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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
Stanley Wisneski
Absent: Eugene O'Malley
Michael O'Neill
Albert Williams
Also present: Jennifer Roth, Chief Municipal Prosecutor
Donia Amick, Lakewood Police Sergeant
ITEM 3 - APPROVAL OF MINUTES
Regular Meeting October 11, 2007
Mr. Danahey made a motion to accept the meeting minutes of October 11, 2007. The motion was seconded. Vote: 4 Ayes 0 Nays. THE MOTION CARRIED.
ITEM 4 - NEW APPLICATION
Hotel & Restaurant License
El Jalisciense II, LLC
d/b/a El Jalisciense II
5400 W. Alameda Ave.
Thomas Dunn, Registration No. 9395, stated he was the attorney representing the applicant.
Aurelio Padilla, 4100 Ammons St. Wheat Ridge, CO 80033, was sworn in.
Tina Scott, 1216 Tiperary St., Louisville, CO 80027, was sworn in and stated she was one of the owners of Oedipus, Inc. Ms. Scott stated the procedures used to do the petitions and explained the results of the survey.
Ricardo Ortega, 224 S. Xenobia St., Denver, CO 80219, was sworn in and stated that he was in favor of the issuance of a liquor license to El Jalisciense II.
Cesar Padilla, 6698 W. Louisiana Pl., Lakewood, CO 80232, was sworn in and stated that he was a manager of a Mexican bakery on W. Alameda and Jay St. Mr. Padilla stated Mr. Aurelio Padilla was his uncle. Mr. Padilla stated that he was in favor of the issuance of a liquor license to El Jalisciense II.
Aurelio Padilla, stated that he is the owner of El Jalisciense II. Mr. Padilla stated his experience in the restaurant industry. Mr. Padilla stated that he owned another restaurant in Wheat Ridge, El Jalisciense I, for almost seven years. Mr. Padilla stated the training he had received regarding the service of alcohol. Mr. Padilla stated that he was planning on attending Lakewood's Alcohol Awareness Class and that his employees would be required to attend the class. Mr. Padilla stated his policies regarding the service of alcohol.
There was a question and answer period between the Liquor Licensing Authority and Mr. Padilla.
Paul Kreins, 5480 W. Alameda Ave., Lakewood CO. 80226, was sworn in and stated that he owned Bowl-ero Lanes on W. Alameda Ave. and that he was in favor of the issuance of a liquor license to El Jalisciense II.
Mr. Muniz moved to approve the application for a Hotel & Restaurant License
for El Jalisciense II, LLC d/b/a El Jalisciense II, located at 5400 W. Alameda
Ave.
The motion was seconded. Vote: 4 Ayes 0 Nays. THE MOTION CARRIED.
ITEM 5 - NEW APPLICATION
Retail Liquor License
YKP Enterprise, LLC
d/b/a G-6 Liquor
9080 W. 6th Ave.
Kristine Hoeltgen, Registration No. 8321, stated that she was the attorney representing the applicant, Yong Kyu Park.
Tina Scott, 1216 Tiperary St., Louisville, CO 80027, stated the procedures used to do the petitions and explained the results of the survey.
Brad Barber, 1634 Steel St., Denver, CO 80206, was sworn in and stated that he is one of the owners and manager of the Meadowlark Shopping Center where G-6 Liquors was located. Mr. Barber stated the history of the liquor store. Mr. Barber stated that when the liquor store became available for lease, there were approximately 15 to 20 people who approached him regarding leasing the store. Mr. Barber stated that Mr. Yong Kyu Park had the best plan, was financially qualified and was selected to lease the space.
Ms. Hoeltgen stated that there were several people who could not attend the hearing but wrote letters stating they were in favor of the liquor license being issued to G-6 Liquors. Ms. Hoeltgen gave copies of the letters to the Liquor Licensing Authority to read.
Yong Kyu Park, 491 S. Youngfield Ct., Lakewood, CO 80228, was sworn in and stated his history in the alcohol industry. Mr. Park stated that he had taken the Lakewood Alcohol Awareness Class. Mr. Park stated his policies regarding the sale of alcohol.
