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February 10, 2005
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
Lorri Stevens
Stan Wisneski
Absent: Albert Williams
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. APPROVAL OF MINUTES
Regular Meeting December 9, 2004
Mr. Wisneski moved to approve the minutes of the regular meeting held on December 9, 2004, The motion was seconded and with those present voting aye, THE MOTION TO APPROVE THE MINUTES CARRIED.
ITEM 4. NEW APPLICATION
3.2% Off Premise Fermented Malt Beverage License
Wal-Mart, Inc.
d/b/a Wal-Mart Super Center #2125
7455 W. Colfax Ave.
Mr. Kennebeck told the Authority he had reviewed the application and all the documentation appeared to be in order.
Max Scott, 1216 Tipperare St., appeared before the Authority and was sworn in. He testified that he is the owner/operator of Oedipus, Inc., a professional survey company. Mr. Scott explained how the survey was conducted and the results tabulated.
Ted Carlton, 7455 W. Colfax Ave., appeared before the Authority and was sworn in. He testified he is the manager of the new store. Mr. Carlton gave the Authority a brief summary of the company's policy and prevention measures regarding the sale of alcohol to minors. In response to questions from the Authority, Mr. Carlton could not provide an answer as to why there have been 10 liquor violations in the different Colorado stores. He did state that their point-of-sale system requires inputting a birth date for alcohol purchases but it can be overwritten.
No one else came forward to speak in favor or opposition to this license application and the public hearing was closed.
Mr. Kennebeck advised the Authority that the Lakewood Police Department had not concluded their investigation of this applicant and suggested the Liquor Authority approve this license contingent upon police approval.
Ms. Hansson moved to approve the 3.2% Off Premise Fermented Malt Beverage License application for Wal-Mart, Inc., d/b/a Wal-Mart Super Center #2125 located at 7455 W. Colfax Ave. The motion was seconded and with those present voting Aye, THE MOTION TO APPROVE THE APPLICATION CARRIED.
ITEM 5. GENERAL BUSINESS
Mr. Kennebeck asked to change the order of items to be discussed under General Business because there is two individuals present who wished to speak on the matter listed on the agenda as item (B).
(A) Discuss public licenses being used for private purposes
Deputy City Attorney Kennebeck asked the Authority to reference the memorandum he drafted regarding allowing public class liquor licenses to be used for private purposes. He also referenced a position statement from the Colorado Department of Revenue Liquor Enforcement Division that supports this activity as long as the public is made aware through the petition and publication process that the applicant's intent is to use the license in a private matter.
The Authority asked Mr. Kennebeck why the city had a change of position from a year ago when they didn't want these public licenses used privatly and the Authority amended their rules and regulations to support that position.
Mr. Kennebeck responded that a new application over at Belmar was forthcoming. The applicant wishes to apply for a tavern license for an event center to be used on a rental basis. In doing some research he discovered that other municipalities allow this usage and there are approximately 15 to 20 of these licenses throughout the state.
Max Scott, owner of Oedipus, Inc., appeared before the Authority. He explained to the Authority that he has conducted the "needs and desires" survey for approximately 15 to 20 of these licenses, all with great success. Mr. Scott said the petitions for these licenses specifically state, "For Private Use" and the individuals collecting the signatures explain at the door that the application is for a private use facility.
In response to questions from the Authority, Sergeant Mike Becker with the Lakewood Police Department said there is nothing prohibiting the police department from entering these establishments during a private function. Also, the licensee must still control the premises and be responsible for following all the liquor laws.
Jon Stonbraker, attorney for the applicant, appeared before the Authority. He said he will be submitting an application for an event center at the Belmar Center and wanted to get straight with the city before filing the application. Mr. Stonbraker believes that approximately 23 years ago an employee with the state told everyone that if you had a public license, you must allow the public to enter at all times. Mr. Stonbraker believes the state wants to ensure that licensees aren't discriminating against anybody based on color, gender, or religion and that doctrine has been twisted around to mean licensees must be open to the public at all times. Mr. Stonbraker has represented three to four applicants in obtaining private use licenses in other jurisdictions with no protests.
Ms. Hansson moved to repeal rules and regulations #20 and adopt, "A public
class liquor license for private use may be issued by the Lakewood Liquor Authority
upon the following conditions:
1. the applicant has met all the requirements set forth in the Colorado Liquor
Code and Lakewood Municipal Code for issuance of the underlying class of license
being sought
2. proper notice has been provided through publication, posting, and the petition
process for needs and desires that the public license is to be used by the applicant
as a private facility
3. upon approval of the application, the Liquor Authority adopt a specific finding
that the private club aspect of the license meets local needs and desires."
The motion was seconded and with those present voting aye, THE MOTION TO AMEND THE AUTHORITY'S RULES AND REGULATIONS CARRIED.
(B) Discuss amending the Liquor Authority's Rules and Regulations regarding liquor license renewal applications with outstanding city sales tax.
Liquor Licensing Specialist Laura Bock explained to the Authority how over the past years the city has processed and approved liquor license renewal applications even if the applicant owes outstanding city sales tax. In an effort to assist the Finance Department in collecting delinquent city sales tax, Ms. Bock asked the Authority to allow the City Clerk to hold up the renewal until either the outstanding city sales tax is paid or the matter is referred to the Authority for a non-renewal hearing.
Ms. Hansson moved to repeal rules and regulations #10(B) and approve the following language for a new rules and regulation #10(B): "Upon receipt of a renewal application, the City Clerk shall assemble the file of the applicant. The file shall contain all of the city records regarding the applicant and the premises for the previous year. It will be presumed that the occupied premises comply with applicable ordinances, statutes, and regulations; the character of the applicant continues to be satisfactory; the license continues to meet the reasonable requirements of the neighborhood and desires of the adult inhabitants; and all city sales tax has been satisfied. The City Clerk shall administratively approve the renewal application." The motion was seconded and with those present voting aye, THE MOTION TO REPEAL AND REENACT RULE 10(B) CARRIED.
ITEM 6. 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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