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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
Michael O'Neill
Absent: Albert Williams
Stanley Wisneski
Also present: Paul Kennebeck, Deputy City Attorney
Jennifer Roth, Chief Municipal Prosecutor
Donia Amick, Sergeant, Lakewood Police Department
Mr. Kennebeck asked the Liquor Authority to call one of the items under General Business first. The Chair moved Item 6 after Item 2 on the Agenda.
ITEM 6 - GENERAL BUSINESS
Summary Suspension
Retail Liquor License
Alameda Square Discount Liquor
12792 W. Alameda Pkwy.
Mr. Kennebeck - Ladies and gentlemen, thank you for taking this out of order. We have some witnesses here this evening that were subpoenaed to be here. They have been cooperative with the police and they will be cooperative this evening, I believe, but they also have other obligations and I appreciate you taking this out of order. Some of you, as I look at the Board, may have been on the Board before when we have had a summary suspension and probably most of you haven't. This is unusual but it's allowed for in the Liquor Code. As you know, a liquor license is a property right and before that right, before that license can be suspended or revoked, there has to be a hearing, at which the licensee has a right to appear and cross exam and present his own witnesses and that licensee is not here this evening. The reason the Liquor Code allows for Summary Suspension is due process reason, is that we have to have a subsequent hearing within 15 days. Now, I understand that there may be a problem getting a quorum. At the next hearing, I do not need to have the same Board members. This is not like a continuance like in CP's that kept getting continued. I just need another quorum, another Board. And Dick, by the way, if I say anything wrong, jump in.
Dick Miller - I think the problem is there is not going to be enough members of the Board.
Paul Kennebeck - Well then, let me pause for just a second. I cannot proceed with a Summary Suspension Hearing unless there is a pretty good guarantee that within a 15-day period, there will be a return hearing. Obviously, I was shooting for April 26th, two weeks from tonight, at your regular meeting. It doesn't have to be then. It could be any other time within that 15-day period. So I guess we have to decide, one of the issues was that perhaps next Thursday night, the 19th, we could have it. This room may be taken but we could have it, as we've done before, over in the Courts. Do you all know if you are free a week from tonight?
Christina Hansson - I think we have four of us and Mr. Miller is available on the 19th.
Paul Kennebeck - And a quorum is four. Well then, if after you have heard the evidence this evening, you do summarily suspend, you have to pick a return date and that return date will be April 19th.
The reason for a Summary Suspension, it's set out in the complaint that you
have. There is authority for it in the statute and regulation, and the regulation
says that "Where a licensing authority has reasonable grounds to believe
and finds the licensee has been guilty of a deliberate and willful violation
of any applicable law or regulation or that if the public health, safety or
welfare imperatively requires emergency action and then incorporates such findings
in it's order, it may temporarily or summarily suspend the license." I
believe that when you hear the evidence this evening, you will find that both
aspects, both components are present this evening, that there has been a deliberate
and willful violation of the Liquor Code and that the public health, safety
or welfare imperatively requires emergency action.
The basis for the complaint is a sale to a minor but in this case, it's more
than that. As a result of a police investigation, they have determined that
Alameda Square Discount Liquors sells alcohol to minors on a continuous and
regular basis and I believe that the evidence tonight will show you that. When
the police were investigating, Agent Struck will testify this evening that he
monitored the place and within a 24 hour period, these were not sting cases
by the way, that within a 24 hour period, he saw young people come out of Alameda
Square Discount Liquors, they have purchased alcohol. They are here this evening
to testify to that. You will also hear testimony from Brent Struck and maybe
also these lay witnesses that it appears everybody knows this is where you can
go and buy alcohol. We think it's serious enough to bring it as a Summary Suspension
and the final determination will be for you. We just did not think that if we
issued this complaint and we didn't have the hearing for another month or six
weeks, and in the mean time the alcohol sales would continue. That's how reckless
it was.
