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July 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
Kristina Hansson
Lorri Stevens
Al Williams
Stan Wisneski
Mark Wolfe
Absent: Larry Muniz
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 May 13, 2004
Regular Meeting May 27, 2004
Regular Meeting June 10, 2004
Mr. Wisneski moved to approve the minutes of the regular meetings held on May 13, 2004, May 27, 2004, and June 10, 2004. The motion was seconded and with those present voting Aye, THE MOTION TO APPROVE THE MINUTES CARRIED.
ITEM 4. NEW APPLICATION
Hotel & Restaurant License
TMG of Colorado, L.L.C.
d/b/a Ted's Montana Grill
330 S. Teller St. #3-M1
Deputy City Attorney told the Authority he had reviewed the application and all the paperwork appeared to be in order.
Alan Dill, registration #872, appeared before the Authority on behalf of the licensee.
Tina Scott, 1216 Tipperare St., appeared before the Authority and was sworn in. She testified on behalf of Oedipus, Inc., who conducted the survey of the neighborhood needs and desires. Ms. Scott explained how the survey was conducted and the how the results were calculated. The survey was favorable for the applicant being granted a liquor license.
Jeff Sparkman, 2890 Brighton Blvd., appeared before the Authority and was sworn in. He testified on behalf of the applicant and stated he was the General Manager. Mr. Sparkman said he has 16 years experience in the restaurant industry with no liquor violations. He explained the concept of Ted's Montana Grill and the policies in place to ensure compliance with state and city regulations.
No one in the audience came forward to speak in favor or opposition to the license being granted and the public hearing was closed.
Mr. Wisneski moved that the application for a hotel & restaurant license for TMG of Colorado, L.L.C., d/b/a Ted's Montana Grill, 330 S. Teller St., #3-M1, be approved. The motion was seconded, and with those present voting Aye, THE MOTION TO APPROVE THE APPLICATION CARRIED.
ITEM 5. SHOW CAUSE HEARING
Hotel & Restaurant License
Garner/Garner, Inc.
d/b/a Genghi's Grill
14500 W. Colfax Ave. #355
Deputy City Attorney Kennebeck 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 first violation and they are willing to stipulate to the offense.
Brenda Garner, 2816 Orchard Ave., Grand Junction, appeared before the Authority and was sworn in. She agreed with Mr. Kennebeck and said they were willing to stipulate to the violation.
Ms. Stevens moved that the stipulation between the Deputy City Attorney and Garner/Garner, Inc., d/b/a Genghi's Grill be accepted for the hotel and restaurant license at 14500 W. Colfax Ave. #355. The motion was seconded and with those present voting Aye, THE MOTION TO ACCEPT THE STIPULATION CARRIED.
Brenda Garner testified all employees have been or will be sent to the city's alcohol class and new signs have been posted regarding the restaurant's I.D. checking policy.
No one came forward to speak on behalf or against the licensee and the public hearing was closed.
Ms. Hansson moved the following penalty be imposed: a suspension of 10 days with five days held in abeyance for one year commencing July 9, 2004. The balance of the suspension is to begin at 7:00 a.m. on July 9, 2004, and end at 7:00 a.m. July 14, 2004. The motion was seconded and with those present voting Aye, THE PENALTY MOTION CARRIED.
Ms. Garner asked the Authority to allow Garner/Garner, Inc., to pay a fine in lieu of five days of suspension.
Mr. Williams moved to allow Garner/Garner, Inc., d/b/a Genghi's Grill 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. SHOW CAUSE HEARING
3.2 % Off Premise Fermented Malt Beverage License
Massey & Co., Inc.
d/b/a Mini Food Store #2
495 Sheridan Blvd.
Deputy City Attorney Kennebeck 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 first violation and they are willing to stipulate to the offense.
Douglas Massey, 9159 S. Princeton, Highlands Ranch, appeared before the Authority and was sworn in. He agreed with Mr. Kennebeck and was willing to stipulate to the violation.
Mr. Wolfe moved that the stipulation between the Deputy City Attorney and Massey & Co., Inc., d/b/a Mini Food Store #2 be accepted for the 3.2 % Off Premise Fermented Malt Beverage License at 495 Sheridan Blvd. The motion was seconded and with those present voting Aye, THE MOTION TO ACCEPT THE STIPULATION CARRIED.
Mr. Massey testified he owns several liquor-licensed establishments throughout
the metro area and this is his first violation. The employee involved in this
violation had been sent to alcohol training classes in the past and was suspended
for a period of time as a result of his actions.
