|
|
|
 |
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
Larry Muniz
Eugene O'Malley
Albert Williams
Stanley Wisneski
John Danahey
Absent: Michael O'Neill
Also present: Jennifer Roth, Chief Municipal Prosecutor
Full and timely notice of this meeting had been given and a quorum was present.
ITEM 3 - SHOW CAUSE HEARING
Retail Liquor License
Celestino P. Lucero
d/b/a Morrison Road Liquors
5380 W. Mississippi Ave.
Ms. Roth stated the complaint was the result of a compliance check that was
conducted. 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. Williams made a motion to approve the stipulation between the Chief Municipal Prosecutor and Celestino P. Lucero. d/b/a Morrison Road Liquors, located at 5380 W. Mississippi Ave. The motion was seconded. Vote: 6 Ayes 0 Nays. THE MOTION CARRIED.
Charlie Lucero - 1801 S. Stewart, Denver CO, was sworn in and stated that he was admitting to the violation.
Mr. Muniz made a motion that the following penalty be imposed upon Celestino P. Lucero., d/b/a Morrison Road Liquors. 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 September 29, 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 September 29, 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 8:00 a.m. September 29, 2006 and end on October 4, 2006 at 8:00 a.m. The motion was seconded. Vote: 6 Ayes and 0 Nays. THE MOTION CARRIED.
Mr. Wisneski made a motion that Celestino P. Lucero., d/b/a Morrison Road Liquors, 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 4 - SHOW CAUSE HEARING
Retail Liquor License
Janak Enterprises, Inc.
d/b/a Mountair Liquors
5246 W. Colfax Ave.
Ms. Roth stated the complaint was the result of a compliance check that was conducted. Stated that this is the licensee's first offense and would admit to the violation and would request paying a fine in lieu of suspension.
James C. Janak - 1691 S. Arbutus Pl. Lakewood CO 80228, 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. Janak.
Mr. Williams made a motion to approve the stipulation between the Chief Municipal
Prosecutor and Janak Enterprises, Inc. d/b/a Mountair Liquors, located at 5246
W. Colfax Ave. The motion was seconded. Vote: 6 Ayes 0 Nays. THE MOTION CARRIED.
There was some discussion between the members of the Liquor Licensing Authority.
Mr. Muniz made a motion that the following penalty be imposed upon Janak Enterprises, Inc. d/b/a Mountair Liquors. A suspension of ten days be imposed and that eight of the days be held in abeyance for a period of one year, commencing on September 29, 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 September 29, 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 8:00 a.m. September 29, 2006 and end on October 1, 2006 at 8:00 a.m. The motion was seconded. Vote: 5 Ayes and 1 Nay (Mr. Williams). THE MOTION CARRIED.
Mr. Wisneski made a motion that Janak Enterprises, Inc., d/b/a Mountair Liquors, be permitted to pay a fine in lieu of two days actual suspension imposed. The motion was seconded. Vote: 6 Ayes and 0 Nay. THE MOTION CARRIED.
ITEM 5 - SHOW CAUSE HEARING
Retail Liquor License
KHG, Inc.
d/b/a Pour Boy Liquors
6468 W. 20th Ave.
Ms. Roth stated the complaint was the result of a compliance check that was conducted. Stated that this is the licensee's first offense and would admit to the violation and would request paying a fine in lieu of suspension.
Mr. Wisneski made a motion to approve the stipulation between the Chief Municipal Prosecutor and KHG, Inc. d/b/a Pour Boy Liquors, located at 6468 W. 20th Ave. The motion was seconded. Vote: 6 Ayes 0 Nays. THE MOTION CARRIED.
Hong Guen Kim - 1637 S. Chester Ct., Denver CO 80247, 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. Kim.
Mr. Wisneski made a motion that the following penalty be imposed upon KHG, Inc., d/b/a Pour Boy Liquors. 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 September 29, 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 September 29, 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 8:00 a.m. September 29, 2006 and end on October 4, 2006 at 8:00 a.m. The motion was seconded. Vote: 6 Ayes and 0 Nay THE MOTION CARRIED.