I am going to change topics for a second. I have been speaking with Alex, Joshua
and Jorge, the witnesses here this evening, and Alex's father, and I told them
that when they testify, if they testify this evening under oath that they purchased
alcohol, that they are admitting that they violated a city ordinance and I think
also a state statute and they have the right under the Fifth Amendment not to
incriminate themselves. That right, technically as I understand it, that right
not to incriminate yourself goes away if there is a promise that you won't be
sanctioned for that crime, if you are granted immunity. I also understand that
only a district attorney can grant immunity. I can't do that, but I have told
the parents and the children, the young adults, that Sergeant Bob Major, who
is the head of the investigation on this case, and our head prosecutor, is in
concurrence with me. I agree with this, we will not issue a summons complaint.
There will not be a prosecution of these three witnesses if they testify truthfully
this evening and if we need them at the next hearing and testify truthfully.
So, I raise the issue in case the attorney for the Board or Ms. Hansson feels
there should be some Fifth Amendment warning, but I won't repeat myself, I am
of the opinion that there probably doesn't have to be because we're not going
to be prosecuting them if they testify truthfully. Do you have any comment,
Ms. Hansson?
Ms. Hansson - I'm just wondering if there's any possibility that the district attorneys will. They have the ability to issue a summons themselves.
Mr. Kennebeck - I have to be honest and say I don't know. Maybe Ms. Roth, do you have any opinion if a district attorney would have a county sheriff come down and issue a summons complaint for a sale to a minor? I know I'm putting you on the spot.
Ms. Roth - I think it's highly unlikely that they would but you raise a good point that they do have the ability.
Ms. Hansson - I agree but there is that one small possibility.
Ms. Roth - Sure.
Mr. Kennebeck - One point of order, these gentlemen this evening are appearing under subpoena and I would ask that the subpoenas be continued to Thursday, April 19th. Unless there are some questions, I am ready to proceed with Agent Brent Struck.
Agent Brent Struck, Detective with the Lakewood Special Investigations Unit,
was sworn in.
Mr. Kennebeck - Detective Struck, how long have you been with the Lakewood Police
Department?
Agent Struck - About seven and a half years.
Mr. Kennebeck - What have your duties been over those seven and a half years?
Agent Struck - A patrol agent, section liaison unit agent and a detective.
Mr. Kennebeck - How long have you been a detective?
Agent Struck - For approximately four months.
Mr. Kennebeck - And in your roll as detective, did you have occasion to be at Alameda Square Discount Liquors April 5th of this year, 2007, at about 3:20 in the afternoon.
Agent Struck - Yes, I was.
Mr. Kennebeck - And what was your purpose for being there?
Agent Struck - I had received information that the liquor store was selling to underage minors, under the age of 21.
Mr. Kennebeck - And did you set up surveillance at the store? Why don't you describe what you did that day.
Agent Struck - Yeah, I had set up surveillance on the store, just parked in the parking lot in a city vehicle.
Mr. Kennebeck - Was anybody with you?
Agent Struck - On that day, no.
Mr. Kennebeck - And did you have a clear view of the store and of the entrance?
Agent Struck - Yes, I did.
Mr. Kennebeck - And describe what you saw on that day at about 3:30 p.m.
Agent Struck - At about that time, I saw an Isuzu Trooper pull into the parking lot and I saw three males inside the vehicle that appeared to be underage. They initially circled the lot and then one male got out of the vehicle, walked inside the liquor store, and then a short time later, came back out of the liquor store holding a brown bag that I believed to be alcohol.
Mr. Kennebeck - And what did you do when you saw that?
Agent Struck - I watched him get in the car or into the Trooper. It left the parking lot. I followed it into the neighborhood and I aired for any patrol units in the area to make a traffic stop for me.
Mr. Kennebeck - Why did you follow him?
Agent Struck - I believed that an underage purchase had been made.
Mr. Kennebeck - Ok. And after the traffic stop was made, what happened?
Agent Struck - Well, before the traffic stop was made, the two passengers in the vehicle had gone to, I believe the address is 12650 W. Virginia Ave., and got out and went inside an apartment there, and then the vehicle left and then the stop was made by two marked units.
