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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
Albert Williams
Stan Wisneski
Mark Wolfe
Absent: Lorri Stevens
Also present: Paul Kennebeckl, 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 November 13, 2003
Regular Meeting December 11, 2003
Regular Meeting January 8, 2004
Mr. Wisneski moved to approve the minutes of the regular meeting held November
13, 2003; the regular meeting held December 11, 2003; and the regular meeting
held January 8, 2004. The motion was seconded and with those present voting
Aye, THE MOTION TO APPROVE THE MINUTES CARRIED.
ITEM 4. SHOW CAUSE HEARING
Retail Liquor Store License
Aster Gebremeskel
d/b/a Reeb Liquors
11000 W. Alameda Ave.
Deputy City Attorney advised the Authority that a disposition had been reached in this matter. He stated the licensee would admit guilt to the charge of sale of alcohol to a minor occurring on October 1, 2003. This violation is a second offense within a one-year period.
Aster Gebremeskel, 2934 S. Tamarac St., Denver, appeared before the Authority and was sworn in. She said she did not want to stipulate to the violation occurring but whatever is to be decided by the Authority, she would accept and deal with. She told the Authority the person who sold the product has admitted to it so there's no way she can say a violation didn't occur. She felt there was nothing more for her to say, but she would listen to what the Authority decides and then go home.
Attorney Kennebeck asked Ms. Gebremeskel if her employee sold alcohol to a minor to which she replied, "yes." Mr. Kennebeck said the complaint was based on the fact that the employee sold alcohol to a minor.
Ms. Gebremeskel than said the violation occurred.
Mr. Wisneski moved that the stipulation between the City Attorney and Aster Gebremeskel, d/b/a Reeb Liquors be accepted for the retail liquor store license at 11000 W. Alameda Ave. The motion was seconded and with those present voting Aye, THE MOTION TO ACCEPT THE STIPULATION CARRIED.
Ms. Gebremeskel said she didn't wish to make any further statements.
The public testimony was closed.
Ms. Hansson moved that the following penalty be imposed: a suspension of fourteen days be imposed with seven days held in abeyance for a period of one year commencing January 23, 2004, plus five days to be served from the previous violation. The balance of the suspension to begin at 8:00 a.m. on January 23, 2004, and end at 8:00 a.m. on February 4, 2004. The motion was seconded and with those present voting Aye, THE MOTION TO IMPOSE A PENALTY CARRIED.
ITEM 5. SHOW CAUSE HEARING
Retail Liquor Store License
12065 W. Alameda, Inc.
d/b/a Norman's Liquors
12065 W. Alameda Ave.
Deputy City Attorney Paul Kennebeck advised the Authority that a disposition had been reached in this matter. He stated the licensee, through her attorney, would admit guilt to the charge of sale of alcohol to a minor occurring on October 1, 2003. This violation is a second offense. The first offense occurred over two years ago.
Dan Carr, registration #8224, appeared before the Authority on behalf of the licensee and stated the licensee would admit to the violation.
Mr. Wolfe moved that the stipulation between the City Attorney and 12065 W. Alameda, Inc., d/b/a Norman's Liquors be accepted for the retail liquor store license at 12065 W. Alameda Ave. The motion was seconded and with those present voting Aye, THE MOTION TO ACCEPT THE STIPULATION CARRIED.
Mr. Carr stated the licensee has been operating for seven years and it has been over two years between offenses. The licensee has signed up to take the free alcohol training class offered by Lakewood. Mr. Carr asked the Authority to allow his client to pay a fine in lieu of suspension as is allowed under state statute.
Public testimony was closed.
Mr. Wisneski moved that the following penalty be imposed: a suspension of fourteen days be imposed with seven days held in abeyance for a period of one year commencing January 23, 2004. The balance of the suspension to begin at 8:00 a.m. on January 23, 2004, and end at 8:00 a.m. on January 30, 2004. The motion was seconded and with those present voting Aye, THE MOTION TO IMPOSE A PENALTY CARRIED.
ITEM 6. SHOW CAUSE HEARING
3.2% Off Premise Fermented Malt Beverage License
7-Eleven, Inc.
d/b/a Seven Eleven #17134
9200 W. Alameda Ave.
Deputy City Attorney advised the Authority that a disposition had been reached in this matter. He stated the licensee would admit guilt to the charge of sale of alcohol to a minor occurring on October 1, 2003. This violation is a second offense within a one-year period.
Fern O'Brien, registration #26912, appeared before the Authority on behalf of the licensee and stated the licensee would admit to the violation.
Mr. Wolfe moved that the stipulation between the City Attorney and 7-Eleven, Inc., d/b/a Seven Eleven #17134 be accepted for the 3.2% off premise fermented malt beverage license at 9200 W. Alameda Ave. The motion was seconded and with those present voting Aye, THE MOTION TO ACCEPT THE STIPULATION CARRIED.
Paulette DeNorch, 4249 S. Fox, appeared before the Authority and was sworn in. She testified she has been employed with Seven Eleven for 10 years. She was not the manager when the first violation occurred but was the manager when the most recent violation occurred. The employee responsible for conducting the sale is no longer employed with the company. Ms. DeNorch said she sends all her employees to the alcohol class provided by Lakewood and there are mechanisms in place within the store's system to avoid selling alcohol to minors. This particular employee chose not to utilize the mechanisms.
