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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
Eugene O'Malley
Albert Williams
Absent: Michael O'Neill
Stanley Wisneski
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 September 14, 2006
Mr. Williams made a motion to accept the meeting minutes of September 14, 2006.
The motion was seconded. Vote: 5 Ayes 0 Nays. THE MOTION CARRIED.
ITEM 4 - NONRENEWAL HEARING (continued from November 16, 2006)
Tavern License
Kiev, Inc.
d/b/a CP's Tavern
6091 West Colfax Avenue
Ms. Hansson stated that the Liquor Licensing Authority had a draft of the Findings, Conclusions and Order for CP's Tavern. Ms. Hansson stated that Mr. Miller, Counsel for the Liquor Licensing Authority, had suggested adding "and the licensee shall surrender its license" on page three under "Order" in the second paragraph. Ms. Hansson read the Findings, Conclusions and Order into the record.
Findings of Fact
1. That the Licensee holds a Tavern Liquor License for premises at 6091 West
Colfax Avenue, Lakewood, Colorado (the "Premises"), therefore the
Authority has jurisdiction over this matter.
2. The current Licensee purchased the Premises from Leonid Stolyar, d/b/a CP's Easy Time Tavern, in January 2005, after Mr. Stolyor had entered a stipulation with the City to either sell the Premises by January 31, 2005, or surrender the Tavern License after a prior liquor code violation.
3. The current License was issued on March 30, 2005 and expired on March 30, 2006; however, operation of the Premises under that license has continued pending final action on the current Compliant.
4. Proper posting of notices of hearing has been made and proper service has been made.
5. The Complaint was originally served on March 23, 2006 and hearings scheduled for May, 2006 were continued at the Licensee's request.
6. The Complaint alleges thirteen (13) instances of fights and other disturbances and incidents involving intoxicated persons on or about the Premises and seven (7) instances of illegal drug activity, all occurring between March 2005 and March 2006.
7. Each of the incidents alleged in the Complaint have been proven or their occurrence was stipulated to by the Licensee.
8. Extensive testimony was received from residents of the neighborhood and owners of nearby businesses of continuous problems including fights, intoxicated patrons in the neighborhood and the sidewalks and public streets adjacent to the Premises, drug activity on or around the Premises, prostitution around the Premises, threatening behavior and harassment by patrons, public urination and other offensive and disturbing behavior by patrons and the constant presence of police and other emergency personnel in or around the Premises in the year preceding the Complaint. One neighboring resident recorded twenty-six (26) incidents occurring in a recent three (3) month period.
9. According to testimony by Lakewood Police Officers, the Premises has a
reputation of being a "crack palace", a place to obtain illegal drugs,
and Lakewood Police have observed numerous instances of illegal drug activity
on or around the Premises.
10. The employees and owner of the Licensee had knowledge of most of the incidents
alleged in the Complaint and had, in fact, themselves summoned police on many
occasions.
11. There was, in the one year period preceding the Complaint, a pattern of
fights and other disorderly behavior on, or immediately around and related to,
the licenses Premises.
12. During the year preceding the Complaint there was abundant evidence of over-service
of patrons from the time the Premises opened at 7:00 a.m. until it closed at
2:00 a.m.
13. Efforts by management to correct the illegal activity and other issues have
been insufficient and ineffective despite obvious and abundant notice and knowledge
of these problems.
Conclusions
Based upon the above findings the Authority concludes that:
1. The incidents alleged in the Complaint, each proven or stipulated to, and
the conduct or incidents testified to by nearby residential or commercial property
owners, including numerous instances of failing to conduct the Premises in a
decent, orderly and respectable manner; permitting on the Premises the serving
or loitering of visibly intoxicated persons; permitting rowdiness and other
disturbances and activity offensive to the senses of the average citizen or
to the residents of the neighborhood in which the establishment is located,
constitute violations of Regulation 47-900A, Conduct of Establishment, (1 C.C.R.
203-2).
The violations of Regulation 47-900A constitute good cause for denying renewal
under §12-47-103(9)(a), C.R.S.
2. There is clear evidence that the Premises have been operated in a manner
that adversely affects the public health, welfare and safety of the immediate
neighborhood and the findings disclose a continuing pattern of fights and violent
activity and other disorderly conduct as described in § 18-9-106, C.R.S.
These facts constitute good cause for denying renewal under § 12-47-103(9)(d),
C.R.S.
