|
|
|
 |
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
Lorri Stevens
Stan Wisneski
Mark Wolfe (arrived 7:15 p.m.)
Also present: Paul Kennebeck, Deputy City Attorney
Full and timely notice of this meeting had been given and a quorum was present.
ITEM 3. APPROVAL OF MINUTES
Regular Meeting May 29, 2003
Regular Meeting June 5, 2003
Mr. Wisneski moved to approve the minutes of the regular meetings of the Lakewood Liquor and Fermented Malt Beverage Licensing Authority of May 29, 2003, and June 5, 2003, as submitted. The motion was seconded and with those present voting Aye, THE MOTION TO APPROVE THE MINUTES CARRIED.
ITEM 4. NEW APPLICATION
Hotel & Restaurant License
Francisco Silva, d/b/a Las Cazuelas
6757 W. Mississippi Ave.
Deputy City Attorney Paul Kennebeck stated that he had reviewed the application and all the paperwork appeared to be in order. The applicant is currently operating a restaurant without a liquor license and would like to start serving alcohol.
Francisco Silva, 6757 W. Mississippi Ave., appeared before the Authority and was sworn in. He stated that he is the owner of Las Cazuelas Restaurant and has been in the neighborhood for over 30 years. He circulated the petitions and explained to the neighbors that he was trying to add alcohol service to his business.
Mr. Wisneski moved that the application for a hotel & restaurant license for Francisco Silva, d/b/a Las Cazuelas, 6757 W. Mississippi Ave., be approved. The motion was seconded and with those present voting Aye, THE MOTION TO APPROVE THE APPLICATION CARRIED.
ITEM 5. NEW APPLICATION
Retail Liquor Store License
U Save Liquors, L.L.C., d/b/a U Save Liquors
30 S. Kipling Blvd. Unit F
Deputy City Attorney Paul Kennebeck stated that he had reviewed the application and all documents appear to be in order.
Brooks Hayes, 7542 S. Carr Ct., Littleton, CO 80128, appeared before the Authority and was sworn in. He testified that he would be the owner of the liquor store. There is a shopping center with a newly vacated space that he would like to put the liquor store in. His partner would be the primary person working the store in addition to employees that they will be hiring.
In response to questions from the Authority regarding their petitions, Mr. Hayes stated that he only surveyed two streets because he felt those residents would be the ones most affected.
Michael Vester, 11330 W. Virginia Ave., Lakewood, CO 80226, appeared before the Authority and was sworn in. He testified that he owns a video store in the same center and doesn't have a problem with the liquor store opening up there.
Ms. Stevens moved that the application for a retail liquor store license for U Save Liquors, L.L.C., d/b/a U Save Liquors, 30 S. Kipling Blvd. Unit F, be approved. The motion was seconded and with those present voting Aye, THE MOTION TO APPROVE THE APPLICATION CARRIED.
ITEM 6. NEW APPLICATION
3.2 % Off Premise Fermented Malt Beverage License
Metro Oil Company, Inc., d/b/a Diamond Shamrock #4122
715 Wadsworth Blvd.
Deputy City Attorney Paul Kennebeck stated that he had reviewed the application and all documents appear to be in order.
Jon Stonbraker, registration #9517, appeared before the Authority on behalf of the applicant and was sworn in.
Max Scott, 1216 Tipperare St., appeared before the Authority and was sworn in. He testified that he is the owner of Oedipus, Inc., who conducted the survey of the needs and desires of the neighborhood. He explained his company's procedures for conducting surveys and provided the Authority with details regarding the results of the survey.
Claire Scavello, 16859 Weld County Rd., appeared before the Authority and was sworn in. She testified that she is the area manager for Metro Oil Company and gave a brief explanation of the Diamond Shamrock operations. She explained the company's policies on the sale of alcohol.
Mr. Wisneski moved that the application for a 3.2% off premise fermented malt beverage license for Metro Oil Company, Inc., d/b/a Diamond Shamrock #4122, 715 Wadsworth Blvd., be approved. The motion was seconded and with those present voting Aye, THE MOTION TO APPROVE THE APPLICATION CARRIED.
ITEM 7. FINDINGS OF FACT AND CONCLUSIONS
Retail Liquor Store License
Jason Murphy, Inc., d/b/a Alameda Liquor, Inc.
319 S. Sheridan Blvd.
Mr. Wolfe read the following Findings of Facts and Conclusions into the record:
In the matter of the application of Jason Murphy, Inc., d/b/a Alameda Liquor, Inc., findings and conclusions. This matter came before the Lakewood Liquor and Fermented Malt Beverage Licensing Authority on July 24, 2003, for public hearing upon an application for a retail liquor license for premises at 319 South Sheridan Boulevard, Lakewood, Colorado. The Authority has heard the testimony and received the evidence and heard the arguments of counsel for the Applicant, City and opponents hereby finds and concludes as follows:
I. Findings: The Authority finds that:
1. The proposed premises are at 319 South Sheridan Boulevard in the City of Lakewood, therefore the Authority has jurisdiction over the application.
2. This application initially came before the Authority for Public Hearing on May 22, 2003, and was continued upon request of the City, with the concurrence of Jason Murphy, Inc., the Applicant, based upon concerns regarding the Applican'ts petitions and truthfulness of the accompanying Affidavits.
3. The Applicant submitted additional petitions to the Authority before the July 24, 2003, hearing and, after questions were raised again about irregularities with these petitions, the Applicant submitted additional petitions at about 4:40 p.m. on the evening of the hearing.
