Untitled Document MINUTES
REGULAR MEETING OF LAKEWOOD LIQUOR AND FERMENTED MALT BEVERAGE LICENSING AUTHORITY

April 8, 2004

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
Larry Muniz
Albert Williams
Stan Wisneski
Mark Wolfe

Absent Kristina Hansson
Lorri Stevens

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 March 11, 2004

Mr. Wisneski moved to approve the minutes of the regular meeting held March 11, 2004. The motion was seconded and with those present voting Aye, THE MOTION TO APPROVE THE MINUTES CARRIED.

ITEM 4. MODIFICATION OF PREMISES

Hotel & Restaurant License Application
Blazin Wings, Inc.
d/b/a Buffalo Wild Wings Grill & Bar
5140 S. Wadsworth Blvd.

Attorney Kennebeck explained to the Authority that this applicant was in the midst of applying for a transfer of ownership when staff discovered a portion of the licensed premises was being deleted for Quiznos' use. Staff told the applicant's attorney the modification was extensive enough to warrant a public hearing before the Authority and the neighborhood needs and desires would need to be considered. The applicant's attorney felt that the Licensing Authority should make that decision and not staff. As a result, this hearing was scheduled.

Jon Stonbraker, registration #9517, appeared before the Authority on behalf of the applicant. He told the Authority time and money were large issues for the applicant who already purchased the building. They were hoping to streamline the process by asking the Authority to waive a public hearing. Mr. Stonbrasker testified that because zoning hadn't changed, school distance hadn't changed, and the use as a family restaurant was the same, neighborhood needs and desires hadn't changed.

In response to questions from the Authority, Mr. Stonbraker stated the Buffalo Wild Wings' concept was more sports bar atmosphere than the family restaurant atmosphere of the previous license.

Laura Bock, Liquor Licensing Clerk, was sworn in by Chairman Taake and testified that since the proposed licensed premi0ses was undergoing a modification of over 20%, the Licensing Authority's rules and regulations necessitated a public hearing and neighborhood needs and desires consideration.

Lenora Moore, Liquor Inspector, appeared before the Authority and was sworn in. She testified that she conducted an inspection of the proposed licensed premises and discovered the whole building was gutted and undergoing a complete renovation.

After a brief a discussion among Authority members, Mr. Wisneski moved that the Authority lacked sufficient evidence to act upon the modification of premises application and continued the public hearing to May 13, 2004. The motion was seconded and with those present voting Aye, THE MOTION TO HOLD A PUBLIC HEARING CARRIED.

ITEM 5. GENERAL BUSINESS

Attorney Kennebeck said with the exception of La Ballerina, the following items are requests to issue complaints for the sale of alcohol to a minor based on a compliance check operation conducted by the Lakewood Police Department on March 19, 2004.

(A) Issue complaint and order to show cause and set a hearing date for the Hotel & Restaurant License of CWG Productions, Inc., d/b/a Cordial Lounge, 1521 Pierce St.

Mr. Williams moved to hold to a date certain of May 27, 2004, the complaint and order to show cause hearing for CWG Productions, Inc., d/b/a Cordial Lounge and Restaurant, 1521 Pierce St. The motion was seconded and with those present voting Aye, THE MOTION TO ISSUE A COMPLAINT CARRIED.

(B) Issue complaint and order to show cause and set a hearing date for the Hotel & Restaurant License of La Ballerina, Inc., d/b/a La Ballerina, 5660 W. Colfax Ave.

Attorney Kennebeck said on February 22, 2004, Lakewood Police Agents observed a young man who appeared to be intoxicated exit the licensed premises and after making contact with him also learned that he was under the age of 21. As a result of this incident, the Lakewood Police believe there is probable cause that the licensee has violated state statutes and asks the Authority to issue a complaint.

Mr. Wolfe moved to hold to a date certain of May 27, 2004, the complaint and order to show cause hearing for La Ballerina, Inc., d/b/a La Ballerina, 5660 W. Colfax Ave. The motion was seconded and with those present voting Aye, THE MOTION TO ISSUE A COMPLAINT CARRIED.

(C) Issue complaint and order to show cause and set a hearing date for the 3.2% Off Premise Fermented Malt Beverage License of 7-Eleven, Inc., d/b/a Seven Eleven #26137, 95 Sheridan Blvd.

Mr. Wisneski moved to hold to a date certain of June 24, 2004, the complaint and order to show cause hearing for 7-Eleven, Inc., d/b/a Seven Eleven #26137, 95 Sheridan Blvd. The motion was seconded and with those present voting Aye, THE MOTION TO ISSUE A COMPLAINT CARRIED.

(D) Issue complaint and order to show cause and set a hearing date for the 3.2% Off Premise Fermented Malt Beverage License of 7-Eleven, Inc., d/b/a Seven Eleven #16068, 2641 S. Estes St.

