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September 9, 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
Al Williams
Stan Wisneski
Absent: Mark Wolfe
Also present: Paul Kennebeck, Deputy City Attorney
Richard Miller, Counsel for the Liquor Authority
Full and timely notice of this meeting had been given and a quorum was present.
ITEM 3. SHOW CAUSE HEARING
Hotel & Restaurant License
La Bailerina, L.L.C.
d/b/a La Bailerina
5660 W. Colfax Ave.
Deputy Attorney Kennebeck asked the Authority to sequester the witnesses. He would be presenting two witnesses; however, he wished to keep one witness, Agent Matt Herrera, at the prosecution table to serve as an advisory witness and would be calling Agent Troy Lutman first.
Pete Ziemke, registration #16274, appeared on behalf of the licensee. Mr. Ziemke had no objection to the sequestering of witnesses; however, he asked to have Agent Herrera testify first, so that Agent Lutman wouldn't hear Agent Herrera's testimony.
Mr. Kennebeck felt the advisory witness is there to assist counsel and should not be sequestered as the other witnesses.
Chairman Taake granted Mr. Kennebeck's request to have Agent Lutman testify first and Agent Herrera act in the capacity of an advisory witness.
Mr. Kennebeck said this case arose from an incident that occurred on February 22, 2004. Police agents were called to the parking lot of the licensee's establishment to investigate an automobile accident. While conducting their investigation, Hector Saldana-Cabriales came out of the licensed premises and approached the police officers. It was discovered that he was intoxicated, under age, and had been drinking in the bar.
Agent Troy Lutman, Police Agent, appeared before the Authority and was sworn in. He testified he has been with the Lakewood Police Department for three and one-half years. He was called to the La Bailerina to investigate a vehicle suspected of being involved in a hit-and-run accident. Shortly after arriving, he witnessed Hector Saldana-Cabriales exit the bar and approach Agent Herrera. Agent Lutman noticed that Mr. Cabriales was very flamboyant, had a strong odor of alcohol, and appeared to be attempting to make a point to Agent Herrera. Agent Lutman couldn't understand what Mr. Cabriales was saying because he was speaking in Spanish. Agent Lutman said Mr. Cabriales gave the agents a Mexican Identification Card that appeared to be fictitious. He felt it was fictitious because there was no date of birth. After that Agent Herrera patted Mr. Cabriales down and found his Colorado-issued identification showing him to be a minor.
In response to questions from Attorney Ziemke, Agent Lutman said he believed Mr. Cabriales to be intoxicated because of his mannerisms and the strong odor of alcohol on his breath. He didn't see him in the bar, but witnessed him exit the bar and approach the officers. Agent Lutman said he did not question other witnesses regarding Mr. Cabriales being in the bar.
Agent Matthew Herrera, Police Agent, appeared before the Authority and was sworn in. Agent Herrera testified he has been with the Lakewood Police Department for three years and is currently assigned to patrol the north sector. He was called to the bar to assist with the suspect vehicle of a hit-and-run accident, and was the second officer on the scene. Shortly after arriving, he witnessed Mr. Cabriales exit the bar and approach him. Mr. Cabriales spoke to Agent Herrera in Spanish and asked what they were doing to his friend's car. He told Agent Herrera that his friend had been drinking with him in the bar and couldn't have been involved in the accident. Mr. Cabriales then pointed to two men sitting inside the bar at the window. Due to Mr. Cabriales's actions, Agent Herrera asked him his name and date of birth. When Mr. Cabriales told him he was born in 1979, Agent Herrera knew he was lying because that's the year he was born. He asked Mr. Cabriales for his identification, and was given a Mexican Identification Card with no date of birth.
Agent Herrera the patted down the suspect and found his Colorado-issued identification showing him to be under the age of 21. While issuing Mr. Cabriales a ticket, Mr. Cabriales began speaking English and told Agent Herrera he had been in the bar with his friends and had consumed four beers.
Agent Herrera gave Mr. Cabriales a ticket and let him go. He then entered the bar and discovered no one at the door checking I.Ds. and asked for the manager. When the manager came out of the kitchen, he was issued a citation for sale to a minor.
