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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
Eugene O'Malley
Michael O'Neill
Albert Williams
Stanley Wisneski
Absent: Larry Muniz
Also present: Paul Kennebeck, Deputy City Attorney
Jennifer Roth, Chief Municipal Prosecutor
Full and timely notice of this meeting had been given and a quorum was present.
ITEM 3 - APPROVAL OF MINUTES
Regular Meeting April 27, 2006
Mr. Wisneski made a motion to accept the meeting minutes of April 27, 2006.
The motion was seconded. Vote: 6 Ayes 0 Nays. THE MOTION CARRIED.
ITEM 4 - NEW APPLICATION
Hotel & Restaurant License
Pattaya Thai, LLC
d/b/a Pattaya Thai
1571 Wadsworth Blvd.
Leping Zhu, Attorney Registration No. 25849, stated she is the attorney for the applicant.
Surachart Viboolsittiseri, 6400 S. Clarkson St., Centennial, CO 80121, stated he is the applicant for the license.
Helen Manser, 7589 W. Freemont Ave., Littleton, CO 80128, was sworn in and stated she represents Liquor Petitioning Professionals. Ms. Manser stated that her company did the survey for Pattaya Thai and explained the procedures used to circulate the petitions and the results of the petitions.
There was a question and answer period between Ms. Zhu and Mr. Viboolsittiseri. Mr. Viboolsittiseri stated he had taken the Lakewood Alcohol Awareness class and that he understands the liquor code. Mr. Viboolsittiseri stated his employees would also take the Alcohol Awareness class.
There was a question and answer period between the Liquor Licensing Authority and Mr. Viboolsittiseri.
Mr. Wisneski moved to approve the application for a Hotel and Restaurant License for Pattaya Thai, LLC d/b/a Pattaya Thai, located at 1571 Wadsworth Blvd. The motion was seconded and with all members of the Authority voting aye, THE MOTION CARRIED.
ITEM 5 - SHOW CAUSE HEARING
Tavern License
J C Goodrow, Inc.
d/b/a Bonfire Lounge
7576 W. Jewell Ave.
Mr. Kennebeck stated this complaint was issued as a result of a compliance check that was performed by the Lakewood Police Department on February 23, 2006. Mr. Kennebeck stated his office had spoken with Mike Smith, the owner of the corporation. Mr. Kennebeck stated this is a first offense and that Mr. Smith will admit to the violation of "sale to a minor". Mr. Kennebeck stated that Mr. Smith will request to pay a fine in lieu of the imposed standard sanctions.
Mr. Wisneski made a motion to approve the stipulation between the Deputy City Attorney and J C Goodrow, Inc., d/b/a Bonfire Lounge. The motion was seconded. Vote: 6 Ayes 0 nays. THE MOTION CARRIED.
Mr. Mike Smith stated that he was admitting that the violation had occurred and that there were some people who wanted to speak to the Liquor Licensing Authority.
Virginia Holland, 7530 W. Florida Ave., Lakewood, CO 80232, was sworn in and stated her support for the owners of Bonfire Lounge.
There was a question and answer period between the Liquor Licensing Authority and Ms. Holland.
Lyla Wicker, 2515 S. Sheridan Blvd., Lakewood, CO 80227, was sworn in and stated her support for the owners of Bonfire Lounge.
There was a question and answer period between the Liquor Licensing Authority and Ms. Wicker.
Tonya R. Anders, 12554 W. Iliff Ave., Lakewood, CO 80228, was sworn in and stated her support for the owners of Bonfire Lounge.
John W. Behr, 640 Ammons St., Lakewood, CO 80214, was sworn in and stated his support for the owners of Bonfire Lounge.
Heidi Seeger, 11868 W. Aquaduct Dr., Littleton, CO 80214, was sworn in and stated her support for the owners of Bonfire Lounge.
Julie King, 1261 S. Zenobia St., Denver, CO 80219, was sworn in and stated her support for the owners of Bonfire Lounge.
There was a question and answer period between the Liquor Licensing Authority and Ms. King.
Roxanne Abeyta, 1495 S. Hoyt St., Lakewood, CO 80232, was sworn in and stated her support for the owners of Bonfire Lounge.
Corey M. Suits, 1362 S. Dudley St., Lakewood, CO 80232, was sworn in and stated his support for the owners of Bonfire Lounge.
