|
|
|
 |
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
Stanley Wisneski
Albert Williams
Absent: Michael O'Neill
Also present: Jennifer Roth, Chief Municipal Prosecutor
Donia Amick, Sergeant, Lakewood Police Department
Jennifer Pingel, Compliance Technician
ITEM 3 - APPROVAL OF MINUTES
Regular Meeting February 22, 2007
Mr. Wisneski made a motion to accept the meeting minutes of February 22, 2007.
The motion was seconded. Vote: 6 Ayes 0 Nays. THE MOTION CARRIED.
ITEM 4 - SHOW CAUSE HEARING
Retail Liquor License
Kyong Hui Springer
d/b/a Curve Liquors
6795 West Mississippi Avenue
Carl Ream, Registration No. 19397, stated he was the attorney for Kyong Hui Springer.
Ms. Roth stated that the violation, sale to a minor, was due to a sting operation by the Lakewood Police Department. Ms. Roth stated this was the first violation for Curve Liquors. Ms. Roth stated she had spoken with Mr. Ream and she was recommending a ten day suspension with five days held in abeyance for 12 months. Ms. Roth stated the licensee would like to pay a fine in lieu of suspension for the other five days.
Mr. Ream stated that Ms. Springer has been the owner of Curve Liquors for the past five years and that this was her first violation. Mr. Ream stated that he would like the Liquor Licensing Authority to take that into consideration and approve the stipulation.
Mr. Muniz made a motion to approve the stipulation between the Chief Municipal Prosecutor and Kyong Hui Springer d/b/a Curve Liquors, located at 6795 W. Mississippi Ave. The motion was seconded. Vote: 6 Ayes 0 Nays. THE MOTION CARRIED.
Mr. Ream stated that his client was admitting to the violation and asked that they be allowed to pay a fine in lieu of suspension.
Mr. Wisneski made a motion that the following penalty be imposed upon Kyong Hui Springer d/b/a Curve 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 March 23, 2007, 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 March 23, 2007, 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. March 23, 2007 and end on March 28, 2007 at 8:00 a.m. The motion was seconded. Vote: 6 Ayes and 0 Nays. THE MOTION CARRIED.
Mr. Williams made a motion that Kyong Hui Springer d/b/a Curve 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 5 - SHOW CAUSE HEARING
Tavern License
Tibeck, Inc.
d/b/a Front Range Inn
7779 West Morrison Road
Ms. Roth stated the violation, sale to a minor, was due to a sting operation by the Lakewood Police Department. Ms. Roth stated this was their first violation and stated that she was recommending a ten day suspension with five days held in abeyance for one year. Ms. Roth stated the licensee would like to pay a fine in lieu of suspension for the remaining five days.
Mr. Wisneski made a motion to approve the stipulation between the Chief Municipal Prosecutor and Tibeck, Inc. d/b/a Front Range Inn, located at 7779 W. Morrison Road. The motion was seconded. Vote: 6 Ayes 0 Nays. THE MOTION CARRIED.
Timothy Gianulis, 10079 Exposition Dr., Lakewood, CO 80226, was sworn in and stated he and his father have been the owners of the Front Range Inn for 20 years. Mr. Gianulis stated that they are very proud of their record and stated they have never had a violation in those 20 years. Mr. Gianulis stated they do accept the plea and asked the Liquor Licensing Authority for some leniency on when the suspension starts. Mr. Gianulis stated they would like the suspension to start on Monday instead of the weekend so the fine wouldn't be so high. Mr. Gianulis stated they have really been struggling over the last few months because of the smoking ban.
There was a question and answer period between the Liquor Licensing Authority and Mr. Gianulis.
James Gianulis, 2447 S. Victor St., Unit B, Aurora, CO 80014, was sworn in and stated that their business was down and that they are struggling very hard.
Ron Moermond, 9036 W. Asbury Dr., Lakewood, CO 80227, was sworn in and stated the Front Range Inn was a very nice establishment and he opposed any sanction on the license.
Rita Kawamoto, 3425 S. Ammons St., Lakewood, Co 80227, was sworn in and stated the Front Range Inn was a family establishment and stated this was a very harsh fine on a very small business.
