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, Lakewood Police Sargeant
Dick Miller, Attorney for the Liquor Licensing Authority

ITEM 3 - APPROVAL OF MINUTES

Regular Meeting August 23, 2007

Mr. Williams made a motion to accept the meeting minutes of August 23, 2007. The motion was seconded. Vote: 6 Ayes 0 Nays. THE MOTION CARRIED.

ITEM 4 - SHOW CAUSE HEARING

Tavern License
Riley's, Inc.
d/b/a Riley's
1515 Garland Street

The City Clerk's Office administratively continued the hearing to November 16, 2007.
The witnesses for the City could not attend the meeting.

ITEM 5 - SHOW CAUSE HEARING

Retail Liquor License
Martoo Corp., Inc.
d/b/a Sunset Liquor of Lakewood
9151 W. Colfax Ave.

Ms. Roth stated that Mr. Nieto, the owner of Sunset Liquor of Lakewood, did appear before the Lakewood Liquor Authority last spring for a sales tax violation. Ms. Roth stated the alleged violation was for selling alcohol to an intoxicated female. Ms. Roth asked the Authority to treat this violation as a first offense and stated that the City was recommending a suspension of 10 days with five days held in abeyance for one year. Ms. Roth stated that the Licensee was asking to pay a fine in lieu of suspension. Ms. Roth stated that for the sales tax violation, Mr. Nieto did not receive a suspension but if he paid the sales tax by a certain date, there were no sanctions brought against him. Ms. Roth stated that Mr. Nieto had paid the sales tax by the date agreed upon and had not been late paying his sales tax since that date.

Mr. Muniz made a motion to approve the stipulation between the Chief Municipal Prosecutor and Martoo Corp., Inc. d/b/a Sunset Liquor of Lakewood, located at 9151 W. Colfax Ave. The motion was seconded. Vote: 6 Ayes 0 Nays. THE MOTION CARRIED.

Mr. Nieto did admit to the violation. Mr. Nieto did not wish to make a statement to the Liquor Licensing Authority.

Mr. Wisneski made a motion that the following penalty be imposed upon Martoo Corp., Inc. d/b/a Sunset Liquor of Lakewood. 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 October 12, 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 October 12, 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. October 12, 2007 and end on October 17, 2007 at 8:00 a.m. The motion was seconded. Vote: 6 Ayes and 0 Nay. THE MOTION CARRIED.

Mr. Muniz made a motion that Martoo Corp., Inc. d/b/a Sunset Liquor of Lakewood 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 6 - SHOW CAUSE HEARING

Tavern License
CL Enterprises, LLC
d/b/a Club Fantasy
5255 W. 6th Ave.

J. Y. Kang, Registration No. 23250, stated he was the attorney for CL Enterprises, LLC. Mr. Kang stated that the Manager, Paul Kim, was at the hearing.

Ms. Roth stated there were 12 incidents listed in the complaint that the City of Lakewood filed against Club Fantasy. Ms. Roth stated that the City would be calling approximately 13 officers to testify to the incidents. Ms. Roth stated the 12 incidents were listed chronologically and that would be the order in which she would call the witnesses. Ms. Roth stated she would not cover incident #8 in the complaint due to the agents involved in that complaint not being able to testify at the hearing. Ms. Roth stated that the incidents listed began on December 17, 2006 and ended on July 9, 2007. Ms. Roth stated that according to the State of Colorado statutes, it is the licensee's obligation to run the establishment in a decent, orderly and respectable manner, not to permit the serving or loitering of visibly intoxicated persons, nor to permit rowdiness, undue noise or other disturbances or activities offensive to the average citizen or residents of the neighborhood. Ms. Roth stated that the witnesses will describe that this type of activity has been going on at Club Fantasy.

Mr. Kang stated he would wave his client's right to an opening statement and moved for a sequestration order and that all witnesses that were going to testify on behalf of the City of Lakewood be sequestered and leave the room so they could not tailor their testimony based on what they had heard from other witnesses.

Ms. Roth stated she had no problem with the sequestration order.

Ms. Hansson stated that anyone who was going to testify must leave the room until called upon to testify.

Agent Ryan O'Hayre, Lakewood Police Agent, was sworn in and stated he had been an officer with the City since March 28, 2005. In response to Ms. Roth's questions, Agent O'Hayre stated that he was assigned to patrol in the north sector of the city. Agent O'Hayre testified that he was dispatched to Club Fantasy on December 17, 2006 at approximately 1:30 a.m. Agent O'Hayre testified that a security guard had detained a male who was caught with narcotics in his possession. Agent O'Hayre testified that the individual who was detained had been caught selling drugs in the men's room of the nightclub. Agent O'Hayre testified that the security guard had found a small amount of suspected methamphetamine on the individual. Agent O'Hayre testified that another agent took the suspect into custody and was transported to the Lakewood Police Department for booking. Agent O'Hayre testified that the substance obtained from the suspect was tested to determine if it was a narcotic and did test positive for methamphetamine and was booked as evidence. Agent O'Hayre testified that the suspect had a large amount of loose cash on him, approximately $917.00, that was booked as well. Agent O'Hayre stated that he responds to Club Fantasy every weekend due to calls regarding disturbances in the parking lot and various other reasons.

In response to Mr. Kang's questions, Agent O'Hayre testified that his report and Lakewood Police Agent Bryan Watts' report did not state that the suspect was selling drugs in the bathroom. After reading Agent Watts' report, Agent O'Hayre testified that Agent Watts' report stated that the security guard, Gonzalo Carrasco, found the suspect, Alejandro Casillas, in the bathroom stall. Agent O'Hayre testified that the report from Agent Watts stated that Mr. Carrasco observed Mr. Casillas put a clear baggy in his mouth and Mr. Carrasco detained Mr. Casillas in handcuffs. Agent O'Hayre testified that in the report, there was no other party who was suspected as a buyer or evidence of any distribution, packaging, mirrors or scales found on Mr. Casillas besides the cash. Agent O'Hayre testified that 1.6 grams of methamphetamine was consistent with personal use rather than distribution.