Mr. Wolfe moved to hold to a date certain of May 27, 2004, the complaint and order to show cause hearing for 7-Eleven, Inc., d/b/a Seven Eleven #16068, 2641 S. Estes St. The motion was seconded and with those present voting Aye, THE MOTION TO ISSUE A COMPLAINT CARRIED.

(E) Issue complaint and order to show cause and set a hearing date for the 3.2% Off Premise Fermented Malt Beverage License of Massey & Co., Inc., d/b/a Mini Food Store #2, 495 Sheridan Blvd.

Mr. Williams moved to hold to a date certain of July 8, 2004, the complaint and order to show cause hearing for Massey & Co., Inc., d/b/a Mini Food Store #2, 495 Sheridan Blvd. The motion was seconded and with those present voting Aye, THE MOTION TO ISSUE A COMPLAINT CARRIED.

(F) Issue complaint and order to show cause and set a hearing date for the 3.2% Off Premise Fermented Malt Beverage License of Won Mart, Inc., d/b/a Won Mart, 105 Sheridan Blvd.

Mr. Wolfe moved to hold to a date certain of July 8, 2004, the complaint and order to show cause hearing for Massey & Co., Inc., d/b/a Mini Food Store #2, 495 Sheridan Blvd. The motion was seconded and with those present voting Aye, THE MOTION TO ISSUE A COMPLAINT CARRIED.

(G) Issue complaint and order to show cause and set a hearing date for the 3.2% Off Premise Fermented Malt Beverage License of Rodenburg Enterprises, Inc., d/b/a Green Mountain Shell, 12410 W. Alameda Pkwy.

Mr. Wisneski moved to hold to a date certain of July 22, 2004, the complaint and order to show cause hearing for Rodenburg Enterprises, Inc., d/b/a Green Mountain Shell, 12410 W. Alameda Pkwy. The motion was seconded and with those present voting Aye, THE MOTION TO ISSUE A COMPLAINT CARRIED.

(H) Issue complaint and order to show cause and set a hearing date for the Retail Liquor Store License of JK Liquors, Inc., d/b/a JK Liquors, 1705 Wadsworth Blvd.

Mr. Williams moved to hold to a date certain of July 8, 2004, the complaint and order to show cause hearing for JK Liquors, Inc., d/b/a JK Liquors, 1705 Wadsworth Blvd. The motion was seconded and with those present voting Aye, THE MOTION TO ISSUE A COMPLAINT CARRIED.

(I) Issue complaint and order to show cause and set a hearing date for the Retail Liquor Store License of T Behre, L.L.C., d/b/a Sunset Liquor, 9151 W. Colfax Ave.

Mr. Wolfe moved to hold to a date certain of August 12, 2004, the complaint and order to show cause hearing for T Behre, L.L.C., d/b/a Sunset Liquor, 9151 W. Colfax Ave. The motion was seconded and with those present voting Aye, THE MOTION TO ISSUE A COMPLAINT CARRIED.

(J) Issue complaint and order to show cause and set a hearing date for the Hotel & Restaurant License of Wallaroos Holdings, L.L.C., d/b/a Sydney Station, 11353 W. Colfax Ave.

Mr. Wisneski moved to hold to a date certain of May 27, 2004, the complaint and order to show cause hearing for Wallaroos Holdings, L.L.C., d/b/a Sydney Station, 11353 W. Colfax Ave. The motion was seconded and with those present voting Aye, THE MOTION TO ISSUE A COMPLAINT CARRIED.

(K) Issue complaint and order to show cause and set a hearing date for the Hotel & Restaurant License of Garner/Garner, Inc., d/b/a Genghis Grill, 14500 W. Colfax Ave. #126.

Mr. Muniz moved to hold to a date certain of July 8, 2004, the complaint and order to show cause hearing for Garner/Garner, Inc., d/b/a Genghis Grill, 14500 W. Colfax Ave. #126. The motion was seconded and with those present voting Aye, THE MOTION TO ISSUE A COMPLAINT CARRIED.

(L) Issue complaint and order to show cause and set a hearing date for the Hotel & Restaurant License of Stephen McMahon, d/b/a Dr. Feelgood's, 1535 S. Kipling Pkwy. #A.

Mr. Muniz moved to hold to a date certain of August 12, 2004, the complaint and order to show cause hearing for Stephen McMahon, d/b/a Dr. Feelgood's, 1535 S. Kipling Pkwy. #A. The motion was seconded and with those present voting Aye, THE MOTION TO ISSUE A COMPLAINT CARRIED.

ITEM 6. ADJOURNMENT

There being no further business to come before the Authority, Chairman Taake adjourned the meeting at 8:30 p.m.

Laura Bock, Liquor Licensing Clerk