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September 23, 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
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. FINDINGS OF FACT
Hotel & Restaurant License
La Bailerina, L.L.C.
d/b/a La Bailerina
5660 W. Colfax Ave.
Ms. Hansson read the Findings of Fact and Conclusion.
I. Findings of Fact
A. The licensee holds a Hotel & Restaurant Liquor License for the premises known as La Bailerina, located at 5660 W. Colfax Avenue, Lakewood, Colorado and therefore the Authority has jurisdiction over this matter.
B. Notice of these proceedings, the Complaint, and the Order to Show Cause were properly served upon the licensee.
C. On February 22, 2004, at about 7:30 p.m., Lakewood Police Agents Luttman and Herrera, among others, went to the licensed premises on a report that a vehicle involved in a hit and run was parked in the parking lot of the licensee.
D. Agent Luttman observed Agent Herrera examining the suspect vehicle and further observed an individual, later identified as Hector Saldana-Cabriales, exit the licensed premises and approach Herrera.
E. Agent Luttman overheard some of the conversation in Spanish and, additionally, saw Saldana-Cabriales give Agent Herrera what was subsequently identified as a false Mexican identification card that did not have age information.
F. Agent Luttman observed that Saldana-Cabriales had been drinking based upon a strong odor of alcohol, but didn't think he was intoxicated.
G. Agent Luttman heard Saldana-Cabriales give what was determined to be false name and age information.
H. Agent Herrera observed Saldana-Cabriales exit the licensed premises and approach him asking what the problem was with the car.
I. When the agent explained to Saldana-Cabriales why he was looking at the car, Saldana-Cabriales stated that the car belonged to his friend, gesturing toward two people seated at a table near the window inside the licensed premises, and they had been together in the bar.
J. All of the initial conversation with Saldana-Cabriales was in Spanish.
K. When the agent attempted to determine Saldana-Cabriales' name and age, there were at least two exchanges of false information, and presentation of a false Mexican identification, all of which were challenged by the agent after being unable to confirm the information.
L. When the agent located a valid Colorado Identification on Saldana-Cabriales' person after a frisk, Saldana-Cabriales began conversing in good English, confirmed his real name, and advised the agent he had four beers in the licensed premises with this friends.
M. Agent Herrera then entered the licensed premises, observed the table that Saldana-Cabriales had been gesturing toward from outside where two men were seated, observed one empty chair at the table and observed many beer bottles on the table.
N. The agent observed no security at the door, located the manager who was working in the kitchen and cited him for service to a minor.
O. While citing the manager, the agent observed a number of people enter the licensed premises without being checked for age by anyone.
P. No employee of the licensee denied that Saldana-Cabriales was on the licensed premises.
Q. The Authority finds as a fact that the statement by Saldana-Cabriales regarding his service and consumption of four beers on the licensed premises is reliable, trustworthy, and probative, based in large part, upon the following additional factors:
i. That Saldana-Cabriales had no apparent bias toward the licensee and no perceivable reason to lie;
ii. The statement was an admission of under age consumption, a violation of the law;
iii. There was no competent evidence that the service to and consumption by the minor did not occur;
iv. The statement was corroborated by the agent's observation of the empty chair at the table the minor indicated he had been at, with many beer bottles on the table;
v. The police had attempted to contact the minor, although he was fully informed regarding the nature of the charge and the city's evidence prior to the hearing.
II. Conclusions
Based upon the findings of fact, the Authority concludes that the licensee, La Bailerina, L.L.C., d/b/a La Bailerina, did violate C.R.S. 12-47-901(1)(a), by permitting the service of a person under the age of twenty-one years, Hector Saldana-Cabriales, a person twenty years of age, on February 22, 2004.
Mr. Wisneski moved to accept the Findings of Fact and Conclusion as entered into the record. The motion was seconded and the vote was 6 ayes, 0 nayes, 1 abstention (Mr. Wolfe). THE MOTION TO ACCEPT THE FINDINGS OF FACT CARRIED.
Mr. Kennebeck reminded the Authority that this was a first violation for this licensee.
Ms. Hansson moved the following penalty be imposed: a suspension of 10 days with five days held in abeyance for one year commencing September 24, 2004. The balance of the suspension is to begin at 7:00 a.m., September 24, 2004, and end at 7:00 a.m. September 29, 2004. The motion was seconded and the vote was 6 ayes, 0 nays, and 1 abstention (Mr. Wolfe). THE PENALTY MOTION CARRIED.
The licensee, Mr. Ortiz, petitioned the Authority to pay a fine in lieu of suspension.
Mr. Muniz moved to allow La Bailerina, L.L.C., d/b/a La Bailerina to pay a fine in lieu of suspension. The motion was seconded and the vote was 6 ayes, 0 nays, 1 abstention (Mr. Wolfe). THE MOTION TO PAY A FINE IN LIEU OF SUSPENSION CARRIED.
ITEM 4. NEW APPLICATION
Hotel & Restaurant License
Le Peep of Denver West, L.L.C.
d/b/a Blue Sky Café & Juice Bar
14403 W. Colfax Ave.
Mr. Kennebeck told the Authority this is an existing restaurant that has applied for a liquor license. He said he reviewed the file and all the paperwork appeared to be in order.
Tina Trammell, 8453 W. Iliff Ave., appeared before the Authority and was sworn in. She testified she has been operating this restaurant since 1998. She has years of experience in the restaurant business and is aware of the rules and regulation regarding the sale of alcohol. She submitted petitions in which she obtained signature both by canvassing the neighborhood and placing the petitions on the counter.
No one appeared to speak in favor or opposition to this application and the public hearing was closed.
Mr. Wolfe moved that the application for a hotel & restaurant license for Le Peep of Denver West, L.L.C., d/b/a Blue Sky Café & Juice Bar, 14403 W. Colfax Ave.be approved. The motion was seconded, and with those present voting Aye, THE MOTION TO APPROVE THE APPLICATION CARRIED.
ITEM 5. GENERAL BUSINESS
There was no general business to discuss.
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
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