There was a question and answer period between the Liquor Licensing Authority and Agent O'Hayre.

Agent Eric Lucy, Lakewood Police Agent, was sworn in and in response to Ms. Roth's questions, testified that he had been a police agent with the City of Lakewood for approximately two and a half years and was assigned to patrol in the north sector of the city. Agent Lucy testified that on January 1, 2007 at approximately 1:55 a.m., he was dispatched to Club Fantasy. Agent Lucy testified that upon arriving at Club Fantasy, the security guards stated there was a man in the parking lot with a gun. Agent Lucy testified that he and Agent Bryan Watts found Raul Hernandez seated in the back seat of a white Chrysler 300. Agent Lucy testified that Mr. Hernandez stated that he did not know anything about a gun but had been arguing with his ex-wife in the club. Agent Lucy testified that upon removing Mr. Hernandez from the car, a magazine to a 9mm handgun had been discovered in the seat of the car. Agent Lucy testified that Mr. Hernandez had stated that he had had 10 to 12 drinks between 10:p.m. and the time he was contacted by the police at Club Fantasy. Agent Lucy testified that he had been through training for alcohol detection and that Mr. Hernandez displayed signs that he had been drinking. Agent Lucy testified that Mr. Hernandez had the odor of an alcoholic beverage on his breath; slurred speech; blood-shot, watery eyes, and uneasiness on his feet. Agent Lucy testified that the gun was found under the center section of the seat in the vehicle that Mr. Hernandez had been sitting in.

In response to questions by Mr. Kang, Agent Lucy testified that he responded to Club Fantasy based on a dispatch call. Agent Lucy testified that Dispatch did state that a security guard had called 911. Agent Lucy testified that Club Fantasy has private security guards who work there during business hours. Agent Lucy testified that Mr. Hernandez had menaced people with the gun and was arrested on felony menacing charges. Agent Lucy testified everything the security guard told him turned out to be helpful and true.

There was a question and answer period between the Liquor Licensing Authority and Agent Lucy.

In response to a question by Mr. Kang, Agent Lucy testified the menacing did not occur inside the club.

Agent Sean Radke, Lakewood Police Agent, was sworn in and in response to Ms. Roth's questions, testified that he had been a police agent with the City for approximately 3 years and was assigned to patrol in the north sector of the city. Agent Radke testified that on January 21, 2007 at approximately 1:55 a.m., he was on scene at Club Fantasy for a weapons call. Agent Radke testified that he spoke to Ramiro Rodriguez Monje, who stated he had driven several friends to Club Fantasy that night. Agent Radke testified that the passengers were Raul Hernandez, Alfonso Vazquez and another male whom he knew only as Jose. Agent Radke stated that Mr. Monje told him that Mr. Hernanedez had been drinking since 10:00 p.m. at Club Fantasy and that Mr. Hernandez left to go outside. Mr. Monje went outside and saw that Mr. Hernandez was driving the car, intoxicated, near the front doors of the club. Agent Radke testified that Mr. Monje had indicated that the car was a white Chrysler 300. Agent Radke testified that Mr. Monje had stated that he saw Mr. Hernandez take a gun out of the vehicle and had racked the gun and chambered a round. Agent Radke testified that Mr. Monje stated that Mr. Hernandez had said he had the gun under the seat of the vehicle. Agent Radke testified that Mr. Monje had stated that he believed that Mr. Hernandez had racked the gun to intimidate Mr. Hernandez's ex-wife who was standing near the front doors. Agent Radke testified that he responds to Club Fantasy quite frequently and that usually every Friday or Saturday night, the Lakewood Police Department receives a large call that requires all of the north sector agents to respond and handle.

In response to J.Y. Kang's questions, Agent Radke testified that the gun had not been in Club Fantasy's building as far as he knew. Agent Radke testified that the gun was in the parking lot in the car.

There was a question and answer period between the Liquor Licensing Authority and Agent Radke.

Agent Greg Schipporeit, Lakewood Police Agent, was sworn in and in response to questions by Ms. Roth, testified that he had been with the Lakewood Police Department for two and a half years and was working patrol in the north sector. Agent Schipporeit testified that on January 21, 2007 at approximately 1:55 a.m., he was dispatched to Club Fantasy for a disturbance with a gun. Agent Schipporeit testified that security pointed out a couple of gentlemen whom they said were involved in the incident. Agent Schipporeit testified that he spoke to the victim, Daisy Tarango, who stated she was the ex-wife of Raul Hernandez. Agent Schipporeit testified that Ms. Tarango had stated that she had come to Club Fantasy to pick up her younger sister and she saw Mr. Hernandez by a white car near the front of the building and that he pulled a gun from the back seat of the car, charged and racked the gun, and pointed the gun at her. Agent Schipporeit testified that Ms. Tarango stated that Mr. Hernandez then put the gun back into the car. Agent Schipporeit testified that Ms. Tarango was upset and crying when he arrived on scene. Agent Schipporeit testified that he spoke to Ms. Tarango's friend, Danielle Deleon. Agent Schipporeit testified that Ms. Deleon stated that Ms. Tarango's ex-husband had pointed a gun at Ms. Tarango, after pulling it out of the back seat of the car. Agent Schipporeit testified that he went to the police station to assist Agent Lucy in the booking process of Mr. Hernandez, who was charged with felony menacing and domestic violence.

Mr. Kang did not cross-examine Agent Schipporeit.

There was a question and answer period between the Liquor Licensing Authority and Agent Schipporeit.