4. There are four other retail liquor stores in the established neighborhood, three of which are within one to three blocks of the Applicant's premises.
5. A retail liquor store within a few blocks of the Applicant's premises is named "Alameda Liquors" while the Applicant has adopted a trade name of "Alameda Liquor, Inc." No evidence was presented regarding possible confusion from this similarity.
6. Those opposing the license were primarily owners or managers of other retail liquor stores within the neighborhood whose testimony supports a finding that the reasonable requirements of the neighborhood were currently being met, including those requirements of the Hispanic community.
7. The Applicant's argument that it would cater to the special needs of the Hispanic community was unsupported by any competent evidence from the Hispanic residents of the neighborhood that their needs were not being met.
8. The Authority finds that the testimony of a local Pastor that the reasonable requirements of the neighborhood were met, or more than met, should be given little weight given that the Pastor did not purchase or use alcoholic beverages and, further, it is not clear that he is a party in interest in these proceedings.
9. The opponents' petitions submitted in opposition to the license also contain numerous signatures of individuals not residents of the neighborhood or owners, or managers of businesses within the neighborhood and the weight given these petitions by the Authority, must reflect these facts.
10. In weighing the credibility of the petitions submitted by the Applicant the Authority finds that one of the forms had been partially completed showing favorable response for the Applicant before any signatures had been obtained, a matter of serious concern.
11. In weighing the credibility of the petitions submitted by the Applicant the Authority also finds substantial evidence of misrepresentation in the facts that the addresses of many signers do not exist and, in one instance, supposed petition signers advised the City Investigator that they had not been contacted nor signed the petitions.
12. The Authority also finds that, with respect to one or more of the Applicant's petitions, all of the information, including the age, date of signatures, and reason for support, appear even to a lay person, to have been completed by the same person.
II. Conclusions
1. The Applicant has failed to establish a prima facie case for approval by credible, competent evidence that the reasonable requirements of the neighborhood for the class of license applied for were not currently being met and, to the extent that some evidence to support the application may have come before the Authority, it is overcome by the existence of four other similar licenses in the neighborhood to meet the reasonable requirements and some competent, credible evidence that the reasonable requirements are satisfied by existing retail outlets.
Ms. Hansson moved to accept the Findings of Fact and Conclusions in the matter of the application of Jason Murphy, Inc., d/b/a Alameda Liquor, Inc. The motion was seconded and with those present voting Aye, THE MOTION TO ACCEPT THE FINDINGS OF FACT AND CONCLUSIONS CARRIED.
Mr. Wolfe moved to deny the application for the retail liquor store license of Jason Murphy, Inc., d/b/a Alameda Liquor, Inc. The motion was seconded and with those present voting Aye, THE MOTION TO DENY THE APPLICATION CARRIED.
ITEM 8. GENERAL BUSINESS
Attorney Kennebeck stated that the following seven Agenda Items A, B, C, D, E, F, and G are requests to issue Complaints and was brought about by the probable cause that the Police Department witnessed, at seven different locations, the sale of alcohol to a minor. These all occurred on May 22, 2003.
(A) Ms. Hansson moved to hold to a date certain of September 11, 2003, the complaint and order to show cause hearing for Prishika, Inc., d/b/a Giant Discount Liquors, 1000 S. Wadsworth Blvd. The motion was seconded and with those present voting Aye, THE MOTION TO ISSUE A COMPLAINT CARRIED.
(B) Mr. Wisneski moved to hold to a date certain of September 11, 2003, the
complaint and order to show cause hearing for Aster Gebremeskel, d/b/a Reeb
Liquor,
11000 W. Alameda Ave. The motion was seconded and with those present voting
Aye, THE MOTION TO ISSUE A COMPLAINT CARRIED.
(C) Mr. Wolfe moved to hold to a date certain of September 11, 2003, the complaint
and order to show cause hearing for SNK, Inc., d/b/a Alameda Square Liquors
Lakewood, 12792 W. Alameda Ave. The motion was seconded and with those present
voting Aye, THE MOTION TO ISSUE A COMPLAINT CARRIED
(D) Ms. Stevens moved to hold to a date certain of September 11, 2003, the complaint
and order to show cause hearing for Foodbrand Colorado, L.L.C., d/b/a Chili's
Too, 14500 W. Colfax Ave #349. The motion was seconded and with those present
voting Aye, THE MOTION TO ISSUE A COMPLAINT CARRIED.
(E) Ms. Hansson moved to hold to a date certain of September 11, 2003, the complaint
and order to show cause hearing for 7-Eleven, Inc., d/b/a Seven Eleven #17299,
8390 W. 14TH Ave. The motion was seconded and with those present voting Aye,
THE MOTION TO ISSUE A COMPLAINT CARRIED.
(F) Mr. Wisneski moved to hold to a date certain of September 11, 2003, the complaint and order to show cause hearing for 7-Eleven, Inc., d/b/a Seven Eleven #22063, 11599 W. Colfax Ave. The motion was seconded and with those present voting Aye, THE MOTION TO ISSUE A COMPLAINT CARRIED.
(G) Mr. Wolfe moved to hold to a date certain of September 11, 2003, the complaint and order to show cause hearing for 7-Eleven, Inc., d/b/a Seven Eleven #17134, 9200 W. Alameda Ave. The motion was seconded and with those present voting Aye, THE MOTION TO ISSUE A COMPLAINT CARRIED.
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
 |
||
Americans with Disability Act (ADA) Notice |
||
