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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
Stanley Wisneski
Albert Williams
Absent: Larry Muniz
Eugene O'Malley
Michael O'Neill
Also present: Jennifer Roth, Chief Municipal Prosecutor
Donia Amick, Sergeant, Lakewood Police Department
ITEM 3 - SHOW CAUSE HEARING (Continued from March 22, 2007)
Retail Liquor License
Martoo Corp., Inc.
d/b/a Sunset Liquor of Lakewood
9151 W. Colfax Ave.
Ms. Roth stated that she had not been in contact with the licensee but that he had paid all of his sales tax, which is what the City had wanted. Ms. Roth stated that she was recommending to the Authority that no suspension be issued against him.
Mr. Wisneski made a motion based on the information provided by the City Attorney's Office since Martoo Corp., Inc. had paid all of their sales tax, that no sanction would be posed against Martoo Corp., Inc. d/b/a Sunset Liquor of Lakewood. The motion was seconded. Vote: 4 Ayes 0 Nays. THE MOTION CARRIED.
ITEM 4 - SHOW CAUSE HEARING
Hotel & Restaurant License
La Ballerina, LLC
d/b/a La Ballerina
5660 W. Colfax Ave.
J.Y. Kang, Registration No. 23250, stated he was the attorney representing La Ballerina. Mr. Kang stated that the owner, Mr. Sung Wan Kang, was present at the hearing.
Ms. Roth stated that she and Mr. Kang had come to an agreement. Ms. Roth stated that Mr. Kang had agreed to admit to paragraphs 4 and 5 of the complaint and the City was dismissing the other charge in the complaint regarding soliciting drinks. Ms. Roth stated that upon further investigation, the City felt there was insufficient evidence to prove the charge and, therefore, wanted to dismiss it. Ms. Roth stated the licensee was admitting to over service and no food on the premises. Ms. Roth stated this is a first violation and recommended ten days suspension with five days held in abeyance with the licensee paying a fine in lieu of suspension. Ms. Roth stated that the food service must be addressed before sentencing. Ms. Roth stated that the licensee must either provide food and that it must be 25% of their sales or apply for a Tavern License. Ms. Roth asked that the Board continue sentencing on this matter to give the licensee time to resolve the issue. Ms. Roth stated that if the licensee does not resolve the food service issue, then the City would not suggest the licensee be allowed to pay a fine in lieu of suspension. Ms. Roth stated that if the licensee does take care of the food issue, then the City would recommend allowing the licensee to pay a fine in lieu of suspension.
There was a question and answer period between Mr. Kang and the Liquor Licensing Authority.
Mr. Danahey made a motion to approve the stipulation between the Chief Municipal Prosecutor and La Ballerina, LLC d/b/a La Ballerina, located at 5660 W. Colfax Ave. The motion was seconded. Vote: 4 Ayes 0 Nays. THE MOTION CARRIED.
Mr. Kang stated that subject to the City Attorney dismissing paragraph 3(A) and (B) of the complaint, the licensee was admitting to violating paragraphs 4 and 5 of the complaint.
Ms. Roth stated that the City was dismissing paragraph 3(A) and (B).
Mr. Wisneski moved that the Show Cause Hearing for the Hotel & Restaurant License of La Ballerina, LLC d/b/a La Ballerina be continued to May 10, 2007. The motion was seconded. Vote: 4 Ayes 0 Nays. THE MOTION CARRIED.
ITEM 5 - SHOW CAUSE HEARING
Retail Liquor License
Celestino Lucero
d/b/a Morrison Road Liquors
5380 W. Mississippi Ave.
Charlie Lucero, 5380 W. Mississippi, Lakewood, CO 80232, was sworn in and stated he is the manager of Morrison Road Liquors. Mr. Lucero stated that his father, Celestino Lucero, who is the owner of Morrison Road Liquors, was present at the hearing.
Ms. Roth stated that Morrison Road Liquors had a violation on September 28, 2006 for sale to a minor and that they have the five days that were held in abeyance from that violation. Ms. Roth stated that if Mr. Lucero admits to the violation of purchasing alcohol from another liquor store and then selling it at his store, that the City would ask for a penalty of serving seven days suspension plus the five days for a total of twelve days suspension and then having seven days held in abeyance for one year. Ms. Roth stated that because this was a second offense, the City was not recommending the licensee be allowed to pay a fine in lieu of suspension.
Mr. Wisneski made a motion to approve the stipulation between the Chief Municipal Prosecutor and Celestino Lucero d/b/a Morrison Road Liquors, located at 5380 W. Mississippi Ave. The motion was seconded. Vote: 4 Ayes 0 Nays. THE MOTION CARRIED.
Mr. Charlie Lucero stated that he was admitting to the violation.
There was discussion between the members of the Liquor Licensing Authority.
There was a question and answer period between Mr. Charlie Lucero and the Liquor Licensing Authority.
Mr. Wisneski made a motion that the following penalty be imposed upon Celestino Lucero d/b/a Morrison Road Liquors. A suspension of fourteen days be imposed and that seven of the days be held in abeyance for a period of one year, commencing on April 27, 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 April 27, 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. April 27, 2007 and end on May 9, 2007 at 8:00 a.m., which includes the five days held in abeyance from the September 28, 2006 hearing. The motion was seconded. Vote: 4 Ayes and 0 Nays. THE MOTION CARRIED.
ITEM 6 - GENERAL BUSINESS
Ms. Roth stated there was a complaint being brought forward for a motion to show cause as a result of a compliance check performed by the Lakewood Police Department on April 13, 2007.
The complaint was for Marsia, Inc. d/b/a Club Tentacion Bar & Grill, 5800 W. Alameda Ave. for two alleged violations, one for sale to a minor and the second for not serving food, which is required with a Hotel & Restaurant License.
Mr. Williams made a motion to serve a notice of hearing and order to show cause why the Hotel & Restaurant License held by Marsia, Inc. d/b/a Club Tentacion Bar & Grill, 5800 W. Alameda Ave., should not be suspended or revoked, such hearing to be held on June 14, 2007. The motion was seconded. Vote: 4 Ayes 0 Nays. THE MOTION CARRIED.
Ms. Roth stated there was a second complaint being brought forward for a motion to show cause as a result of a compliance check performed by the Lakewood Police Department on March 19, 2007.
The complaint was for B C's Restaurant, Inc. d/b/a B C's Sports Pub, 6501 W. Mississippi Ave. for an alleged sale to a minor.
Mr. Danahey made a motion to serve a notice of hearing and order to show cause
why the Tavern License held by B C's Restaurant, Inc. d/b/a B C's Sports Pub,
6501 W. Mississippi Ave., should not be suspended or revoked, such hearing to
be held on June 14, 2007. Vote: 4 Ayes 0 Nays. THE MOTION CARRIED.
ITEM 7 - ADJOURNMENT
There being no further business to come before the Authority, Chairwoman Hansson adjourned the meeting at 7:28 p.m.
Joyce Wamboldt, Liquor Licensing Specialist
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