make mistakes along the way. He will be a responsible business owner and feels that competition benefits all.
In closing statements, Mr. Kennebeck stated that a good portion of this application has credibility issues. The applicant has stated that he was not responsible for procedural errors in his application and the City is concerned that he will not be a responsible liquor store owner. The petitions submitted by the applicant are unbelievable and the credibility issues with these petitions fails to satisfy the needs and desires of the neighborhood.
In closing statements, Mr. Rasband stated that he concurred with the Deputy City Attorney. The petitions submitted by the applicant are deceptive and possibly fraudulent and the Affidavits submitted with the petitions are fraudulent.
The public testimony was closed.
The Authority discussed this application amongst themselves and there was a general consensus that were credibility issues and that the needs and desires of the neighborhood were not met.
Ms. Hansson moved to continue the hearing to a date certain of August 14, 2003, in order for their attorney to prepare findings and conclusions. The motion was seconded and with those present voting Aye, THE MOTION TO CONTINUE THE HEARING CARRIED.
ITEM 6. NEW APPLICTAION
Hotel & Restaurant License
Yardhouse Denver, L.L.C., dba Yardhouse
14500 W. Colfax Ave. #R1
Deputy City Attorney stated that he had reviewed the application and all the paperwork appeared to be in order.
Scott Duffner, 1342 Bell Ave., Tustin, CA 92780, appeared before the Authority on behalf of the applicant and was sworn in. He testified that the petitions showed 160 residents and business owners favored the issuance of the application.
Steve Bauer, 13119 Pennsylvania Cr., appeared before the Authority and was sworn in. He testified that he is the General Manager of the restaurant. He stated that all the employees have already attended the City's Alcohol Awareness Training Program and he would continue to send new employees to class as well.
Public testimony was closed.
Mr. Wolfe moved that the application for a Hotel & Restaurant Liquor License for Yardhouse Denver, L.L.C. d/b/a Yardhouse, 14500 W. Colfax Ave. #R1, be approved. The motion was seconded and with those present voting aye, THE MOTION TO APPROVE THE APPLICATION CARRIED
ITEM 7. NEW APPLICTAION
Retail Liquor Store License
T Behre, L.L.C., dba Sunrise Liquor
9151 W. Colfax Ave.
Deputy City Attorney stated that he had reviewed the file and all the paperwork appeared to be in order.
Alan Dill, registration #872, appeared on behalf of the applicant.
Tina Scott, 1216 Tipperare St., appeared before the Authority and was sworn in. She testified that she works for Oedipus, Inc., the company who performed the petition. Ms. Scott gave a brief explanation of how the survey was performed and the results of that survey.
Tsige Behre, 4087 E. Maplewood Pl., Centennial, CO 80120, appeared before the Authority and was sworn in. She testified that she has had previous liquor experience and attended the City's Alcohol Awareness Training Program.
Public testimony was closed.
Mr. Wisneski moved that the application for a Retail Liquor Store License for T Behre, L.L.C. d/b/a Sunrise Liquor, 9151 W. Colfax Ave. be approved. The motion was seconded and with those present voting aye, THE MOTION TO APPROVE THE APPLICATION CARRIED
ITEM 8. GENERAL BUSINESS
There was no general business.
ITEM 9. ADJOURNMENT
There being no further business to come before the Authority, Chairman Taake adjourned the meeting at 11:15 p.m.
Laura Bock, Liquor Licensing Clerk
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