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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
Stan Wisneski
Mark Wolfe
Absent: Albert Williams
Also present: Paul Kennebeck, Deputy City Attorney
Full and timely notice of this meeting had been given and a quorum was present.
ITEM 3. NEW APPLICATION
Hotel & Restaurant License
Wallaroos Holdings, L.L.C.
d/b/a Wallaroos Fresh Grill
11353 W. Colfax Ave.
Deputy City Attorney Kennebeck stated that he had reviewed this application
and all the paperwork appeared to be in order.
Stephen Oldham, 13701 W. Jewell Ave., #250, Lakewood, appeared before the Authority and was sworn in. He testified that all employees would be trained in the service of alcohol. He also explained the restaurant's concept and management staffing.
Tina Scott, 1216 Tipperare St., Boulder, appeared before the Authority and was sworn in. She stated that she was appearing on behalf of Oedipus, Incorporated; the company hired by the applicant to petition the neighborhood. Ms. Scott explained how the survey was conducted and the results of that survey.
No one appeared in opposition to the application.
Mr. Wolfe moved to approve the hotel & restaurant license application of Wallaroos Holdings, L.L.C., d/b/a Wallaroos Fresh Grill, 11353 W. Colfax Ave. The motion was seconded and with those present voting Aye, THE MOTION TO APPROVE THE APPLICATION 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. He reminded the Authority that this application hearing had been continued from November 13, 2003, because the applicant submitted petitions on that evening and the City had not had time to verify the signatures.
Cipriano Rodriguez, 2043 S. Paseo Wy., appeared before the Authority and was sworn in. He testified that this is an existing family restaurant. He collected signatures by placing the petition on his counter and by going to a few places in the neighborhood. He would like the ability to serve alcohol with meals.
No one appeared in opposition.
Mr. Wisneski moved to approve the hotel & restaurant license application of Cipriano Rodriguez, d/b/a Don Jose Mexican Restaurant, 1395 S. Sheridan Blvd. 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
Tuan H. Lieu, Inc.
d/b/a TL Discount Liquors
2010 Kipling St.
Deputy City Attorney Kennebeck stated that he had reviewed this application and all the paperwork appeared to be in order.
Thomas Kelley, registration #7930, appeared before the Authority on behalf
of the applicant.
Kelly Pietrs, 2792 S. Race St., Denver, appeared before the Authority and was
sworn in. She testified to being the managing member of Esquire Petitioning,
the company hired by the applicant to conduct a neighborhood survey. She explained
her company's procedures for gathering signatures and provided a brief summary
of the results.
Jackie Bylon, 2020 Kipling St., appeared before the Authority and was sworn in. She testified that she is the owner of a business located at 2010 Kipling Street and is in favor of the liquor store license being granted. Ms. Bylon stated that she is over the age of 21, consumes alcohol on occasion, and feels the neighborhood needs this license to be granted.
Sylvia Chan, 2010 Kipling St., appeared before the Authority and was sworn in. She testified that recently purchased the property two months ago and would like to rent this storefront to her brother, the applicant.
Mr. Kennebeck told the Authority that since Ms. Chan was not the landlord who entered into a rental agreement with the applicant at the time he applied, a corrected lease agreement would need to be submitted prior to any licenses being granted. However, it should not affect this proceeding.
Tuan Lieu, 2674 S. Raleigh St., Denver, appeared before the Authority and was sworn in. He testified that he is the applicant and has already attended the Lakewood Alcohol Awareness Training Program. He explained how he will clean up the building before opening for business.
No one appeared in opposition to this application.
Ms. Hansson moved to approve the retail liquor store application of Tuan H. Lieu, Inc., d/b/a TL Discount Liquors, 2010 Kipling St. The motion was seconded and with those present voting Aye, THE MOTION TO APPROVE THE APPLICATION CARRIED.
ITEM 6. NEW APPLICATION
Retail Liquor Store License
Victor Kim
d/b/a Sheridan Fine Wine & Spirits
65 Sheridan Blvd.
Deputy City Attorney Kennebeck stated that he had reviewed this application and all the paperwork appeared to be in order.
Kris Hoeltgen, registration #8321, appeared before the Authority on behalf of the applicant.