Ms. Roth recalled Agent Eric Lucy and in response to Ms. Roth's questions, testified that he responded to Club Fantasy on February 10, 2007 at approximately 1:27 a.m. for a disturbance in progress. Agent Lucy testified that there were numerous fights going on when he arrived on scene and the security guards were spread out throughout the parking lot trying to break-up several groups of individuals who were either fighting or arguing. Agent Lucy testified that there were 10 security guards attempting to disperse the crowd. Agent Lucy testified that a security guard placed a male, with injuries to his head, into Agent Lucy's custody and Agent Lucy escorted the male to the curb. Agent Lucy testified that the male, Jorge Vasquez, stated that he had been hit in the head with a bottle during an altercation inside the club. Agent Lucy testified that Mr. Vasquez had an injury above and behind his right ear. Agent Lucy testified that Daisy Tarango, a friend of Mr. Vasquez, stated that she did not know who had thrown the bottle but she saw him get struck in the head with the bottle. Agent Lucy testified that Mr. Vasquez was taken to the hospital.

In response to questions by Mr. Kang, Agent Lucy testified that Club Fantasy's parking lot generally empties at about 2:00 a.m. and that the club closes at 1:30 a.m. Agent Lucy testified that he issued a summons to Ms. Tarango for disorderly conduct.

There was a question and answer period between the Liquor Licensing Authority and Agent Lucy.

Agent Paul Ciarvella, Lakewood Police Agent, was sworn in and testified he had been with the Lakewood Police Department for five years and was currently assigned to patrol in the west sector of the city. Agent Ciarvella testified that on February 10, 2007 at approximately 1:30 a.m., there was a report of a disturbance that appeared to need more officers and, since he was clear, he responded to the scene. Agent Ciarvella testified that he talked to Liliana Olvera and Carolina Diaz. Agent Ciarvella testified that Ms. Diaz stated that she had been in Club Fantasy and a male came up to her and tried to hug and kiss her. Agent Ciarvella testified that Ms. Diaz stated she refused his advances, notified security and he was removed from the club. Agent Ciarvella testified that Ms. Diaz said she did not know the male. Agent Ciarvella testified that Ms. Diaz had stated that when she was leaving the club, the same male tried to hug and kiss her and her girlfriends again. Agent Ciarvella testified that Ms. Diaz stated that she refused his advances again and that a disturbance broke out with pushing and shoving. Agent Ciarvella testified that the male was Roberto Espinoza. Agent Ciarvella testified that Ms. Olvera's statements were consistent with Ms. Diaz's statements, and that Mr. Espinoza tried to hug and kiss her in the parking lot also and when she refused his advances, he pushed her.

In response to questions from Mr. Kang, Agent Ciarvella testified that security had escorted Mr. Espinoza out of the club and that Mr. Espinoza continued his advances outside of the club. Agent Ciarvella testified that Ms. Olvera stated Mr. Espinoza had pushed her. Agent Ciarvella testified that a security guard had assisted Ms. Diaz and Ms. Olvera.

Agent Timothy Jacobson, Lakewood Police Agent, was sworn in and testified that he has been with the Lakewood Police Department for a year and a half and was assigned to patrol in the south sector of the city. Agent Jacobson testified that on February 10, 2007 at approximately 1:30 a.m., he responded to Club Fantasy because of a disturbance. Agent Jacobson testified that he spoke to Yvette Leal, who stated that she was friends with Liliana Olvera. Agent Jacobson testified that Ms. Leal stated that she was in Club Fantasy with her friends when a male that she did not know started harassing them inside the club. Agent Jacobson testified that the male was identified as Roberto Espinoza. Agent Jacobson testified that Ms. Leal stated that Mr. Espinoza had been hugging them and trying to prevent them from leaving. Agent Jacobson testified that Ms. Leal stated that she and her friends contacted security, who escorted Mr. Espinoza out of the club. Agent Jacobson testified that Ms. Leal stated that when they left the club, Mr. Espinoza tried again to hug them and tried to prevent them from leaving. Agent Jacobson testified that Ms. Leal stated that when they tried to get security the second time, in the parking lot, Mr. Espinoza punched Ms. Olvera. Agent Jacobson testified that the scene was very chaotic and that after talking to Ms. Leal, he worked with other agents to clear the parking lot in a quick and organized manner.

In response to Mr. Kang's questions, Agent Jacobson testified that he arrived on scene at approximately 2:00 a.m. Agent Jacobson testified that he did not know whether the patrons were leaving because the club was closed or because they were leaving in response to the fight. Agent Jacobson testified that when Ms. Leal and her friends called for help in the parking lot, security came running up to help them.

There was a question and answer period between the Liquor Licensing Authority and Agent Jacobson.

Agent Jeff Larson, Lakewood Police Agent, was sworn in and in response to questions by Ms. Roth, testified that he had been with the City of Lakewood and assigned to patrol for six years and was currently assigned to the north sector. Agent Larson testified that on February 25, 2007 at approximately 12:50 p.m., he responded to a call for a disturbance in the parking lot of Club Fantasy. Agent Larson testified the call was regarding a black SUV that was doing "doughnuts" in the parking lot. Agent Larson testified that upon arriving at Club Fantasy, he watched the SUV leave the parking lot and he stopped the SUV and contacted the driver. Agent Larson testified that the driver, Jorge Macias-Medina, appeared to be intoxicated. Agent Larson testified there was a passenger in the SUV who was vomiting outside the window of the SUV and appeared to be intoxicated. Agent Larson testified that when he approached the vehicle, Mr. Macias-Medina was urinating on the ground. Agent Larson testified that he had gone through training to identify when a person had been drinking too much alcohol.