Mr. Kennebeck - As a result of that stop, what did you do?
Agent Struck - The stop was made, and then I came on scene and I talked to the driver of that vehicle, and I learned that the person who had bought the alcohol was underage. He was a classmate of his at Green Mountain High School and that kid had driven them there for the purpose of buying alcohol.
Mr. Kennebeck - Ok. And did you have occasion to contact the person who purchased the alcohol?
Agent Struck - Yes, I did.
Mr. Kennebeck - And how did that occur?
Agent Struck - I went back to the address on Virginia, knocked on the door, contacted three subjects inside and I asked them. One of them I recognized to be Alex Cote, the person who I observed buy the alcohol.
Mr. Kennebeck - And did you have any conversations with Alex that night? Obviously, he is going to testify later, but just briefly, did you have any conversations with him that day?
Agent Struck - Yes, I did.
Mr. Kennebeck - And what did he say?
Agent Struck - He told me he did indeed go in and buy a bottle of alcohol. He paid $2.99 plus tax for it and he gave me the bottle, which was still unsealed.
Mr. Kennebeck - Did he indicate whether or not he was I.D'd?
Agent Struck - Yeah, I asked him if he was I.D.'d and he said he was not.
Mr. Kennebeck - OK. And was he cooperative?
Agent Struck - Very cooperative.
Mr. Kennebeck - And the other two witnesses, Joshua and Jorge, were they cooperative with you, also?
Agent Struck - Yes, they were.
Mr. Kennebeck - Did you have occasion to talk to other people who were in the apartment with Alex that afternoon?
Agent Struck - Yes, I did.
Mr. Kennebeck - And did you have occasion to talk to them about Alameda Square Discount Liquors?
Agent Struck - Yeah, I had an opportunity to talk to all three of them in there about what they knew about it. The first one, Alex, had told me that that was at least the fourth time he'd been into the liquor store and had bought alcohol within the last month and a half and that he had never been I.D.'d. He had also told me he was aware of at least 20 to 25 other Green Mountain High School students who had bought alcohol in that liquor store. I talked to Michael Hoglund, who had told me that he was not aware of, or he had not, himself, bought alcohol inside the store, but he had been with Alex on one other occasion when Alex bought alcohol and he told me that he was aware of a lot of kids who have purchased there, that they brag about it, how easy it is. I also talked to a third subject, which I don't remember his name off the top of my head. I think his last name was Jones.
Mr. Kennebeck - Kevin Jones?
Agent Struck - Kevin Jones. He told me that he had never purchased alcohol within the store before but he was aware of at least 15 to 20 other kids who have purchased alcohol from that liquor store in the past.
Mr. Kennebeck - Ok. The incident where, what city and county is Alameda Square Discount Liquors located in?
Agent Struck - City of Lakewood, County of Jefferson, State of Colorado.
Mr. Kennebeck - On the next day, April 6th, again at about 3:30 p.m., did you have occasion to be at Alameda Square Discount Liquor?
Agent Struck - Yes, I was.
Mr. Kennebeck - Was there anybody with you at that time?
Agent Struck - Yeah, I believe at that time Kim Orcutt, our technician was with me, Sergeant Bob Major and Detective Jim Delashmutt and Agent Segura, Agent Jody Segura.
Mr. Kennebeck - And were you there for the same reason?
Agent Struck - Yes, I was.
Mr. Kennebeck - Tell a little bit about your surveillance on that day.
Agent Struck - On that occasion, at about that time, I observed a, I believe it was a Volvo station wagon, blue Volvo station wagon, pull in front of the store. The sole occupant and driver appeared to be underage at the time. He sat out in front of the store for a few minutes, went inside and was inside for a few minutes, and came back out carrying a 20 pack of Budweiser bottles.
Mr. Kennebeck - And when you saw that, what did you do?
Agent Struck - The car left. We followed it and I had Agent Segura initiate a traffic stop.