Barbara Brown, 9931 W. Mississippi, Ave., Lakewood, CO 80226, was sworn in and stated her support for the owners of Bonfire Lounge.
Pat Eddy, 802 S. Vance St., Lakewood, CO 80226, was sworn in and stated her support for the owners of Bonfire Lounge.
Michael Smith, 10957 W. 100th Way, Westminster, CO 80021, was sworn in and stated he is the owner of the Bonfire Lounge. Mr. Smith stated they have changed their policies at the Bonfire Lounge and gave the Liquor Licensing Authority a copy of their new policies. Mr. Smith stated they have a banner on the cash register reminding the employees to check I.D's along with signs outside and inside the two entry points to the Bonfire Lounge. Mr. Smith stated they have added a new alarm monitoring system. Mr. Smith stated he has sent employees through the Alcohol Awareness Class and it is now stipulated in their policies that the class will be mandatory. Mr. Smith asked the Board if he could get through this month and have the suspension start in July.
Ms. Roth stated the City has no objection to the suspension starting in July.
There was a question and answer period between Mr. Smith and the Liquor Licensing Authority.
There was discussion between the members of the Liquor Licensing Authority.
Mr. Wisneski made a motion that the following penalty be imposed upon J C Goodrow, Inc., d/b/a Bonfire Lounge, 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 July 1, 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 July 1, 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 7:00 a.m., July 1, 2006 and end on July 6, 2006 at 7:00 a.m. The motion was seconded. Vote: 4 Ayes 2 Nays, with Gene O'Malley and John Danahey voting nay. THE MOTION CARRIED.
Mr. Wisneski made a motion that J C Goodrow, Inc., d/b/a Bonfire Lounge and Sports Bar be permitted to pay a fine in lieu of five days actual suspension imposed. The motion was seconded. Vote: 6 Ayes 0 Nays. THE MOTION CARRIED.
Mr. Kennebeck explained the process of the police department's compliance checks.
ITEM 6 - SHOW CAUSE HEARING
3.2% Off Premise Liquor License
GEM Enterprises, LLC
d/b/a Gas Mart
1495 S. Sheridan Blvd.
Gustave Mourdoumngar, 1495 S. Sheridan Blvd., Lakewood, CO 80232, was sworn in.
Mr. Kennebeck stated the owner would admit to the violation of sale to a minor and would like to pay a fine in lieu of the suspension.
Mr. Williams made a motion to approve the stipulation between the Deputy City Attorney and GEM Enterprises, LLC., d/b/a Gas Mart. The motion was seconded. Vote: 6 Ayes 0 nays. THE MOTION CARRIED.
Mr. Mourdoumngar stated that he was admitting to the violation. Mr. Mourdoumngar stated that he checks the I.D.s of everybody who comes in to his bar and he tells his employees to check everybody's I.D.'s. Mr. Mourdoumngar stated that he fires any employee who sells to a minor.
There was a question and answer period between Mr. Mourdoumngar and the Liquor Licensing Authority.
Mr. Williams made a motion that the following penalty be imposed upon GEM Enterprises, LLC., d/b/a Gas Mart, 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 June 9, 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 June 9, 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., June 9, 2006 and end on June 14, 2006 at 5:00 a.m. The motion was seconded. Vote: 6 Ayes 0 Nays. THE MOTION CARRIED.
Mr O'Neill made a motion that GEM Enterprises, LLC., d/b/a Gas Mart be permitted to pay a fine in lieu of five days actual suspension imposed. The motion was seconded. Vote: 6 Ayes 0 Nays. THE MOTION CARRIED.
The Liquor Licensing Authority took a break at 8:12 p.m. and reconvened at 8:21 p.m.
ITEM 7 - SHOW CAUSE HEARING
Tavern License
SFH Enterprises, LLC
d/b/a Cleopatra's
6045 W. Alameda Ave., Unit 104
Mr. Kennebeck stated that this complaint is the result of a compliance check that occurred on February 23, 2006. Mr. Kennebeck stated that the owner will admit to the violation and stated there was a previous violation that occurred approximately three years prior to this violation. Mr. Kennebeck stated that violation occurred in January of 2003. Mr. Kennebeck stated that the owner would like to pay a fine in lieu of suspension.
Mr. O'Neill made a motion to approve the stipulation between the Deputy City Attorney and SFH Enterprises, LLC., d/b/a Cleopatra's. The motion was seconded. Vote: 6 Ayes 0 nays. THE MOTION CARRIED.
