Liquor and Fermented Malt Beverage Licensing Authority Minutes for April 14, 2005 MINUTES
REGULAR MEETING OF
LAKEWOOD LIQUOR AND FERMENTED MALT BEVERAGE
LICENSING AUTHORITY

April 14, 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

Vice Chairwoman Hansson called the meeting to order at 7:00 p.m.

ITEM 2. ROLL CALL Kristina Hansson
Larry Muniz
Albert Williams
Stan Wisneski

Absent: Lorri Stevens
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. ELECTION OF CHAIRMAN

The Chairman of the Liquor Authority, Fred Taake, reached the end of his appointed term and no longer serves on the Authority. Mr. Williams moved to elect Kristina Hansson as the new Chairwoman. The motion was seconded, and with those present voting aye, THE MOTION TO ELECT A NEW CHAIRWOMAN CARRIED.

ITEM 4. APPROVAL OF MINUTES

Regular Meeting November 10, 2004
Regular Meeting February 10, 2005

Mr. Muniz moved to approve the minutes of the regular meetings held on November 10, 2004, and February 10, 2005. The motion was seconded and with those present voting aye, THE MOTION TO APPROVE THE MINUTES CARRIED.

ITEM 5. NEW APPLICATION

3.2% Off Premise Fermented Malt Beverage License
GEM Enterprises, L.L.C.
d/b/a Gas Mart
1495 S. Sheridan Blvd.

Gustave Mourdoumngar and Eric Johnston both of 2715 W. Greens Dr., Littleton, appeared before the Authority and were sworn in. Gustave said he and two others took over this business a few months previously and were getting many requests from their customers for beer.

Chairwoman Hansson asked why there were no petitions in the Authority's packets.

Secretary Laura Bock explained that the petitions were not submitted to the City Clerk's Office in a sufficient enough time period to be reviewed by the Liquor Inspector and placed in the packets. She told the applicant to bring the petitions with him to the hearing and the Authority would decide whether or not to accept them as evidence that the neighborhood "needs and desires" were met.

Attorney Kennebeck stated that it was the applicant's obligation to submit the petitions to the City Clerk's Office in a timely manner, and the applicant is notified of the timeline in writing.

Mr. Muniz moved to continue the hearing on the new application to a date certain of April 28, 2005, to allow the City Clerk's Office to review the petitions for accuracy. The motion was seconded and with those present voting aye, THE MOTION TO CONTINUE CARRIED.

ITEM 6. NEW APPLICATION

Hotel & Restaurant License
Kona Fields, Inc.
d/b/a Café Bisque
226 Union Blvd.

Alex Gurevich, 975 Alkire St., Golden, appeared before the Authority and was sworn in. He testified he has operated this restaurant for approximately 11 years serving breakfast and lunch. Mr. Gurevich would like to being serving dinner and feels he will need to provide liquor as part of the dining experience to complete in the restaurant business.

In response to questions from the Authority, he said he placed the petitions on the counter and circulated them amongst the businesses in the area. Mr.Gurevich stated he has provided training to his staff through programs sponsored by his vendors.

No one else came forward to speak in favor or opposition to this application and the public hearing was closed.

Mr. Wisneski moved to approve the Hotel & Restaurant License application of Kona Fields, Inc., d/b/a Café Bisque located at 226 Union Blvd. The motion was seconded and with those present voting aye, THE MOTION TO APPROVE THE APPLICATION CARRIED.

ITEM 6. NEW APPLICATION

Private Tavern License
Belmar Center, L.L.C.
d/b/a Belmar Center
405 S. Teller St.

Jon Stonbraker, registration #9517, appeared before the Authority on behalf of the licensee.

Max Scott, 1216 Tipperare St., Boulder, 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 for this application was conducted and the results tabulated.

Eliza Prall, 5265 Sky Trail, Littleton, appeared before the Authority and was sworn in. She testified she is the registered manager of this new facility and has been in the special events business for approximately 15 years. During that time, there have been no liquor violations. Ms. Prall explained the concept of the center and the procedures in place for the sale of alcohol.

No one else came forward to speak in favor or opposition to this application and the public hearing was closed.

Mr. Muniz moved to approve the Private Tavern License application of Belmar Center, L.L.C., d/b/a Belmar Center located at 405 S. Teller St. The motion was seconded and with those present voting Aye, THE MOTION TO APPROVE THE APPLICATION CARRIED.

ITEM 8. GENERAL BUSINESS

I. Issue complaints
(A) Issue Complaint and Order to Show Cause and set a hearing date for Scores, Inc., d/b/a The Arena, located at 146 Van Gordon St.

Attorney Kennebeck told the Authority that on two separate occasions, the Police Department witnessed the sale of alcohol to minors and there is probable cause to issue a complaint against this licensee.

