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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
Absent: 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 October 13, 2005
Regular Meeting October 27, 2005
Regular Meeting November 10, 2005
Regular Meeting December 8, 2005
Mr. Wisneski stated that in the December 8, 2005 minutes on page 6, his name is misspelled and needs to be corrected.
Mr. Wisneski made a motion to accept the meeting minutes of October 13, 2005, October 27, 2005, November 10, 2005 and December 8, 2005, with the correction on page 6. The motion was seconded. Vote: 6 Ayes 0 Nays. THE MOTION CARRIED.
Mr. Danahey stated that he would have to leave at 8:30 p.m.
ITEM 4 - SHOW CAUSE HEARING
Tavern License
Frontier Inn, Inc.
d/b/a Frontier Tavern
1195 S. Sheridan Blvd.
Mr. Kennebeck addressed the Authority and stated the complaint for nonrenewal of the liquor license was issued because there were four violations that occurred over the past year and the liquor license was up for renewal. Mr. Kennebeck stated he has had several conversations with the licensee's attorney, Mr. Douglas McKinnon, with the police department, and the City Clerk's office regarding this case. Mr. Kennebeck stated the owner has been at this location for a long time and there have been no prior violations. Mr. Kennebeck stated they have discussed possible sanctions as compared to not renewing their license. Mr. Kennebeck stated that after several discussions with Mr. McKinnon and the Police Department, with approval from the Liquor Authority, he asked that a possible seven day suspension be served with no fine in lieu of suspension. Mr. Kennebeck stated that Mr. McKinnon and the Police Department felt this would be an appropriate penalty for the circumstances. Mr. Kennebeck stated the Liquor Authority would, of course, have the final say in the matter.
Douglas McKinnon, Registration No. 608, stated that he represented the sole owner of Frontier Tavern.
James Linenberger, 14 Colorado Blvd., Denver, CO. 80206, was sworn in and stated he is the owner of the Frontier Tavern. Mr. Linenberger stated he has had the bar for a long time and, as he has gotten older, he has had to rely on others to help him run the bar. Mr. Linenberger stated that he hired a fellow and his wife because he thought they were capable and they had worked in the bar business for a long time and they seemed competent to him. Mr. Linenberger stated he made a bad choice. He stated he had hired a man that had sold him a "bill of goods" and he believed him all the way. Mr. Linenberger stated he has changed his help, changed his management and changed a whole bunch of things that were wrong. Mr. Linenberger asked the Authority to give him another chance and that he would make them proud.
Mr. KcKinnon stated that as soon as the complaint was issued and Mr. Linenberger became aware of the very serious circumstances, Mr. Linenberger looked into the problem and concluded that the problems were his fault and nobody else's. Mr. Mckinnon stated that Mr. Linenberger hired someone that he had confidence in and it didn't work out. Mr. McKinnon stated the manager did not do what Mr. Linenberger thought should be done and that the manager was terminated as soon as Mr. Linenberger received the complaint. Mr. McKinnon stated that Mr. Linenberger then hired Mr. Ron Johnson, who has had a lot of experience, 38 years with the military with Special Forces, and is very familiar with the bar business. Mr. McKinnon stated that Mr. Linenberger has been in business for 25 years and this is the first time he has appeared in front of the Liquor Authority. Mr. McKinnon asked the Liquor Authority to accept the stipulation. Mr. McKinnon stated that Mr. Linenberger has a competent staff now. Mr. McKinnon asked the Liquor Authority to consider the number of years that Mr. Linenberger has been in business with no problems, the four incidences came up in a matter of five months, and Mr. Linenberger is going to run the business the same way he did during the previous 24 years. Mr. McKinnon asked that the Liquor Authority renew his license and give him seven days closure starting tomorrow.
There was a question and answer period between Mr. Linenberger and the Liquor Authority.
Mr. Linenberger stated he heard everything second-hand from his customers. Mr. Linenberger stated that when he would ask the manager about a problem, the manager would tell him he had taken care of the problem. Mr. Linenberger stated he was negligent. Mr. Linenberger stated he trusted the manager and didn't check up on it. Mr. Linenberger stated he never had problems until this manager came in. Mr. Linenberger was not aware of the severity of the problem until he received the complaint. Mr. Linenberger stated he has a new staff now and a new policy regarding overservice.
