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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 7:09 p.m.
ITEM 2. ROLL CALL Kristina Hansson - Presiding
John Danahey
Larry Muniz
Eugene O'Malley
Stanley Wisneski
Absent: Michael O'Neill
Albert Williams
Also present: Paul Kennebeck, Deputy City Attorney
Richard Miller, Attorney for the Liquor Licensing Authority
Full and timely notice of this meeting had been given and a quorum was present.
ITEM 3 - APPROVAL OF MINUTES
Regular Meeting January 12, 2006
Regular Meeting January 27, 2006
Regular Meeting February 9, 2006
Mr. Wisneski made a motion to accept the meeting minutes of January 12, 2006, January 27, 2006 and February 9, 2006. The motion was seconded. Vote: 5 Ayes 0 Nays. THE MOTION CARRIED.
Mr. Kennebeck requested that the Lakewood Event Center be taken out of order
and called first on the agenda because the attorney representing the Lakewood
Event Center had asked for a continuance.
ITEM 5 - NEW APPLICATION
Tavern Liquor License
Rodeo, Inc.
d/b/a Lakewood Event Center
5810 W. Alameda Ave.
Alan Dill, Registration No. 872, stated that along with his partner, Mr. Jon Stonbraker, he represented the applicant. Mr. Dill requested a continuance on two grounds, the first ground being that Mr. Kennebeck had received some information from the Lakewood Police Department that indicated that the City was taking the position of opposing the license. Mr. Dill stated that this occurred sometime early this last Monday and that Mr. Kennebeck was very diligent and got the information to them late Monday. Mr. Dill stated they have been in possession of this information for three days and the application was filed two and a half months ago. Mr. Dill stated they thought they were ready to proceed and present their case, although there were some very serious allegations within that information. Mr. Dill stated they would like an opportunity to explore these allegations by having their witnesses from the Denver Police Department meet with Mr. Kennebeck and with the officers from the Lakewood Police Department to give them the applicant's version of the incidents and see if they could narrow the issues. Mr. Dill stated that the second ground for the continuance is that they had previously circulated petitions in the neighborhood and they did not believe they had opposition to the application. In the last couple of weeks, it appears that substantial opposition has surfaced. Mr. Dill stated that the opposition has filed petitions and that his client would like to request a continuance so that he may have a meeting to present to the neighborhood the business plan. Mr. Dill stated that if a continuance is granted, then they would collect a contact number for everyone who has signed in to speak at the meeting, call everyone and set up a meeting that is very convenient for the neighborhood. Mr. Dill stated that after they had the opportunity to have a meeting with the neighborhood, they could possibly come before the authority with a much narrower scope and the meeting would not last until midnight. Mr. Dill stated they hoped to resolve some of the issues and save the citizenry a lot of time.
Mr. Kennebeck stated that the rules and regulations allow each party to have one continuance. Mr. Kennebeck stated that perhaps a continuance could help resolve some of the issues. Mr. Kennebeck stated that the City has subpoenaed several witnesses and asked the Liquor Licensing Authority to continue those subpoenas.
Ms. Hansson asked if there was anyone representing the opposition who would like to speak regarding the continuance.
Kathleen Guetlein, 25 Harlan St., Lakewood, CO 80226, was sworn in and stated that her one issue for the evening is that she is home five days a week with grandchildren and does not leave her home and wanted to know where the petition might be that was circulated in the neighborhood that stated that people wanted this business in the neighborhood.
Ms. Hansson stated that the petition is on file with the City Clerk's Office and that Ms. Guetlein could come in to the City Clerk's Office to see it.
Ms. Guetlein asked how the petitioning process works.
Ms. Hansson stated that the petition that was circulated went to residences within the defined neighborhood and that the defined neighborhood is one square mile around the proposed location.
Ms. Guetlein stated that it had been said that the petitioners went house to house in that location and Ms. Guetlein could not understand why she did not see the petition.
Ms. Hansson stated that the petitioners do not go to every house within a neighborhood. Ms. Hansson stated that they do a certain number of door knocks. Ms. Hansson stated there were several petitions regarding this location and that Ms. Guetlein could view them in the City Clerk's Office.
Mr. Muniz made a motion to continue the hearing for Rodeo, Inc. d/b/a Lakewood Event Center, 5810 W. Alameda Ave., to May 11, 2006 and to continue the subpoenas to May 11, 2006. The motion was seconded. Vote: 5 Aye 0 Nay. THE MOTION CARRIED.