Mr. Kang stated that he would stipulate that a DUI charge was filed against Mr. Macias-Medina and that he had a blood alcohol level of .2.

In response to questions by Mr. Kang, Agent Larson testified that this incident occurred at 12:55 p.m. in the afternoon. Agent Larson testified that Club Fantasy was closed for business and does not open for business until the evening hours. Agent Larson testified that there were no other cars in the parking lot except the SUV and a bicyclist. Agent Larson testified there was no indication that the intoxication of the two males came from Club Fantasy. Agent Larson testified that the parking lot of Club Fantasy is not secured and has many open accesses.

Jose Madera, Lakewood Police Agent, was sworn in and in response to questions by Ms. Roth, testified that he had been with the City of Lakewood for a year and a half and was assigned to patrol in the north sector. Agent Madera testified that he did respond to Club Fantasy on March 18, 2007 at approximately 1:40 a.m. for translation purposes. Agent Madera testified that he was called to translate Spanish and that he was fluent in Spanish. Agent Madera testified that upon arrival on scene, there were already police agents there and had a few individuals pulled aside. Agent Madera testified that he spoke to Mr. Jaime Hernandez, who told him that he had been leaving the club and a fight commenced between several patrons and the security guards. Agent Madera testified that Mr. Hernandez stated that he, along with two other individuals, entered a vehicle and drove off. Agent Madera testified that Mr. Hernandez stated that before they left the parking lot, he had been hit in the face with a bat. Agent Madera testified that Mr. Hernandez had a small laceration above his nose.

Ms. Roth gave Agent Madera City's Exhibits No. 6 and 7. Agent Madera testified that Exhibit #6 was a picture that showed the small laceration on Mr. Hernandez's nose and blood on Mr. Hernandez's shirt. Agent Madera testified that Exhibit #7 was a picture of Mr. Hernandez that showed a front view of Mr. Hernandez with more blood on his shirt.
Ms. Roth asked that the two exhibits be entered into evidence.

Mr. Kang objected to the photographs being entered into evidence. Mr. Kang stated this was not a trial in which the City had to prove the elements of second-degree assault. Mr. Kang stated the City did not have to prove the extent of the injuries and the purpose of the two photographs served no useful purpose. Mr. Kang stated his objection was one of relevance. Mr. Kang stated that the Authority had the testimony of the officer and that the officer had stated the victim had been hit with a bat and there was a laceration to the nose. Mr. Kang stated the pictures did nothing but inflame the passions of the Liquor Licensing Authority.

Ms. Roth stated that the City did not have the actual victims at the hearing to testify. Ms. Roth stated that all the City had was the officer's testimony after the incidents occurred. Ms. Roth stated the photographs are corroborating evidence to corroborate what the officers saw that night and what the individuals involved told them.

Ms. Hansson stated the Liquor Licensing Authority was going to overrule the objection and the exhibits could be admitted into the record.

In response to questions by Ms. Roth, Agent Madera testified that he spoke to Mireya Mendez-Machado.

When Ms. Roth asked Agent Madera what Ms. Mendez-Machado had stated to him, Mr. Kang objected to the question. Mr. Kang stated that his objection was based on hearsay grounds. Mr. Kang stated that hearsay is allowed at Liquor License meetings but if the testimony of a witness becomes entirely hearsay with no direct evidence then it becomes a denial of his client's due process rights. Mr. Kang stated that what was about to be elicited was going to be very damaging to his client and he had no way of cross-examining the statements of the witness because she was not present at the hearing.

Ms. Roth stated that this testimony would not affect Mr. Kang's client any differently than any of the other hearsay that was allowed.

Ms. Hansson stated the Liquor Authority was overruling the objection and the Authority would allow the testimony.

In response to Ms. Roth's questions, Agent Madera testified that Ms. Mendez-Machado stated that she was leaving Club Fantasy with a few friends and her boyfriend and was involved in a confrontation with the SUV that was leaving the parking lot. Agent Madera testified that Ms. Mendez-Machado stated that the SUV pulled along side of her and an unknown male reached out and struck her in the face, which her boyfriend saw, and confronted the individuals in the SUV. Agent Madera testified that he had been through training for alcohol detection and that Ms. Mendez-Machado had a strong odor of alcohol. Agent Madera testified that Ms. Mendez-Machado had stated that she had consumed two beers and three shots of hard alcohol in the club. Agent Madera testified that Ms. Mendez-Machado was under the age of 21 and had stated that her date of birth was July 9, 1989. Agent Madera testified that Ms. Mendez-Machado had stated that the security guards did not ask for her I.D. when she walked into Club Fantasy.

In response to questions by Mr. Kang, Agent Madera testified that Mr. Hernandez was the victim of one of the altercations in the parking lot of Club Fantasy. Agent Madera testified that Ms. Mendez-Machado was the victim of another altercation in the parking lot. Agent Madera testified that Ms. Mendez-Machado did not show him any identification that matched the date of birth she had given him. Agent Madera testified that Ms. Mendez-Machado's date of birth was based only on her statement alone. Agent Madera testified that he did not do a search to find identification on Ms. Mendez-Machado.

In response to questions by Ms. Roth, Agent Madera testified that Ms. Mendez-Machado was given a summons for underage drinking.

