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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
ITEM 3 - APPROVAL OF MINUTES
Regular Meeting April 26, 2007
Regular Meeting May 10, 2007
Regular Meeting June 14, 2007
Mr. Wisneski made a motion to accept the meeting minutes of April 26, 2007,
May 10, 2007 and June 14, 2007. The motion was seconded. Vote: 6 Ayes 0 Nays.
THE MOTION CARRIED.
ITEM 4 - NEW APPLICATION
Retail Liquor License
Mile High Wine and Spirits, LLC
d/b/a Mile High Wine and Spirits
435 S. Vance Street
James Beimford, Registration No. 13142, stated he was the attorney representing the applicant.
Christopher Giellis, 2442 S. Holland St., Lakewood, CO 80227, was sworn in.
Kelly Pietrs, 2792 S. Race St., Denver, CO 80210, was sworn in and stated her
company, Esquire Petitioning Services, did the survey and stated the procedures
used to do the petitions. Ms. Pietrs stated the results of the survey.
Christopher Giellis, stated he was the principle owner of Mile High Wine and Spirits and stated he would be the Director of Operations. Mr. Giellis stated his business background and stated his partner, Keith Miller, had 24 years experience in the retail liquor industry. Mr. Giellis stated this would be an upscale wine store with 80% being dedicated to wine.
There was a question and answer period between the Liquor Licensing Authority and Mr. Giellis.
Bong Pham, 11445 W. Atlantic Ave., Lakewood, CO 80227, was sworn in and stated her parents own a liquor store in Lakewood. Ms. Pham stated there are too many liquor stores in Lakewood and too much competition among the current liquor stores. She stated she was not in favor of the liquor license being approved.
Khanh Pham, 970 S. Upham St., Lakewood, CO 80226, was sworn in.
Huong Nguyen, 970 S. Upham St., Lakewood, CO 80226, was sworn in and stated
that her mother, Khanh Pham, does not speak very good English and that she would
translate for her. Ms. Nguyen stated that her Mother owned a retail liquor store
in Lakewood and that her mother said there are too many liquor stores in this
area.
Ms. Nguyen stated that her mother said there was too much competition among
the current liquor stores. Ms. Nguyen stated that her mother said she was not
in favor of the liquor license being approved.
There was a question and answer period between the Liquor Licensing Authority and Ms. Pham and Ms. Nguyen.
Sim Pham Tran, 6241 W. Alameda Ave., Lakewood, CO 80226, was sworn in and stated that she owned a retail liquor store. Ms. Tran stated there are way too many liquor stores in the area. Ms. Tran stated she was not in favor of the liquor license being approved.
There was a question and answer period between the Liquor Licensing Authority and Ms. Tran.
There was a question and answer period between Mr. Beimford and Ms. Tran.
Viet Pham, 11445 W. Atlantic Ave., Lakewood, CO 80227, was sworn in and stated he owned a retail liquor store. Mr. Pham stated there are too many liquor stores in the area. Mr. Pham stated he was not in favor of the liquor license being approved.
Melissa Machell, 1025 E. 17th Ave. #3, Denver, CO 80218, was sworn in and stated she was in favor of the liquor license for Mile High Wine and Spirits being approved. Ms. Machell stated she lived in Denver but also had an apartment in Belmar. Ms. Machell stated she did the leasing for Belmar. Ms. Machell stated that the liquor store would be a great benefit for the area and a great amenity to the community.
There was a question and answer period between the Liquor Licensing Authority and Ms. Machell.
There was a question and answer period between Mr. Beimford and Ms. Machell.
There was discussion among the members of the Liquor Licensing Authority.
Mr. Williams moved to approve the application for a Retail Liquor License for Mile High Wine and Spirits, LLC d/b/a Mile High Wine and Spirits, located at 435 S. Vance Street. The motion was seconded. Vote: 4 Ayes 2 Nays (Muniz and O'Malley). THE MOTION CARRIED.
ITEM 5 - SHOW CAUSE HEARING (continued from June 14, 2007)
Tavern License
B C's Restaurant, Inc.
d/b/a B C's Sports Pub
6501 W. Mississippi Ave.
Bob Getter, 1071 S. Xenophon St., Golden, CO 80401, was sworn in.
Ms. Roth stated this was continued from the last meeting because Mr. Muniz recused himself and, because of that, there was no quorum. Ms. Roth stated this violation, sale to a minor, was the result of a compliance check by the Lakewood Police Department. Ms. Roth stated the City was recommending a ten-day suspension with five days held in abeyance for one year. Ms. Roth stated the license was asking to pay a fine in lieu of suspension.