Ronald Johnson, 3040 S. Depew, Denver, CO., 80227 was sworn in and stated he is the new manager of the Frontier Tavern. Mr. Johnson stated that his association with the Frontier Inn goes back several years and that he was one of the people who indicated to Mr. Linenberger that there were problems. Mr. Johnson stated that his experience in the bar business dates back to college when he was a bartender in a private club in Kansas and he was the manager of that club for several years. Mr. Johnson stated he had recently retired from the military as a Master Sergeant after 38 years and has had plenty experience handling people. Mr. Johnson stated that if a patron has no I.D., then he would not be served. Mr. Johnson stated he has been trying very hard to stop incidences before they get started. Mr. Johnson stated he pays very close attention to all the customers and spends more time at the Frontier Inn than Mr. Linenberger intended. Mr. Johnson stated he has changed some of the employees so that they operate the establishment according to the law. Mr. Johnson stated they do have a doorman and a security system that shows most of the parking lot and the doorman monitors it. Mr. Johnson stated he has instilled in his bartenders and waitresses that they do not serve inebriated people and also has instilled it in his doorman. Mr. Johnson stated he is at the establishment every day and the doorman is there five days a week during the night shift.
There was a question and answer period between Mr. Johnson and the Liquor Licensing Authority.
Robert G. Malisch, 8327 S. Upham, #101, Littleton, CO 80128 was sworn in and stated he has been going to the Frontier Inn for over 20 years. Mr. Malisch stated that Mr. Linenberger sponsored them on shuffleboard tournaments and that Mr. Linenberger has had pool tournaments in the past. Mr. Malisch stated that it is a good place to go to have a couple of drinks and enjoy yourself. Mr. Malisch stated that in 20 years, he has never seen a fight in there or a disturbance. Mr. Malisch stated that the problem Mr. Linenberger had has been solved. Mr. Malisch stated that Mr. Linenberger has done a lot of good things for the community and the city. Mr. Malisch stated he helped get the One on One Fishing Program started for kids and that Mr. Linenberger has done several benefits for the One on One Fishing Program.
Mike Osthus, 6203 W. Maplewood Dr., Littleton, CO 80123, was sworn in and stated he is the executive director for a nonprofit organization called the One on One Fishing Experience. Mr. Osthus stated he started it in his bait store in 1995 with the Jefferson County Sheriff's Department, Lakewood Probation and a lot of his customers. Mr. Osthus stated that Mr. Linenberger got involved in the program by giving them free storage for all of their equipment. Mr. Osthus stated they take about 50 to 60 kids fishing once a month all summer. Mr. Osthus stated they start in April and end in October. Mr. Osthus stated they have private ponds up in Fort Collins. Mr. Osthus stated the kids spend the day fishing. Mr. Osthus stated the kids come from probation, conversion programs and he has several judges working with him on this program. Mr. Osthus stated the kids come from social services, inner city and most of the kids have never done anything like this. Mr. Osthus stated that Mr. Linenberger has done fund raisers in the past for them and has bought rods and reels and any equipment that is needed. Mr. Osthus stated this will be year ten starting April 22nd. Mr. Osthus stated that without the support of the community, this program could not be done and Mr. Linenberger has been a big part of this.
Michelle Winn, 13175 W. Chenango Ave., Morrison, CO 80465, was sworn in and stated that Mr. Linenberger is her father. Ms. Winn stated she has been around the Frontier Inn pretty much her whole life and that she worked there for about ten years. Ms. Winn stated that she worked there during college and managed it for a few years. Ms. Winn stated there are a lot of challenges that come with working in that business and that sometimes they are dealt with better than others. Ms. Winn stated that the bar is open until 2:00 a.m. and the drifters from the other bars come in after the other bars close. Ms. Winn stated that her dad has done a phenomenal business there and he has done a ton for the community. Ms. Winn stated it is a family community there and it is very distressing to her what has happened in the last several months with these issues. Ms. Winn stated she thinks it is a good place and there are a lot of wonderful people there.
Mr. McKinnon stated that Lakewood has had a policy for a long time that if there is a problem, call the police. Mr. McKinnon stated that he and Mr. Linenberger talked about calling the police and getting a ticket. Mr. McKinnon stated he told Mr. Linenberger that it is ok and it is better to call the police if there is a problem as the police will understand. Mr. McKinnon stated the police can hold the call of assistance against you or it's a plus. Mr. McKinnon stated that Ron Johnson has asked the police to please come through from time to time. Mr. McKinnon stated that many bars do not want that but Mr. McKinnon agrees with Mr. Johnson that a good rapport with the police department can help, not hurt. Mr. McKinnon stated the police are there not to create problems but to help solve problems.