Agent Paul Geiger, Lakewood Police Agent, was sworn in and answered questions by Ms. Roth. Agent Geiger testified that he had been with the City of Lakewood for five years and was currently assigned to patrol in the west sector of town. Agent Geiger testified that on June 10, 2007 at approximately 11:47 a.m., he was working at the front desk of the Lakewood Police Department. Agent Geiger testified that Ms. Daisy Gonzales came in to report a cold assault at Club Fantasy. Agent Geiger stated that a cold assault was a report that was not in progress and had occurred earlier and was reported at a later time. Agent Geiger testified that the incident had occurred in the early morning hours of June 10, 2007. Agent Geiger testified that Ms. Gonzales had stated that she had been entering a bathroom stall at Club Fantasy and had been assaulted by two females. Agent Geiger testified that Ms. Gonzales stated she had been hit with closed fists in the back of the head several times and as she was falling down from the assault, she was kicked. Agent Gieger testified that Ms. Gonzales stated that after falling to the floor, the assault continued with kicking and hitting. Agent Gieger testified that Ms. Gonzales had stated that her sister's husband's ex-girlfriend and sister were the assailants. Agent Gieger testified that Ms. Gonzales stated that after the assault, she had gone out to the parking lot and that one of the women who had assaulted her was in the parking lot in a car and drove towards her, got out and attempted to continue the disturbance. Agent Gieger testified that Ms. Gonzales stated that she told the assailant that she did not want any trouble and that security at the club had advised the woman in the vehicle to leave. Agent Gieger described the injuries on Ms. Gonzales's face and body.

Ms. Roth gave Agent Geiger City Exhibits #3, #4 and #5. Agent Geiger stated Exhibit #3 was a photograph of the injuries on Ms. Gonzales's face, Exhibit #4 was a photograph of more injuries on Ms. Gonzales's face and neck, and Exhibit #5 was a photograph of the injuries to Ms. Gonzales's arm. Agent Geiger testified that the photographs were an accurate representation of the injuries that he observed on Ms. Gonzales. Ms. Roth asked that the photographs be admitted as evidence.

Mr. Kang objected to the photographs being admitted into the record based on relevance and cumulative evidence that was unnecessary for this type of hearing.

Ms. Hansson stated the photographs would be admitted into the record.

In response to Mr. Kang's questions, Agent Geiger testified that exhibits #3 and #4 appeared to be scratches on the face of Ms. Gonzales and that exhibit #5 appeared to be scratches to her left arm area. Agent Geiger testified that Ms. Gonzales stated that one of the perpetrators was named Maria and was her sister's husband's ex-girlfriend. Agent Geiger testified that Ms. Gonzales stated that Maria was ordered to leave Club Fantasy after the incident in the parking lot. Agent Geiger testified that Ms. Gonzales did not go to the police station after the assault occurred and that she did not call 911 after it occurred. Agent Geiger testified that it had been approximately 12 hours after the incident occurred that Ms. Gonzales filed a report.

There was a question and answer period between the Liquor Licensing Authority and Agent Geiger.

Agent Wendy Liggitt, Lakewood Police Agent, was sworn in and in response to questions asked by Ms. Roth, Agent Liggitt testified that she had been with the City of Lakewood for 25 years and was currently assigned to patrol in the west sector. Agent Liggitt testified that on June 17, 2007 at approximately 4:00 p.m., she was working at the front desk of the Lakewood Police Department. Agent Liggitt testified that a lady identified as Karla Loaiza came in to file a report of a domestic violence situation that had occurred earlier that morning at Club Fantasy. Agent Liggitt testified that Ms. Loaiza stated that she was seated with three friends and had observed her common law husband on the dance floor dancing with another woman. Agent Liggitt testified that Ms. Loaiza stated that shortly after that, her husband approached her and said that he wanted to talk to her while they danced. Agent Liggitt testified that Ms. Loaiza stated that she did not want to do that and her husband began pushing himself on her and she pushed him away to get away from him. Agent Liggitt testified that Ms. Loaiza stated that one of her friends stood between the two of them to try to diffuse the situation and Ms. Loaiza stated she felt it was making more of a scene and told her friend to sit down. Agent Liggitt testified that Ms. Loaiza stated the husband, Mr. Jesus Foreno, became more upset and called her a bitch. Agent Liggitt testified that Ms. Loaiza stated that one of her other friends went to get a security guard and as the security guard was approaching the table, Mr. Foreno slapped Ms. Loaiza in the face. Agent Liggitt testified that Ms. Loaiza stated that the security guard escorted Mr. Foreno out of the building. Agent Liggitt testified that Ms. Loaiza stated that her husband had been intoxicated. Agent Liggitt testified that she spoke to one of Ms. Loaiza's friends, Karla Bernal, who confirmed Ms. Loaiza's account of the events.

In response to questions by Mr. Kang, Agent Liggitt testified that based on Ms. Loaiza's statement, the husband had been escorted out of the club. Agent Liggitt testified that the reason Ms. Loaiza had filed a report later that day was because she had received threatening phone calls from her husband.

Jason Little, Lakewood Police Agent, was sworn in and in response to questions by Ms. Roth, testified that he had been with the Lakewood Police Department for 18 months and was assigned to patrol in the north sector. Agent Little testified that on June 23, 2007 at approximately 1:45 a.m., he responded to Club Fantasy for a disturbance in progress. Agent Little testified that a patron was fighting with a security guard. Agent Little testified that upon arriving on scene, the security guards had two individuals detained, who were trying to pull away from the security guards. Agent Little testified that he spoke to Security Guard Fernando Rivera, who stated that he had been working out in the parking lot, and Mr. Rodolfo Perez and Mr. Leocadio Contreras were in a Cadillac and were arguing with someone in a Tahoe. Agent Little testified that Mr. Rivera stated that the individuals in the two vehicles were arguing back and forth and he thought the Cadillac was going to impact the Tahoe. Agent Little testified that Mr. Rivera stated that he placed himself between the Cadillac and Tahoe and instructed the driver of the Cadillac to stop. Agent Little testified that Mr. Rivera stated that Mr. Contreras said that he had a gun in the Cadillac and told the Mr. Rivera to back away. Agent Little testified that he spoke to Mr. Contreras, who was the passenger in the front seat of the Cadillac, and Mr. Contreras stated that he had gotten into an argument with someone in a Cadillac Escalade. Agent Little testified that they were never able to locate the Escalade and no one else had seen it on scene. Agent Little testified that Mr. Contreras stated that the security personnel at Club Fantasy were friends of the person in the Escalade and that they were taking that person's side. Agent Little testified that Mr. Contreras did not mention anything about the Tahoe. Agent Little testified that Mr. Contreras stated that he had been inside Club Fantasy and had between four and five drinks while he was inside. Agent Little testified that Mr. Contreras stated that his birthday was February 9, 1988 and was 19 years old. Agent Little testified that Mr. Contreras provided an I.D. Agent Little testified that when he asked Mr. Contreras how he was able to drink in Club Fantasy, Mr. Contreras stated that Club Fantasy would let anyone drink in there. Agent Little testified that Mr. Contreras was issued a summons for disorderly conduct, false information and possession of alcohol by someone under 21 years of age and was taken to detox.

