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May 27, 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
Kristina Hansson
Larry Muniz
Lorri Stevens
Albert Williams
Stan Wisneski
Absent: Mark Wolfe
Also present: Paul Kennebeck, Deputy City Attorney
Full and timely notice of this meeting had been given and a quorum was present.
ITEM 3. SHOW CAUSE HEARING
Hotel & Restaurant License
GWG Productions, Inc.
d/b/a Cordial Lounge & Restaurant
1521 Pierce St.
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 March 19, 2004. This is the licensee's first violation.
Gary W. Gourney, 735 E. Poppywood Dr., Highlands Ranch, appeared before the Authority and was sworn in.
Mr. Wisneski moved that the stipulation between the City Attorney and GWG Productions, Inc., d/b/a Cordial Lounge & Restaurant be accepted for the hotel and restaurant license at 1521 Pierce St. The motion was seconded and with those present voting Aye, THE MOTION TO ACCEPT THE STIPULATION CARRIED.
Mr. Gourney testified that he has owned and operated this business for approximately three years. His staff has attended the city's alcohol classes in the past and will do so in the future. The bartender who was sighted into Municipal Court for making the sale, paid a fine of $157. Mr. Gourney said he feels the bartender is a good employee and didn't fire him over this incident. In looking at a picture of the minor used in the "sting" operation, it appears he is much older than what he actually is. Mr. Gourney believes his bartender is vigilant and will be more so after this incident. The security staff that evening however, has been terminated because they were playing pool instead of watching the door. Mr. Gourney stated he has worked very hard to clean up the Cordial Lounge that once was frequented by prostitutes, transients, and drug dealers.
Roy Hunt, 1865 Fenton St., appeared before the Authority and was sworn in. He testified that he has been a customer of the Cordial Lounge for approximately five years and has seen some very good changes since Mr. Gourney has taken over. Mr. Hunt said Mr. Gourney's main objectives have been compliance and customer care. His employee made a mistake; not willful nor intentional, but nonetheless, a mistake. Mr. Hunt asked the Authority to take everything into consideration and grant Mr. Gourney some leniency.
Michael Bargas, 1875 Harlan St., appeared before the Authority and was sworn in. Mr. Bargas testified that he has been a customer for approximately two years and feels Mr. Gourney has made the place safe and comfortable for his customers. Being a businessman himself, he knows that he is responsible for the mistakes his employees make, but would like the Authority to give Mr. Gourney a break.
Chuck Maestas, 8364 Sheridan Blvd., Westminster, appeared before the Authority and was sworn in. Mr. Maestas testified that he is a retired Lakewood Police Officer and now a Commercial Insurance Agent specializing in restaurants and liquor outlets. He is very familiar with the Cordial and is impressed with what Mr. Gourney has done with the place. Mr. Maestas feels this was an unfortunate incident but asked the Authority to consider everything Mr. Gourney has done.
Matthew Miller, 6772 W. 19th Pl., appeared before the Authority and was sworn in. Mr. Miller said he was customer of the Cordial for seven years and an employee for four. Since Mr. Gourney has taken over the bar, the place has really been transformed from a dive bar to a family restaurant. He further stated that he was the bartender on duty and the one cited for sale to a minor. Mr. Miller thought security was checking IDs at the door and paid a fine for that mistake. He has attended the city's alcohol classes and was taught to check IDs of those who look under 35. This kid, however, looked over the age of 35.
Brian Keyes, 2918 Eaton St., appeared before the Authority and was sworn in. Mr. Keys stated that he has been going to the bar for two years and feels Mr. Gourney has made many improvements. He also has witnessed Mr. Gourney host several charity events for the community. Mr. Keys further testified that Mr. Gourney has offered odd jobs to customers between jobs and in need of money. He believes that Mr. Gourney and his employees will not let this incident happen again.
Mr. Gourney asked Ms. Moore to take the witness stand.