Mr. Kennebeck - And did you have occasion to talk to the driver?
Agent Struck - Yes, I did.
Mr. Kennebeck - And what did he tell you?
Agent Struck - He told me that he'd gone inside the store and purchased the alcohol, that he was not asked for an I.D., and I believe he had told me that this was at least the second occasion within the last month that he's purchased alcohol from the store.
Mr. Kennebeck - And was both he and Alex Cote under 21 years of age?
Agent Struck - Yes, Alex is 17 and Jorge, I believe, is 19.
Mr. Kennebeck - And then, finally, again on April 6th, about an hour later at 4:30 p.m., did you have occasion to be at Alameda Square Liquors?
Agent Struck - Yes, I was.
Mr. Kennebeck - And can you describe what occurred on that occasion?
Agent Struck - Yeah, on that occasion I observed a tan colored or bronze colored Dodge Durango pull into the parking lot. It was being driven by a female and a male passenger; both appeared to be underage. The female stayed inside the vehicle while the passenger, the male passenger, went inside. He came out a short time later carrying a plastic bag, which appeared to be alcohol.
Mr. Kennebeck - And when you saw that, what did you do?
Agent Struck - Again, we let the vehicle leave. I had Agent Segura initiate a traffic stop a short time later and made contact with the driver and the passenger.
Mr. Kennebeck - Did you have occasion to talk to the driver?
Agent Struck - I didn't talk to the driver; I talked to the passenger.
Mr. Kennebeck - And what did you learn?
Agent Struck - I learned that he had gone into the store and purchased two bottles of alcohol, a 750-liter bottle of Bacardi 151 and a 750-milliliter bottle of Malibu Rum, coconut rum.
Mr. Kennebeck - And this is Joshua Williams?
Agent Struck - Joshua Williams.
Mr. Kennebeck - What is his age?
Agent Struck - He's 18.
Mr. Kennebeck - I have no further questions at this time.
Ms. Hansson - Are there any questions from the Liquor Authority?
Mr. O'Malley - One question. At any time, any over the three-day period, was anybody over 21?
Agent Struck - That I stopped?
Mr. O'Malley - That you stopped.
Agent Struck - No.
Mr. Kennebeck - You may step down. May he be excused?
Ms. Hansson - Yes.
Mr. Kennebeck - The City calls Mr. Alex Cote.
Mr. Alex Cote, 13966 W. Wesley Ave., Lakewood, CO 80228, was sworn in.
Mr. Kennebeck - Alex, I appreciate you being here this evening.
Ms. Hansson - Before you start, can we just make sure that he understands that he would have the right not to testify if he chose.
Mr. Kennebeck - Yes, please.
Ms. Hansson - Did you hear the discussion between the city attorney and me about your right to testify or choose not to testify?
Mr. Cote - Yes, ma'am and I had that conversation with the sergeant before.
Ms. Hansson - Ok and is it your decision then to go ahead and testify this evening?
Mr. Cote - Yes, ma'am.
Ms. Hansson - Ok. Thank you.
Mr. Kennebeck - I'm sorry, I missed that.
Ms. Hansson - He said he does want to testify.
Mr. Kennebeck - We'll keep this fairly brief. On April 5th, a few days ago, at about 3:20 p.m., did you have occasion to go to Alameda Square Liquors and purchase alcohol?
Mr. Cote - Yes, sir.
Mr. Kennebeck - Could you describe what you did. Who was in the store, anybody else?
Mr. Cote - Just the guy behind the counter.
Mr. Kennebeck - And did he ask to see your I.D.?
Mr. Cote - No sir, he didn't.
Mr. Kennebeck - And were you dressed like your dressed now or look like you look now?
Mr. Cote - For the most part.
Mr. Kennebeck - Ok. My point being, you didn't look older or were wearing shades or a hat or try to make yourself look older or anything.
Mr. Cote - I don't believe I was wearing a hat or anything.
