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January 26, 2006
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
Chairwoman Hansson called the meeting to order at 7:00 p.m.
ITEM 2. ROLL CALL Kristina Hansson - Presiding
John Danahey
Michael O'Neill
Stanley Wisneski
Absent: Larry Muniz
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 - SHOW CAUSE HEARING (Continued to February 9, 2006)
3.2% Off Premises Liquor License
Wal-Mart, Inc.
d/b/a Wal-Mart Supercenter
7455 W. Colfax
The hearing was continued to February 9, 2006 to allow the manager of Wal-Mart
Supercenter to attend the hearing.
ITEM 4 - SHOW CAUSE HEARING
Retail Liquor Store License
Ki Hou & Young Sook Kim
d/b/a Spirit Plus Liquors
777 Simms St.
Mr. Kennebeck stated the basis of the complaint was "Sale to a Minor" that occurred on November 15, 2005 as a result of a police compliance check. Mr. Kennebeck stated he spoke to the owners and they were willing to admit to the violation and are interested in paying a fine in lieu of the suspension. Mr. Kennebeck stated this is a first offence for the licensees and that the licensee's son would act as translator for his father.
Ki Hou Kim, 12111 W. Colfax Ave., Lakewood, CO 80205, the owner of Spirit Plus Liquors, was sworn in.
Dan Kim, 68 Rogers Ct., Golden, CO 80401, Mr. Ki Hou Kim's son, was sworn in.
Mr. Wisneski made a motion to approve the stipulation between the Deputy City Attorney and Ki Hou & Young Sook Kim, d/b/a Spirits Plus Liquors. The motion was seconded. Vote: 4 Ayes 0 Nays. THE MOTION CARRIED.
Mr. Dan Kim stated his cousin, who was working at Spirit Plus Liquors at the time of the incident, asked to see the I.D. of the young lady who came in to buy the alcohol. The young lady stated she did not have her I.D. with her. Mr. Dan Kim stated the young lady convinced his cousin that she was over 21 years of age and Mr. Kim's cousin sold the alcohol to the young lady that night. Mr. Dan Kim stated his cousin is going to attend one of the training classes and in the future there will be a strict policy to I.D. anyone under 30 years of age.
Mr. Wisneski made a motion that the following penalty be imposed upon Ki Hou & Young Sook Kim d/b/a Spirit Plus Liquors. A suspension of ten days be imposed and that five of the days be held in abeyance for a period of one year, commencing on January 27, 2006, and if there are no violations of the Colorado and Lakewood codes during the next year, the period held in abeyance will be dismissed. In the event a violation does occur within one year from January 27, 2006, regardless of when the hearing on such violation should be held, the time held in abeyance be imposed after such hearing in addition to any other penalty. The balance of the suspension will begin at 8:00 a.m. January 27, 2006 and end on February 1, 2006 at 8:00 a.m. The motion was seconded. Vote: 4 Ayes and 0 Nays. THE MOTION CARRIED.
Mr. Dan Kim stated his father, Mr. Ki Hou Kim, would like to pay a fine in lieu of suspension.
Mr. Wisneski made a motion that Ki Hou & Young Sook Kim d/b/a Spirit Plus Liquors, be permitted to pay a fine in lieu of five days actual suspension imposed. The motion was seconded. Vote: 4 Ayes 0 Nays. THE MOTION CARRIED.
ITEM 5- SHOW CAUSE HEARING
Retail Liquor Store License
Cho's Liquors, Inc.
d/b/a Trading Post Liquors
3333 S. Wadsworth Blvd.
Mr. Kennebeck stated the basis of the complaint, "Sale to a Minor", occurred on November 15, 2005 as a result of a police compliance check. Mr. Kennebeck stated the owner would like to admit to the violation and this is a first offence.
Mr. Steve Lee, Attorney Registration No. 10969, stated that he was representing Trading Post Liquors.
Jae Cho, 3333 S. Wadsworth Blvd., Lakewood, CO 80226, was sworn in and stated he was the owner of Trading Post Liquors.