Mike Malisch, 3901 S. Hazel Ct., Sheridan, Co 80110, was sworn in and stated he has been going to the Frontier Tavern for the better part of 13 years. Mr. Malisch stated it became a home away from home when he was going through a divorce. Mr. Malisch stated it is a karaoke bar and they have one of the best karaoke stages and one of the best song selections in town. Mr. Malisch stated he worked for Mr. Linenberger as a DJ for a while. Mr. Malisch stated that three or four years ago this stuff did not happen and as Mr. Linenberger said, "a bar is like a family" and Mr. Linenberger did not allow problems. Mr. Malisch stated that very rarely were there any altercations and when there were, they were ushered out the door. Mr. Malisch stated he thinks that a lot of what was going on recently was due to the management that Mr. Linenberger had hired. Mr. Malisch stated that he knows Mr. Linenberger is actively working to run a respectable establishment. Mr. Malisch stated that Mr. Linenberger has a good reputation in the community.
Ruben Yantoos, 5341 W. Shirley Place, Lakewood, CO 80232, was sworn in and stated he is the doorman at the Frontier Tavern. Mr. Yantoos stated that he met Mr. Linenberger when he came back from the service. Mr. Yantoos stated Mr. Linenberger took him in and really liked him and thought Mr. Yantoos was just another young kid causing trouble. Mr. Linenberger helped him with some personal issues and taught him how to play pool and offered Mr. Yantoos work from time to time. Mr. Yantoos stated there are a few people who come in late at night and try to cause trouble and he is glad he will be able to help keep control. Mr. Yantoos stated he knows what to look for and when Mr. Linenberger and Mr. Johnson asked him to work for them, Mr. Yantoos gladly accepted. Mr. Yantoos stated he is going to do his best to honor Mr. Linenberger and he looks up to Mr. Linenberger like a father. Mr.Yantoos stated Mr. Linenberger has always done right by him and done right by the community.
The Liquor Licensing Authority discussed the sanctions to be imposed on Frontier Tavern.
Mr. Muniz made a motion to approve the stipulation between the Deputy City Attorney and Mr. Jim Linenberger, owner of the Frontier Tavern located at 1195 S. Sheridan Blvd. The motion was seconded. Vote: 6 Ayes 0 Nays. THE MOTION CARRIED.
Mr. Wisneski made a motion that upon the Authority's decision that a violation of the Colorado and/or Lakewood Liquor Codes has occurred and after hearing any statements in aggravation or mitigation, the following penalty be imposed upon Frontier Inn, Inc. d/b/a Frontier Tavern, 1195 S. Sheridan Blvd., that a suspension of seven days be imposed and that zero days of this suspension be held in abeyance for a period of one year, commencing tomorrow March 24, 2006 at 7:00 a.m. and end at 7:00 a.m. on March 31, 2006. The motion was seconded. Vote: 6 Ayes 0 Nays. THE MOTION CARRIED.
ITEM 6 - GENERAL BUSINESS
Mr. Kennebeck addressed the Authority and stated there are seven complaints that he would like to bring forward for motions to show cause. The first five are compliance check cases. Mr. Kennebeck stated the sixth and seventh complaints relate to other matters. Mr. Kennebeck stated a compliance check was performed by the Lakewood Police Department on February 23, 2006. Mr. Kennebeck described what happened in the compliance check. Mr. Kennebeck asked for an order to show cause be issued for the following:
The first complaint was for JC Goodrow Inc., d/b/a Bonfire Lounge, 7576 W. Jewell Ave. for alleged sale to minor.
Mr. Williams made a motion to serve a notice of hearing and order to show cause why the Tavern Liquor License held by JC Goodrow, Inc. d/b/a Bonfire Lounge, 7576 W. Jewell Ave., should not be suspended or revoked, such hearing to be held on June 8, 2006. The motion was seconded and with all members of the Liquor Licensing Authority present voting aye, THE MOTION CARRIED.
The second complaint was for SFH, Enterprises, LLC d/b/a Cleopatra's, 6045 W. Alameda Ave., for alleged sale to minor.
Mr. Muniz made a motion to serve a notice of hearing and order to show cause why the Tavern Liquor License held by SFH Enterprises, LLC, d/b/a Cleopatra's, 6045 W. Alameda Ave., should not be suspended or revoked, such hearing to be held on June 8, 2006. The motion was seconded and with all members of the Liquor Licensing Authority present voting aye, THE MOTION CARRIED.
The third complaint was for GEM Enterprises, LLC d/b/a Gas Mart, 1495 S. Sheridan Blvd., for alleged sale to minor.
