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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
Absent: Michael O'Neill
Albert Williams
Stanley Wisneski
Also present: Jennifer Roth, Chief Municipal Prosecutor
Donia Amick, Sergeant, Lakewood Police Department
ITEM 3 - APPROVAL OF MINUTES
Regular Meeting April 12, 2007
Special Meeting April 24, 2007
Mr. Muniz made a motion to accept the meeting minutes of April 12, 2007 and April 24, 2007. The motion was seconded. Vote: 4 Ayes 0 Nays. THE MOTION CARRIED.
ITEM 4 - SHOW CAUSE HEARING
Tavern License
B C's Restaurant, Inc.
d/b/a B C's Sports Pub
6501 W. Mississippi Ave.
Mr. Muniz stated that he needed to recuse himself because he has had a long-term friendship with Bob Getter, the owner of B C's Sports Pub.
Since Mr. Muniz had recused himself, there was no longer a quorum and the Show Cause Hearing for B C's Sports Pub was continued to July 12, 2007.
ITEM 5 - SHOW CAUSE HEARING
Hotel & Restaurant License
Marsia, Inc.
d/b/a Club Tentacion Bar & Grill
5800 W. Alameda Ave.
Ms. Roth stated there was a compliance check by the Lakewood Police Department on April 13, 2007 and that alcohol was served to a minor. Ms. Roth stated that this is the first violation for Club Tentacion Bar & Grill. Ms. Roth stated she was recommending 10 days suspension with five days held in abeyance and that the licensee was requesting to pay a fine in lieu of suspension.
Daniel Pena, 5800 W. Alameda Ave., Lakewood, CO 80226, was sworn in.
Mr. Muniz made a motion to approve the stipulation between the Chief Municipal Prosecutor and Marsia, Inc. d/b/a Club Tentacion Bar & Grill, located at 5800 W. Alameda Ave. The motion was seconded. Vote: 4 Ayes 0 Nays. THE MOTION CARRIED.
Mr. Pena stated that the minor had approached the bar and was recognized as a minor and service was denied to her but that later a member of his staff did serve the alcohol to her.
Ms. Roth stated that she had spoken to Mr. Pena and that he either had to provide the food requirement for a Hotel & Restaurant License or reapply for a different license. Ms. Roth stated that Mr. Pena had agreed to serve food and that if the food requirement was not met, Mr. Pena understood that the City would bring forward another complaint.
There was a question and answer period between the Liquor Licensing Authority and Mr. Pena.
Mr. Muniz made a motion that the following penalty be imposed upon Marsia, Inc. d/b/a Club Tentacion Bar & Grill. 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 June 15, 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 June 15, 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. June 15, 2007 and end on June 20, 2007 at 7:00 a.m. The motion was seconded. Vote: 4 Ayes and 0 Nays. THE MOTION CARRIED.
Mr. Muniz made a motion that Marsia, Inc. d/b/a Club Tentacion Bar & Grill be permitted to pay a fine in lieu of five days actual suspension imposed. Motion was seconded. Vote: 4 Ayes and 0 Nay. THE MOTION CARRIED.
ITEM 6 - SHOW CAUSE HEARING (continued from May 10, 2007)
Hotel & Restaurant License
Guido's Nickel, Inc.
d/b/a Shark's Saloon & Grill
11475 W. Colfax Ave.
Ms. Roth stated that this was a first violation for Shark's Saloon & Grill. Ms. Roth stated that she had spoken to Mr. Lee, the attorney for the licensee, and that the City was recommending the standard sanction for a first violation.
Steve Lee, Registration No. 10969, stated he was the attorney representing Shark's Saloon & Grill. Mr. Lee stated that in his discussions with Ms. Roth, the standard penalty for a first violation was ten days suspension with five days held in abeyance and that he would ask the Authority to consider a sanction less than the five days held in abeyance and the five days of suspension. Mr. Lee stated the licensee was requesting to paying a fine in lieu of suspension.