Mr. Kennebeck - And what did you purchase that day?
Mr. Cote - Just a flask-sized bottle of Sailor Jerry's. It's a rum.
Mr. Kennebeck - And how old are you?
Mr. Cote - 17.
Mr. Kennebeck - And have you had occasion to do that before at Alameda Square Liquors, purchase alcohol?
Mr. Cote - Yes.
Mr. Kennebeck - How often?
Mr. Cote - I've only been there three or four times before.
Mr. Kennebeck - You purchased alcohol on those occasions?
Mr. Cote - Yes.
Mr. Kennebeck - Did the same clerk wait on you?
Mr. Cote - Yes, he did.
Mr. Kennebeck - Has he ever asked for an I.D.?
Mr. Cote - Not that I can recall.
Mr. Kennebeck - Do you have a fake I.D.?
Mr. Cote - No, I don't.
Mr. Kennebeck - And then, without naming any names or anything, do you have any knowledge if there are others who are under the age of 21 who have purchased alcohol at Alameda Square Liquors?
Mr. Cote - It's something that just people say that they have, they talk about
a lot, saying that it's easy, just around the school.
Mr. Kennebeck - I have no further questions.
Ms. Hansson - Any questions by the Liquor Authority? No? Thank you.
Mr. Kennebeck - And again, unless they are interested in staying around, may Mr. Cote be excused, if he wishes? Thank you. I call Jorge Garcia.
Jorge Mauricio Ponce Garcia, 1617 S. Holland Ct., Lakewood, CO 80232, was sworn in.
Ms. Hansson - Again, Mr. Garcia, did you hear the discussion that you have the right not to testify if you choose to?
Mr. Garcia - I did.
Ms. Hansson - And is it your choice to testify?
Mr. Garcia - It is.
Mr. Kennebeck - Jorge, thank you for being here this evening. I appreciate your cooperation. On April 6th, at about 3:30 p.m., did you have occasion to be at Alameda Square Liquors and purchase alcohol?
Mr. Garcia - I did.
Mr. Kennebeck - Could you describe what it was that you purchased?
Mr. Garcia - I purchased a 20-pack of Budweiser.
Mr. Kennebeck - Ok. How did you know to go to Alameda Square Liquors as compared to some other store?
Mr. Garcia - I actually had been there with friends, all my friends are older than I. I graduated in 2005 and so they all graduated in the same year, and I think he just must have assumed that I was their same age, and I had only been there one other occasion with my friends.
Mr. Kennebeck - Ok. When you purchased the alcohol, were you alone?
Mr. Garcia - I was.
Mr. Kennebeck - Did the clerk ask to see an I.D.?
Mr. Garcia - He did not.
Mr. Kennebeck - And how old are you?
Mr. Garcia - I'm 19.
Mr. Kennebeck - Again, without naming any names, are you aware of fellow students or friends that are under 21 that have also purchased alcohol at Alameda Square Liquors.
Mr. Garcia - Actually, I'm not. As I mentioned before, I'm the youngest of my friends so they're all 21 or older.
Mr. Kennebeck - Ok. I have no further questions.
Ms. Hansson - Any questions from the Authority members? Thank you.
Mr. Kennebeck - And again, unless Jorge wants to stick around, is he free to leave?
Ms. Hansson - Sure.
Mr. Kennebeck - Thank you. Jorge, I would like to mention the subpoenas that both you and Alex and Joshua were issued are continued to one week from today at the same time.
Mr. Garcia - For this same time on Thursday would actually be a problem for me. If it would be earlier, it would be better. I don't know, around like 3:00 or so.
Mr. Kennebeck - Ok. I'll make do with what I have.
Ms. Hansson - Could you maybe get a transcript of his testimony this evening, which is sworn testimony?
Mr. Kennebeck - Sure. Would that be doable? Of course, there is no cross-examination.
Mr. Miller - I don't think it's usable. Maybe you could get an agreement, if somebody enters in the case, to interview Jorge.