Tina Scott, 1216 Tipperare St., Boulder, appeared before the Authority and was sworn in. She stated that she was appearing on behalf of Oedipus, Incorporated; the company hired by the applicant to petition the neighborhood. Ms. Scott explained how the survey was conducted and the results of that survey.
Victor Kim, 2745 W. Greensborough Dr., appeared before the Authority and was sworn in. He testified that he is the applicant and has visited other liquor stores in the neighborhood. He feels that the other stores carry a limited selection of wine and that he will have a designated wine section to better serve the neighborhood. He also stated that because he will have more space he will be able to purchase inventory in volume therefore, offering cheaper prices to customers.
Mr. Kim also testified that he owned and operated a liquor store in Lakewood for eight years and never had a violation. He recently sold the business and wants to open another liquor store in Lakewood. Mr. Kim stated that he has attended Lakewood's Alcohol Awareness Training Program and will send all his employees to the training class as well.
Berkley Rasband, registration #6445, appeared before the Authority on behalf of Alameda Discount Liquors who is opposed to the issuance of this license. He questioned Ms. Scott about the petitions she submitted on behalf of the applicant. He expressed concern that the residents who signed the petitions lived on the outer edges of the given boundaries and not close to the store itself.
Ms. Scott responded that as a matter of procedure, they do a sampling of the neighborhood by starting closest to the location of the proposed license and spread out to the four corners of the boundaries. They do not intentionally leave out anyone because they may or may not be in support of the license.
Mr. Rasband questioned Mr. Kim about the loss of his driver's license and his failure to disclose that information on the state's Individual History Record.
Mr. Kim answered that his license was suspended in California for no insurance. He did not disclose that information on the Individual History Record because the question did not reference traffic violations.
Nick Tarabocchia, 8549 W. 7th Ave., Lakewood, appeared before the Authority and was sworn in. He testified that he owns the property in which the proposed liquor store will be located. He stated that he interviewed several prospective tenants and was very impressed with Mr. Kim.
Mr. Rasband asked Mr. Tarabocchia if he had a financial interest in Mr. Kim getting the liquor license.
Mr. Tarabocchia answered yes.
Ladene Tarabocchia, 8549 W. 7th Ave., Lakewood, appeared before the Authority and was sworn in. She testified that she is the partial owner of the property on which the proposed liquor store will be located.
Jennie Porter, 20 Sheridan Blvd., appeared before the Authority and was sworn in. She testified that she owns a business at 20 Sheridan Blvd.
Ginny Wilder, 353 S. Robb Wy., appeared before the Authority and was sworn in. She testified that she does not work or live in the neighborhood.
Chairman Taake thanked Ms. Wilder for her appearance but explained that she is not considered a party of interest.
Deirdre Bosworth, 5883 Pierce St., #204, Arvada, appeared before the Authority and was sworn in. She testified that she manages a business in the boundaries.
Joel Wilder, 353 S. Robb Wy., Lakewood, appeared before the Authority and was sworn in. He testified that he manages a business in the boundaries.
In response to questions from Attorney Kris Hoeltgen, the remaining witnesses indicated that they support the granting of this license.
Jerry Melisaratos, 4111 S. Zephyr Ct., appeared before the Authority and was sworn in. He testified that his family owns a restaurant right across the street from the proposed liquor store and is in opposition to the license being granted. Mr. Melisaratos stated that he is over the age of 21, consumes alcohol on occasion, and believes that other liquor stores in the area are currently meeting the needs and desires of the neighborhood.
At 9:00 p.m. Chairman Taake called a five-minute recess.
The meeting reconvened at 9:05 p.m.
Debra Bennett, 250 Sheridan Blvd., appeared before the Authority and was sworn in. She testified that she is a long-time resident of the neighborhood and is opposed to this license being granted. She said she was never contacted by the survey company and doesn't need or desire another liquor store.
Donna Saul, 20 Ames St, appeared before the Authority and was sworn in. She testified that she lives directly behind the proposed location and is in opposition to this license being granted. She stated that she is over the age of 21, occasionally consumes alcohol, and doesn't need or desire another liquor store in her neighborhood. She also expressed her concerns over increased pedestrian traffic and litter.