Bernice Winchip, 11475 W. Colfax Ave., Lakewood, CO 80215, was sworn in. Ms. Winchip admitted that the violation occurred.
Mr. Lee stated that he thought the complaint was thin in terms of whether there was liability on behalf of the licensee. Mr. Lee stated that the charge referred to the licensee permitting offensive conduct to occur on the licensed establishment. Mr. Lee stated that there were four separate incidents in which Lakewood police officers were called to Shark's for reports of fights occurring. Mr. Lee stated the individuals that were involved in the fights were not employees of Shark's. Mr. Lee explained the circumstances of the fights. Mr. Lee stated that all employees of Shark's must attend the Alcohol Awareness Class. Mr. Lee stated that Ms. Winchip had fired employees who she thought were problematic and that she had hired two new bouncers. Mr. Lee stated that Ms. Winchip had taken proactive steps to prevent violations.
Allan Lockheed, 12552 W. 12th Pl., Golden, CO 80401, was sworn in and spoke in support of Shark's Saloon & Grill.
William Osmun, 2000 Wadsworth Blvd., Lakewood, CO 80214, was sworn in and spoke in support of Shark's Saloon & Grill.
Corrina Hernandez, 8944 W. Stetson Pl., Littleton, CO 80123, was sworn in and spoke in support of Shark's Saloon & Grill.
Davina Lucero, 318 Walnut St., Ste N-406D, Denver, CO 80204, was sworn in and spoke in support of Shark's Saloon & Grill.
Ms. Hansson stated there were other people who had signed the hearing roster but had indicated that they did not wish to speak.
Mr. Lee stated that Shark's did not do anything to cause the fights or to allow them to happen. Mr. Lee stated that based upon what the Authority had heard from the members of the community that the Authority issue a warning to the licensee and that no fine be imposed.
There was a question and answer period between Ms. Winchip and the Liquor Licensing Authority.
Ms. Winchip stated that she had changed the bouncers, she now closes early, she fired the bartender that was involved with the Sons of Silence, she banned the Sons of Silence, even thought they threatened her, she had instructed the bartenders to not over serve and the employees have either gone through the Lakewood Alcohol Awareness class or are scheduled to go. Ms. Winchip stated that she did not know what else she could do to prevent fights. Ms. Winchip stated that she tried to hire off duty police officers but the Lakewood Police, the Jefferson County Sheriff's Department and the Highway Patrol do not allow it.
There was discussion between the members of the Liquor Licensing Authority.
Mr. Muniz made a motion that the following penalty be imposed upon Guido's Nickel, Inc. d/b/a Shark's Saloon & Grill. 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 June 18, 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 June 18, 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. June 18, 2007 and end on June 20, 2007 at 7:00 a.m. The motion was seconded. Vote: 4 Ayes and 0 Nays. THE MOTION CARRIED.
Mr. Muniz made a motion that Guido's Nickel, Inc. d/b/a Shark's Saloon & Grill, be permitted to pay a fine in lieu of five days actual suspension imposed. The motion was seconded. Vote: 4 Ayes and 0 Nay. THE MOTION CARRIED.
ITEM 7 - SHOW CAUSE HEARING (continued from May 10, 2007)
Hotel & Restaurant License
GWG Productions, Inc.
d/b/a Cordial Lounge & Restaurant
1521 Pierce St.
Gary W. Gorney, 735 E. Poppywood Dr., Highlands Ranch, CO 80126, was sworn in.