Ms. Wamboldt - I'm sorry, Dick. Could you please speak into the microphone?
Mr. Miller - Maybe, if another attorney enters the case in a timely fashion, we could get some sort of agreement to interview Jorge and do a transcript of that. I don't know that that's real practical or realistic. But I don't think you could use a transcript of his testimony here tonight at the hearing.
Mr. Kennebeck - I agree.
Ms. Hansson - Can I ask why you can't be here next Thursday?
Mr. Garcia - Yes. I'm actually in a politics class and it's a requirement to get together and discuss it, and this just happens to be, it's actually after school and 7:00 is actually the time that everybody had free in my class or in my group.
Ms. Hansson - You can ask that it be continued and he would have to be here.
Mr. Kennebeck - Well, let me decide. Maybe there will be additional evidence I can present next time. I can't promise you anything, but that subpoena has been continued to next Thursday. You have been cooperative with us and I'll do my best to see if I can present a case with other evidence.
Mr. Garcia - I would be more than happy to come in sometime earlier during the week and give a written, I'm not sure, you said that that might not work, but a written of what I witnessed.
Mr. Kennebeck - Maybe we'll be able to work something out like Mr. Miller suggested.
Mr. Garcia - Ok, all right.
Ms. Hansson - Thank you.
Mr. Kennebeck - Thank you. The City calls Mr. Joshua Williams.
Joshua Matthew Williams, 12795 W. Montana Dr. Lakewood, CO 80228, was sworn in.
Ms. Hansson - Mr. Williams, did you understand the discussion about you have the right to decide not to testify?
Mr. Williams - Yes, I did.
Ms. Hansson - Are you wishing to testify this evening?
Mr. Williams - Yes, I did.
Ms. Hansson - Thank you.
Mr. Kennebeck - Thank you, Joshua. How old are you?
Mr. Williams - I'm 18 years old.
Mr. Kennebeck - And again, on April 6th this year at about 4:30 p.m., did you have occasion to be at Alameda Square Discount Liquors?
Mr. Williams - Yes, I was.
Mr. Kennebeck - And did you purchase alcohol at that time?
Mr. Williams - Yes, I did.
Mr. Kennebeck - And what was it you purchased?
Mr. Williams - A bottle of 151 and then a bottle of Malibu Rum.
Ms. Wamboldt - I'm sorry sir, can you speak into the mic?
Mr. Williams - A bottle of 151 and a bottle of Malibu Rum.
Mr. Kennebeck - And did you look that evening like you look this evening? Were you wearing a hat or glasses or anything?
Mr. Williams - No, I don't think so.
Mr. Kennebeck - Ok. And did the clerk ask to see an I.D.?
Mr. Williams - No, he did not.
Mr. Kennebeck - And how did you happen to go to Alameda Square Liquors as compared to some other location?
Mr. Williams - It was the closest one to my girlfriend's house.
Mr. Kennebeck - Ok. Had you been there before?
Mr. Williams - I had went in before with one of my friends that has been 21, that has been in there before but I did not purchase at that time.
Mr. Kennebeck - Ok. And again, I know I asked you this out in the hallway, but do you know anybody, any of your friends or others who are under 21, that frequent Alameda Square Discount Liquors?
Mr. Williams - No, I do not, but I remember seeing in the paper that that was one of the places that was under surveillance or something.
Mr. Kennebeck - Ok. I have no further questions, and again, the City would rest unless you all have reason for Joshua to stick around, he is free to leave?
Ms. Hansson - Ok. And your subpoena is continued until the 19th.
Mr. Williams - The 19th. That might be a problem because I might leave this Saturday to Ft. Lauderdale, Florida on a business trip.
Mr. Kennebeck - For what?
Mr. Williams - Business trip, my work.
Mr. Kennebeck - Again, you have been very cooperative, as have the other witnesses. I'll have to officially, legally the subpoena is continued. Feel free to call me but I'll do my best to work around it.
Mr. Williams - Ok.
Mr. Kennebeck - Thank you.
