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
Albert Williams
Stanley Wisneski

Absent: Michael O'Neill

Also present: Jennifer Roth, Chief Municipal Prosecutor
Donia Amick, Sergeant, Lakewood Police Department

ITEM 3 - NEW APPLICATION

Tavern License
LaBallerina, LLC
d/b/a LaBallerina
5660 W. Colfax Ave.

The City Clerk's Office administratively continued the hearing to August 23, 2007.
The Lakewood Police Department had not completed the background investigation on the applicant.

ITEM 4 - NEW APPLICATION

3.2% Off Premises Fermented Malt Beverage License
T & A Conoco, LLC
d/b/a T & A Conoco
99 Wadsworth Blvd.

The City Clerk's Office administratively continued the hearing to August 23, 2007.
The Lakewood Police Department had not completed the background investigation on the applicant.

ITEM 5 - NEW APPLICATION

Hotel & Restaurant License
Baja in the Rockies, LLC
d/b/a Wahoo's Fish Taco
280 S. Union Blvd.

James Beimford, Registration No. 13142, stated he was the attorney representing the applicants.

Kelly Pietrs, 2792 S. Race St., Denver, CO 80210, was sworn in and stated she was the managing member of Esquire Petitioning Services, who did the survey. Ms. Pietrs stated the procedures used to do the petitions and explained the results of the survey.

Melissa Klotz, 5161 S. Grant St., Littleton, CO 80121, was sworn in and stated she was the South District Supervisor and training coordinator for Wahoo's Fish Taco. Ms. Klotz stated the company's alcohol training procedures and policies.

There was a question and answer period between the Liquor Licensing Authority and Ms. Klotz.

Carol Schauer, 6161 S. Kearney St., Centennial, CO 80111, was sworn in and stated that she will be the registered manager for the location on Union Blvd. Ms. Schauer stated the procedures used for serving alcohol on the patio. Ms. Schauer stated the company's policy was to check the I.D of anyone who orders alcohol.

There was a question and answer period between the Liquor Licensing Authority and Ms. Schauer.

Mr. Muniz moved to approve the application for a Hotel & Restaurant License for Baja in the Rockies, LLC, d/b/a Wahoo's Fish Taco, located at 280 S. Union Blvd. The motion was seconded. Vote: 6 Ayes 0 Nays. THE MOTION CARRIED.

ITEM 6 - SHOW CAUSE HEARING

Retail Liquor License
EFB, LLC
d/b/a Extreme Wine & Spirits Emporium
7986 W. Alameda Ave.

Ms. Roth stated the violation occurred when the licensee purchased alcohol from another retail liquor store. Ms. Roth stated this was a first violation and the City was recommending 10 days suspension with five days held in abeyance for one year. Ms. Roth stated that the applicant was asking to pay a fine in lieu of suspension.

Mr. Wisneski made a motion to approve the stipulation between the Chief Municipal Prosecutor and EFB, LLC, d/b/a Extreme Wine & Spirits Emporium, located at 7986 W. Alameda Ave. The motion was seconded. Vote: 6 Ayes 0 Nays. THE MOTION CARRIED.

Jacob Battenberg, 14050 W. Center Dr., Lakewood, CO 80228, was sworn in and stated that he was admitting to the violation. Mr. Battenberg stated that he had misinterpreted the code and was sorry he had violated the law. Mr. Battenberg asked that the five days of suspension be reduced as the fine for five days would be the maximum penalty and this was his first violation. Mr. Battenberg asked that the suspension period begin on a Monday.

There was a question and answer period between the Liquor Licensing Authority and Mr. Battenberg.

There was discussion among the members of the Liquor Licensing Authority.

Mr. Muniz made a motion that the following penalty be imposed upon EFB, LLC, d/b/a Extreme Wine & Spirits Emporium. A suspension of ten days be imposed and that nine of the days be held in abeyance for a period of one year, commencing on July 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 July 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. July 30, 2007 and end on July 31, 2007 at 8:00 a.m. The motion was seconded. Vote: 5 Ayes and 1 Nay (Williams). THE MOTION CARRIED.

Mr. Wisneski made a motion that EFB, LLC, d/b/a Extreme Wine & Spirits Emporium be permitted to pay a fine in lieu of one day actual suspension imposed. Motion was seconded. Vote: 6 Ayes and 0 Nay. THE MOTION CARRIED.

ITEM 7 - SHOW CAUSE HEARING

Hotel & Restaurant License
The Penalty Box, Inc.
d/b/a The Penalty Box Bar and Grill
1862 S. Wadsworth Blvd.

Ms. Roth stated this violation, sale to a minor, was due to a compliance check that occurred on May 16, 2007. Ms. Roth stated the City was recommending 10 days suspension with five days held in abeyance for one year. Ms. Roth stated the licensee wanted to pay a fine in lieu of suspension.

Mr. Muniz made a motion to approve the stipulation between the Chief Municipal Prosecutor and The Penalty Box, Inc., d/b/a The Penalty Box Bar and Grill, located at 1862 S. Wadsworth Blvd. The motion was seconded. Vote: 6 Ayes 0 Nays.
THE MOTION CARRIED.

Patrick Delants, 7574 Halleys Dr., Littleton, CO 80125, was sworn in and stated that he was admitting that the violation had occurred. Mr. Delants stated the events that occurred during the compliance check. Mr. Delants stated that all of his employees have attended the Lakewood Alcohol Awareness Class. Mr. Delants asked the Liquor Licensing Authority for some leniency, as he does not make a lot of money.

There was a question and answer period between the Liquor Licensing Authority and Mr. Delants.

Mr. Wisneski made a motion that the following penalty be imposed upon The Penalty Box, Inc., d/b/a The Penalty Box Bar and 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 July 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 July 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 7:00 a.m. July 27, 2007 and end on August 1, 2007 at 7:00 a.m. The motion was seconded. Vote: 4 Ayes and 2 Nays (Danahey and O'Malley). THE MOTION CARRIED.

Mr. Muniz made a motion that The Penalty Box, Inc., d/b/a The Penalty Box Bar and Grill be permitted to pay a fine in lieu of five days actual suspension imposed. Motion was seconded. Vote: 5 Ayes and 1 Nay (O'Malley). THE MOTION CARRIED.

ITEM 8 - GENERAL BUSINESS

There was no general business to be discussed.

ITEM 9 - ADJOURNMENT

There being no further business to come before the Authority, Chairwoman Hansson adjourned the meeting at 7:46 p.m.

Joyce Wamboldt, Liquor Licensing Specialist

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