Mr. Gorney stated he is the owner of the Cordial Lounge & Restaurant. Mr. Gorney stated that the bartender on duty the night of March 29, 2007 had only worked four shifts prior to that date and had not yet attended the Alcohol Awareness Class. Mr. Gorney stated the bartender was terminated on May 2, 2007 for not completing the Incident Report Log that his employees use to alert them to any problems that have occurred. Mr. Gorney stated that his employees must check it daily so they are aware of any undesirables who are not allowed in the bar. Mr. Gorney stated this was for their personal safety and was implemented after CP's closed. Mr. Gorney stated that after CP's closed, transients, drug dealers, prostitutes and habitual alcoholics have invaded his establishment. Mr. Gorney stated they are asked to leave the minute they do anything wrong. Mr. Gorney stated these people do not like to be asked to leave and his employees have been spitted upon, had beer thrown on them, been assaulted and had their lives threatened. Mr. Gorney stated he has worked over five years to clean up the Cordial Lounge & Restaurant and never in that time has it been more challenging. Mr. Gorney stated that his employees are not to enter or exit the building alone. Mr. Gorney stated that if there are no other employees available, friends of the employee are welcome to assist.
Ms. Roth stated that on March 29, 2007, at about 3:05 a.m., Debra Klemme was at the Cordial Lounge and was serving alcohol to patrons. Ms. Roth stated that Colorado Revised Statute 12-47-901(5)(b) states, "It is unlawful for any person licensed to sell at retail pursuant to this article to sell, serve or distribute any malt or spirituous liquors at any time other than for consumption on the premises on any day of the week, except between the hours of 2 a.m. and 7 a.m." Ms. Roth stated there would be testimony from Agent Marquez, who observed through a window of the bar, Ms. Klemme mix the drink together and pour the beverage into six shot glasses. Ms. Roth stated this mixture was later identified as a mixture of Bacardi, Vodka and Mint Schnapps. Ms. Roth stated that when Agent Marquez spoke to Ms. Klemme, she admitted to serving the drink. Ms. Roth stated that Ms. Klemme had stated that she was not working at the time but helping out the bartender. Ms. Roth stated that the bartender told Agent Marquez that he did not know that it was against the law to serve alcohol after hours.
Agent Tim Marquez, Lakewood Police Officer, was sworn in. In response to questions asked by Ms. Roth, Agent Marquez stated that another police agent had called for assistance and had observed several vehicles still left in the parking lot at the Cordial Lounge. Agent Marquez stated that he had observed four males sitting at a bar and a female behind the bar and that they were still drinking what appeared to be alcoholic beverages. Agent Marquez stated that both he and the other agent had observed this through a window on the east side of the building. Agent Marquez stated that he heard one of the males ask for more shots and at that point, he observed the female bartender mix a drink in a blender and then pour the drink into six shot glasses. Agent Marquez stated that the bartender came out of the building to empty the trash and all of the agents then entered the bar from the back door. Agent Marquez stated that he spoke to the bartender and the bartender stated that he was not aware that it was against the law to sell alcohol after hours. Agent Marquez stated that he informed the bartender that it did not matter whether he was selling the alcohol or giving it away, it was the serving of the alcohol after hours that was illegal. Agent Marquez stated the bartender had said that he was not aware of that law. Agent Marquez stated that he spoke to the female behind the bar, who was identified as Debra Klemme, and that Ms. Klemme had described the drink that she poured as a Bacardi, Vodka and Schnapps. Agent Marquez stated that Ms. Klemme did admit to serving the alcohol. Agent Marquez stated that Ms. Klemme admitted she drank two beers and a shot. Agent Marquez stated that he spoke to the four males at the bar and they all admitted to drinking after hours.
In response to questions asked by Mr. Gorney, Agent Marquez stated he heard a male clearly ask for more shots and he observed the female mix the drinks, set six shot glasses on the bar and pour six drinks. Agent Marquez stated there were six people in the bar. Agent Marquez stated there were four officers on scene that night.
There was a question and answer period between the members of the Liquor Licensing Authority and Agent Marquez.
In response to Ms. Roth's question, Agent Marquez stated that they all admitted to drinking alcohol after hours.
Agent Gerald Bartlett, Lakewood Police Agent, was sworn in.