Mr. Muniz made a motion that KHG, Inc., d/b/a Pour Boy Liquors, 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 6 - SHOW CAUSE HEARING
Hotel & Restaurant License
Friesian, Inc.
d/b/a 3 Margaritas XVII
805 Wadsworth Blvd.
Show Cause Hearing continued to December 14, 2006.
ITEM 7 - SHOW CAUSE HEARING
Tavern License
Baker St. Belmar, LLC
d/b/a 221 B Baker St. Pub & Grill
7260 W. Alaska Dr.
Steve Lee - Registration No. 10969 stated he is the attorney representing the client.
Ms. Roth stated the complaint was the result of a compliance check that was conducted. Stated there is an amended complaint due to a second incident occurring. Stated that this is the licensee's second offense and would admit to the first violation and the second violation would be dismissed. Stated they would impose the ten day suspension with five days held in abeyance and the remaining five days be served. Stated there will not be a fine in lieu of suspension.
Mr. Wisneski moved in the matter for the suspension revocation for Baker St. Belmar, LLC. d/b/a 221 B Baker St. Pub & Grill, located at 7260 W. Alaska Dr. be amended to include paragraphs five and six on the amended complaint. The motion was seconded. Vote: 6 Ayes 0 Nays. THE MOTION CARRIED.
There was a question and answer period between the Liquor Licensing Authority and Mr. Lee.
Kirk Evans- General Manager - 2057 S. Uravan St, Aurora CO 80013, was sworn in. Stated the first bartender who served a minor was terminated. Stated the second employee was suspended for a week without pay, to be used as a training tool.
There was a question and answer period between the Liquor Licensing Authority and Mr. Evans.
Bob Allison - Vice President - 11842 Riverview, Houston, TX 77077, was sworn in. Stated their policy; when an employee serves an intoxicated person, it results in some punishment up to and including termination. Stated that the decision is left up to the General Manager and Area Director.
There was a question and answer period between the Liquor Licensing Authority and Mr. Allison.
Mr. Muniz made a motion to approve the stipulation between the Chief Municipal Prosecutor and Baker St. Belmar, LLC. d/b/a 221 B Baker St. Pub & Grill, located at 7260 W. Alaska Dr. The motion was seconded. Vote: 5 Ayes 1 Nay (Mr. Williams). THE MOTION CARRIED.
Steve Lee - Asked that the Authority consider altering their decision concerning the days of active suspension. Stated they would like the suspension to be imposed over five consecutive weeks, rather than five consecutive days.
Bob Allison - Stated that by serving the sentence over five weeks they are losing approximately $45,000.
There was a question and answer period between the Liquor Licensing Authority and Mr. Allison.
There was some discussion between the members of the Liquor Licensing Authority.
There was a question and answer period between the Liquor Licensing Authority and Mr. Lee.
Lary Herkal - Landlord - 410 S. Teller St, #3B, Lakewood, CO 80226, was sworn in. Stated that as the landlord, they are economically impacted.
Lenora Moore - City Of Lakewood Liquor Inspector - 480 S. Allison Parkway, Lakewood, CO was sworn in. Requested that if the five-day split suspension is approved, she be allowed to make one posting that would remain posted stating the dates of the suspension. Stated the posting would be required to be placed on the exterior and interior of the establishment. Stated the posting would remain posted for five weeks.
There was some discussion between the members of the Liquor Licensing Authority.
Mr. Wisneski made a motion that the following penalty be imposed upon Baker St. Belmar, LLC. d/b/a 221 B Baker St. Pub & 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 September 29, 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 September 29, 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. October 2, 2006, 7:00 a.m. October 9, 2006, 7:00 a.m.October 16, 2006, 7:00 a.m. October 23, 2006 and end on October 30, 2006 at 2:00 a.m. The motion was seconded. Vote: 5 Ayes and 1 Nay (Mr. Williams). THE MOTION CARRIED.
ITEM 8 - GENERAL BUSINESS
None
ITEM 9 - ADJOURNMENT
There being no further business to come before the Authority, Chairwoman Hansson adjourned the meeting at 8:20 p.m.
Joyce Wamboldt, Liquor Licensing Specialist
 |
||
Americans with Disability Act (ADA) Notice |
||