Samer Al-Hussari, 6041½ Minor St., Idaho Springs, CO, 80452, was sworn in and stated that he takes full responsibility for the sale to a minor. Mr. Al-Hussari stated that he runs the bar, for the most part, by himself. Mr. Al-Hussari stated that he has never had any problems related to liquor before now. Mr. Al-Hussari stated that he immediately terminated the employee who served the alcohol to the minor. Mr. Al-Hussari stated that in the future, all employees would have to take the Alcohol Awareness Class. Mr. Al-Hussari stated that he has posted a sign on the door that states that anyone under the age of 21 will be kicked out and prosecuted.
There was a question and answer period between Mr. Al-Hussari and the Liquor Licensing Authority.
Kegan W. Gift, 3316 S. Ammons St., #3-204, Lakewood, Co 80227, was sworn in and stated his support for the owner of Cleopatra's.
There was a question and answer period between Mr. Gift and the Liquor Licensing Authority.
Ann Easley, 11083 Claud Ct., Northglenn, CO 80233, was sworn in and stated her support for the owner of Cleopatra's.
Joyce Galvin, 1165 S. Tejon, Denver, CO 80023, was sworn in and stated her support for the owner of Cleopatra's.
Mr. Al-Hussari stated he is not in the business of catering to minors and this was an isolated incident.
There was a question and answer period between Mr. Al-Hussari and the Liquor Licensing Authority.
There was discussion between the members of the Liquor Licensing Authority.
Mr. Wisneski made a motion that the following penalty be imposed upon SFH Enterprises, LLC., d/b/a Cleopatra's, 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 June 9, 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 June 9, 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 7:00 a.m., June 9, 2006 and end on June 14, 2006 at 7:00 a.m. The motion was seconded. Vote: 6 Ayes 0 Nays. THE MOTION CARRIED.
Mr. Williams made a motion that SFH Enterprises, LLC., d/b/a Cleopatra's be permitted to pay a fine in lieu of five days actual suspension imposed. The motion was seconded. Vote: 6 Ayes 0 Nays. THE MOTION CARRIED.
ITEM 8 - GENERAL BUSINESS
Mr. Kennebeck stated there are two complaints that he would like to bring forward for motions to show cause.
Mr. Kennebeck stated the first complaint was for CL Enterprises, LLC d/b/a Club Fantasy. Mr. Kennebeck stated there is probable cause to believe alcohol was sold to minors. Mr. Kennebeck stated the police arrived at Club Fantasy and found two intoxicated patrons and, upon investigation, discovered they were underage.
Mr. Williams made a motion to serve a notice of hearing and order to show cause why the Tavern Liquor License held by CL Enterprises, LLC d/b/a Club Fantasy, 5255 W. 6th Ave., should not be renewed, such hearing to be held on August 24, 2006. The motion was seconded and with all members of the Liquor Licensing Authority present voting aye, THE MOTION CARRIED.
Mr. Kennebeck stated the second complaint was for Rocky Mountain Tacos, LLC d/b/a El Taco Tote at 6166 W. Alameda Ave. Mr. Kennebeck stated the complaint is for failure to pay sales tax. Mr. Kennebeck stated there is a local regulation of this Authority that indicates that nonpayment of sales tax can be cause for nonrenewal of a license. Mr. Kennebeck stated that the Sales Tax Division has stated there have been three nonsufficient checks over the past six months and they have failed to file sales tax returns for the last two months. Mr. Kennebeck stated that 12-47-307(1)(a)(VI) of the Colorado Liquor Codes states that a person holding a liquor license must be of good character, record and reputation. Mr. Kennebeck stated there is a Colorado case on point that states that nonpayment of taxes shows bad character.
Mr. Wisneski made a motion to serve a notice of hearing and order to show cause why the Tavern Liquor License held by Rocky Mountain Tacos, LLC d/b/a El Taco Tote, 6166 W. Alameda Ave, should not be renewed, such hearing to be held on August 24, 2006. The motion was seconded and with all members of the Liquor Licensing Authority present voting aye, THE MOTION CARRIED.
There being no further business to come before the Authority, Chairwoman Hansson adjourned the meeting at 8:50 p.m.
Joyce Wamboldt, Liquor Licensing Specialist
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