3. It is no defense to the lengthy list of incidents as shown by the proven
charges, the stipulated charges, and the testimony of neighboring property owners
that the Licensee received no citations during the one year period preceding
the Complaint. There is no question the Licensee had knowledge of most of the
incidents and conduct shown by the evidence. In this case at least, the Licensee
cannot wait until a citation is received to begin to take steps to operate the
licensed Premises in a lawful manner in the face of all the problems created
by the establishment.
Order
Based upon the Findings and Conclusions set forth above, IT IS THE ORDER of
the Authority that, good cause having been established, renewal of the Tavern
Liquor License of Kiev, Inc., d/b/a CP's Tavern, is denied pursuant to §
12-47-302(1), C.R.S. The license shall be surrendered to the City of Lakewood,
and the sale, service or consumption of alcohol beverages on the Premises is
prohibited.
This Order shall be stayed for thirty (30) days to allow the Licensee to file
its appeal, but upon expiration of the thirty (30) days, commencing from December
14, 2006, the Order shall be in effect absent a further stay granted by a Court
of proper jurisdiction and the licensee shall surrender its license.
Ms. Roth stated for the record that if the license is not surrendered at the end of the 30 days and there is no injunction, that the police may enter the premises and cease the license.
Ms. Hansson stated for the record that the licensee and his attorney have not appeared for this hearing.
Ms. Hansson stated that for the motion regarding the Findings of Facts, Conclusions
and Order, Mr. Danahey would not be participating in the vote because he was
not present at the hearings.
Mr. Williams moved to accept the Findings of Facts, Conclusions and Order as
entered into the record. The motion was seconded. Vote: 4 Ayes 0 Nays. THE MOTION
CARRIED.
ITEM 5 - SHOW CAUSE HEARING
Hotel & Restaurant License
Friesian, Inc.
d/b/a 3 Margaritas XVII
805 Wadsworth Blvd.
Maby Ponce, 7768 Upham St., Arvada, CO 80003, was sworn in.
Jose Ponce, 7768 Upham St., Arvada, CO 80003, was sworn in.
Ms. Roth stated she had spoken with Mr. and Ms. Ponce's attorney, Erica Kaiser, who was not present at the hearing. Ms. Roth stated this complaint arose out of a compliance check that occurred on June of 2006 by the Lakewood Police Department where a minor was served alcohol at 3 Margaritas XVII. Ms. Roth stated she had spoken to Ms. Kaiser over the phone and they came to an agreement that the licensees would admit to the violation. Ms. Roth stated they are asking for a 10 day suspension with five days held in abeyance for one year. Ms. Roth stated they would like to pay a fine in lieu of suspension. Ms. Roth stated this is a first violation for this business. Ms. Roth stated she had spoken with the Ponce's and they understood the penalty and were in agreement.
Mr. Muniz made a motion to approve the stipulation between the Chief Municipal Prosecutor and Friesian, Inc. d/b/a 3 Margaritas XVII. The motion was seconded. Vote: 5 Ayes 0 Nays. THE MOTION CARRIED.
Ms. Ponce stated that they are admitting to the violation. Ms. Ponce stated they are going to have every employee take the Alcohol Awareness Class.
There was a question and answer period between Ms. Ponce and the Liquor Licensing Authority.
Mr. Muniz made a motion that the following penalty be imposed upon Friesian, Inc. d/b/a 3 Margaritas XVII. 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 December 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 December 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. December 15, 2006 and end on December 20, 2006 at 7:00 a.m. The motion was seconded. Vote: 5 Ayes and 0 Nays. THE MOTION CARRIED.
Ms. Ponce stated they would like to pay a fine in lieu of suspension.
Mr. Williams made a motion that Friesian, Inc. d/b/a 3 Margaritas XVII, be permitted to pay a fine in lieu of five days actual suspension imposed. The motion was seconded. Vote: 5 Ayes 0 Nays. THE MOTION CARRIED.
ITEM 6 - MODIFICATION OF PREMISES
Hotel & Restaurant License
Tuk Tuk Thai Express, Inc.
d/b/a Tuk Tuk Thai Grill
218 Union Blvd.
Vichol Chinsonboon, 57 S. Roger Way, Golden, CO 80401, was sworn in and stated he would like to expand his space. Mr. Chinsonboon stated that it would add an extra 2300 square feet to the premises.
There was a question and answer period between Mr. Chinsonboon and the Liquor Licensing Authority.