In response to questions from Attorney Ziemke, Agent Herrera testified that he did not question anyone in the bar to corroborate Mr. Cabriales's statements.
Mr. Ziemke asked the Authority to dismiss the case against his client. He said there were no witnesses to the minor, Mr. Cabriales, being inside the bar, and the city's case was based solely on the confession of a person who was lying to the police before they discovered his real age.
Mr. Kennebeck argued that Agent Herrera witnessed the minor exit the bar, and was told by the minor he had been drinking in the bar. He also said the manager, cited by Agent Herrera for sale of alcohol to a minor, didn't deny that the minor was in the bar.
Mr. Ziemke told the Authority this case should be dismissed because the city couldn't prove that the licensee actually served the minor. Mr. Cabriales was cited for lying to the police and now the Authority is being asked to believe his statements to the police about drinking in the bar.
After a brief discussion, the Liquor Authority voted to deny Mr. Ziemke's request for dismissal.
Jorge Gallegos-Soto, 2411 W. 39th Ave., appeared before the Authority and was sworn in. Mr. Soto testified he was the manager on duty the night of this incident and was the one who received the ticket. Mr. Soto said there was security staff working that evening, but he didn't know if Mr. Cabriales was in the bar or not, and didn't ask anyone.
Chairman Taake called a five-minute recess at 8:30 p.m.
The meeting reconvened at 8:35 p.m.
Jose Carlos Gallegos, 7131 Hooker St., appeared before the Authority and was sworn in. Mr. Gallegos testified that he has been a bartender at this location for one year, and was on duty the night in question. He said he has attended the city's training program and does know to check the identification of anyone he suspects to be under the age of 21. On nights when security is working, he doesn't check I.Ds. Mr. Gallegos said he didn't know if the minor was in the bar or not.
Ray Ortiz, 6277 W. 68th Pl., appeared before the Authority and was sworn in. Mr. Ortiz testified that he is the owner of the bar and has been the owner for approximately one year. He said the Lakewood Police were in several times between November and December of 2003, and caused business loss because of their presence. Mr. Ortiz said he has had meetings with his staff and has sent his employees to the city's training program.
Agent Herrera was called back to the stand because of Mr. Ortiz stating the amount of times the police have been into his bar. Agent Herrera testified he has been inside the bar several times for many issues and has never seen anyone at the door checking I.Ds.
Mr. Kennebeck closed by saying the city had tried to contact Mr. Cabriales to come in and testify but were unable to contact him. The licensee had the same opportunity and chose not to do so. Nor did they bring in their security staff to testify on their behalf. Mr. Kennebeck said that even though Mr. Cabriales initially lied to police, he told the truth after being caught, and there was no reason not to believe he had been in the bar drinking. Especially, since the agents saw him exit. He also said since the agent had seen Mr. Cabriales exit the bar, and smelled alcohol on him, there was no reason to investigate any further.
Mr. Ziemke closed by saying the hearsay evidence given by Agent Herrera was inadmissible because there is no corroborating evidence. The city's case boils down to the statements of a lying individual and no credible evidence.
Public testimony was closed.
The Liquor Authority discussed the issue and evidence presented to them. There was a general consensus that the licensee was guilty of allowing the sale of alcohol to a minor, but asked their attorney, Mr. Miller to present them with findings of fact at the next meeting.
Ms. Hansson moved to continue the show cause hearing of La Bailerina, L.L.C., d/b/a La Bailerina, to a date certain of September 23, 2004, to review the findings of fact and conclusion. The motion was seconded and with those present voting Aye, THE MOTION TO CONTINUE CARRIED.
ITEM 4. GENERAL BUSINESS
There was a brief 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. There was a general consensus that the Authority has been following this policy all along.
Ms. Hansson moved to adopt the policy regarding a transfer of a liquor license pending allegations or sanctions. The motion was seconded and with those present voting Aye, THE MOTION TO ADOPT THE POLICY CARRIED.
Chairman Taake informed everyone that he had booked the Mt. Vernon Country Club for this year's Christmas Party to be held on December 17, 2004.
ITEM 5. ADJOURNMENT
There being no further business to come before the Authority, Chairman Taake
adjourned the meeting at 9:30 p.m.
Laura Bock, Liquor Licensing Specialist
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