|
|
|
 |
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
Michael O'Neill
Albert Williams
Stanley Wisneski
Absent: Eugene O'Malley
John Danahey
Also present: Paul Kennebeck, Deputy City Attorney
Jennifer Roth, Chief Municipal Prosecutor
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 September 28, 2006
Regular Meeting October 12, 2006
Mr. Wisneski made a motion to accept the meeting minutes of September 28 2006
and October 12, 2006. The motion was seconded. Vote: 5 Ayes 0 Nays. THE MOTION
CARRIED.
ITEM 4 - SHOW CAUSE HEARING (continued from August 24, 2006)
Tavern License
CL Enterprises, LLC
d/b/a Club Fantasy
5255 W. 6th Ave.
Robert Dill, Registration No.5725, stated he is appearing on behalf of CL Enterprises, LLC. Mr. Dill introduced Mr. Chris Lee, the licensee.
Deputy City Attorney Paul Kennebeck stated the Colorado State Statute 21-47-901 for unlawful acts includes a number of things that can be a violation from over service to service to someone underage. Mr. Kennebeck stated that paragraph 2 of the complaint states that when the police arrived at the premises, it was discovered that two underage individuals were being served alcoholic beverages. Mr. Kennebeck stated the issue that was being brought forward was the fact that minors were being served. Mr. Kennebeck stated he has one witness, Agent Scott Weichert.
Agent Scott Weichert, Lakewood Police Agent, was sworn in and stated he has been employed as a police agent for approximately five years and his primary duty is to respond to calls for service and investigate any crimes within the City of Lakewood. Agent Weichert testified that on April 3, 2006, the City of Lakewood was contacted with a report of a female passed out in the back of a sedan. Agent Weichert stated that due to the report that she was passed out, West Metro Fire and Rescue was also dispatched to the scene. Agent Weichert testified that at approximately 12:30 a.m., he arrived at the scene with Agent Leonard. Agent Weichert stated they located the female, Ms. Delatore, in a blue sedan that was parked near the front entrance and was being attended there by two females, one of whom was her cousin, Selene Nunez. Agent Weichert testified that one of the females was concerned that Ms. Delatore had been given a date rape drug or something similar. Agent Weichert testified that West Metro Fire and Rescue transported Ms. Delatore to St. Anthony Hospital. Agent Weichert testified that when he looked at the driver's license of Selene Nunez, it indicated that she was18 years old and Ms. Delatore's driver's license indicated that she was 19 years old. Agent Weichert testified that Ms. Nunez had stated that she and another person were drinking inside the bar. Agent Weichert testified that Ms. Nunez did not display any obvious signs of intoxication. Agent Weichert testified that Ms. Nunez stated that Ms. Delatore had had four drinks that evening. Agent Weichert testified that Ms. Nunez stated that she had been I.D.'d at the door but had not been I.D.'d inside by the waitress or any of the staff. Agent Weichert testified that Ms. Nunez stated that anyone over 21 years of age were given wristbands but she and another female had not been given a wristband because they were not 21. Agent Weichert testified that even though they had not been given wristbands, they were served anyway.
Attorney Robert Dill stated that he would stipulate that a minor was served. Mr. Dill stated that he had issued a subpoena on Ms. Selene Nunez and she did not appear at the hearing. Mr. Dill stated that Ms. Delatore presented a false identification to Chris Lee. Mr. Dill stated that an I.D. was checked.
There was a question and answer period between Mr. Dill and Agent Weichert.
There was a question and answer period between the Liquor Licensing Authority and Agent Weichert.
Edgar Campos, 790 Sheridan Blvd., Denver, CO, was sworn in and stated he is the director of a nonprofit organization that promotes high achievement in education for inner city kids. Mr. Campos stated that Club Fantasy allows his organization to sell snacks outside of the club and that he is one of the volunteers selling the snacks. Mr. Campos stated that the proceeds from the sales are used to send kids to college. Mr. Campos stated that on April 3, 2006, he was working at Club Fantasy and he stated he helped one of the two ladies to a chair and stated that she did not seem normal but did not know if she had been drinking. Mr. Campos stated the other lady said that they had had a few drinks at home before coming to Club Fantasy. Mr. Campos stated that the two ladies are regular customers of Club Fantasy and he had sold them snacks in the past.
There was a question and answer period between Mr. Kennebeck and Mr. Campos.
There was a question and answer period between the Liquor Licensing Authority and Mr. Campos.