Aaron Hershkovitz, 211 Kahala Cir., Castle Rock, CO 80104, was sworn in and stated he was the previous owner of the Front Range Inn and stated he was still the owner of the property. Mr. Hershkovitz stated the current owners gave a lot of attention to checking I.D.'s and making sure the bar was properly operated.
There was a question and answer period between the Liquor Licensing Authority and Mr. Timothy Gianulis.
There was discussion among the members of the Liquor Licensing Authority.
Mr. Muniz made a motion that the following penalty be imposed upon Tibeck, Inc. d/b/a Front Range Inn. 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 March 26, 2007, 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 March 26, 2007, 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. March 26, 2007 and end on March 28, 2007 at 7:00 a.m. The motion was seconded. Vote: 6 Ayes and 0 Nays. THE MOTION CARRIED.
Mr. Wisneski made a motion that Tibeck, Inc. d/b/a Front Range Inn, 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
Tavern License
Grivas Corp.
d/b/a Hart's Corner Bar & Restaurant
5201 West Mississippi Avenue
Ms. Roth stated the violation, sale to a minor, was also due to a sting operation by the Lakewood Police Department. Ms. Roth stated that this was a first offense and she was recommending ten days suspension with five days held in abeyance for one year. Ms. Roth stated the licensee would like to pay a fine in lieu of suspension on the remaining five days.
Mr. Muniz made a motion to approve the stipulation between the Chief Municipal
Prosecutor and Grivas Corp. d/b/a Hart's Corner Bar & Restaurant, located
at 5201
W. Mississippi Ave. The motion was seconded. Vote: 6 Ayes 0 Nays. THE MOTION
CARRIED.
Emanuel Grivas, 5201 W. Mississippi, Lakewood, CO 80226, was sworn in and stated he would answer any questions that the Liquor Licensing Authority had.
There was a question and answer period between the Liquor Licensing Authority and Mr. Grivas.
Mr. Wisneski made a motion that the following penalty be imposed upon Grivas Corp. d/b/a Hart's Corner Bar & Restaurant. 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 March 23, 2007, 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 March 23, 2007, 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. March 26, 2007 and end on March 28, 2007 at 8:00 a.m. The motion was seconded. Vote: 6 Ayes and 0 Nays. THE MOTION CARRIED.
Mr. Muniz made a motion that Grivas Corp. d/b/a Hart's Corner Bar & Restaurant, 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 (continued from February 22, 2007
Retail Liquor License
Martoo Corp., Inc.
d/b/a Sunset Liquor of Lakewood
9151 W. Colfax Ave.
Ms. Roth stated that Mr. Nieto, the owner of Sunset Liquor of Lakewood, did not file and pay sales tax for August, September and October. Ms. Roth stated that as of the beginning of January, Mr. Nieto had paid for those months. Ms. Roth stated that he still owed sales tax for December, January and February of this year. Ms. Roth stated that she had spoken with Mr. Nieto and they had come to an agreement. Ms. Roth stated that if Mr. Nieto admits that he did violate State Statute 12-47-307, she would ask the Board to continue his sentencing until the hearing date of April 26, 2007. Ms. Roth stated that in the next month they are asking Mr. Nieto to become compliant with all of his sales taxes, which would include all taxes through April 25, 2007. Ms. Roth stated that Mr. Nieto had met with Jennifer Pingel from the Lakewood Department of Finance and set up a payment plan that would run through April 20, 2007 to allow him to get completely caught up on his sales tax. Ms. Roth stated that if he was compliant and remained compliant for a year, then she would ask the Board not to impose any revocation or suspension of his license. Ms. Roth stated that if Mr. Nieto does not follow the terms that had been agreed upon, then she would ask for revocation or a suspension of his license. Ms. Roth state that she had the agreement in writing and that she would give it to the Board at the sentencing hearing on April 26, 2007. Ms. Roth stated that there would be a review for a year in which one of the terms of the agreement was that he must stay compliant for a year with sales tax and if he would fall behind in his sales tax during that year, then the City would bring forth another complaint to the Board and Mr. Nieto would have to reappear before the Board for sanctions.