In response to questions asked by Ms. Roth, Agent Bartlett stated that he was at the Cordial Lounge at approximately 3:05 a.m., after receiving a call from Agent Rinner. Agent Bartlett stated that Agent Rinner thought there were people still in the bar after hours and that Agent Rinner wanted to make contact with the individuals inside the bar. Agent Bartlett stated that he was at the rear of the bar while Agent Marquez and Agent Rinner were attempting to make contact at the front of the bar. Agent Bartlett stated that a male came out of the bar and was carrying a trash bag. Agent Bartlett stated that Agent Smidt made contact with the male, who was Ryan Chipps, who indicated that he was the bartender. Agent Bartlett stated that along with Agent Rinner, Agent Marquez, and Agent Smidt , he went into the bar and there were four males seated at the bar and there was a female standing behind the bar. Agent Bartlett stated that there was a drink in front of each one of the males at the bar.
Borna Sabbagh, 2366 S. Harland Ct., Lakewood, CO 80227, was sworn in.
In response to questions asked by Ms. Roth, Mr. Sabbagh stated that he was at the Cordial Lounge in the early morning hours of March 29, 2007. Mr. Sabbagh stated he was there with his friend, Victor Castillo. Mr. Sabbagh stated that he arrived there intoxicated and did not know what time they got to the bar. Mr. Sabbagh stated that Victor Castillo drove them to the bar. Mr. Sabbagh stated he had no idea how long they had been there. Mr. Sabbagh stated that he had purchased alcohol at the Cordial Lounge that night. Mr. Sabbagh could not remember what he had been drinking at the bar that night and did not remember if he had consumed alcohol after 2:00 a.m.
Victor Castillo, 1181 W. 17th Ave., Apt. 306, Lakewood, CO 80215, was sworn in.
In response to questions asked by Ms. Roth, Mr. Castillo stated that he was at the Cordial Lounge on March 29, 2007 and arrived there around 11:00 p.m. Mr. Castillo stated that they were at the bar until the police officers arrived. Mr. Castillo stated that the bartender, Ryan Chipps, asked him to stay after closing because the employees like to have people at the bar due to previous incidents. Mr. Castillo stated that he had had a shot of Crown when he first got to the bar and was served a beer after the bar was closed. Mr. Castillo stated that the bartender served him the beer. Mr. Castillo stated that Ms. Klemme was mixing some drinks after hours for those sitting at the bar but that he did not have one of the drinks.
In response to questions from Mr. Gorney, Mr. Castillo stated that his purpose for being at the bar after hours was to give the bartender some company and to hang out and have a fun time.
There was a question and answer period between the members of the Liquor Licensing Authority and Mr. Castillo.
Debra Klemme, 10789 Lamar St., Westminster, CO 80020, was sworn in.
In response to questions asked by Ms. Roth, Ms. Klemme stated that she had been issued a summons and had pled guilty to pouring alcohol during the hours that it was prohibited. Ms. Klemme stated she was at the Cordial Lounge on March 29, 2007 and was there to visit the bartender, Ryan Chipps. Ms. Klemme stated that she got to the bar at about 10:30 p.m. and was there until about 3:30 a.m. Ms. Klemme stated that the bar closed at 2:00 a.m. and that she did pour drinks after closing. Ms. Klemme stated that she did consume a shot after hours.
In response to questions asked by Mr. Gorney, Ms. Klemme stated that she was in the bar after closing to help the bartender clean up behind the bar. Ms. Klemme stated that she could not testify as to who was drinking after the bar closed.
There was a question and answer period between the Liquor Licensing Authority
and Ms. Klemme.
Ryan Chipps, 3020 Saulsbury St., Wheat Ridge, CO 80033, was sworn in.
