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July 22, 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
Stan Wisneski
Mark Wolfe
Absent: Al Williams
Also present: Tamara Russell, Chief 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
White Lodging Services, Corp.
d/b/a Courtyard by Marriott
7180 W. Hampden Ave.
Chief Deputy Attorney Russell told the Authority this matter had been continued from six months ago. The stipulation reached at that time, was the licensee maintain 25% food sales and the city would dismiss the case. The city was asking for a dismissal at this time.
Ms. Hansson moved to dismiss the complaint against White Lodging Services, Corp., d/b/a Courtyard by Marriott, 7180 W. Hampden Ave. The motion was seconded and with those present voting Aye, THE MOTION TO DISMISS CARRIED.
ITEM 4. SHOW CAUSE HEARING
3.2 % Off Premise Fermented Malt Beverage License
7-Eleven, Inc.
d/b/a Seven Eleven #26137
95 Sheridan Blvd.
Chief Deputy City Attorney Russell stated one of the licensee's employees sold alcohol to a minor during a compliance check operation conducted by the city on March 19, 2004. This was the licensee's fourth violation at this location and they are willing to stipulate to the offense. Ms. Russell also informed the Authority the licensee had voluntarily surrendered their license.
Fern O'Brien, registration #26912, appeared on behalf of the licensee. Ms. O'Brien concurred with the statements made by Ms. Russell.
Mr. Wolfe moved that the stipulation between the Chief Deputy City Attorney
and
7-Eleven, Inc., d/b/a Seven Eleven #26137 be accepted for the 3.2 % Off Premise
Fermented Malt Beverage License at 95 Sheridan Blvd. The motion was seconded
and with those present voting Aye, THE MOTION TO ACCEPT THE STIPULATION 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.
Chief Deputy Attorney Russell stated one of the licensee's employees sold alcohol to a minor during a compliance check operation conducted by the city on March 19, 2004. This was the licensee's second violation at this location and they are willing to stipulate to the offense.
Fern O'Brien, registration #26912, appeared on behalf of the licensee. She stated the licensee would stipulate to the offense.
Mr. Wisneski moved that the stipulation between the Chief Deputy City Attorney
and
7-Eleven, Inc., d/b/a Seven Eleven #16068 be accepted for the 3.2 % Off Premise
Fermented Malt Beverage License at 2641 S. Estes St. The motion was seconded
and with those present voting Aye, THE MOTION TO ACCEPT THE STIPULATION CARRIED.
Ricky McCrae, 1500 S. Willow Dr., appeared before the Authority and was sworn in. Mr. McCrae testified he is the Field Consultant for this area. He explained the policies and procedures in place for 7-Eleven, Inc. The employee who sold the alcohol to the minor overrode the point of sale system and has been terminated for their actions.
Ms. Hansson moved the following penalty be imposed: a suspension of 14 days with seven days held in abeyance for one year commencing July 23, 2004. The balance of the suspension is to begin at 5:00 a.m. on July 23, 2004, and end at 5:00 a.m. July 30, 2004. The motion was seconded and with those present voting Aye, THE PENALTY MOTION CARRIED.
Ms. O'Brien asked the Authority to allow her client to pay a fine in lieu of seven days suspension.
Mr. Muniz moved to allow 7-Eleven, Inc., d/b/a Seven Eleven #16068 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 6. GENERAL BUSINESS
Members of the Authority indicated their desire to discuss how they would like transfer of ownership applications to be managed when a violation was pending. It was decided to hold this discussion at the next meeting.
ITEM 7. ADJOURNMENT
There being no further business to come before the Authority, Chairman Taake
adjourned the meeting at 7:35 p.m.
Laura Bock, Liquor Licensing Specialist
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