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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: Paul Kennebeck, Deputy City Attorney
Dick Miller, Counsel for the Liquor Licensing Authority
Detective Michelle Current, Lakewood Police Department
The Chair moved Item 5 after Item 2 on the agenda.
ITEM 5 - CHANGE IN MANAGER (Continued from December 14, 2006)
Hotel & Restaurant License
Brothers BBQ VI, Inc.
d/b/a Brothers BBQ VI
105 Wadsworth Blvd.
Mr. Kennebeck stated there were a couple of problems with this application for manager. Mr. Kennebeck stated the notice that went out for Mr. Nicholas was not a formal complaint. Mr. Kennebeck stated that a letter was mailed by the City Clerk's Office stating that the police department had recommended denial of Mr. Simmons' application based on the results of the background investigation. Mr. Kennebeck stated that the City Clerk's Office received an email from Mr. Dill, the attorney for Brothers BBQ VI, Inc., requesting a hearing before the Liquor Licensing Authority to appeal the recommendation by the police department. Mr. Kennebeck stated this was not formal jurisdiction for the Board. Mr. Kennebeck stated that the City of Lakewood Code 5.38.100(C) states the City Clerk shall administratively approve a change of manager for any licensed establishment unless the police department recommends the proposed manager be disapproved by the Licensing Authority. Mr. Kennebeck stated that once this happens, his office reviews it and if it arises to the level of a violation of the liquor code, then he drafts a complaint. Mr. Kennebeck stated the Board can hear an appeal only when the police have recommended denial and the police department has now recommended approval of Mr. Simmons as manager. Mr. Kennebeck stated he would recommend that this issue be dismissed or if the Liquor Licensing Authority wants to have jurisdiction over this, then the Authority must ask the City to draft a complaint where we formally object to Mr. Simmons as a manager.
Mr. Miller stated that Lakewood's City ordinance does seem to state that in order for the Authority to act upon a manager's registration, the police department must recommend denial and the City Clerk must refer it to the Authority, at which time a notice for a hearing would be issued, and the evidence would be presented in opposition of approval of a manager and the manager would have an opportunity to respond. Mr. Miller stated that in this case, there was a recommendation for denial initially but that recommendation has now been withdrawn and the police department has now recommended approval. Mr. Miller stated that there was now no basis on which the Authority could forward with the hearing.
There was a question and answer period between the Liquor Licensing Authority and Mr. Kennebeck.
Mr. Wisneski moved that in the matter of the change in manager of the Hotel & Restaurant license of Brothers BBQ VI, Inc. d/b/a Bothers BBQ VI was no longer an issue that was of any interest to this Board and that it was resolved and would be administratively cared for by the City Clerk. The motion was seconded. Vote: 6 Aye 0 Nay. AND THE MOTION CARRIED.
ITEM 3 - NEW APPLICATION
3.2% Off Premises Fermented Malt Beverage License
7-Eleven, Inc.
d/b/a Seven Eleven #26137
95 Sheridan Blvd.
Jared Briant - Registration #35773, stated that he was the attorney representing
7-Eleven, Inc.
Eugene Gray, 11821 Frazier St., Brighton, CO 80603, was sworn and stated he is a Field Consultant for 7-Eleven and he oversees the operations of this store. Mr. Gray stated the training program for the employees.
Lawrence Wummel, 439 Newton, Denver, CO 80204, was sworn in and stated he is the manager of this store. Mr. Wummel stated his background with 7-Eleven and his responsibilities as a manager.
Paul Medrano, 1100 S. Yates St. Denver, CO 80219, was sworn in and stated he was in favor of issuing the liquor license.
Bob Salazar, 250 S. Depew St., Lakewood, CO 80226, was sworn in and stated he was in favor of issuing the liquor license.
Kelly Pietrs, Exquire Petitioning Services, 2792 S. Race St., Denver, CO 80210, was sworn in and stated her company did the petition survey and stated the procedures used to do the petitions. Ms. Pietrs stated the results of the survey.
There was a question and answer period between the Liquor Licensing Authority
and Ms. Pietrs.
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Mr. Wisneski moved to approve the application for a 3.2% Off Premises Fermented
Malt Beverage License for 7-Eleven, Inc. d/b/a 7-Eleven #26137, located at 95
Sheridan Blvd. The motion was seconded. Vote: 6 Ayes 0 Nays. THE MOTION CARRIED.