Chris Lee, 5255 W. 6th Ave., Lakewood, Co, was sworn in and stated he is the owner of Club Fantasy and stated he has been in business a little over a year. Mr. Lee stated he has never had a liquor violation at the club. Mr. Lee stated they check the I.D. of every customer and that anyone over 21 gets a wristband. Mr. Lee stated that either he checks the I.D. or the security company, Eagle Night Security Company, does. Mr. Lee stated that all waitresses and security guards who are hired must attend the City of Lakewood Alcohol Awareness Class. Mr. Lee stated that he has also attended the class. Mr. Lee stated that he was working on April 2, 2006 and that he was the one who checked Ms. Delatore's and Ms. Nunez's I.D.s. Mr. Lee stated that they had been coming to his club about once a month for about six or seven months and, in the past, they had not had I.D.s and had been marked as minors. Mr. Lee stated that they use permanent, black markers and mark across the knuckles of minors because it is hard to wash the ink off the knuckles. Mr. Lee stated that anyone over 21 years of age is given a wristband and once the wristband is taken off, it cannot be put back on. Mr. Lee stated that it is really hard to take the wristband off. Mr. Lee stated that either he or his staff checks identification at the door and inside the club, the wait staff checks for identification also. Mr. Lee stated that Mr. Campos and the other volunteers also check for underage drinking and when they see underage drinking, they notify him or his staff. Mr. Lee stated that he checked Ms. Delatore's I.D. the night of April 2nd. Mr. Lee stated that he remembers that night because she did not have an I.D. until that night. Mr. Lee stated that he really checked the I.D. and also had one of his staff look at the I.D. Mr. Lee stated that Ms. Delatore had always complained that she was over 21 years of age and that she was always marked as a minor because she did not have an I.D., but that night she had a Colorado Driver's License that showed she was 21 years old. Mr. Lee stated that his employee, Ruben Chavez, saw him check her I.D. Mr. Lee stated he put the wristband on Ms. Delatore. Mr. Lee stated Ms. Nunez did not have an I.D. and Mr. Lee stated that he marked her hand as a minor. Mr. Lee stated that after the police had left that night and Ms. Delatore had been released from the hospital, Ms. Delatore came back to the club. Mr. Lee stated that Ms. Delatore said that her I.D. was fake and that she had a fake I.D. so her car insurance would cost less. Mr. Lee stated that Ms. Delatore did not speak very good English so his employee, Pablo Lozano, translated for him.
Mr. Dill produced a letter from Pablo Lozano, which was admitted as licensee's exhibit #1.
Mr. Lee stated the letter from Mr. Lozano described a phone conversation that Mr. Lozano had with Ms. Nunez and the conversation that Mr. Lozano had with Ms. Delatore the night of the incident. Mr. Lee stated that Mr. Lozano had worked for him for about a year. Mr. Lee stated that Ms. Delatore had said that she had had a drink at home and then had come to the club. Mr. Lee stated that Ms. Delatore had been served two shots at the club. Mr. Lee stated that Mr. Lozano could not be at the meeting because he had to attend some classes. Mr. Lee stated that Ms. Nunez is 18 years old and stated that Ms. Delatore had said that Ms. Nunez did not have anything to drink except water at the club.
There was a question and answer period between Mr. Kennebeck and Mr. Lee.
There was a question and answer period between Mr. Dill and Mr. Lee.
There was a question and answer period between the Liquor Licensing Authority and Mr. Lee.
The Liquor Licensing Authority called for a five-minute break at 8:30 p.m. The hearing resumed at 8:47 p.m.
Mr. Dill stated he was going to call one more witness, Mr. Ruben Chavez. Mr. Dill stated that Mr. Chavez did not speak very good English and that Mr. Campos would like to translate for him. Mr. Dill stated that Mr. Campos was not a certified translator.
Ms. Hansson stated that if we got an oath from Mr. Campos that he would translate truthfully and accurately, then the Liquor Licensing Authority would allow it.
Mr. Campos stated that he had already been sworn in and that he speaks both English and Spanish. Mr. Campos stated that he would translate Spanish into English truthfully and accurately.
Mr. Ruben Chavez, 6330 Poplar, Commerce City, CO, was sworn in and stated through Mr. Campos that he works for Mr. Lee. Mr. Chavez stated that part of his job is to check I.D.s. Mr. Chavez stated he was working April 2 and April 3 at Club Fantasy, standing next to Mr. Lee, when the two ladies came in. Mr. Chavez stated he saw Mr. Lee mark one of the women with the marker because she did not have an I.D. and the other woman did have an I.D. Mr. Chavez stated that he could smell alcohol on the woman with the I.D. and knew that she had been drinking. Mr. Chavez stated that Mr. Lee put a wristband on the lady with the I.D. Mr. Chavez stated that Mr. Lee handed the I.D. to him and Mr. Chavez stated that it was a Colorado I.D. Mr. Chavez stated that later he went to work outside.
There was a question and answer period between Mr. Kennebeck and Mr. Chavez with Mr. Campos translating.
There was a question and answer period between the Liquor Licensing Authority and Mr. Chavez with Mr. Campos translating.
Agent Weichert was called back on the stand. There was a question and answer period between the Liquor Licensing Authority and Agent Weichert.