Mr. Massey did not want to terminate this employee because he feels he learned
a lesson from this experience and would not serve alcohol to a minor again.
No one else appeared before the Authority to speak in favor or against this licensee and the public hearing 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 July 9, 2004. The balance of the suspension is to begin at 5:00 a.m. on July 9, 2004, and end at 5:00 a.m. July 14, 2004. The motion was seconded and with those present voting Aye, THE PENALTY MOTION CARRIED.
Mr. Massey asked the Authority to be allowed to pay a fine in lieu of five days supension.
Mr. Williams moved to allow Massey & Co., Inc., d/b/a Mini Food Store #2 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 7. SHOW CAUSE HEARING
3.2 % Off Premise Fermented Malt Beverage License
Won Mart, Inc.
d/b/a Won Mart
105 Sheridan Blvd.
Deputy City Attorney Kennebeck 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 first violation and they are willing to stipulate to the offense.
Ki Desort, 18262 E. Ida Dr., Aurora, appeared before the Authority as an interpreter for the licensee and was sworn in.
Jon Jun Won, 105 Sheridan Blvd., appeared before the Authority and was sworn in. He said he would stipulate the violation occurred.
Ms. Stevens moved that the stipulation between the Deputy City Attorney and Won Mart, Inc., d/b/a Won Mart be accepted for the 3.2 % Off Premise Fermented Malt Beverage License at 105 Sheridan Blvd. The motion was seconded and with those present voting Aye, THE MOTION TO ACCEPT THE STIPULATION CARRIED.
Mr. Won testified he had left his mom alone to watch the store while he left to do some errands. He forgot to tell his mother to check the I.D.'s of people she thought weren't old enough to drink.
Mr. Williams moved the following penalty be imposed: a suspension of 10 days with five days held in abeyance for one year commencing July 9, 2004. The balance of the suspension is to begin at 5:00 a.m. on July 9, 2004, and end at 5:00 a.m. July 14, 2004. The motion was seconded and with those present voting Aye, THE PENALTY MOTION CARRIED.
ITEM 8. SHOW CAUSE HEARING
Retail Liquor Store License
JK Liquors, Inc.
d/b/a JK Liquors
1705 Wadsworth Blvd.
Deputy City Attorney Kennebeck 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 first violation and they are willing to stipulate to the offense.
Yoon Joo Mager, appeared as an interpreter for the licensee and was sworn in.
Eun Aeyu, 1705 Wadsworth Blvd., appeared before the Authority and was sworn in. She stated she would stipulate to the violation.
Mr. Wolfe moved that the stipulation between the Deputy City Attorney and JK Liquors, Inc., d/b/a JK Liquors be accepted for the Retail Liquor Store License at 1705 Wadsworth Blvd. The motion was seconded and with those present voting Aye, THE MOTION TO ACCEPT THE STIPULATION CARRIED.
Ms. Aeyu apologized to the Authority for the violation. She said she is a single mother with two teenage children. On the day of the violation, she closed on a new home and had a birthday party all for her son all in the same day. She left her one employee in charge. That employee is no longer working for her.
Mr. Wisneski moved the following penalty be imposed: a suspension of 10 days with five days held in abeyance for one year commencing July 9, 2004. The balance of the suspension is to begin at 8:00 a.m. on July 9, 2004, and end at 8:00 a.m. July 14, 2004. The motion was seconded and with those present voting Aye, THE PENALTY MOTION CARRIED.
Ms. Aeyu asked the Authority if she could pay a fine in lieu of 5 days suspension.
Ms. Stevens moved to allow JK Liquors, Inc., d/b/a JK Liquors 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
(A) Secretary Laura Bock told the Authority Hollywood Legends had surrendered their liquor license and would not be renewing it or selling alcohol any longer.
(B) Issue complaint and order to show cause and set a hearing date for the Tavern License of Leonid Stolyar, d/b/a CP's Easy Time Tavern, 6091 W. Colfax Ave.
Attorney Kennebeck said on May 4, 2003, Mr. Stolyar was cited for gambling
in his establishment. The city has held off a year in bringing the complaint
to the Authority to see what happened at Mr. Stolyar's trial. Mr. Stolyar was
convicted of gambling on June 1, 2004. The city believes his conviction is probable
cause for the licensee to show cause why his tavern license should not be suspended
or revoked.
Mr. Wolfe moved to hold to a date certain of September 23, 2004, the complaint
and order to show cause hearing for Leonid Stolyar, d/b/a CP's Easy Time Tavern,
6091 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 8:15 p.m.
Laura Bock, Liquor Licensing Specialist
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