ITEM 4 - NEW APPLICATION
3.2% Off Premises Fermented Malt Beverage License
Wal-Mart Stores, Inc.
d/b/a Wal-Mart Supercenter #4284
440 Wadsworth Blvd.
Adam Stapen - Registration #27506 was sworn in and stated he was the attorney representing Wal-Mart, Inc.
Mr. O'Neill stated that he is a stockholder of Wal-Mart Stores, Inc. and stated he would abstain from voting on this application.
Max Scott, Oedipus, Inc., 1216 Tipperary St., Boulder, CO 80306, was sworn in and stated his company did the petition survey for this applicant. Mr. Scott stated the procedures used to do the petitions and the results of the survey.
There was a question and answer period between the Liquor Licensing Authority
and Mr. Scott.
Jamila Nathaniel, 5706 W. Asbury Pl., Lakewood, CO 80227, was sworn in and stated
she is a co-manager at Wal-Mart. Ms. Nathaniel stated her history with Wal-Mart.
Ms. Nathaniel stated Wal-Mart's policies and training procedures.
There was a question and answer period between the Liquor Licensing Authority and Ms. Nathaniel.
Mr. Timothy Lacey had signed the hearing roster but did not wish to speak before the Authority.
Mr. Muniz moved to approve the application for a 3.2% Off Premises Fermented Malt Beverage License for Wal-Mart Stores, Inc., d/b/a Wal-Mart Supercenter #4284, located at 440 Wadsworth Blvd. The motion was seconded. Vote: 5 Ayes 0 Nays with Michael O'Neill abstaining. THE MOTION CARRIED.
ITEM 6 - GENERAL BUSINESS
Complaint/Appeal of Decision of Board
Tavern License
Kiev, Inc.
d/b/a CP's Tavern
6091 W. Colfax Ave.
Mr. Kennebeck stated Mr. McKinnon, the attorney for Kiev, Inc., filed a complaint but made a mistake and filed it under an appeal process that applies only to state agencies and also appealed it under Colorado Rules of Civil Procedure, Rule 106, which is based on the record of the hearings. Mr. Kennebeck stated that he has the transcripts of the hearings and was ready to go before the court. Mr. Kennebeck stated that the Authority granted a stay until January 14, 2007 and Mr. McKinnon filed a request for a stay under the state act. Mr. Kennebeck stated he filed a brief stating the court does not have jurisdiction because the City of Lakewood is not a state agency. Mr. Kennebeck stated that in order for Mr. McKinnon to get his stay under Rule 106, he must show that there will be irreparable harm to the licensee if the court does not grant the stay. Mr. Kennebeck stated that Mr. McKinnon couldn't meet the standards that are required for Rule 106. Mr. Kennebeck stated that Mr. McKinnon had called the court and requested that the court rule just on the briefs. Mr. Kennebeck stated it was possible the court would rule in Mr. McKinnon's favor and CP's would be able to stay open. Mr. Kennebeck stated that, at that point, CP's would probably stay open until there was a final decision at the District Court level which would probably be a couple of months from now. Mr. Kennebeck stated that Mr. McKinnon has told the owner of CP's not to open after January 13, 2007.
Martoo Corporation
Sunset Liquor of Lakewood
9151 W. Colfax Ave.
Secretary Joyce Wamboldt made a request to change the date of the complaint
for Sunset Liquor of Lakewood from February 8, 2007 to February 22, 2007. Ms.
Wamboldt stated the complaint had not been served as yet. Ms. Wamboldt stated
that Sunset Liquor of Lakewood would be the only item on the agenda the night
of February 8, 2007 and it would make more sense to hold the hearing on February
22nd when there are more items on the agenda. Ms. Wamboldt also stated that
due to the City of Lakewood's mail ballot election that was held on January
2, 2007, the City Clerk's Office had not had the opportunity to serve the complaint
to the licensee and the licensee should have at least 30 days advance notice
of the hearing. The Liquor Licensing Authority agreed to change the date and
Ms. Hansson signed the complaint with the date of February 22, 2007.
ITEM 7 - ADJOURNMENT
There being no further business to come before the Authority, Chairwoman Hansson adjourned the meeting at 8:22 p.m.
Joyce Wamboldt, Liquor Licensing Specialist
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