Donald Pacheco, 33 Ames St., appeared before the Authority and was sworn in. He testified that he is opposed to this license being granted. He feels that this location is too close to the church on 1st and Sheridan. Mr. Pacheco stated that he doesn't drink.
Ben Fiscus, 101 S. Xavier St., appeared before the Authority and was sworn in. He testified that he is opposed to this license being granted because he feels there are enough stores in the area.
Brad Fiscus, 101 S. Xavier St., appeared before the Authority and was sworn in. He stated that he agrees with the testimony given before him in opposition of this license.
Sharon Fiscus, 185 S. Yates Wy., appeared before the Authority and was sworn in. She stated that she agrees with previous testimony regarding the opposition of this license. She also stated that she is concerned about an increase in traffic accidents at this location because of the increase in traffic that will occur if this license is granted.
Abigail Fiscus, 185 S. Yates Wy., appeared before the Authority and was sworn in. She stated that she agreed with previous testimony given in opposition to this license being granted.
Refugio Cancino, 9705 E. 112th Pl., Henderson, appeared before the Authority and was sworn in. He testified that he is the pastor of the church located at 1st and Ames St and agrees with previous testimony in opposition of this license being granted.
Steve Newsom, 4735 W. Bayaud Ave., appeared before the Authority and was sworn in. He stated that he agrees with previous testimony in opposition of this license.
Richard Smith, 4800 W. Bayaud Ave., appeared before the Authority and was sworn in. He stated that he agrees with previous testimony in opposition to this license.
Carter Barnard, 250 S. Zenobia St., appeared before the Authority and was sworn in. He testified that he agrees with previous testimony in opposition to this license.
Heidi Valles, 250 S. Zenobia St., appeared before the Authority and was sworn in. She testified that she agrees with previous testimony in opposition to the license.
Kwang Kim, 610 Perry St., appeared before the Authority and was sworn in. He testified that he owns a liquor store at Perry Street.
The Authority determined that Mr. Kim is not a part of interest because his store is outside the boundaries.
Young A. Park, 259 S. Teller St., appeared before the Authority and was sworn in. She testified that she manages a liquor store in the neighborhood and circulated petitions in opposition of this license. Some of the petitions she placed on the counter of her liquor store and some petitions she circulated in the neighborhood.
In response to questions from Attorney Kris Hoeltgen and the Authority, Ms. Park stated that she told people they didn't need another liquor store in the neighborhood and should sign her petition against the new store. She also went to the other liquor stores in the neighborhood and told them they should band together against this new liquor store.
Some Authority members were concerned that Ms. Parks signed an Affidavit stating she didn't make any promises, threats, or inducements in order to get signatures on her petitions, yet her testimony indicates otherwise.
In closing, Attorney Kris Hoeltgen stated that the petitions submitted by Ms. Parks should be disregarded because of impropriety on the part of Ms. Parks in obtaining those signatures.
In closing, Attorney Rasband said the Authority should be concerned about the applicant not being truthful in his statements on the Individual History Record that he signed stating all statements were true. Mr. Rasband also said the four other liquor stores in the area are currently meeting the needs an desires of the neighborhood. Lastly, Mr. Rasband stated that several of the applicant's witnesses have a fiduciary interest in seeing this license granted.
Attorney Hoeltgen responded by stating that a competitor orchestrated the protest to this license.
Lenora Moore, Lakewood Liquor Inspector, appeared before the Authority and was sworn in. In response to questions from the Authority, Ms. Moore stated that she does not compare petitions between the applicant and opposition to determine duplicate signatures.
Public testimony was closed.
The Authority members discussed the application amongst themselves and thanked the members of the neighborhood for coming to the hearing and speaking either for or against the application. Several members expressed their dismay with having to disregard the petitions obtained by Ms. Park because of the way she induced the people into signing them.
Mr. Wolfe moved to approve the Retail Liquor Store Application of Victor Kim, d/b/a Sheridan Fine Wine & Spirits, 65 Sheridan Blvd. The motion was seconded and with those present voting Aye, THE MOTION TO APPROVE THE APPLICATION CARRIED.
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 10:15 p.m.
Laura Bock, Liquor Licensing Clerk
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