Mr. Muniz stated that he was recusing himself because he has had a long-term
friendship with Bob Getter, the owner of B C's Sports Pub.
Mr. Getter admitted to the violation. Mr. Getter stated this was his first violation
in 26 years of business. Mr. Getter stated the person who served the alcohol
had worked for him for about three or four years and then had quit to take care
of her children. Mr. Getter stated that she had just started working for him
again when the violation occurred. Mr. Getter stated that anyone working for
him was required to attend the Lakewood Alcohol Awareness Class. Mr. Getter
stated that he had always stressed to his employees that they must check everyone's
I.D.
There was discussion among the members of the Liquor Licensing Authority.
Mr. Wisneski made a motion that the following penalty be imposed upon B C's Restaurant, Inc. d/b/a B C's Sports Pub. 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 July 13, 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 July 13, 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. July 13, 2007 and end on July 18, 2007 at 7:00 a.m. The motion was seconded. Vote: 5 Ayes and 0 Nays. THE MOTION CARRIED.
Mr. Wisneski made a motion that B C's Restaurant, Inc. d/b/a B C's Sports Pub be permitted to pay a fine in lieu of five days actual suspension imposed. Motion was seconded. Vote: 5 Ayes and 0 Nay. THE MOTION CARRIED.
ITEM 6 - SHOW CAUSE HEARING
Retail Liquor License
Champion Liquor Store, LLC
d/b/a Champion Liquor
6111 W. Colfax Ave.
Ms. Roth stated the violation, sale to a minor, occurred on May 16, 2007 during a compliance check by the Lakewood Police Department. Ms. Roth stated that this was a first offense for the licensee. Ms. Roth stated the City was recommending a ten-day suspension with five days held in abeyance for one year. Ms. Roth stated the licensee was asking to pay a fine in lieu of suspension.
Fisseha Egziabher, 43831 S. Rosemary Way, Denver, CO 80237, was sworn in.
Mr. Muniz made a motion to approve the stipulation between the Chief Municipal
Prosecutor and Champion Liquor Store, LLC d/b/a Champion Liquor, located at
6111 W. Colfax Ave. The motion was seconded. Vote: 6 Ayes 0 Nays. THE MOTION
CARRIED.
Mr. Egziabher stated that he was admitting to the violation and stated that he was sorry that he failed such an important test. Mr. Egziabher stated that he had owned a liquor store in Aurora for 10 years and never violated any liquor code.
There was a question and answer period between the Liquor Licensing Authority and Mr. Egziabher.
Robert Pruitt, 6800 W. 6th Ave., Lakewood, CO 80214, was sworn in and stated that he had known Mr. Egziabher for a long time. Mr. Pruitt stated that Mr. Egziabher was very upset that he had a violation and that he felt very bad. Mr. Pruitt stated that Mr. Egziabher was a great influence when he was young and that Mr. Egziabher was a very honest man. Mr. Pruitt asked that the Authority have some mercy on Mr. Egziabher and impose a minimum penalty.
Edward Lederman, 1420 Chase St., Lakewood, CO 80214, was sworn in and stated that he frequented Mr. Egziabher's liquor store occasionally and had found him to be a very reputable businessman and a good proprietor. Mr. Lederman stated that he was certain this unfortunate incident would not be repeated.
Ira L. Hovatter, 1487 Ingalls, Lakewood, CO 80214, was sworn in and stated that he lived right across the road from Champion Liquor. Mr. Hovatter stated that Mr. Egziabher was a very gentle man and a good businessman. Mr. Hovatter stated that he did not know of any problems at that location.
Mr. Egziabher stated that he made a mistake and it really hurt him. Mr. Egziabher stated that he had worked with a lot of students in the past and that it really upset him that he made this kind of mistake.
There was discussion among the members of the Liquor Licensing Authority.
Mr. Muniz made a motion that the following penalty be imposed upon Champion Liquor Store, LLC d/b/a Champion Liquor. 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 July 13, 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 July 13, 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. July 13, 2007 and end on July 18, 2007 at 7:00 a.m. The motion was seconded. Vote: 6 Ayes and 0 Nays. THE MOTION CARRIED.
Mr. O'Neill made a motion that Champion Liquor Store, LLC d/b/a Champion Liquor be permitted to pay a fine in lieu of five days actual suspension imposed. Motion was seconded. Vote: 6 Ayes and 0 Nay. THE MOTION CARRIED.