In response to questions from Mr. Gorney, Mr. Chipps stated that he was in the building that night after closing to do a deep cleaning. Mr. Chipps stated that he had been previously told to be out of the building by 2:30 a.m. and that it was around 2:35 or 2:40 a.m. when the police showed up that night. Mr. Chipps stated that he did not serve any alcoholic beverages after 2:00 a.m. Mr. Chipps stated that he did know that Ms. Klemme was behind the bar and was pouring alcohol into the glasses. Mr. Chipps stated that he was taking out the trash and thought they were just comparing drinks. Mr. Chipps stated everyone there was a bartender and that they were comparing recipes. Mr. Chipps stated that they were not trying to cause problems. Mr. Chipps stated that until that night he did not know that it was illegal to serve drinks after hours in a locked establishment. Mr. Chipps stated that he had only worked four to five shifts at the Cordial Lounge before the incident occurred. Mr. Chipps stated that the individuals in the bar were there for his safety.
There was a question and answer period between the Liquor Licensing Authority and Mr. Chipps.
In response to questions from Ms. Roth, Mr. Chipps stated that he served beer to Mr. Castillo at 1:45 a.m. Mr. Chipps stated that he knew it was against the law to sell alcohol after hours but did not know it was against the law to pour alcohol after hours. Mr. Chipps stated that he did allow Ms. Klemme to pour alcohol. Mr. Chipps stated that when he came in after emptying out the trash, the shots were on the bar but that no one had taken a drink from them. Mr. Chipps stated that Ms. Klemme drank her shot after the police officers told her it was not illegal for her to drink the alcohol, only to serve it. Mr. Chipps stated that alcohol was poured and put on the bar by Ms. Klemme after hours. Mr. Chipps stated that during the hours of 2:00 a.m. and 3:00 a.m., no one had drank alcohol. Mr. Chipps stated that the only alcohol that was consumed was by Ms. Klemme after the officers told her it was ok for her to drink it.
In response to questions by Ms. Roth, Agent Marquez stated that he went into the bar with the other police officers and was in the bar the entire time with the other police officers. Agent Marquez stated he did not, at any point, leave the bar. Agent Marquez stated that he did not, at any time, hear any of the police agents give any one in the bar permission to drink the shots. Agent Marquez stated that Debra Klemme poured all of the shots and that he did not see Ms. Klemme drink the shot of alcohol. Agent Marquez stated that he would never have allowed the alcohol to be consumed that night. Agent Marquez stated they were there because alcohol was being served after hours and he would not jeopardize the integrity of the police department by allowing the alcohol to be consumed.
Ms. Roth stated that there had been testimony from Agent Marquez, who had been at the Cordial Lounge at approximately 3:05 a.m. on the morning of March 29, 2007, that he had stated that he was outside of the bar looking into the bar for approximately 10 to 15 minutes. Ms. Roth stated that Agent Marquez had observed a female inside the bar pour alcohol, making a shot, and that Agent Marquez stated that he knew that it was alcohol because he recognized the bottles she was using. Ms. Roth stated that the Authority had heard testimony from Agent Marquez and Agent Bartlett that they had gone into the establishment and made contact with all of the individuals in the bar. Ms. Roth stated that Agent Marquez had spoken to Ms. Klemme, who had admitted that she had poured the alcohol and served the shots to the patrons in the bar. Ms. Roth stated that the Authority had also heard testimony from Mr. Sabbagh, who testified that he was very intoxicated and that he was intoxicated when he arrived at the bar. Ms. Roth stated that there had been testimony that he was allowed to purchase drinks at the bar. Ms. Roth stated that there had been testimony from Mr. Castillo that Mr. Chipps had served him beer after hours. Ms. Roth stated that the Authority had heard testimony from Ms. Klemme that she drank a shot and had poured the shots after hours. Ms. Roth stated that there was also testimony from Mr. Chipps stating that he knew and allowed Ms. Klemme to pour the shot after hours. Ms. Roth stated it was 3:00 a.m. and it had been an hour after closing time and that alcohol was still out on the bar and was being poured. Ms. Roth asked the Authority to find that the licensee was in violation.
