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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
Larry Muniz
Eugene O'Malley
Michael O'Neill
Albert Williams
Stanley Wisneski
Absent: John Danahey
Also present: Jennifer Roth, Chief Municipal Prosecutor
Donia Amick, Sergeant, Lakewood Police Department
The Chair moved Item 4 after Item 2 on the agenda.
ITEM 4 - SHOW CAUSE HEARING
Hotel & Restaurant License
GWG Productions, Inc.
d/b/a Cordial Lounge & Restaurant
1521 Pierce St.
Ms. Roth stated that the City was requesting a continuance of the hearing. Ms. Roth stated that three of the witnesses the City had intended to call could not make the meeting.
Mr. Wisneski moved that the Show Cause Hearing for the Hotel & Restaurant License of GWG Productions, Inc. d/b/a Cordial Lounge & Restaurant be continued to June 14, 2007. The motion was seconded. Vote: 6 Ayes 0 Nays. THE MOTION CARRIED.
ITEM 3 - SHOW CAUSE HEARING (Continued from April 26, 2007)
Hotel & Restaurant License
La Ballerina, LLC
d/b/a La Ballerina
5660 W. Colfax Ave.
Ms. Roth stated that this hearing was continued from April 26, 2007 and at that hearing, the licensee had admitted to not having the proper food available at the restaurant, as well as over service. Ms. Roth stated that the City had asked La Ballerina to either provide the food required or apply for a Tavern License. Ms. Roth stated the licensee had submitted an application for a Tavern License. Ms. Roth stated that the City was recommending the penalty of ten days of suspension with five days held in abeyance for one year and allowing the licensee to pay a fine in lieu of suspension.
Mr. J. Y. Kang, Registration No. 23250, stated he was the attorney representing La Ballerina. Mr. Kang stated the licensee was present at the hearing.
There was a question and answer period between Ms. Roth and the Liquor Authority.
Mr. Kang stated that his client had filed an application yesterday with the City Clerk's Office for a Tavern License. Mr. Kang stated that it was his client's intention to obtain a Tavern Liquor License rather than try to comply with the 25% food sales requirement. Mr. Kang stated that March 2, 2007 was a particularly bad day for La Ballerina in terms of employees not showing up, namely the cook, and his client was not able to serve food on that day. Mr. Kang stated that on at least a couple of occasions since March 2, 2007, there had been compliance with that provision. Mr. Kang stated he had a copy of an inspection report from Lenora Moore, the City of Lakewood Liquor Inspector, dated March 23, 2007, showing that food was available. Mr. Kang stated that on May 4, 2007, two uniformed police officers went into La Ballerina at about 10:00 p.m. and did check for food. Mr. Kang stated the officers were allowed into the kitchen and a complete display of food was present. Mr. Kang stated La Ballerina had been in compliance with the 25% food sales requirement since March 2, 2007. Mr. Kang stated this was a first violation for his client.
There was a question and answer period between the Liquor Licensing Authority and Mr. Kang.
Mr. Kang stated his client was admitting to paragraph 5 only for the dates charged, March 2, 2007 and March 8, 2007. Mr. Kang stated that he absolutely disputed the charge that there had not been a cook on premises for several months. Mr. Kang stated there had been cooks but that their reliability was suspect. Mr. Kang stated that his client had told him that this was not an ongoing problem but that it was sporadic. Mr. Kang stated that there may be other dates besides March 2nd and March 8th where food was not served, but he was not admitting to any other dates besides those two. Mr. Kang stated that he was disputing the charge that food was not being served continuously for several months leading up to March 2, 2007.
Mr. Wisneski made a motion that the following penalty be imposed upon La Ballerina, LLC d/b/a La Ballerina. 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 May 11, 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 May 11, 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. May11, 2007 and end on May 16, 2007 at 7:00 a.m. The motion was seconded. Vote: 6 Ayes and 0 Nays. THE MOTION CARRIED.
Mr. Williams stated that given the nature of the allegations, he was not in favor of allowing La Ballerina to pay a fine in lieu of suspension.
Mr. Muniz made a motion that La Ballerina, LLC d/b/a La Ballerina, be permitted to pay a fine in lieu of five days actual suspension imposed. The motion was seconded. Vote: 6 Ayes and 1 Nay (Mr. Williams). THE MOTION CARRIED.
ITEM 5 - SHOW CAUSE HEARING
Hotel & Restaurant License
Guido's Nickel, Inc.
d/b/a Shark's Saloon & Grill
11475 W. Colfax Ave.
Ms. Roth stated an attorney had called her stating he represented Shark's Saloon & Grill. Ms. Roth stated a plea bargain was offered and the attorney had accepted it. Ms. Roth stated that she had not heard from him since that conversation and that she assumed that the licensee would admit to the violation. Ms. Roth stated that upon talking to the licensee, Bernice Winchip, she discovered that Ms. Winchip had never hired that attorney. Ms. Roth requested a continuance because the City did not have any witnesses present at the hearing.
Mr. Wisneski moved that the Show Cause Hearing for the Hotel & Restaurant
License of Guido's Nickel, Inc. d/b/a Shark's Saloon & Grill be continued
to June 14, 2007. The motion was seconded. Vote: 6 Ayes 0 Nays. THE MOTION CARRIED.
ITEM 6 - GENERAL BUSINESS
There was no general business to be discussed.
ITEM 7 - ADJOURNMENT
There being no further business to come before the Authority, Chairwoman Hansson adjourned the meeting at 7:19 p.m.
Joyce Wamboldt, Liquor Licensing Specialist
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