Mr. Kennebeck gave the Liquor Licensing Authority a copy of Colorado State Regulation 47-912 relating to identification and asked the Board to read it.
Mr. Kennebeck stated that the burden of proof is on the licensee to establish by a preponderance of the evidence that the minor presented fraudulent identification. Mr. Kennebeck stated that Counsel for the licensee did stipulate to the fact that Ms. Delatore was a minor and was served on the premises. Mr. Kennebeck stated that the sole issue is whether it was a fake I.D. or not a fake I.D. Mr. Kennebeck stated that there was evidence presented that Ms. Nunez was drinking that evening and Agent Weichert testified that she was 18 years old. Mr. Kennebeck stated there is one stipulation and some evidence on Ms. Nunez that both were underage and both were drinking in Club Fantasy. Mr. Kennebeck stated that Club Fantasy has raised an affirmative defense and Mr. Kennebeck stated that the burden shifts to the licensee and if the Liquor Licensing Authority has any doubts or cannot make a decision regarding this, then the licensee has not met their burden of proof and they have not convinced the Authority.
Mr. Dill stated that Club Fantasy is charged with selling alcoholic beverages to two underage individuals. Mr. Dill stated that the evidence relating to Ms. Nunez is unsupported hearsay that a minor was served. Mr. Dill stated that there was a lady telling a police officer that she was served drinks and we don't even know how old she was, other than what she told the police officer. Mr. Dill stated that no one saw her I.D. Mr. Kennebeck has the burden of proof regarding Ms. Nunez. Mr. Dill stated that Mr. Kennebeck must prove that she is under 21 years of age and that she drank. Mr. Dill stated that there are no employees stating that they served a minor and Agent Weichert did not know whether she was served. Mr. Dill stated that Ms. Nunez volunteered the information and Mr. Dill stated that is insufficient to form the basis to find a licensee guilty. Mr. Dill stated they did subpoena her to bring her to the hearing and she did not come in. Mr. Dill stated the licensee made a good faith effort to try to bring her here to make her say what happened. Mr. Dill stated it would be hard to find the licensee in violation regarding Ms. Nunez based solely on the admission of a person who has never appeared and has not made a statement that was not under oath. Mr. Dill stated that on the issue of Ms. Delatore, it is their burden to prove that Mr. Lee checked the I.D. Mr. Dill stated there isn't any evidence that he did not check the I.D. Mr. Dill stated that Mr. Lee testified under oath that he checked her I.D.and his testimony was corroborated by another individual who testified under oath. Mr. Dill stated that Mr. Lee goes to great lengths to make sure that he is complying with the law. Mr. Dill stated that he believed the licensee had met the burden of proof.
Mr. Kennebeck stated that regarding that there has been no proof that Ms. Delatore and Ms. Nunez were under 21 years of age, Mr. Kennebeck asked the Authority to remember the testimony of all of the licensee's witnesses that testified the two women were under 21. Mr. Kennebeck stated there has been ample evidence that both are under 21. Mr. Kennebeck stated that there was a lot of confusion here this evening with the witnesses and the language issues and there was probably confusion on that evening 8 months ago. Mr. Kennebeck stated that he found it hard to believe they could remember what they did on a Sunday night eight months ago. Mr. Kennebeck stated that it was hard to believe that these two young ladies sat in the bar for four hours with one of them drinking only water.
There was discussion among the Liquor Authority members and their Counsel, Dick Miller.
Mr. Williams made a motion that the suspension or revocation of the tavern license of CL Enterprises, LLC d/b/a Club Fantasy be dismissed. The motion was seconded. Vote: 5 Ayes 0 Nays. THE MOTION CARRIED.
ITEM 5 - NONRENEWAL HEARING (continued from July 27, 2006)
Tavern License
Kiev, Inc.
d/b/a CP's Tavern
6091 West Colfax Avenue
The licensee's attorney, Doug McKinnon, was ill and could not attend the meeting. The hearing was continued to November 16, 2006. The Liquor Licensing Authority requested that a copy of the verbatim transcript be provided to them before the next meeting.
Ms. Hansson stated that due to the fact that this is Mr. McKinnon's fourth continuance, she has asked Ms. Wamboldt to send a letter to Mr. McKinnon stating that this is his last continuance and that if Mr. McKinnon cannot go forward on November 16th, then he will need to provide an attorney that will be able to go forward with the hearing because the Authority will not continue the hearing again. Ms. Wamboldt stated the letter would be mailed to Mr. McKinnon on Monday morning.
ITEM 6 - GENERAL BUSINESS
ITEM 7 - ADJOURNMENT
There being no further business to come before the Authority, Chairwoman Hansson adjourned the meeting at 9:44 p.m.
Joyce Wamboldt, Liquor Licensing Specialist
 |
||
Americans with Disability Act (ADA) Notice |
||