Ms. Roth stated that because this application does alter the premises by more than 25%, the needs and desires of the neighborhood were surveyed by petitioning.
Denpitt Sundarapura, 57 S. Rogers Way, Golden, CO 80401, was sworn in and stated that she did the petitioning of the neighborhood. Ms. Sundarapura explained how she did the petitioning and the results of the petitioning.
Mr. Muniz made a motion to approve the modification of premises for Tuk Tuk Thai Express, Inc., d/b/a Tuk Tuk Thai Grill. The motion was seconded. Vote: 5 Ayes 0 Nays. THE MOTION CARRIED.
ITEM 7 - CHANGE IN MANAGER
Hotel & Restaurant License
Brothers BBQ VI, Inc.
d/b/a Brothers BBQ VI
105 Wadsworth Blvd.
Ms. Roth stated the police department had written a memo regarding the manager, Nicholas Simmons, of Brothers BBQ, recommending that he not be approved as the manager because of a prior DUI arrest that Mr. Simmons had and the fact that his license was suspended for failing to complete the court order from the DUI arrest. Ms. Roth stated that she had since received a letter from Mr. Dill, who represents Brothers BBQ, with verification that Mr. Simmons had completed the Level II education that he needed to complete for his DUI. Ms. Roth stated that Mr. Simmons now had his license reinstated and he had 36 of his 60 community service hours completed. Ms. Roth stated the police department had since written a memo recommending approval of Mr. Simmons as the manager. Ms. Roth stated the City was asking to withdraw the complaint against Brothers BBQ.
Mr. Williams stated that the two brothers who own Brothers BBQ had tickets on their records, one had a DUI on his record and the other had a Driving While Impaired on his record. Mr. Williams stated that on their initial application, in his opinion, they were very close to being turned down because of the tickets. Mr. Williams stated he had some concerns regarding Mr. Simmons. Mr. Williams stated the initial police memorandum was issued on August 30th, and now three and a half months later, Mr. Simmons had completed only 36 of 60 hours of community service. Mr. Williams stated they did make any mention of the outstanding warrants from March of 2004 or the arrest in 2004 for Failure to Appear in court for liquor possession, as well as contempt of court, all in 2004. Mr. Williams stated they might all be related to the same thing, but at this time, Mr. Williams stated he was not in favor of approving Mr. Simmons as the manager. Mr. Williams stated that it suggested to him a pattern that was inconsistent with what the Liquor Licensing Authority wanted to see from a manager that is in charge of dispensing liquor.
Ms. Roth stated that it would be best to continue the matter to a different date so that Mr. Dill could be present to address the Liquor Licensing Authority to answer the Authority's questions.
Mr. Williams stated that he would also like more information on the prior issues on Mr. Simmons' record so the Authority can make an intelligent decision.
Mr. Williams made a motion to continue the hearing for the Change in Manager for Brothers BBQ VI to January 11, 2007. The motion was seconded. Vote: 5 Aye 0 Nay. THE MOTION CARRIED.
ITEM 8 - GENERAL BUSINESS
Ms. Roth stated the City was asking the Liquor Licensing Authority to issue a complaint against Martoo Corporation, Inc. d/b/a Sunset Liquor of Lakewood. Ms. Roth stated that this establishment had failed to file sales tax returns for August, September and October of 2006. Ms. Roth stated there was a memo from the Finance Department which stated that Martoo Corporation failed to file and pay their sales tax for those months and that they had provided an insufficient funds check. Ms. Roth stated the check cleared the second time the Finance Department put it through so it was not a part of the complaint but it was stated on the original memo. Ms. Roth stated that she had had several conversations with someone in Finance regarding this business and the City currently had a lien against the business because they owed the City this money.
There was a question and answer period between Ms. Roth and the Liquor Licensing Authority.
Mr. Muniz made a motion to serve a notice of hearing and order to show cause why the Retail Liquor License held by Martoo Corporation, Inc. d/b/a Sunset Liquor of Lakewood, 9151 W. Colfax Ave, should not be suspended or revoked, such hearing to be held on February 8, 2007. The motion was seconded. Vote 4 Aye 0 Nay with Mr. Williams abstaining. THE MOTION CARRIED.
ITEM 9 - ADJOURNMENT
There being no further business to come before the Authority, Chairwoman Hansson adjourned the meeting at 7:47 p.m.
Joyce Wamboldt, Liquor Licensing Specialist
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