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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
Albert Williams
Absent: Michael O'Neill
Stanley Wisneski
Also present: Jennifer Roth, Chief Municipal Prosecutor
Donia Amick, Lakewood Police Sargeant
The Chair moved Item 4 and Item 5 after Item 2 on the agenda.
ITEM 4 - NEW APPLICATION
3.2% Off Premises Fermented Malt Beverage License
Circle K Stores, Inc.
d/b/a Circle K Store #2709884
9207 W. Jewell Ave.
Kevin Coates, Registration No. 25995, stated he was the attorney representing the Circle K Stores, Inc. Mr. Coates asked the Liquor Licensing Authority if he could combine some of the testimony for both Circle K Stores that were coming before the Liquor Licensing Authority that night. Mr. Coates stated that he would be calling witnesses that would answer questions regarding moral and training issues for the corporation. Mr. Coates stated that the Authority would have a separate vote, separate findings and separate motions for the two stores.
Ms. Hansson stated that Mr. Coates could combine the testimony for both applications and asked the secretary to call Item 5, as well.
Susan Duffy Schwall, 24 Via Sierra Grande, Manitou Springs, CO 80829, was sworn in and stated she was the managing member of Liquor Licensing Professionals, who did the surveys. Ms. Duffy Schwall stated the procedures used to do the petitions and explained the results of the surveys for both Circle K Stores.
There was a question and answer period between the Liquor Licensing Authority and Ms. Duffy Schwall.
Stephen Maeda, 10922 Pagosa St., Commerce City, CO 80022, was sworn in and
stated he was the Retail Operations Director for Circle K Stores, Inc. Mr. Maeda
stated that he oversees the day-to-day operations of the 67 Circle K Stores
in Colorado.
Mr. Maeda stated the history of the Circle K Stores, Inc. Mr. Maeda stated the
policies and procedures of Circle K Stores, Inc.
Robert Carrasco, 19452 E. Brunswick Dr., Aurora, CO 80013, was sworn in and stated he was the Human Resources Supervisor of Circle K Stores, Inc. and was responsible for the training programs for the 67 Circle K Stores in Colorado. Mr. Carrasco stated the training procedures and employee standards regarding the sale of alcohol.
There was a question and answer period between the Liquor Licensing Authority and Mr. Carrasco.
Bill Allsworth, 21121 E. Jefferson Ave., Aurora, CO 80013, was sworn in and stated he was the Market Manager for the Circle K Store at 9207 W. Jewell Ave. Mr. Allsworth stated that he oversees the day-to-day operations of 11 of the Circle K Stores in the Denver Metro Area. Mr. Allsworth stated where the alcohol would be kept in the store on Jewell and the procedures used to secure the alcohol. Mr. Allsworth stated that their customers had asked that the Circle K Store on Jewell stock beer for sale.
There was a question and answer period between the Liquor Licensing Authority and Mr. Allsworth.
Mr. Williams moved to approve the application for a 3.2% Off Premises Fermented Malt Beverage License for Circle K Stores, Inc. d/b/a Circle K Store #2709884, located at 9207 W. Jewell Ave. The motion was seconded. Vote: 5 Ayes 0 Nays. THE MOTION CARRIED.
ITEM 5 - NEW APPLICATION
3.2% Off Premises Fermented Malt Beverage License
Circle K Stores, Inc.
d/b/a Circle K Store #2709888
16065 W. Colfax Ave.
Mague Wilson, 16195 E. Geddes Dr., Aurora, CO 80016, was sworn in and stated he was the Market Manager for the Circle K Store at 16065 W. Colfax Ave. Mr. Wilson stated where the alcohol would be kept in the store. Mr. Wilson stated the procedures used to secure the alcohol.
There was a question and answer period between the Liquor Licensing Authority and Mr. Wilson.
Mr. Williams moved to approve the application for a 3.2% Off Premises Fermented Malt Beverage License for Circle K Stores, Inc. d/b/a Circle K Store #2709888, located at 16065 W. Colfax. The motion was seconded. Vote: 5 Ayes 0 Nays. THE MOTION CARRIED.
ITEM 3 - SHOW CAUSE HEARING (Continued from October 11, 2007)
Tavern License
CL Enterprises, LLC
d/b/a Club Fantasy
5255 W. 6th Ave.
Mr. Danahey moved to accept the Findings of Fact, Conclusions and Order as
entered into the record. The motion was seconded. Vote: 5 Ayes and 0 Nays. THE
MOTION CARRIED.
I. Findings of Fact
A. The Authority finds that CL Enterprises, LLC (the "Licensee") holds a Tavern License for the premises known as Club Fantasy, located at 5255 West 6th Avenue, in the City of Lakewood and County of Jefferson, Colorado.
B. The Licensee was properly served with the Complaint, Order to Show Cause and Notice of Hearing.
C. The Authority has proper jurisdiction in this matter.
D. The Complaint alleges eleven incidents from the period December 17, 2006 to July 9, 2007 that the City contends are violations of Colorado Department of Revenue Regulation 49-900A, Conduct of Establishment.
E. The City presented evidence of each incident through the testimony of Lakewood police officers and presentation of exhibits.
F. The Licensee did not deny the occurrence of any of the incidents, except that with respect to the allegations of service to minors. He identified security measures that were in place that would prevent service to minors, and with respect to the allegations of Paragraph 6 of the Complaint, evidence that the premises were closed to business at the time of the occurrence and the individuals were not patrons of the Licensee.