Mr. Muniz made a motion to serve a notice of hearing and order to show cause why the 3.2% Off Premise Fermented Malt Beverage Liquor License held by GEM Enterprises, LLC d/b/a Gas Mart, 1495 S. Sheridan Blvd., should not be suspended or revoked, such hearing to be held on June 8, 2006. The motion was seconded and with all members of the Liquor Licensing Authority present voting aye, THE MOTION CARRIED.
The fourth complaint was for Damico, Inc. d/b/a Hoffbrau Bar & Grill, 3355 S. Wadsworth Blvd., for alleged sale to minor.
Mr. Wisneski made a motion to serve a notice of hearing and order to show cause why the Hotel and Restaurant License held by Damico, Inc. d/b/a Hoffbrau Bar & Grill, 3355 S. Wadsworth Blvd., should not be suspended or revoked, such hearing to be held on July 13, 2006. The motion was seconded and with all members of the Liquor Licensing Authority present voting aye, THE MOTION CARRIED.
The fifth complaint was for Riley's, Inc. d/b/a Riley's, 1515 Garland St., for alleged sale to minor.
Mr. Muniz made a motion to serve a notice of hearing and order to show cause why the Tavern License held by Riley's, Inc. d/b/a Riley's, 1515 Garland St., should not be suspended or revoked, such hearing to be held on July 13, 2006. The motion was seconded and with all members of the Liquor Licensing Authority present voting aye, THE MOTION CARRIED.
The sixth complaint was for C G's, Inc. d/b/a C and G's, 8807 W. Colfax Ave. Mr. Kennebeck stated that on or about January 9, 2006, the Lakewood Police Department arrived on the scene and determined that a fight had occurred inside C and G's and ended up in the parking lot. Mr. Kennebeck asked that an order to show cause for conduct of establishment.
Mr. Williams made a motion to serve a notice of hearing and order to show cause why the Tavern License held by C G's, Inc. d/b/a C and G's, 8807 W. Colfax Ave, should not be suspended or revoked, such hearing to be held on July 13, 2006. The motion was seconded and with all members of the Liquor Licensing Authority present voting aye, THE MOTION CARRIED.
The seventh complaint was for Kiev, Inc., d/b/a CP's Tavern, at 6091 W. Colfax Ave. Mr. Kennebeck stated that this complaint is for nonrenewal of their liquor license. Mr. Kennebeck stated the license expires on March 30, 2006 and even though the hearing will be held later, the licensee got their renewal in on time and can continue to operate until there is a hearing and the Liquor Authority decides whether the license should be renewed or not. Mr. Kennebeck stated that the issues for a nonrenewal hearing are a little bit different than for a show cause hearing. Mr. Kennebeck stated that under paragraph 4 of the complaint, the licensee violated terms or conditions of article 12-47-103 of the State Liquor Code. Mr. Kennebeck stated the complaint is for conduct of establishment.
There was a question and answer period between Mr. Kennebeck and the Liquor Licensing Authority.
Mr. Kennebeck stated that under paragraph five of the complaint, there is a number for each of the incidents and the letters "OCA", that is the police report number. Mr. Kennebeck stated that the first one is OCA 05, which means the year 2005, and report number 014249. Mr. Kennebeck stated that if the licensee or the attorney for the licensee would like to know more details, there won't be any argument, whatsoever, that the complaint does not define the activity that we are trying to prosecute. Mr. Kennebeck stated they would be able to look at each report and see for themselves, from the police department's point of view, as to what occurred.
Mr. Muniz made a motion to serve a notice of hearing and order to show cause why the Tavern License held by Kiev, Inc. d/b/a CP's Tavern, 6091 W. Colfax Ave., should not be renewed, such hearing to be held on May 11, 2006. The motion was seconded and with all members of the Liquor Licensing Authority present voting aye, THE MOTION CARRIED.
Mr. Kennebeck stated that we have kept the next Liquor Authority Meeting open, which is May 25, 2006, just in case the hearing runs two nights. Mr. Kennebeck stated that if this hearing goes two nights or longer, he needs at least a quorum of five members of the Authority to show up regularly. Mr. Kennebeck asked that if a member has heard part of the hearing and may need to miss a later part, to come in and listen to a tape of that meeting. Mr. Kennebeck stated that if the Authority would do that, then they could continue to participate and vote at the hearing.
There being no further business to come before the Authority, Chairwoman Hansson adjourned the meeting at 8:13 p.m.
Joyce Wamboldt, Liquor Licensing Specialist
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