Lenora Moore, Lakewood Liquor Inspector, appeared before the Authority and was sworn in. In response to questions from Mr. Gourney, she testified that there was a time she dreaded going into the Cordial to do an inspection because of the atmosphere and staff, but Mr. Gourney has been a pleasure to visit. She further stated she enjoys going in now and talking with Mr. Gourney who is very open with explaining his procedures. Ms. Moore said she was impressed with his diligence.
No one else in the audience came forward and the public hearing was closed.
Mr. Williams moved that the following penalty be imposed: a suspension of 10 days with nine days held in abeyance for one year commencing May 28, 2004. The balance of the suspension to begin at 7:00 a.m. on May 28, 2004, and end at 7:00 a.m. May 29, 2004. The motion was seconded and with those present voting Aye, THE PENALTY MOTION CARRIED.
Mr. Gourney asked the Authority to be allowed to pay a fine in lieu of the one-day suspension.
Mr. Wisneski moved to allow GWG Productions, Inc., d/b/a Cordial Lounge & Restaurant 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 4. SHOW CAUSE HEARING
Hotel & Restaurant License
La Ballerina, Inc.
d/b/a La Ballerina
5660 W. Colfax Ave.
Deputy City Attorney Kennebeck informed the Authority the City is alleging the licensee sold alcohol to a minor. However, this violation did not occur during a "sting" operation, but arose under other circumstances. The licensee has indicated he will contest the charge and would like a continuance in order to hire an attorney. Mr. Kennebeck also would like to request a continuance to coordinate with his witnesses.
Ms. Stevens moved to continue the Show Cause Hearing of La Ballerina, Inc., d/b/a La Ballerina to a date certain of June 10, 2004. The motion was seconded, and those present voting Aye, THE MOTION TO CONTINUE CARRIED.
ITEM 5. SHOW CAUSE HEARING
3.2% Off Premise Fermented Malt Beverage License
7-Eleven, Inc.
d/b/a Seven Eleven #16068
2641 S. Estes St.
Secretary Laura Bock told the Authority she had received an emailed request from the licensee's attorney on May 24, 2004, requesting a continuance. The request was granted and the new hearing date is July 22, 2004.
ITEM 6. SHOW CAUSE HEARING
Hotel & Restaurant License
Wallaroos Holdings, L.L.C.
d/b/a Sydney Station
11353 W. Colfax 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 March 19, 2004. This is the licensee's first violation.
Joseph M. Heeb, 13701 W. Jewell Ave., appeared before the Authority and was sworn in. He testified that the employee who sold the alcohol to the minor has been terminated. Since the violation occurred, employees have been sent to liquor training and signs have been posted in the restaurant about checking IDs. He felt that measures have been taken to make employees aware that this offense is not acceptable.
Scott A. Henley, 10023 S. Deer Creek St., Highlands Ranch, appeared before the Authority and was sworn in. Mr. Henley testified that awareness in the restaurant is at an all-time high. Signs have been posted and all new hires have been made aware of the violation and the consequences.
Mr. Williams moved that the stipulation between the City Attorney and Wallaroos Holdings, L.L.C., d/b/a Sydney Station be accepted for the hotel and restaurant license at 11353 W. Colfax Ave. The motion was seconded and with those present voting Aye, THE MOTION TO ACCEPT THE STIPULATION CARRIED.
Mr. Wisneski moved the following penalty be imposed: a suspension of 10 days with five days held in abeyance for one year commencing May 28, 2004. The balance of the suspension to begin at 7:00 a.m. on May 28, 2004, and end at 7:00 a.m. June 2, 2004. The motion was seconded and with those present voting Aye, THE PENALTY MOTION CARRIED.
ITEM 7. GENERAL BUSINESS
There was no further business.
ITEM 8. ADJOURNMENT
There being no further business to come before the Authority, Presiding Chairmwoman Hansson adjourned the meeting at 8:20 p.m.
Laura Bock, Liquor Licensing Specialist
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