There was a question and answer period between the Liquor Licensing Authority and Agent Little.

Agent Theo Caracostas, Lakewood Police Agent, was sworn in and in response to questions by Ms. Roth, testified that he had been with the City of Lakewood for about eighteen months and was assigned to patrol in the north sector. Agent Caracostas testified that he responded to Club Fantasy on June 23, 2007 at approximately 1:45 a.m. for a disturbance in which Club Fantasy's security was involved. Agent Caracostas stated that while enroute to the club, he received information that there was a gun involved. Agent Caracostas testified that Mr. Rodolfo Perez was a driver in a vehicle that was having a dispute with some patrons in another party. Agent Caracostas testified that Mr. Perez stated that one of the patrons of that party yelled something about having a gun. Agent Caracostas testified that, at that point, Security got involved, which resulted in Mr. Perez getting pepper sprayed or maced. Agent Caracostas testified that Mr. Perez appeared to be intoxicated and that Mr. Perez admitted that he had been drinking inside Club Fantasy. Agent Caracostas testified that he issued a summons to Mr. Perez for DUI. Agent Caracostas testified that Mr. Perez took a blood test and the results came back as DUI.

Agent Greg Schipporeit was recalled to testify and in response to questions by Ms. Roth, testified that on July 9, 2007 at approximately 1:03 a.m., he responded to Club Fantasy for a fight. Agent Schipporeit testified that when he arrived on scene, he was taken into the club's employee locker room and spoke with Ms. Julia Castillo-Caraveo, who said she had been hit in the head with a beer bottle. Agent Schipporeit testified that Ms. Castillo-Caraveo stated that she was by the bar talking with a friend when two girls came up to the bar and jumped her. Agent Schipporeit testified that Ms. Castillo-Caraveo stated that she had minor injuries to her head. Agent Schipporeit testified that he issued a summons to Ms. Castillo-Caraveo due to the number of conflicting stories and statements by witnesses that it was a disorderly conduct fight between patrons and there was no primary aggressor.

The Lakewood Liquor Authority took a short break at 9:20 p.m. and the meeting resumed at 9:30 p.m.

Yung Hwan Kim, 10313 E. Peakview Ave., Unit H103, Englewood, CO 80111, was sworn in and in stated that he was a realtor and had a part-time job as the manager of Club Fantasy. In response to Mr. Kang's questions, Mr. Kim stated he had been the manager for about one year. Mr. Kim stated that Club Fantasy was a two-story building with more than 10,000 sq. feet. Mr. Kim stated that on a busy night, approximately 800 to 900 patrons are in Club Fantasy. Mr. Kim stated that the parking lot had parking for about 300 vehicles. Mr. Kim stated that Club Fantasy was open on Friday, Saturday and Sunday nights. Mr. Kim stated that the club closes at 1:30 a.m. Mr. Kim stated that the patrons generally speak Spanish and that most of his employees speak Spanish and English. Mr. Kim stated that he was at the club every weekend. Mr. Kim stated that there are three or four people from the security company working at the door of the club who, along with Mr. Kim, check the I.D.'s as patrons enter the club. Mr. Kim stated that each patron then gets his or her hand stamped if they are over 21 years of age and a "T" mark in indelible ink if they are under 21 years of age. Mr. Kim stated that he used an I.D. book and a UV light to check the authenticity of the I.D.'s. Mr. Kim stated that after the I.D. was checked and the hand was stamped, then the patron passed through the doorway where at the next checkpoint, the patron who was over 21 years of age was given a wristband. Mr. Kim stated the bartenders must check the hands and wrists of the patrons before serving them. Mr. Kim stated when the club was open, there are eight bartenders, fifteen waitresses, eight bouncers, twelve employees of the security company who work inside the club and eight to ten employees of the security company that work outside the club in the parking lot to prevent fighting. Mr. Kim stated that he hired the second security company after the incident in March. Mr. Kim stated that if a patron was suspected of having drugs or there are altercations inside the club or in the parking lot, the employees and security guards are instructed to call the police. Mr. Kim stated that all of his employees are required to attend Lakewood's Alcohol Awareness Class and at the August 16, 2007 class, 15 employees plus Mr. Kim attended the class. Mr. Kim stated he did not believe anyone under the age of 21 was ever served alcohol because his employees and he, himself, are constantly walking around. Mr. Kim stated that his people are well trained and every Saturday night, he holds a meeting with his employees. Mr. Kim stated that any fake I.D.'s are confiscated. Mr. Kim stated that last call for alcohol was 1:15 a.m. and at 1:30 a.m., the bars are closed and there is no service to the patrons and patrons are escorted out of the building. Mr. Kim stated that no alcohol is allowed outside of the building and there are two bouncers at the main door who make sure that no customers are leaving with any alcohol. Mr. Kim stated patrons could not take alcohol into the smoking area or into the bathrooms.