Lonnie Thomas, 2795 Eldridge St., Golden, appeared before the Authority and was sworn in. He testified he is the Field Consultant for Seven Eleven and has been employed with them for over 20 years. He said Seven Eleven does take these violation seriously and trains all employees in the responsible sale of alcohol.
The public testimony was closed.
Ms. Hansson moved that the following penalty be imposed: a suspension of fourteen days be imposed with seven days held in abeyance for a period of one year commencing January 23, 2004, plus five days to be served from the previous violation. The balance of the suspension to begin at 5:00 a.m. on January 23, 2004, and end at 5:00 a.m. on February 4, 2004. The motion was seconded and with those present voting Aye, THE MOTION TO IMPOSE A PENALTY CARRIED.
ITEM 7. SHOW CAUSE HEARING
3.2% Off Premise Fermented Malt Beverage License
Recuperos, L.L.C.
d/b/a Everyday Store #5713
1090 S. Union Blvd.
Deputy City Attorney Paul Kennebeck advised the Authority that a disposition had been reached in this matter. He said the licensee would admit to the violation of sale to a minor. He said this was a first violation for this licensee and the City would agree to a penalty no more strict than the Authority's normal sanctions for a first-time offense.
Sandra Paul, 21772 E. Gedes Pl., appeared before the Authority and was sworn in. She stated Recuperos would admit to the violation.
Mr. Williams moved that the stipulation between the City Attorney and Recuperos, L.L.C., d/b/a Everyday Store #5713 be accepted for the 3.2% off premise fermented malt beverage license at 1090 S. Union Blvd. The motion was seconded and with those present voting Aye, THE MOTION TO ACCEPT THE STIPULATION CARRIED.
Ms. Paul said her clerk failed to ask the customer for identification and was terminated for selling alcohol to a minor. She testified to the safety mechanisms in place to avoid selling alcohol to minors and this particular clerk failed to use those safeguards. All clerks have been sent back through the companies training program.
Public testimony was closed.
Mr. Wisneski moved the following penalty be imposed: a suspension of 10 days with five days held in abeyance for one year commencing January 23, 2004. The balance of the suspension to begin at 5:00 a.m. on January 23, 2004, and end at 5:00 a.m. January 28, 2004. The motion was seconded and with those present voting Aye, THE PENALTY MOTION CARRIED.
Ms. Paul petitioned the Authority to pay a fine in lieu of the five-day suspension.
Mr. Wolfe moved to allow Recuperos, L.L.C., d/b/a Everyday Store #5713 to pay a fine in lieu of suspension. The motion was seconded and with those present voting Aye, THE MOTION TO PAY A FINE IN LIEU OF SUSPENSION CARRIED.
ITEM 8. SHOW CAUSE HEARING
3.2% Off Premise Fermented Malt Beverage License
Recuperos, L.L.C.
d/b/a Everyday Store #5714
12015 W. Cedar Dr.
Deputy City Attorney Paul Kennebeck advised the Authority that a disposition had been reached in this matter. He said the licensee would admit to the violation of sale to a minor. He said this was a first violation for this licensee and the City would agree to a penalty no more strict than the Authority's normal sanctions for a first-time offense.
Sandra Paul, 21772 E. Gedes Pl., appeared before the Authority again. She stated Recuperos would admit to the violation at this location as well.
Mr. Williams moved that the stipulation between the City Attorney and Recuperos, L.L.C., d/b/a Everyday Store #5714 be accepted for the 3.2% off premise fermented malt beverage license at 12015 W. Cedar Dr. The motion was seconded and with those present voting Aye, THE MOTION TO ACCEPT THE STIPULATION CARRIED.
Ms. Paul testified to the same events occurring at this location but with a different store clerk involved.
Mr. Wisneski moved the following penalty be imposed: a suspension of 10 days with five days held in abeyance for one year commencing January 23, 2004. The balance of the suspension to begin at 5:00 a.m. on January 23, 2004, and end at 5:00 a.m. January 28, 2004. The motion was seconded and with those present voting Aye, THE PENALTY MOTION CARRIED.
Ms. Paul petitioned the Authority to pay a fine in lieu of the five-day suspension.
Mr. Williams moved to allow Recuperos, L.L.C., d/b/a Everyday Store #5714 to pay a fine in lieu of suspension. The motion was seconded and with those present voting Aye, THE MOTION TO PAY A FINE IN LIEU OF SUSPENSION CARRIED.
ITEM 9. GENERAL BUSINESS
Issue complaint and order to show cause and set hearing date for JHTW, Inc., d/b/a Whiskey Bills, located at 7290 W. Colfax Ave.
Deputy City Attorney asked the Authority to review the charges against Whiskey Bills and to find probable cause that a violation occurred on December 1, 2003.
Ms. Hansson moved to hold to a date certain of February 26, 2004, the complaint and order to show cause hearing for JHTW, Inc., d/b/a Whiskey Bills, located at 7290 W. Colfax Ave. The motion was seconded and with those present voting Aye, THE MOTION TO ISSUE A COMPLAINT CARRIED.
ITEM 10. 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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