There was a question and answer period between the Liquor Licensing Authority and Mr. Park.
James Won signed the hearing roster but did not wish to speak.
Wonsuk Chae signed the hearing roster but did not wish to speak.
Mr. Muniz moved to approve the application for a Retail Liquor License for YKP Enterprise, LLC d/b/a G-6 Liquor, located at 9080 W. 6th Ave. The motion was seconded. Vote: 4 Ayes 0 Nays. THE MOTION CARRIED.
ITEM 6 - SHOW CAUSE HEARING(Continued from November 8, 2007)
Tavern License
Armoni's, LLC
d/b/a Armoni's
7576 W. Jewell Ave.
Ms. Roth stated the violation, sale to a minor, was due to a compliance check
on
August 15, 2007. Ms. Roth stated that this was their first offense and that
she would recommend a ten-day suspension with five days held in abeyance for
a year. Ms. Roth stated that the licensee was asking to pay a fine in lieu of
suspension.
Lena Ewing, Registration No. 28627, stated she was the attorney representing the licensee, Joseph Williams. Ms. Ewing stated that she would like to address the Liquor Licensing Authority to ask for a shorter suspension and present the measures that Mr. Williams had taken to prevent the sale of alcohol to minors in the future.
Mr. Muniz made a motion to approve the stipulation between the Chief Municipal Prosecutor and Armoni's, LLC d/b/a Armoni's, located at 7576 W. Jewell Ave. The motion was seconded. Vote: 4 Ayes 0 Nays. THE MOTION CARRIED.
Joseph Williams, 6990 W. Cedar Ave., Apt. 408, Lakewood, CO 80226, was sworn in and stated that he was admitting to the violation. Mr. Williams stated that from 11:00 a.m. to 7:00 p.m., he did not have security at the club. Mr. Williams stated that the bartenders, during that time period, are supposed to I.D. anyone in the club and then serve them the alcohol. Mr. Williams stated that the employee, who had served the minor, had a lot of previous experience and that she knew she was supposed to I.D. the customers. Mr. Williams stated that the bartender received a two-week suspension but that he did not terminate her. Mr. Williams stated that later at night, there are at least seven security guards on duty. Mr. Williams stated that he played dance music after 8:00 p.m. and that he had security to keep things from getting out of hand. Mr. Williams stated that he allowed underage people into the club but he did now allow them to drink alcohol. Mr. Williams stated that all of his employees are required to get training on the sale of alcohol. Mr. Williams stated that after the incident occurred, he reiterated to his employees that they must I.D. the customers. Mr. Williams stated that during the evening, customers can only enter Armoni's through the west entrance. Mr. Williams stated that he had a new system that took a picture of the customer's I.D. Mr. Williams stated that the system tells the security guards the age of the customer and shows a visual picture of each customer. Mr. Williams showed the Liquor Licensing Authority the device that he used in his establishment. Mr. Williams stated that he had a USB port that he plugged into his computer and it scanned the I.D.s. Mr. Williams stated that if a customer had been previously in his club, and caused trouble, when the I.D. was entered into the system, it would flag that person and that person would not be allowed in the club.
Joshua Vossel, 11690 W. 16th Ave., Lakewood, CO 80125, was sworn in and stated that he worked as a security guard at Armoni's. Mr. Vossel stated after 10:00 p.m., no one under the age of 21 could stay or enter into the club. Mr. Vossel stated that if they scanned an I.D. and that person was not 21, the system would flag the I.D. and that person would not be allowed into the club. Mr. Vossel stated that the system would give them a magnified picture of the face on the I.D., the issue date, expiration date, date of birth and the scan date and that it was a better visual aid for checking I.D.s. Mr. Vossel stated that it also helped them spot fake I.D.s, as well. Mr. Vossel stated that if the police are called to the club, the system gave them all the information needed for the police report.
Ms. Hansson asked Mr. Williams what procedures were used to get persons under the age of 21 out of the club after 10:00 p.m.
Mr. Williams stated that after 10:00 p.m., he and his employees go through the club and anyone under 21 years of age are asked to leave. Mr. Williams stated that if someone had a party at the club, they did not state that the kids could not come into the club but they told them they could not drink alcohol.
