|
|
|
 |
August 12, 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
Stan Wisneski
Mark Wolfe
Absent: Lorri Stevens
Al Williams
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
Retail Liquor Store License
T. Berhe, L.L.C.
d/b/a Sunset Liquor
9181 W. Colfax Ave.
Deputy Attorney Kennebeck told the Authority he had spoken with the owner, Ms. Berhe, and reached a stipulation. However, the licensee was not in the Council Chambers and Mr. Kennebeck asked to move on to the next matter for the time being.
Chairman Taake asked if the licensee was aware of tonight's meeting.
Secretary Laura Bock told the Authority about the city's procedures in issuing and serving complaints against licensees.
Chairman Taake agreed to postpone this matter until after the next item on the agenda.
ITEM 4. SHOW CAUSE HEARING
Hotel & Restaurant License
Dr. Feelgood's Sports Bar, Inc.
d/b/a Dr. Feelgood's Sports Bar
1535 S. Kipling St. #A
Attorney Kennebeck told the Authority a complaint against this licensee was issued after one of its employees sold alcohol to a minor during a compliance check operation conducted on March 19, 2004. He stated this was a first violation for this licensee who has been in operation for a decade or so.
Steve McMahon, 1429 S. Washington St., appeared before the Authority and was sworn in. He said he would stipulate to the violation of sale to a minor.
Ms. Hansson moved that the stipulation between the Deputy City Attorney and
Dr. Feelgood's Sports Bar, Inc., d/b/a Dr. Feelgood's Sports Bar, be accepted.
The motion was seconded and with those present voting Aye, THE MOTION TO ACCEPT
THE STIPULATION CARRIED.
Mr. McMahon testified to the Authority the undercover police come in to the bar almost once per week and this is the first time his staff has been caught. He said he had a new waitress who thought the lady looked old enough and served her. Mr. McMahon further said no one drank anything, got drunk, nor caused any trouble. He felt the cops came in for the sole purpose of tricking the bar and were successful at it. Mr. McMahon stated he has changed his policy and in order to get a drink you must show identification. He also told the Authority he had only 15 months left to operate because his landlord has fixed it so he's unable to sell and forced to stay until the end of his lease.
Mr. Wisneski moved the following penalty be imposed: a suspension of 10 days with five days held in abeyance for one year commencing August 13, 2004. The balance of the suspension is to begin at 7:00 a.m., August 13, 2004, and end at 7:00 a.m. August 18, 2004. The motion was seconded and with those present voting Aye, THE PENALTY MOTION CARRIED.
Mr. McMahon asked to be allowed to pay a fine in lieu of five-days suspension.
Mr. Muniz moved to allow Dr. Feelgood's Sports Bar, Inc., d/b/a Dr. Feelgood's Sports Bar 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.
At this point in the meeting, the licensee, T. Berhe, L.L.C., d/b/a Sunset Liquor, had still not appeared in the Council Chambers. After a brief discussion between Authority members and the Deputy City Attorney, it was agreed to continue the matter to future date.
Mr. Wolfe moved to continue the show cause hearing of T. Berhe, L.L.C., d/b/a Sunset Liquor, 9151 W. Colfax Ave., to a date certain of August 26, 2004. The motion was seconded and with present voting Aye, THE MOTION TO CONTINUE CARRIED.
ITEM 5. GENERAL BUSINESS
There was a general discussion surrounding the Liquor Authority's policy dated June 11, 1998, addressing a transfer of a liquor license pending allegations or sanctions and whether or not it was ever formally adopted.
Another point of discussion was what goal would be accomplished by adopting this policy. It was agreed upon that by adopting this policy, licensees and potential applicants would be clear about what happens in the situation of a transfer pending allegations or sanctions.
The Authority asked Secretary Bock to place this item on the next agenda for further discussion.
During the discussion, the licensee of T. Berhe entered the Council Chanbers. The Authority agreed to move forward with the show cause hearing and cancel the continuance motion made earlier.
ITEM 3. SHOW CAUSE HEARING
Retail Liquor Store License
T. Berhe, L.L.C.
d/b/a Sunset Liquor
9181 W. Colfax Ave.
Deputy City Attorney Kennebeck told the Authority a complaint against this licensee was issued based on two allegations. The first allegation is failure of a compliance check conducted on March 19, 2004. The second allegation is the sale of alcohol to an intoxicated person that occurred on March 8, 2004. Mr. Kennebeck asked the Authority to dismiss the charge of overservice if the licensee admits to the allegation of sale to a minor. He stated he has spoke with staff members from all the departments involved in liquor licensing and all are in agreement with the stipulation. The licensee is also in agreement with the stipulation.
Tsige Berhe, 9151 W. Colfax Ave., appeared before the Authority and was sworn in. She stated she would agree to the stipulation.
Mr. Muniz moved that the stipulation between the T. Berhe, L.L.C., d/b/a Sunset Liquor, be accepted. The motion was seconded and with those present voting Aye, THE MOTION TO ACCEPT THE STIPULATION CARRIED.
Ms. Berhe made no statements in mitigation.
Mr. Wisneski moved the following penalty be imposed: a suspension of 10 days with five days held in abeyance for one year commencing August 13, 2004. The balance of the suspension is to begin at 8:00 a.m., August 13, 2004, and end at 8:00 a.m., August 18, 2004. The motion was seconded and with those present voting Aye, THE PENALTY MOTION CARRIED.
Ms. Berje asked the Authority to allow her to pay a fine in lieu of five days suspension.
Mr. Muniz moved to allow T. Berhe, L.L.C., d/b/a Sunset Liquor 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. 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 Specialist
 |
||
Americans with Disability Act (ADA) Notice |
||