ITEM 4 - NEW APPLICATION
Beer & Wine License
Western Women, LLC
d/b/a Bandana's Bar-B-Q
195 S. Union Blvd., Unit 150
Brian Stack, 593 S. Flower St., Lakewood, CO 80226, was sworn in and stated he will be one of the in-house managers and that he is the husband, son-in-law and brother-in-law to the applicants. Mr. Stack stated that he had letters in support of the liquor license and gave copies of the letters to the Liquor Licensing Authority.
Max Scott, Oedipus, Inc., 1216 Tipperary St., Boulder, Co 80306, stated his company did the survey for this application. Mr. Scott explained the procedures used to circulate the petitions and the results of the petitions.
Mr. Stack stated the history of the company, stated this would be their first franchise and stated the type of food they would be serving. Mr. Stack stated that Mr. John Record and Ms. Jamie Record would also be in-store managers and that one of them would be on duty at all times. Mr. Stack explained their policy on serving alcohol and their training procedures.
There was a question and answer period between the Liquor Licensing Authority and Mr. Stack.
John Record, 593 S. Flower St. Lakewood, CO 80226, was sworn in and stated that he will be the General Manager of the restaurant. Mr. Record stated more of the history of the company and the quality of the food. Mr. Record stated that this is a good family oriented business and did not feel there would be any issues with alcohol in the restaurant.
Jamie Record, 593 S. Flower St. Lakewood, CO 80226, was sworn in and stated her history with the company.
Mr. Muniz moved to approve the application for a Beer and Wine License for Western Women, LLC d/b/a Bandana's Bar-B-Q, located at 195 S. Union Blvd., Ste. 150. The motion was seconded and with all members of the Authority voting aye, THE MOTION CARRIED.
ITEM 6 - SHOW CAUSE HEARING
Tavern Liquor License
6560 Corporation
d/b/a Red Coach Inn
6560 W. Colfax Ave.
Mr. Kennebeck stated that a complaint was issued in January for an event that occurred in December for sale to a minor. Mr. Kennebeck stated they had reached a disposition. Mr. Kennebeck stated the Red Coach Inn has had the same owner since 1985 and the last violation was in April of 2000. Mr. Kennebeck stated that the Lakewood Police Department responded to the location due to some trouble that was occurring with one woman in the bar and that woman had stolen a cell phone. Mr. Kennebeck stated that once the police started investigating, the agent discovered she was 20 years old. Mr. Kennebeck stated that everyone in the bar admitted that she had been drinking. Mr. Kennebeck stated that Mr. McKinnon, the licensee's attorney, had indicated that this woman had, on a regular basis, shown an I.D. showing that she was 21 years old. After consulting with the sergeant in the Liquor Enforcement Section, Mr. Kennebeck asked to defer this matter for six months from this date and if there were no other violations during the next six months, then this case would be dismissed. Mr. Kennebeck stated that if there were any other violations in the next six months, then the City would be back before the Authority, bringing this charge and the new charge before the them.
Marilyn Wagner, 2970 S. Willow St., Denver, CO 80231, was sworn in and stated she is the owner of the Red Coach Inn. Ms. Wagner explained the circumstances surrounding the previous violation.
There was a question and answer period between Mr. Kennebeck and the Liquor Licensing Authority regarding the difference between a sting operation and this case. Mr. Kennebeck stated that in a sting operation, no I.D. is used at all and in this case, the underage woman possessed an I.D. that looked real. Mr. Kennebeck stated that in the liquor code, if an establishment can show that the person flashed an I.D., then the establishment does prevail and the case is dismissed.
There was a question and answer period between the Liquor Licensing Authority and Ms. Wagner.
Mr. Muniz made a motion to accept the stipulation between the Deputy City Attorney and 6560 Corporation, d/b/a Red Coach Inn, 6560 W. Colfax Ave. The motion was seconded and with all members of the Authority voting aye, THE MOTION CARRIED.
Mr. Muniz made a motion to defer this complaint until October 26, 2006, at which time, if there have been no other violations, then the complaint will be dismissed. The motion was seconded and with all members of the Authority voting aye, THE MOTION CARRIED.
ITEM 7 - GENERAL BUSINESS
There being no further business to come before the Authority, Chairwoman Hansson adjourned the meeting at 8:05 p.m.
Joyce Wamboldt, Liquor Licensing Specialist
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