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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
Larry Muniz
Michael O'Neill
Albert Williams
Stanley Wisneski
Absent: Eugene O'Malley
Also present: 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 May 25, 2006
Regular Meeting June 8, 2006
Mr. Wisneski made a motion to accept the meeting minutes of May 25, 2006 and
June 8, 2006. The motion was seconded. Vote: 6 Ayes 0 Nays. THE MOTION CARRIED.
ITEM 4 - NEW APPLICATION
Hotel & Restaurant License
Strong Cravings Belmar, LLC
d/b/a Emogene Patisserie et Café
433 S. Teller St.
Alan Dill, Registration No. 872, stated he is the attorney representing the applicant.
Max Scott, 1216 Tipperary Street, Boulder, CO, was sworn in and stated he is the owner of Oedipus, Inc. Mr. Scott stated his company did the petition survey for the applicant and explained his company's petitioning process.
There was a question and answer period between Mr. Scott and Mr. Dill.
Duane Carleton, 414 S. Saulsbury Street, #3D, Lakewood, Co 80226, was sworn in and stated he is in favor of the issuance of the liquor license.
Larry Herkal, 1410 S. Teller Street, Lakewood, CO 80226, was sworn in and stated he is in favor of the issuance of the liquor license.
Jim Sullivan, 1080 Cherokee Street, Denver, CO 80204, was sworn in and stated he is the applicant for the liquor license. Mr. Sullivan stated his experience in the restaurant industry and explained his polices regarding alcohol service and the training procedures for his employees.
There was a question and answer period between the Liquor Licensing Authority and Mr. Sullivan.
George Eder, 1451 24th Street, #190, Denver, Co 80205, was sworn in and stated he is the Chief Operating Officer for Emogene Patisserie et Café. Mr. Eder stated his experience in the restaurant industry and explained the alcohol service training procedures.
Bridget Madigan, 433 S. Teller Street, Lakewood, CO 80226, was sworn in and stated she is a manager of Emogene Patisserie et Café. Ms. Madigan stated her experience in the restaurant industry.
Mr. Wisneski moved to approve the application for a Hotel & Restaurant License for Strong Cravings Belmar, LLC d/b/a Emogene Patisserie et Café, located at 433 S. Teller St. The motion was seconded. Vote: 6 Ayes 0 Nays. THE MOTION CARRIED.
ITEM 5 - NEW APPLICATION
Hotel & Restaurant License
Keg Restaurants Arizona, Inc.
d/b/a The Keg Steakhouse & Bar
14065 W. Colfax Dr.
Daryle Mabon, 14065 W. Colfax Drive, Lakewood, CO 80401, was sworn in and stated
he is the Acting General Manager. Mr. Mabon stated his experience in the restaurant
business and the history of the Keg Restaurants. Mr. Mabon explained the policies
regarding the service of alcohol and the training process for the employees.
Max Scott, 1216 Tipperary Street, Boulder, CO, was sworn in and stated he is
the owner of Oedipus, Inc. Mr. Scott stated his company did the petition survey
for the applicant and explained his company's petitioning process and the results
of the survey.
Mr. Williams moved to approve the application for a Hotel & Restuarant License for Keg Restaurants Arizona, Inc. d/b/a The Keg Steakhouse & Bar, located at 14065 W. Colfax Dr. The motion was seconded and with all members of the Authority voting aye, THE MOTION CARRIED.
ITEM 6 - SHOW CAUSE HEARING
Tavern License
C G's, Inc.
d/b/a C and G's
8807 W. Colfax Ave.
Ms. Roth stated the complaint was issued due to an incident that occurred on January 9, 2006. Ms. Roth stated that the licensee would admit to the violation and would request paying a fine in lieu of suspension. Ms. Roth stated the last offense that occurred at this location happened over ten years ago.
Mr. O'Neill made a motion to approve the stipulation between the Chief Municipal Prosecutor and C G's, Inc., d/b/a C and G's. The motion was seconded. Vote: 6 Ayes 0 Nays. THE MOTION CARRIED.
Irving Cappelli, 7905 W. 21St Ave., Lakewood, CO 80214, was sworn in and stated that he was admitting to the violation.
There was a question and answer period between the Liquor Licensing Authority and Mr. Cappelli.
Mr. Muniz made a motion that the following penalty be imposed upon C G's, Inc., d/b/a C and G'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 July 14, 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 14, 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 14, 2006 and end on July 19, 2006 at 7:00 a.m. The motion was seconded. Vote: 6 Ayes and 0 Nays. THE MOTION CARRIED.
Mr. O'Neill made a motion that C G's, Inc., d/b/a C and G's, be permitted to pay a fine in lieu of five days actual suspension imposed. The motion was seconded. Vote: 6 Ayes and 0 Nay. THE MOTION CARRIED.
ITEM 7 - SHOW CAUSE HEARING
Hotel & Restaurant License
Damico, Inc.
d/b/a Hoffbrau Bar and Grill
3355 S. Wadsworth Blvd.
Ms. Roth stated the complaint was the result of a compliance check that was conducted on February 23, 2006. Ms. Roth stated that the licensee would admit to the violation and would request paying a fine in lieu of suspension. Ms. Roth stated this is a first time offense for this business.
Mr. Muniz made a motion to approve the stipulation between the Chief Municipal Prosecutor and Damico, Inc., d/b/a Hoffbrau Bar and Grill. The motion was seconded. Vote: 6 Ayes 0 Nays. THE MOTION CARRIED.