Mr. O'Neill - I have a question. What business are you in?
Mr. Williams - Onyx Wholesale off of I-76 and Sheridan.
Mr. O'Neill - What takes you to Ft. Lauderdale?
Mr. Williams - Training. We're doing a satellite down there to watch how the main office runs.
Ms. Hansson - Thank you.
Ms. Wamboldt - Paul, would maybe another day work better? I mean, since April 19th doesn't seem to be working, would there be another day that would work better?
Mr. Kennebeck - Sure.
Ms. Wamboldt - I don't know if that will work for the Board, but I just thought I would mention it.
Mr. Kennebeck - You're welcome to stay, and at least we will know if you can testify, and I can get a hold of the other two witnesses. How about the week of the 26th, 25, 24, 23?
Ms. Hansson - I'm available any of those evenings. Mr. O'Neill says he's available on the 23rd.
Mr. Kennebeck - The 23rd? What day is that?
Ms. Hansson - Monday.
Mr. Kennebeck - I gotta go to Council.
Ms. Hansson - We can't do that because it's City Council.
Mr. Kennebeck - Ok. Jenna can do it.
Ms. Hansson - He thinks he might be available on the 24th, too.
Mr. Kennebeck - Ok. How about the rest of the Board, the 23rd or the 24th?
Mr. Muniz - I can make the 24th.
Mr. Danahey - I can make the 24th.
Mr. Kennebeck - So we have four people?
Ms. Hansson - There's four of us.
Mr. Kennebeck - Ok, April 24th. So the subpoena is continued to 7:00, Tuesday, April 24th at this same location.
Mr. Williams - Yeah, that would work. I get back next Saturday, so that would be fine.
Mr. Kennebeck - Thank you very much.
Ms. Hansson - I guess we'll have to contact the other witnesses.
Mr. Kennebeck - Yes, I'll do that. If necessary, we can reserve them.
Ms. Hansson - Ok.
Mr. Kennebeck - I kept this brief. I don't think there was a need to do more. These sales occurred in a two-day period, almost a 24-hour period. The police actually asked me, should we wait out there some more and get some more minors? And we decided we had a good enough case. It was so obvious this was occurring. It was so obvious the clerk was not asking for I.D.'s, and especially the comments that Brent Struck testified to, that it just appeared among Alex Cote's friends in the apartment that he went to, that they all knew others. I think Alex said there were 20 to 25 other people that he knew purchased alcohol at Alameda Square Liquors, and so we're asking for a Summary Suspension, which means the license will be suspended tomorrow morning and it will be suspended until the night of the hearing, Tuesday, April 24th, at which time we'll have another hearing and discuss this further. If you have any questions, I'll be happy to answer them.
Ms. Hansson - Any questions for Mr. Kennebeck? Is there any discussion on the request for the Summary Suspension?
Mr. Muniz - The suspension would start tomorrow and continue for the next two weeks or until we meet?
Mr. Kennebeck - It will continue until we meet, which is under the 15-day limit. It's probably about 13 days or so, 12 days. So somebody needs to make a motion.
Mr. O'Neill made a motion that there were reasonable grounds to believe that the licensee was guilty of a deliberate and willful violation of 12-47-901 and that the public health, safety and welfare required emergency action, the retail liquor license held by Alameda Square Discount Liquor, LLC be summarily suspended and that a hearing be held April 24, 2007. The motion was seconded and with all members of the Liquor Licensing Authority present voting aye, THE MOTION CARRIED.
ITEM 3 - APPROVAL OF MINUTES
Regular Meeting March 22, 2007
Mr. Muniz made a motion to accept the meeting minutes of March 22, 2007. The
motion was seconded. Vote: 5 Ayes 0 Nays. THE MOTION CARRIED.