Mr. Gorney stated that the original officer saw a crime being committed and waited several minutes to call backup. Mr. Gorney stated that the police witnessed this through smoked glass with the shades drawn. Mr. Gorney stated that the police watched Ms. Klemme mix drinks in a blender and that he does not own a blender. Mr. Gorney stated that Ms. Klemme was not sighted for theft even though she gave these drinks away. Mr. Gorney stated that the police stated they witnessed Mr. Chipps serve alcohol but he was not given a ticket. Mr. Gorney stated that Mr. Chipps no longer worked for him. Mr. Gorney asked the Authority to give him leniency.
There was discussion between the members of the Liquor Licensing Authority.
Mr. Muniz made a motion that the following penalty be imposed upon GWG Productions, Inc. d/b/a Cordial Lounge & Restaurant. A suspension of five days be imposed and that three of the days be held in abeyance for a period of one year, commencing on June 15, 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 June 15, 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. June 15, 2007 and end on June 17, 2007 at 7:00 a.m. The motion was seconded. Vote: 3 Ayes and 1 Nay (Mr. Danahey). THE MOTION CARRIED.
Mr. Muniz made a motion that GWG Productions, Inc. d/b/a Cordial Lounge & Restaurant be permitted to pay a fine in lieu of five days actual suspension imposed. The motion was seconded. Vote: 4 Ayes and 0 Nay. THE MOTION CARRIED.
ITEM 8 - GENERAL BUSINESS
Ms. Roth stated there were four complaints being brought forward for motions to show cause, three as a result of a compliance check performed by the Lakewood Police Department on May 16, 2007 and one involving a retail liquor store purchasing alcohol from another retail establishment.
The first complaint was for Champion Liquor Store, LLC d/b/a Champion Liquor, 6111 W. Colfax Ave. for alleged sale to a minor.
Mr. Muniz made a motion to serve a notice of hearing and order to show cause why the Retail Liquor License held by Champion Liquor Store, LLC d/b/a Champion Liquor, 6111 W. Colfax Ave., should not be suspended or revoked, such hearing to be held on July 12, 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 Super America, LLC d/b/a Everyday Stores, 1090 S. Union Blvd. for alleged sale to a minor.
Mr. Muniz made a motion to serve a notice of hearing and order to show cause why the Retail Liquor License held by Super America, LLC d/b/a Everyday Stores, 1090 S. Union Blvd., should not be suspended or revoked, such hearing to be held on July 12, 2007. The motion was seconded and with all members of the Liquor Licensing Authority present voting aye, THE MOTION CARRIED.
The third complaint was for EFB, LLC d/b/a Extreme Wine & Spirits Emporium, 7986 W. Alameda Ave. for the alleged purchase of alcohol from another retail establishment and selling it to another retail liquor store.
Mr. Muniz made a motion to serve a notice of hearing and order to show cause why the Retail Liquor License held by EFB, LLC d/b/a Extreme Wine & Spirits Emporium, 7986 W. Alameda Ave., should not be suspended or revoked, such hearing to be held on July 26, 2007. The motion was seconded and with all members of the Liquor Licensing Authority present voting aye, THE MOTION CARRIED.
The fourth complaint was for The Penalty Box, Inc. d/b/a The Penalty Box Bar & Grill, 1862 S. Wadsworth Blvd. for alleged sale to a minor.
Mr. Muniz made a motion to serve a notice of hearing and order to show cause
why the Retail Liquor License held by The Penalty Box, Inc. d/b/a The Penalty
Box Bar & Grill, 1862 S. Wadsworth Blvd., should not be suspended or revoked,
such hearing to be held on July 26, 2007. The motion was seconded and with all
members of the Liquor Licensing Authority present voting aye, THE MOTION CARRIED.
ITEM 9 - ADJOURNMENT
There being no further business to come before the Authority, Chairwoman Hansson adjourned the meeting at 9:14 p.m.
Joyce Wamboldt, Liquor Licensing Specialist
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