ITEM 7 - SHOW CAUSE HEARING
3.2% Off Premises Fermented Malt Beverage License
Super America, LLC
d/b/a Everyday Stores
12015 W. Cedar Drive
Ms. Roth stated that the violation, sale to a minor, was the result of a compliance check by the Lakewood Liquor Authority. Ms. Roth stated this was a first offense for the licensee. Ms. Roth stated the City was recommending a ten-day suspension with five days held in abeyance for one year. Ms. Roth stated that the licensee would serve the suspension rather than pay a fine in lieu of suspension.
Mr. Muniz made a motion to approve the stipulation between the Chief Municipal Prosecutor and Super America, LLC d/b/a Everyday Stores, located at 12015 W. Cedar Dr. The motion was seconded. Vote: 7 Ayes 0 Nays. THE MOTION CARRIED.
Harbans S. Lali, 1360 W. 13th Ave., Broomfield, CO 80220, was sworn in. Mr. Lali admitted to the violation. Mr. Lali stated his employee made a mistake and that he did not want to sell alcohol to any minors. Mr. Lali stated that it was automatic termination when an employee sells alcohol to a minor.
There was a question and answer period between the Liquor Licensing Authority and Mr. Lali.
Mr. Wisneski made a motion that the following penalty be imposed upon Super America, LLC d/b/a Everyday Stores. 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 July 13, 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 July 13, 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 5:00 a.m. July 13, 2007 and end on July 18, 2007 at 5:00 a.m. The motion was seconded. Vote: 6 Ayes and 0 Nays. THE MOTION CARRIED.
Mr. Lali stated he did not want to pay a fine in lieu of suspension.
Ms. Wamboldt made a request that the Authority amend the dates of suspension, as there would not be anyone available to post the suspension.
Mr. Wisneski made a motion to amend the suspension imposed upon Super America, LLC d/b/a Everyday Stores, commencing on July 20, 2007. The five days held in abeyance for a period of one year was amended, commencing on July 20, 2007.
The balance of the suspension was amended to begin at 5:00 a.m. July 20, 2007 and end on July 25, 2007. The motion was seconded. Vote: 6 Ayes and 0 Nays. THE MOTION CARRIED.
ITEM 8 - CHANGE IN CORPORATE STRUCTURE
Tavern License
County Cork Bar & Lounge, Inc.
d/b/a County Cork Bar
11810 W. Colfax Ave.
Ms. Hansson stated there was a letter from Attorney Daniel Carr indicating that the applicant had withdrawn his application.
Ms. Wamboldt stated that she had received a phone call from Mr. Carr that afternoon stating that the applicant had decided to withdraw the application. Ms. Wamboldt stated that she did request that the attorney fax her a letter stating that the application was being withdrawn. Ms. Wamboldt stated that she did receive the letter later that afternoon and had made copies of the letter for the Authority to review.
ITEM 8 - GENERAL BUSINESS
A. Ms. Roth stated there were two complaints being brought forward for motions for a Show Cause Hearing.
The first complaint was for CL Enterprises, LLC d/b/a Club Fantasy, 5255 W. 6th Ave., for alleged conduct of establishment regarding eleven different incidences where the police responded to Club Fantasy.
Mr. Wisneski made a motion to serve a Notice of Hearing and Order to Show Cause why the Tavern License held by CL Enterprises, LLC d/b/a Club Fantasy, 5255 W. 6th Ave., should not be suspended or revoked, such hearing to be held on August 23, 2007. The motion was seconded and with all members of the Liquor Licensing Authority present voting aye, THE MOTION CARRIED.
B. The second complaint was for Riley's, Inc. d/b/a Rileys, 1515 Garland Street, for alleged over service.
Mr. Muniz made a motion to serve a notice of hearing and order to show cause why the Tavern License held by Riley's, Inc. d/b/a Rileys, 1515 Garland Street, should not be suspended or revoked, such hearing to be held on August 23, 2007. The motion was seconded and with all members of the Liquor Licensing Authority present voting aye, THE MOTION CARRIED.
C. The Liquor Licensing Authority made a request for information regarding penalties imposed by other municipalities, information on undue concentration, trends regarding sales to minors, the number of retail liquor stores in Lakewood for the years 2004 through 2007, the number of violations for sales to minors for the years 2004 through 2007, how liquor licensed establishments are picked for compliance checks and the procedures involved.
ITEM 9 - ADJOURNMENT
There being no further business to come before the Authority, Chairwoman Hansson adjourned the meeting at 8:45 p.m.
Joyce Wamboldt, Liquor Licensing Specialist
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