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October 28, 2004
A 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
Al Williams
Absent: Lorri Stevens
Stan Wisneski
Mark Wolfe
Also present: Paul Kennebeck, Deputy City Attorney
Full and timely notice of this meeting had been given and a quorum was present.
ITEM 3. SANCTION REVIEW
Hotel & Restaurant License
La Bailerina, L.L.C. d/b/a La Bailerina
5660 W. Colfax Ave.
Mr. Kennebeck explained to the Authority this licensee appeared before them
on September 9, 2004, for a Show Cause Hearing stemming from an incident on
February 22, 2004, at this establishment. On September 23, 2004, the licensee
appeared before them again to hear the Findings of Fact and be advised of the
sanctions against them. Mr. Kennebeck said the licensee requested to pay a fine
in lieu of five days of active suspension and was granted that request. A representative
of the city's Finance Department went to the licensed establishment on October
7, 2004, to conduct an audit of the licensee's books and records. Due to the
manner in which the licensee keeps its books, the Sales Tax Auditor was unable
to determine the amount of alcohol sales for the sanction period.
Mr. Kennebeck stated that per the Colorado Liquor Code, the licensee must keep
his books and records in a manner in which alcohol sales can be determined.
Since the licensee maintained no cash register or ledgers, Mr. Kennebeck asked
that the licensee serve the five days suspension originally imposed.
Ray Ortiz, 6277 W. 68th Pl., appeared before the Authority and was sworn in. He said he had provided his daily cash totals to the auditor but would accept whatever sanctions the Authority recommended.
Ms. Hansson moved to impose the original five-day suspension on the Hotel & Restaurant License of La Bailerina, L.L.C., d/b/a La Bailerina, 5660 W. Colfax Ave. The suspension is to begin at 7:00 a.m. October 29, 2004, and end at 7:00 a.m. November 3, 2004. The motion was seconded, and with those present voting aye, THE MOTION TO IMPOSE THE ORIGINAL SUSPENSION CARRIED.
ITEM 4. SHOW CAUSE HEARING
Tavern License
Leonid Stolyar
d/b/a C P's Easy Time Tavern
Mr. Kennebeck told the Authority a complaint was issued against this licensee for a gambling violation that occurred in May 2003. The city and the licensee, through his attorney, have reached a stipulation. Mr. Kennebeck said the licensee has agreed to sell the business and transfer his liquor license no later than January 31, 2005. If he doesn't transfer the license by that date, he must surrender the license on February 1, 2005.
Doug McKinnon, registration #608, appeared before the Authority on behalf of the licensee. He testified that Mr. Kennebeck's statements were correct and the licensee would adhere to the stipulation.
Mr. Muniz moved to accept the stipulation between the Deputy City Attorney and Leonid Stolyar, d/b/a C P's Easy Time Tavern. The motion was seconded, and with those present voting aye, THE MOTION TO ACCEPT THE STIPULATION CARRIED.
ITEM 5. MODIFICATION OF PREMISE
Tavern License
US 40 Development, Inc. d/b/a US 40 Brew Pub
8529 W. Colfax Ave.
Mr. Kennebeck told the Authority this licensee was seeking approval for the expansion of his current liquor-licensed premises. He reviewed the application and everything appeared to be in order.
Sean Louser, 8529 W. Colfax Ave., appeared before the Authority and was sworn in. He testified to applying for a modification of premises that would allow him to add an additional unit on to his current licensed premises. Mr. Louser told the Authority he had petitioned the neighborhood himself and received no objections. He also explained that he had hired additional employees and had already sent them to the city's training class.
Mr. Muniz moved to approve the modification of premises application for US 40 Development, Inc., d/b/a US 40 Brew Pub, 8529 W. Colfax Ave. The motion was seconded, and with those present voting aye, THE MOTION TO APPROVE THE MODIFICATION APPLICATION CARRIED.
ITEM 6. NEW APPLICATION
Hotel & Restaurant License
P.F. Chang's China Bistro, Inc. d/b/a P.F. Chang's China Bistro
7210 W. Alameda Ave.
Mr. Kennebeck told the Authority this was an application for a Hotel & Restaurant License to be located at the new Belmar development. He said he reviewed the application and all the documents appeared to be in order.
Robert Dill, registration #5725, appeared before the Authority on behalf of the licensee.
Robert Remmington, 7210 W. Alameda Ave., appeared before the Authority and was sworn in. He testified he is the General Manager for the applicant and has been with the company for approximately eight years. Mr. Remmington said he was TIPS certified and provides alcohol training to the staff. He explained the concept of the restaurant, the hours of operation, and the type of food to be offered. Mr. Remmington also told the Authority about company policy regarding the sale of alcohol to minors.
Max Scott, 1216 Tipperare, appeared before the Authority and was sworn in. He testified to his company, Oedipus, Inc., being hired to conduct the "needs and desires: survey for this license application. Mr. Scott explained how the survey was conducted and the resulting data. He testified to a positive response from the neighborhood.
Mr. Dill asked the Authority to allow the original petitions, submitted on behalf of the applicant, to be entered into the record as Applicant's Exhibit #1.
The request was granted.
No one else appeared before the Authority to speak in favor or opposition to this license application being granted, and the public hearing was closed.
After a brief discussion amongst themselves, Mr. Muniz moved to approve the application for a Hotel & Restaurant License of P.F. Chang's China Bistro, Inc., d/b/a P.F. Chang's China Bistro, 7210 W. Alameda Ave. The motion was seconded, and with those present voting aye, THE MOTION TO APPROVE THE APPLICATION CARRIED.
ITEM 7. GENERAL BUSINESS
Issue complaint and order to show cause and set hearing date for County Cork Bar & Lounge, Inc., d/b/a County Cork Bar & Lounge, located at 11810 W. Colfax Ave.
Deputy City Attorney Kennebeck asked the Authority to review the charges against County Cork Bar & Lounge and find probable cause that a violation occurred on August 29, 2004.
Ms Hansson moved to serve notice and hold to a date certain of December 9, 2004, the complaint and order to show cause hearing for County Cork Bar & Lounge, Inc., d/b/a County Cork Bar & Lounge, located at 11810 W. Colfax Ave. The motion was seconded, and with those present voting aye, THE MOTION TO ISSUE A COMPLAINT CARRIED.
ITEM 8. ADJOURNMENT
There being no further business to come before the Authority, Chairman Taake
adjourned the meeting at 8:30 p.m.
Laura Bock, Liquor Licensing Specialist
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