Mr. Lee stated that, according to Mr. Kennebeck, the standard policy for the Authority was 10 days suspension with five days held in abeyance for one year and to pay a fine in lieu of the five days suspension. Mr. Lee requested that in this circumstance, the Liquor Licensing Authority hold more than five days in abeyance thereby reducing the number of days his client would pay the fine in lieu of suspension. Mr. Lee stated that Mr. Kennebeck had indicated that the standard policy is applied to the licensee regardless of the type of business that the licensee operates. Mr. Lee stated that his firm has a substantial number of clients who have 3.2% Off Premises Liquor Licenses and, in his experience, the 3.2 % liquor licenses do not generate more than $100 a day in sales of 3.2% beer. He stated that someone with a 3.2 Liquor License will have a total of $500 total gross sales for five days and that 20% of their sales will be below the statutory minimum of $200. Mr. Lee stated that the liquor store is Mr. Cho's sole source of income for his family and that Mr. Cho's business does on a week day, $2,000 a day in gross sales and on a weekend, he might do $2,500 to $3,000 a day in gross sales. Mr. Lee stated the Authority might wish to consider a fine based on less than five days of suspension, perhaps two days of suspension with eight days held in abeyance. Mr. Lee stated that a Safeway, a King Soopers or a Conoco station could easily pay that $200 fine. Mr. Lee stated that based on sales of $2000 a day, 20% of Mr. Cho's gross sales will be a $2000 fine. Mr. Lee stated that it's not really fair that a Conoco station pays $200 for a fine whereas a liquor storeowner has to pay $2000.
Mr. Wisneski made a motion to approve the stipulation between the Deputy City Attorney and Cho's Liquors, Inc., d/b/a Trading Post Liquors. The motion was seconded. Vote: 4 Ayes 0 Nays. THE MOTION CARRIED.
Mr. Lee stated this is the first violation for Mr. Chan, the sales clerk. Mr. Lee stated Mr. Chan's wife gave birth to their first child on October 28, 2005 and the child was readmitted to the hospital around November 7, 2005 and was diagnosed as being jaundiced. The child stayed in the hospital until November 15th or November 16th. Mr. Lee stated that Mr. Chan was spending all of his time either at the hospital or working for Mr. Cho at the liquor store. On the evening of the compliance check, Mr. Chan had just returned from the hospital and was tired and concerned about his child. Mr. Chan did not follow the store's procedures and did not ask for an I.D. Since this incident took place, both Mr. Cho and Mr. Chan have gone through training to ensure that this does not happen again. Mr. Lee stated that to show just how seriously Mr. Cho takes his responsibility to operate his liquor store and not sell alcohol to a minor, Mr. Cho brought in a packet of fake or altered driver's licenses that he has confiscated since his store has been opened.
There was a question and answer period between the Liquor Licensing Authority and Mr. Lee.
There was a discussion between the Liquor Licensing Authority members.
Mr. Wisneski made a motion that the following penalty be imposed upon Cho's Liquors, Inc., d/b/a Trading Post Liquors. A suspension of ten days be imposed and that five of the days be held in abeyance for a period of one year, commencing on January 27, 2006, and if there are no violations of the Colorado and Lakewood codes during the next year, the period held in abeyance will be dismissed. In the event a violation does occur within one year from January 27, 2006, regardless of when the hearing on such violation should be held, the time held in abeyance be imposed after such hearing in addition to any other penalty. The balance of the suspension will begin at 8:00 a.m. January 27, 2006 and end on February 1, 2006 at 8:00 a.m. The motion was seconded. Vote: 4 Ayes and 0 Nays. THE MOTION CARRIED.
Mr. Lee stated Mr. Cho would like to pay a fine in lieu of suspension.
Mr. Wisneski made a motion that Cho's Liquors, Inc., d/b/a Trading Post Liquors, be permitted to pay a fine in lieu of five days actual suspension imposed. The motion was seconded. Vote: 4 Ayes 0 Nays. THE MOTION CARRIED.
ITEM 6 - GENERAL BUSINESS
Mr. Kennebeck stated there was a complaint for an alleged "Sale to a Minor" for Red Coach Inn. The Lakewood Police Department was called to the Red Coach Inn for a disturbance that was going on there and, as a result of this incident, one of the police agents was checking the patrons in the bar and viewed the I.D. of one of the women in the bar who had been drinking there and was 20 years of age. The woman admitted that she was underage.
Mr. Wisneski made a motion to serve a notice of hearing and Order to Show Cause why the Tavern Liquor License held by 6560 Corporation d/b/a Red Coach Inn, 6560 W. Colfax Ave., should not be suspended or revoked, such hearing to be held on February 23, 2006. The motion was seconded. Vote: 4 Ayes 0 Nays. THE MOTION CARRIED.
ITEM 7 - ADJOURNMENT
There being no further business to come before the Authority, Chairwoman Hansson
adjourned the meeting at 8:40 p.m.
Joyce Wamboldt, Liquor Licensing Specialist
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