John Damico, Jr., 5152 S. Oak Way, Littleton, CO 80127, was sworn in and stated that he is the owner of the Hoffbrau Bar and Grill. He stated he has worked there for 22 years. Mr. Damico stated the waitress had worked there for four years and made a mistake. Mr. Damico stated that she cried because of the mistake. Mr. Damico stated this is a family operation and they take pride in the business. Mr. Damico stated the suspension will be a huge hit for them. Mr. Damico stated that their busiest nights are Thursday, Friday and Saturday and asked if the suspension could start on Saturday. Mr. Damico apologized for the violation for himself and his family.
There was a question and answer period between the Liquor Licensing Authority and Mr. Damico.
There was some discussion between the members of the Liquor Licensing Authority.
Mr. Wisneski made a motion that the following penalty be imposed upon Damico,
Inc., d/b/a Hoffbrau Bar and Grill. 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 15, 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 15, 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 15, 2006 and end on July 20,
2006 at 7:00 a.m. The motion was seconded. Vote: 6 Ayes and 0 Nays. THE MOTION
CARRIED.
Mr. Muniz made a motion that Damico, Inc., d/b/a Hoffbrau Bar and Grill, be
permitted to pay a fine in lieu of five days actual suspension imposed. The
motion was seconded. Vote: 6 Ayes and 0 Nay. THE MOTION CARRIED.
ITEM 8 - SHOW CAUSE HEARING
Riley's, Inc.
d/b/a Riley's
1515 Garland St.
Ms. Roth stated the complaint was the result of a compliance check that was conducted on February 23, 2006. Ms. Roth stated that the licensee would admit to the violation and would request paying a fine in lieu of suspension. Ms. Roth stated this is a first time offense for this business.
Mr. O'Neill made a motion to approve the stipulation between the Chief Municipal Prosecutor and Riley's, Inc., d/b/a Riley's. The motion was seconded. Vote: 6 Ayes 0 Nays. THE MOTION CARRIED.
James Fouts, 940 Depew St., Lakewood, CO 80214, was sworn in and stated that he was admitting to the violation. Mr. Fouts stated that the bartender that evening was a replacement for the regular bartender and had not gone through the Alcohol Awareness Class because she was a temporary. After the violation, the temporary bartender was terminated. Mr. Fouts stated that he has all employees take the Alcohol Awareness Class.
There was a question and answer period between the Liquor Licensing Authority and Mr. Fouts.
Mr. Muniz made a motion that the following penalty be imposed upon Riley's, Inc., d/b/a Riley'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 July 14, 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 14, 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 14, 2006 and end on July 19, 2006 at 7:00 a.m. The motion was seconded. Vote: 6 Ayes and 0 Nays. THE MOTION CARRIED.
Mr. Wisneski made a motion that Riley's, Inc., d/b/a Riley's, be permitted
to pay a fine in lieu of five days actual suspension imposed. The motion was
seconded. Vote: 6 Ayes and 0 Nay. THE MOTION CARRIED.
ITEM 9 - GENERAL BUSINESS
Ms. Roth addressed the Liquor Licensing Authority and stated there were five complaints that she would like to bring forward for motions to show cause. Ms. Roth stated a compliance check was conducted by the Lakewood Police Department on June 21, 2006. Ms. Roth stated that in all five cases there was probable cause to believe that alcohol was sold to minors. Ms. Roth asked for an order to show cause be issued for the following:
The first complaint was for Celestino P. Lucero, d/b/a Morrison Road Liquors, 5380 W. Mississippi Ave. for alleged sale to minor.
Mr. O'Neill made a motion to serve a notice of hearing and order to show cause why the Retail Liquor License held by Celestino P. Lucero, d/b/a Morrison Road Liquors, 5380 W. Mississippi Ave., should not be suspended or revoked, such hearing to be held on September 28, 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 Janak Enterprises, Inc., d/b/a Mountair Liquors, 5246 W. Colfax Ave., for alleged sale to minor.
Mr. Muniz made a motion to serve a notice of hearing and order to show cause why the Retail Liquor License held by Janak Enterprises, Inc., d/b/a Mountair Liquors, 5246 W. Colfax Ave., should not be suspended or revoked, such hearing to be held on September 28, 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 KHG, Inc., d/b/a Pour Boy Liquors, 6468 W. 20th Ave., for alleged sale to minor.
Mr. Williams made a motion to serve a notice of hearing and order to show cause why the Retail Liquor License held by KHG, Inc., d/b/a Pour Boy Liquors, 6468 W. 20th Ave., should not be suspended or revoked, such hearing to be held on September 28, 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 Friesian, Inc., d/b/a 3 Margaritas XVII, 805 Wadsworth Blvd., for alleged sale to minor.
Mr. Muniz made a motion to serve a notice of hearing and order to show cause
why the Hotel & Restaurant License held by Friesian, Inc., d/b/a 3 Margaritas
XVII, 805 Wadsworth Blvd., should not be suspended or revoked, such hearing
to be held on September 28, 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 Baker St. Belmar, LLC, d/b/a 221 B Baker St. Pub
& Grill, 7260 W. Alaska Dr., for alleged sale to minor.
Mr. Wisneski made a motion to serve a notice of hearing and order to show cause
why the Tavern Liquor License held by Baker St. Belmar, LLC, d/b/a 221 B Baker
St. Pub & Grill, 7260 W. Alaska Dr., should not be suspended or revoked,
such hearing to be held on September 28, 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 8:17 p.m.
Joyce Wamboldt, Liquor Licensing Specialist
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