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February 9, 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
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 - NEW APPLICATION
Hotel & Restaurant License
ZRC Operations, Inc.
d/b/a Qdoba Mexican Grill
7611 West Colfax
Kevin Browene, 7423 W. 93rd. Place, Westminster, CO 80021, was sworn in and stated he is the Regional Manager for Qdoba Mexican Grill. Mr. Browene stated they do not sell a lot of alcohol but wanted to be able to sell it to those who would like to drink it. Mr. Browene stated that less than 1% of their total sales is due to alcohol. Mr. Browene explained Qdoba Mexican Grill's procedures to prevent the sale of alcohol to minors.
There was a question and answer period between the Liquor Authority and Mr.
Browene.
Erik Juhnke, 2369 Dogwood Circle, Erie, CO. 80516, was sworn in and stated he
is the Key Training Manager for Qdoba Mexican Grill. Mr. Juhnke explained Qdoba
Mexican Grill's training program.
Jerry Wheeler, 7645 E. Quincy, #207, Denver, CO 80237, was sworn in and stated he is an employee for Esquire Petitioning Services, Inc. Mr. Wheeler explained the procedures used to circulate the petitions.
There was a question and answer period between the Liquor Authority and Mr. Wheeler.
Mr. Muniz moved to approve the application for a Hotel and Restaurant Liquor License for ZRC Operations, Inc. d/b/a Qdoba Mexican Grill located at 7611 West Colfax. The motion was seconded and with all members of the Authority voting aye, THE MOTION CARRIED.
ITEM 4 - SHOW CAUSE HEARING (Continued from January 26, 2006)
3.2% Off Premises Liquor License
Wal-Mart, Inc.
d/b/a Wal-Mart Supercenter
7455 W. Colfax
Mr. Kennebeck stated this complaint arose out of a compliance check that occurred on November 15, 2005 by the Lakewood Police Department. Mr. Kennebeck stated this is a new store, it is a first violation and that Wal-Mart would like to pay a fine in lieu of suspension.
Jody O'Neal, 8422 Goldeneye Drive, Parker, CO 80134, was sworn in and stated he is the Food Co-Manager of the store.
Howard Haylor, 6214 Red Canyon Dr., Highlands Ranch, CO 80130, an employee of Wal-Mart, was sworn in.
Mr. Wisneski made a motion to approve the stipulation between the Deputy City Attorney and Wal-Mart, Inc., d/b/a Wal-Mart Supercenter. The motion was seconded. Vote: 7 Ayes 0 Nays. THE MOTION CARRIED.
Mr. O'Neal admitted to the violation and explained the guidelines that Wal-Mart has in place to prevent violations. Mr. O'Neal stated the sales clerk was terminated after receiving the violation. The sales clerk had taken the training and had passed the test with 100%. When the cash register prompted her to check the I.D., the sales clerk hit "no" and did not check the I.D.
There was a question and answer period between the Liquor Licensing Authority and Mr. O'Neal.
Mr. Wisneski made a motion that the following penalty be imposed upon Wal-Mart, Inc., d/b/a Wal-Mart Supercenter. 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 February 10, 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 February 10, 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 5:00 a.m. February 10, 2006 and end on February 15, 2006 at 5:00 a.m. The motion was seconded. Vote: 7 Ayes and 0 Nays. THE MOTION CARRIED.
Mr. O'Neal asked to pay a fine in lieu of suspension.
Mr. Muniz made a motion that Wal-Mart, Inc., d/b/a Wal-Mart Supercenter, be permitted to pay a fine in lieu of five days actual suspension imposed. The motion was seconded. Vote: 6 Ayes and 1 Nay. The one nay was Mr. O'Neal. THE MOTION CARRIED.
ITEM 5 - GENERAL BUSINESS
There being no further business to come before the Authority, Chairwoman Hansson adjourned the meeting at 7:50 p.m.
ITEM 6 - ADJOURNMENT
Joyce Wamboldt, Liquor Licensing Specialist
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