There was a question and answer period between Ms. Roth and the Liquor Licensing Authority.
Mr. Muniz made a motion to approve the stipulation between the Chief Municipal Prosecutor and Martoo Corp., Inc. d/b/a Sunset Liquor of Lakewood, located at 9151 W. Colfax Ave. The motion was seconded. Vote: 6 Ayes 0 Nays. THE MOTION CARRIED.
Jesus Nieto, 1080 Explorador Calle, Denver, CO 80229, was sworn in and admitted that he had violated the statute. Mr. Nieto stated that he was not aware of this particular statute and stated that he was using the leverage that he thought he had in paying his taxes. Mr. Nieto stated that the tax form states, there is a 10% penalty if the tax payment is late and a 1.4% interest penalty per month. Mr. Nieto stated that since he had only owned the store for 28 months, he wanted to move his money around to where he could continue to operate and build his inventory up so he could continue to stay in business. Mr. Nieto stated that he thought he could push the sales tax back a month or two and pay the penalty and interest. Mr. Nieto stated he didn't know a statute where he had to stay compliant with his taxes even existed. Mr. Nieto stated that he was taking advantage of the 10% penalty and the monthly interest charge to delay paying his sales tax. Mr. Nieto stated that when he received the complaint, his taxes were paid. Mr. Nieto stated that he was admitting to the violation because he now understood what the statute was but at the time he didn't understand.
Mr. Wisneski moved that the Show Cause Hearing for the Retail Liquor License of Martoo Corp., Inc. d/b/a Sunset Liquor of Lakewood be continued to April 26, 2007. The motion was seconded. Vote: 6 Ayes 0 Nays. THE MOTION CARRIED.
ITEM 8 - GENERAL BUSINESS
A. Ms. Roth stated that she was bringing forward a complaint against La Ballerina to be issued by the Board. Ms. Roth stated there are three alleged issues with La Ballerina, the first being that they are employing waitresses to solicit patrons to buy drinks for the waitresses at an inflated price and the waitresses get a cut of the price, the second issue was alleged over service. Ms. Roth stated that when the Lakewood police officers went into the establishment, there was a patron who was passed out in a booth and his beer was spilled onto the floor and there was a second patron who needed help walking, he was so intoxicated. Ms. Roth stated the third issue was no food available for the patrons to purchase.
Mr. Wisneski made a motion to serve a notice of hearing and Order to Show Cause why the Hotel & Restaurant License held by La Ballerina, LLC d/b/a La Ballerina, 5660 W. Colfax Ave., should not be suspended or revoked, such hearing to be held on April 26, 2007. The motion was seconded. Vote: 6 Ayes 0 Nays. THE MOTION CARRIED.
B. Ms. Roth stated there was a second complaint that she was asking to be issued for Morrison Road Liquors. Ms. Roth stated the alleged violation was that Morrison Road Liquors was buying alcohol from another retail liquor licensed store and then selling it at their store, which violates State Stature 12-47-9019(5)(f).
Mr. Muniz 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 April 26, 2007. The motion was seconded. Vote: 6 Ayes 0 Nays. THE MOTION CARRIED.
C. Annual Election of Chairman & Vice Chair
Mr. Williams nominated Kristina Hansson to serve as Chairwoman of the Liquor Licensing Authority for the period of one year, commencing on April 1, 2007 and ending on March 31, 2008. The motion was seconded. Vote: 6 Ayes 0 Nays. THE MOTION CARRIED.
Mr. Wisneski nominated Albert Williams to serve as Vice Chair of the Liquor Licensing authority for the period of one year, commencing on April 1, 2007 and ending on March 31, 2008. The motion was seconded. Vote: 6 Ayes 0 Nays. THE MOTION CARRIED.
ITEM 9 - ADJOURNMENT
There being no further business to come before the Authority, Chairwoman Hansson adjourned the meeting at 7:46 p.m.
Joyce Wamboldt, Liquor Licensing Specialist
 |
||
Americans with Disability Act (ADA) Notice |
||
