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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
Larry Muniz
Lorri Stevens
Albert Williams
Stan Wisneski
Mark Wolfe
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
Regular Meeting September 25, 2003
Regular Meeting October 9, 2003
Regular Meeting October 25, 2003
Mr. Wolfe moved to approve the minutes of the regular meeting of September 25,
2003, October 9, 2003, and October 25, 2003, as submitted. The motion was seconded
and with the vote was 6 Ayes, 1 Abstention (Mr. Muniz). THE MOTION TO APPROVE
THE MINUTES CARRIED.
ITEM 4. NEW APPLICATION
Hotel & Restaurant License
Cipriano Rodriguez Bretado
d/b/a Don Jose Mexican Restaurant
1395 S. Sheridan Blvd.
Deputy City Attorney Kennebeck stated that he had reviewed this application and all the paperwork appeared to be in order.
Cipriano Rodriguez, 2043 S. Paceo Wy., appeared before the Authority and was sworn in. He handed Mr. Kennebeck some petitions that he brought with him. He explained to the Authority that he didn't understand that these petitions had to be turned into the City Clerk's office prior to the meeting. He agreed to continuing his application hearing to a later date in order for the City Clerk's Office to review the petitions.
Mr. Wolfe moved to continue the application hearing of Cipriano Rodriguez, d/b/a Don Jose Mexican Restaurant, to a date certain of December 11, 2002. The motion was seconded and with those present voting Aye, THE MOTION TO CONTINUE THE APPLICATION HEARING CARRIED.
ITEM 5. NON-RENEWAL HEARING
3.2% Off Premise Fermented Malt Beverage License
Sunrise International, Inc.
d/b/a Circle S Mini Mart
495 Wadsworth Blvd.
Deputy City Attorney Kennebeck stated that this license has been inactive since issuance in November of 2001. Colorado liquor law allows a local licensing authority to elect not to renew a retail license that has been inactive, without good cause, for at least one year.
Lenora Moore, Liquor Inspector, appeared before the Authority and was sworn in. She testified to conducting four inspections; three in 2002, and one in 2003, and during each inspection could find no alcohol was being stocked nor sold.
Nagib Kikiha, 14051 W. Exposition Dr., Lakewood, appeared before the Authority and was sworn in. He testified that he is the owner of Circle S Mini Mart and has had alcohol products in the store. He stated that he brought pictures and invoices with him and doesn't feel he has broken the law. Mr. Kikiha also said he thought the Authority was being hard on his store because he never received notice that his license would not be renewed if he didn't carry beer.
The pictures and invoices were marked as Licensee's Exhibit #1.
In response to questions from the Authority, Mr. Kikiha stated he only had
the two receipts; one dated January 3, 2002, and one dated October 15, 2003,
and the pictures were taken a few days prior to the hearing. He could not provide
any other receipts. He also stated that the majority of his business comes from
the highway and not the neighborhood and that's why his inventory looks small.
Mr. Kikiha said it was possible that when the Liquor Inspector was in his store,
there wasn't any beer because he was sold out. Since being served the complaint,
he always has beer.
The public testimony was closed.
Attorney Richard Miller provided the Authority with sanction options: deny renewal, grant the renewal conditionally, or grant the renewal with no conditions.
The Authority members discussed the evidence presented as well as the testimony given by both the Liquor Inspector and the licensee. All were concerned by the lack of receipts and lack of stock during each inspection. Mr. Wolfe moved to deny the renewal of the 3.2% Off Premise Fermented Malt Beverage License of Sunrise International, Inc., d/b/a Circle S Mini Mart, 495 Wadsworth Blvd., for good caused based upon the evidence showing that this license has been inactive for a period of two years. The motion was seconded and the vote was 6 Aye, 1 Nay (Muniz). THE MOTION TO DENY THE RENEWAL CARRIED.
ITEM 6. SHOW CAUSE HEARING
Hotel & Restaurant License
White Lodging Services Corp.
7180 W. Hampden Ave.
This matter was continued until February 12, 2004.
ITEM 7. GENERAL BUSINESS
There was no general business.
ITEM 8. 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
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