G. The parties agree that Paragraph 6 of the Complaint alleged an incident that did not involve Licensee culpability and therefore the Authority will not further consider this incident.
H. A number of the incidents, specifically those alleged in Paragraphs 4,5,6,7,11 and 12, involved patrons who were intoxicated and the Authority finds substantial evidence of overservice of alcohol beverages on a number of occasions by the Licensee and that this overservice contributed to, or caused, the public disturbances and problems of control.
I. The Authority finds each of the alleged incidents occurred as alleged in the Complaint.
J. The Authority further finds that the incidents alleged in Paragraphs 2 and 6 of the Complaint were probably not preventable by the Licensee even with proper management and control of the premises.
II. Conclusions
A. Based upon the evidence presented and the above Findings, the Authority concludes that during the period December 17, 2006 to July 9, 2007, there were at least eight instances of failure to conduct the licensed premises in a decent, orderly and respectable manner and knowingly permitting rowdiness, undue noise and other disturbances or activity offensive to the senses of the average citizen, or residents of the neighborhood in violation of Colorado Department of Revenue Regulation 47-900A.
B. The Authority concludes that each instance was preventable through closer monitoring of the service of alcohol beverages and better observation and control of patrons that would have allowed the Licensee to intervene before problems escalated rather than reacting afterwards.
C. The Authority further concludes that it is the plan of the Licensee to cater his business to very large numbers of patrons of a relatively young age, consuming a large amount of alcohol, and that the likelihood of serious problems without adequate management and security practices was, or clearly should have been, known to the Licensee.
III. Order
The Authority, having concluded that there were eight instances of a violation of Colorado Department of Revenue Regulation 47-900A in a relatively short, less than eight month, period of time, Orders that appropriate sanctions shall be imposed upon a Motion duly approved by the Authority.
Yung Hwan Kim, 10313 E. Peakview Ave., Englewood, CO 80111, was sworn in and stated he was the manager of Club Fantasy. Mr. Kim stated the steps he had taken recently to prevent underage drinking. Mr. Kim stated that more than 15 of his employees had taken the Lakewood Alcohol Awareness Class of August 16, 2007 and that it was his policy that all employees must take the class. Mr. Kim stated that in the last two weeks, there had not been any fights or disturbances at Club Fantasy and the Lakewood Police Department had not been called for assistance.
Shirley Santomaso, 575 Wynona Ct., Denver, CO 80204, was sworn in and stated
that she lived about six blocks from Club Fantasy. Ms. Santomaso stated that
she had witnessed the number of people who frequent the club and that it seemed
to be overly crowded. Ms. Santomaso stated there have been cars parked on the
frontage road going all the way around the club and that there was a lot of
traffic around the club.
Ms. Santomaso stated that it was an older neighborhood around the club and that
Club Fantasy was a very bad influence.
There was a question and answer period between the Liquor Licensing Authority and Ms. Santomaso.
Ms. Roth stated that she would like the Liquor Licensing Authority to take into account the number of incidences in a short amount of time and that the establishment was open only three days a week. Ms. Roth stated that the City was asking that Club Fantasy not be allowed to pay a fine in lieu of suspension.
Mr. J.Y. Kang, Registration No. 23250, stated that he was the attorney for the licensee. Mr. Kang stated that there were a series of acts that were cumulative over a period of time that led to one violation of Regulation 47-900, not eight separate violations. Mr. Kang stated that on a first violation, the regulation authorizes the Liquor Licensing Authority to take into consideration something as lenient as a warning or something as harsh as a suspension. Mr. Kang stated that in light of the findings, he would not ask the Authority to pay a fine in lieu of suspension but stated that he would ask the Authority to consider the effect of shutting down Club Fantasy for three days. Mr. Kang stated that closing Club Fantasy for three days would be 25% of its monthly business. Mr. Kang asked the Authority to take into consideration the measures that his client had taken to insure these incidences did not happen again. Mr. Kang stated that the Authority could hold more than the usual number of days in abeyance with a token suspension of one day, which would remind his client that any further violations would result in further suspension. Mr. Kang stated that a one-day suspension would have a huge impact on his client because he was only open three days a week.
There was discussion among the members of the Liquor Licensing Authority.
Mr. Muniz made a motion that the following penalty be imposed upon CL Enterprises, LLC d/b/a Club Fantasy. 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 November 2, 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 November 2, 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. November 2, 2007 and end on November 5, 2007 at 8:00 a.m. and commence again at 8:00 a.m. November 9, 2007 and end at 8:00 a.m. November 11, 2007. The motion was seconded. Vote: 4 Ayes and 1 Nay (Williams). THE MOTION CARRIED.
Mr. Kang stated that his client would like to pay a fine for two of the days of suspension.
Mr. Williams made a motion that CL Enterprises, LLC d/b/a Club Fantasy, be permitted to pay a fine in lieu of two days actual suspension imposed. The motion was seconded. Vote: 4 Ayes and 1 Nay (Hansson). THE MOTION CARRIED.
ITEM 6 - GENERAL BUSINESS
There was no general business to be discussed.
ITEM 7 - ADJOURNMENT
There being no further business to come before the Authority, Chairwoman Hansson adjourned the meeting at 8:49 p.m.
Joyce Wamboldt, Liquor Licensing Specialist
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