Mr. Williams moved to hold to a date certain of May 12, 2005, the Complaint and Order to Show Cause Hearing for Scores, Inc., d/b/a The Arena, located at 146 Van Gordon St. The motion was seconded and with those present voting aye, THE MOTION TO ISSUE A COMPLAINT CARRIED.

(B) Issue Complaint and Order to Show Cause and set a hearing date for Mile High Inn & Suites, L.L.C., d/b/a Mile High Inn & Suites, located at 11595 W. 6th Ave.

Attorney Kennebeck told the Authority that police agents conducted an investigation relating to the sale of alcohol to minors and believe they have probable cause to hold a hearing.

Mr. Muniz moved to hold to a date certain of May 26, 2005, the Complaint and Order to Show Cause Hearing for Mile High Inn & Suites, L.L.C., d/b/a Mile High Inn & Suites, located at 11595 W. 6th Ave. The motion was seconded and with those present voting aye, THE MOTION TO ISSUE A COMPLAINT CARRIED.

(C) Issue Complaint and Order to Show Cause and set a hearing date for Pinnacle Food & Beverage Group, L.L.C., d/b/a Lakewood Wingstop, located at 1057 S. Wadsworth Blvd.

Attorney Kennebeck said this complaint and the remaining five, is the result of an alleged sale to minor violation that occurred during a recent compliance check conducted by the Police Department.

Mr. Wisneski moved to hold to a date certain of May 12, 2005, the Complaint and Order to Show Cause Hearing for Pinnacle Food & Beverage Group, L.L.C., d/b/a Lakewood Wingstop, located at 1057 S. Wadsworth Blvd. The motion was seconded and with those present voting aye, THE MOTION TO ISSUE A COMPLAINT CARRIED.

(D) Issue Complaint and Order to Show Cause and set a hearing date for 7-Eleven, Inc., d/b/a Seven Eleven #13068, located at 2641 S. Estes St.

Mr. Williams moved to hold to a date certain of May 26, 2005, the Complaint and Order to Show Cause Hearing for 7-Eleven, Inc., d/b/a Seven Eleven #16068, located at 2641 S. Estes St. The motion was seconded and with those present voting aye, THE MOTION TO ISSUE A COMPLAINT CARRIED.

(E) Issue Complaint and Order to Show Cause and set a hearing date for Continental Discount Liquors, Inc., d/b/a Continental Discount Liquors, located at 660 S. Wadsworth Blvd.

Mr. Muniz moved to hold to a date certain of May 26, 2005, the Complaint and Order to Show Cause Hearing for Continental Discount Liquors, Inc., d/b/a Continental Discount Liquors, located at 650 S. Wadsworth Blvd. The motion was seconded and with those present voting aye, THE MOTION TO ISSUE A COMPLAINT CARRIED.

(F) Issue Complaint and Order to Show Cause and set a hearing date for Brew Boys, Inc., d/b/a Ironworks Brewery & Pub, located at 12354 S. Alameda Pkwy. #160.

Mr. Wisneski moved to hold to a date certain of June 9, 2005, the Complaint and Order to Show Cause Hearing for Brew Boys, Inc., d/b/a Ironworks Brewery & Pub, located at 12354 W. Alameda Pkwy. #160. The motion was seconded and with those present voting aye, THE MOTION TO ISSUE A COMPLAINT CARRIED.

(G) Issue Complaint and Order to Show Cause and set a hearing date for Massey & Co., Inc., d/b/a Mini Food Store #2, located at 495 Sheridan Blvd.

Mr. Williams moved to hold to a date certain of June 9, 2005, the Complaint and Order to Show Cause Hearing for Massey & Co., Inc., d/b/a Mini Food Store #2, located at 495 Sheridan Blvd. The motion was seconded and with those present voting aye, THE MOTION TO ISSUE A COMPLAINT CARRIED.

(H) Issue Complaint and Order to Show Cause and set a hearing date for B&N Liquors, Inc., d/b/a B&N Liquors, located at 7560 W. Jewell Ave.

Mr. Muniz moved to hold to a date certain of June 9, 2005, the Complaint and Order to Show Cause Hearing for B&N Liquors, Inc., d/b/a B&N Liquors, located at 7560 W. Jewell Ave. The motion was seconded and with those present voting aye, THE MOTION TO ISSUE A COMPLAINT CARRIED.

II. Discussion of Liquor Authority packets

The Liquor Authority felt they no longer needed every piece of paper included in new applications since both the Police Department and City Attorney had reviewed all documentation. They asked to be given the following documents only:

Application Preliminary Findings Letter
Individual History Record Boundary Letter
All Affidavits Petitions
Diagram Document Checklist
The Authority also asked the secretary to have a complete application packet available at the hearing in case and issue with the application comes up during the meeting.

ITEM 9. ADJOURNMENT

There being no further business to come before the Authority, Chairwoman Hansson adjourned the meeting at 8:30 p.m.

Laura Bock, Liquor Licensing Specialist