Ms. Roth objected to the relevance of the line of questioning to the complaint. Ms. Roth stated that it seemed like argument in mitigation instead of what happened during the dates of the complaint.

Ms. Hansson stated that Ms. Roth's objection was overruled and Mr. Kang could continue.

In response to Mr. Kang's question, Mr. Kim stated that he had increased the security guards in the last couple of months.

In response to questions from Ms. Roth, Mr. Kim stated that he had been the manager of Club Fantasy since October of 2006. Mr. Kim stated that he was at the club every Friday, Saturday and Sunday night when the club is open. Mr. Kim stated that on Saturday nights there are 800 to 900 patrons in the club. Mr. Kim stated that three security guards are in the doorway of the club, one person checks the I.D.'s and two guards check the patrons for weapons and nine security guards walk around the club making sure no one under 21 years of age was drinking and nobody was fighting. Mr. Kim stated that he does not speak Spanish. Mr. Kim stated that the average age of his patrons are 28 to 30 years old but that minors are allowed in the club. Mr. Kim stated that he was present at all of the events listed in the complaint except for the incident in mid-June. Mr. Kim stated that in May he increased security in the parking lot and then increased security again later on. Mr. Kim stated that, since he had hired more security guards, there had not been any more incidents since August. Mr. Kim stated that patrons could use both floors only on Saturday nights. Mr. Kim stated that there are approximately 30 security guards inside and outside Club Fantasy on Saturday nights. Mr. Kim stated that before the complaint was issued, he had approximately eight security guards inside Club Fantasy and six security guards outside.

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

Ms. Roth stated that the defense did not present any evidence rebutting the eleven incidents in the complaint. Ms. Roth stated that the fact that the fights occurred time after time and the drugs were found showed that there was a pattern of activity going on at Club Fantasy. Ms. Roth stated that it did not matter who called the police. Ms. Roth stated that even if Club Fantasy called on every incident, it did not exonerate the licensee from the liability of running the establishment. Ms. Roth stated that the club was open a very limited amount of time and the eleven incidents in the complaint happened in only a six month period of time. Ms. Roth stated that it was important to look at the fact that this establishment was not open every night and based on the number of incidents and the amount of fighting that had occurred, Ms. Roth asked the Liquor Licensing Authority to find the licensee in violation of the liquor code.

Mr. Kang stated that there was one count to the complaint, which was conduct of establishment. Mr. Kang stated this was charged under State Regulation 47-900 and not under State Statute Title 12, Article 47-900. Mr. Kang stated that a sale to a minor or sale to a visibly intoxicated person was called an unlawful act and these are specific acts. Mr. Kang stated that the charge against Club Fantasy was not a specific act. Mr. Kang stated that it was a series of different acts and each of the acts did not constitute a separate count. Mr. Kang stated that if the Liquor Licensing Authority believed that one or more of the acts occurred, then the Authority could find in the affirmative that State Regulation 47-900, Conduct of Establishment, had been violated. Mr. Kang stated that unlike an unlawful act, where the licensee was immediately cited, there wasn't, per say, a sale to a minor or a sale to a visibly intoxicated person, but rather a series of acts. Mr. Kang stated that the City was saying that based on the series of acts, then the Authority must find them in violation of this very generic regulation. Mr. Kang stated that if the Liquor Licensing Authority found in the affirmative, then he suggested that there was one violation that had occurred. Mr. Kang stated that it did not matter when the act occurred. Mr. Kang stated that under State Regulation 47-900, the licensee shall conduct the licensed premises in a decent and respectable manner and shall not permit on the licensed premises, serving or loitering of a visibly intoxicated person or habitual drunkard. Mr. Kang stated that there was no allegation of the service of alcohol to someone who was loitering or visibly intoxicated. Mr. Kang stated that under State Regulation 47-900, the licensee, employee or agent cannot knowingly permit rowdiness, undue noise or other disturbances or activity offensive to the senses of the average citizen. Mr. Kang stated that the City was trying to prove that his client on the licensed premises did not conduct business in a decent, orderly, respectable manner. Mr. Kang stated that under State Statute 12-47-103, the definition of licensed premises meant the premises specified in an application for a license, which are owned or in possession of the licensee within such licensee was authorized to see alcohol. Mr. Kang stated the licensee was not authorized to sell alcohol in the parking lot and the area within which Mr. Kim could sell alcohol was only the physical building of Club Fantasy. Mr. Kang stated that the City was asking the Liquor Authority to consider the activity in the parking lot even though the parking lot wasn't a part of the licensed premises. Mr. Kang stated that if there was a fight in the parking lot, who knows whether the individuals involved were even in Club Fantasy. Mr. Kang stated they may have driven into the parking lot after coming from another bar and engaged in a fight. Mr. Kang stated the City wanted the Liquor Licensing Authority to hold the licensee responsible for what was happening outside the licensed premises. Mr. Kang stated that the incident inside the premises, the 1.8 grams of methamphetamine found on the individual, was not consistent with dealing drugs, other than a large amount of cash in the individual's pocket. Mr. Kang stated there was no evidence that he was selling drugs, but merely that he was in possession of a suspected drug. Mr. Kang stated that immediately after a security officer seized what he suspected to be an illegal drug, he detained the individual and called the police. Mr. Kang stated that the licensee had taken every proactive step to make sure he was doing everything that was required under the code. Mr. Kang stated that the irony was that when the police was called, as Club Fantasy had done on numerous occasions, they were complying with the dictate of State Statute 12-47-900 but he was also setting himself up for a complaint. Mr. Kang stated that his client did the right thing by calling the police but when he did that, the police generated reports, the City Attorney waived them and said that the licensee was not conducting his business in a decent and orderly manner. Mr. Kang stated that that was hypocrisy. Mr. Kang stated that the licensee must know that the rowdiness was going on and knowingly permit it to happen. Mr. Kang stated that the licensee had taken every affirmative step to make sure that incidents did not happen and under the statute, the Liquor Licensing Authority would have to find that his client did not knowingly permit these acts to happen. Mr. Kang stated that his argument was two-fold; one was the licensed premises only covered the building and, secondly, there had to be a mental state proven that his client knew what was happening and allowed it to happen. Mr. Kang stated that the police held eleven different acts in abeyance until July 17th, when one complaint was issued with eleven alleged violations listed. Mr. Kang stated that if the City had issued a Show Cause Hearing for the first alleged violation, he could have defended the charge. Mr. Kang stated his client would have known right away and he would have been served notice. Mr. Kang stated he would have tried to get the videotape from that night and witnesses and he could have defended it, if it had been filed the day that it occurred. Mr. Kang stated that while the licensee was doing his part, the City held these in abeyance, and filed a complaint on July 17th, giving his client notice for the first time in mid July. Mr. Kang stated that since the City chose to do the alleged violations in this way, then the whole complaint should be treated as one violation. Mr. Kang stated that his client had taken steps to make sure these acts did not happen again. Mr. Kang stated that his client understood that he must do more to make sure the police aren't constantly called to the club. Mr. Kang stated that the City had withdrawn the allegation contained in paragraph eight and there was no testimony with respect to paragraph eight. Mr. Kang stated that that brings the allegations down to ten and paragraph six dealt with an episode that occurred at 12:56 p.m. in broad daylight and there was not a single other car in the parking lot. Mr. Kang stated that the licensee was not responsible for that act. Mr. Kang stated that that brings the allegations down to nine. Mr. Kang stated that in order to fine his client in violation, the Liquor Licensing Authority would have to conclude that the totality of the remaining acts happened on the licensed premises and that the licensee knowingly permitted these to happen.