ITEM 4 - NEW APPLICATION
Tavern License
LWP, LLC
d/b/a Homewood Suites by Hilton
139 Union Blvd.
Stephanie Nelson, 4352 S. Cole St., Morrison, CO 80465, was sworn in and stated she is the General Manager of the new Homewood Suites by Hilton. Ms. Nelson stated Homewood is a new brand with the Hilton family and mostly cater to extended business people or people who are staying for five or more nights. Ms. Nelson stated that they have a welcome home reception Monday through Thursday where they offer complimentary beer and wine. Ms. Nelson stated her experience in the hotel industry.
There was a question and answer period between Ms. Nelson and the Liquor Licensing Authority.
Kelly Pietrs, 2792 S. Race St., Denver, CO 80210, was sworn in and stated she is the Managing Member of Esquire Petitioning Service. Ms. Pietrs stated the procedures used to do the petitions and stated the results of the survey.
Mr. Muniz moved to approve the application for a Tavern License for LWP, LLC d/b/a Homewood Suites by Hilton, located at 139 Union Blvd. The motion was seconded. Vote: 5 Ayes 0 Nays. THE MOTION CARRIED.
ITEM 5 - NEW APPLICATION
Hotel & Restaurant License
Tokyo, Inc.
d/b/a Tokyo Joe's
145 Union Blvd. #102
William Wildberger, 326 Jackson St., Denver, CO 80206, was sworn in and stated he is the Vice President and Corporate Counsel for the Tokyo Joe's restaurants here in the Denver Metropolitan Area.
Kelly Pietrs, 2792 S. Race St., Denver, CO 80210, stated that she understood that she was still under oath. Ms. Pietrs stated the procedures used to do the petitions and stated the results of the survey.
Katie Campbell, 6951 W. Ida, Littleton, CO 80123, was sworn in and stated she is the manager of the Tokyo Joe's at 145 Union Blvd. Ms. Campbell stated her experience with Tokyo Joe's. Ms. Campbell stated Tokyo Joe's procedures for selling alcohol and the policies for checking I.D.'s.
There was a question and answer period between Ms. Campbell and the Liquor Licensing Authority.
There was a question and answer period between Mr. Wildberger and the Liquor Licensing Authority.
Mr. O'Neill moved to approve the application for a Hotel & Restaurant License for Tokyo, Inc. d/b/a Tokyo Joe's, located at 145 Union Blvd. The motion was seconded. Vote: 5 Ayes 0 Nays. THE MOTION CARRIED.
ITEM 6 - GENERAL BUSINESS
Ms. Roth stated the City was asking the Board to issue two complaints.
The first complaint was for Shark's Saloon & Grill. Ms. Roth stated there have been four fights since November of 2006 that the police department has responded to at this establishment. Ms. Roth stated that the City is asking for a complaint to be issued for Conduct of Establishment.
Mr. Muniz made a motion to serve a Notice of Hearing and Order to Show Cause why the Hotel & Restaurant License held by Guidos Nickel, Inc. d/b/a Shark's Saloon & Grill, 11475 W. Colfax Ave., should not be suspended or revoked, such hearing to be held on May 10, 2007. The motion was seconded and with all members of the Liquor Licensing Authority present voting aye, THE MOTION CARRIED.
The second complaint was for Cordial Lounge. Ms. Roth stated the police found out that alcohol was being served after hours at 3:00 in the morning to patrons. Ms. Roth stated that further investigation revealed that one of those patrons was a minor. Ms. Roth stated the City is asking that a complaint be issued for serving alcohol to a minor as well as serving alcohol after hours.
Mr. Muniz made a motion to serve a Notice of Hearing and Order to Show Cause why the Hotel & Restaurant License held by GWG Productions, Inc. d/b/a Cordial Lounge & Restaurant, 1521 Pierce St., should not be suspended or revoked, such hearing to be held on May 10, 2007. The motion was seconded and with all members of the Liquor Licensing Authority present voting aye, THE MOTION CARRIED.
ITEM 7 - ADJOURNMENT
There being no further business to come before the Authority, Chairwoman Hansson adjourned the meeting at 8:25 p.m.
Joyce Wamboldt, Liquor Licensing Specialist
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