Ms. Roth stated that Mr. Kang had stated that the licensed premises was only the inside of Club Fantasy and, in actuality, there was case law that stated the licensed premises should not be precluded from addressing neighborhood concerns about such matters as unacceptable levels of neighborhood noise, parking and traffic congestion, litter and disorderly public comment. Ms. Roth stated there was also case law where there were seven fights in front of a licensed premise and there were numerous complaints of noise and rowdiness in the area and the court held that it was entirely proper for a licensing authority to take into account, not only the conduct of the licensee, but the area around the location of the premises. Ms. Roth stated it had been held that areas outside the licensed premises are the responsibility of the licensee. Ms. Roth stated that Mr. Kang also pointed out the licensee must knowingly permit the incidents and she wanted to point out case law that stated that the court held that to have permitted a violation of the regulation of conduct of establishment, the licensee did not have to have knowledge of the specific activities consisting of the violation, but rather that the licensee had an affirmative responsibility to see that his business was not conducted by his employees in violation of the law. Ms. Roth stated that Mr. Kang had made it a point to say that all of these instances were brought at one time, which was true, but the licensee had a huge obligation when he applied and was granted a liquor license. Ms. Roth stated that it was entirely proper for the City to bring forth a Show Cause complaint within a year of these instances occurring. Ms. Roth stated the City did not have the obligation to bring forward a complaint each time something happened. Ms. Roth stated that she agreed that the one instance happened at a time when the licensee should not be held responsible and that was the instance that occurred at 12:40 p.m. Ms. Roth stated the licensee should be held responsible for the nine other incidences and they are separate incidences. Ms. Roth stated these are not one incident and should not be treated as one incident just because the City brought them forward at the same time.

The hearing was closed and there was discussion among the members of the Liquor Licensing Authority.

Ms. Hansson stated the hearing should be continued to October 25, 2007 so that Mr. Miller, the attorney for the Liquor Licensing Authority, could draft the Findings of Fact and Conclusions of Law for the Liquor Licensing Authority to review.

Mr. Wisneski made a motion to continue the hearing for the Tavern License of CL Enterprises, LLC d/b/a Club Fantasy to October 25, 2007. Motion was seconded.
Vote: 6 Ayes and 0 Nay. THE MOTION CARRIED.

ITEM 7 - GENERAL BUSINESS

Ms. Roth stated there were three complaints being brought forward for motions to show cause as a result of a compliance check performed by the Lakewood Police Department on August 15, 2007.

The first complaint was for 7-Eleven, Inc. d/b/a Seven Eleven #16068, 2641 S. Estes St., for alleged sale to a minor.

Mr. Muniz made a motion to serve a notice of hearing and order to show cause why the 3.2% Fermented Malt Beverage License held by 7-Eleven, Inc. d/b/a Seven Eleven #16068, 2641 S. Estes St., should not be suspended or revoked, such hearing to be held on November 8, 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 Armoni's, LLC d/b/a Armoni's, 7576 W. Jewell Ave., for alleged sale to a minor.

Mr. Wisneski made a motion to serve a notice of hearing and order to show cause why the Tavern License held by Armoni's, LLC d/b/a Armoni's, 7576 W. Jewell Ave., should not be suspended or revoked, such hearing to be held on November 8, 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 CIMA Enterprises, LLC d/b/a Gas Mart, 1495 S. Sheridan 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 3.25 Fermented Malt Beverage License held by CIMA Enterprises, LLC d/b/a Gas Mart, 1495 S. Sheridan Blvd., should not be suspended or revoked, such hearing to be held on November 8, 2007. The motion was seconded and with all members of the Liquor Licensing Authority present voting aye, THE MOTION CARRIED.

ITEM 8 - ADJOURNMENT

There being no further business to come before the Authority, Chairwoman Hansson adjourned the meeting at 10:56 p.m.

Joyce Wamboldt, Liquor Licensing Specialist

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