Mr. Vossel stated that during the daytime, the club is more of a family bar and that after 10:00 p.m., then the music starts playing and the kids must leave. Mr. Vossel stated that the purpose of having security at the club before 10:00 p.m. was so they knew who was underage and who had to leave before the curfew took affect.
Mr. Muniz asked how they distinguish between who was underage and who was of legal age before 10:00 p.m. and how they monitored them.
Mr. Williams stated that, generally, their customers were good people and if their kids were in the club, the parents did not allow them to drink in the club. Mr. Williams stated that it was kind of a family thing.
Mr. Vossel stated that normally they do not let children under the age of 18 into the club unless they are chaperoned by their parents. Mr. Vossel stated that they know who they are when they come in because most of them are regulars. Mr. Vossel stated that when security gets there, they try to walk around the club and get to know the people in there. Mr. Vossel stated that if someone was there that they did not recognize, then security I.D.'d them a second time.
Mr. Williams stated that customers have brought their children into the club and that his staff watched them and, if there was a problem, they dealt with it. Mr. Williams stated that he visually watched his customers and watched his employees to make sure they were checking I.D.'s. Mr. Williams stated that, generally, there are small children in the club and there was not any confusion as to whether they were old enough to be served. Mr. Williams stated that before the music starts, there are around 30 to 40 people in the club and they are regulars that come in everyday. Mr. Williams stated that after 10:00, there are around 145 people in the club. Mr. Williams stated that anyone, other than the regulars who came in, was monitored. Mr. Williams stated that at night they could not control who was coming in and that's why they now use the new system. Mr. Williams stated that when the officers and the minor came in, he was curious about them because he had never seen them before.
Mr. Muniz asked how they control the underage kids on a Friday or Saturday night when they were very busy.
Mr. Vossel stated that usually their crowd was a lighter crowd and they normally don't get busy until around 10:30 p.m. or 11:00 p.m. Mr. Vossel stated that before that, there was only around 30 to 40 people in the bar and it was very easily regulated. Mr. Vossel stated that when they start getting busy, they make sure the minors leave. Mr. Vossel stated that they had a hand stamp system and if someone left the club, that person could not get back in unless security saw the hand stamp. Mr. Vossel stated that without the hand stamp, security asked to see the I.D. again and it was scanned into the system. Mr. Vossel stated that they did this with their regulars, also. Mr. Vossel stated that if anyone had an Armoni hand stamp on their hand, he would guarantee they were of age.
Mr. Williams stated that the reason they got the new system was because people were doing things that they shouldn't do and then they would leave. Mr. Williams stated that he and his employees did not know who these people were and the new system helps them track the troublemakers. Mr. Williams stated that the club was all that he had and it meant a lot to him. Mr. Williams stated that he would do whatever it took to make the club successful and to keep people safe. Mr Williams stated that he had never sold alcohol in his life until he bought the club and that he had been in business for only eight months.
Ms. Ewing stated that the measures that Mr. Williams had taken, to try and control the club, were significant and that not many bars had the new system that Mr. Williams was using. Ms. Ewing stated that Mr. Williams reacted quickly to the problem and that for those reasons, she asked the Liquor Licensing Authority to consider a three-day suspension and a fine in lieu of suspension.
Mr. Williams stated that this was a new business and he did not have a lot of money. Mr. Williams stated that he was barely making ends meet right now and he had loans to pay.
There was discussion between the members of the Liquor Licensing Authority.
Mr. Wisneski made a motion that the following penalty be imposed upon Armoni's,
LLC d/b/a Armoni's. 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 December 14,
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 December 14, 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. December 14, 2007 and end on December 19, 2007 at 7:00
a.m. The motion was seconded.
Vote: 4 Ayes and 0 Nay. THE MOTION CARRIED.
Mr. Muniz made a motion that Armoni's, LLC d/b/a Armoni's, 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 - 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 November 6, 2007.
The first complaint was for Japan Food Concepts, Inc. d/b/a Kobe An, 88 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 Hotel & Restaurant License held by Japan Food Concepts, Inc. d/b/a
Kobe An,
88 S. Union Blvd., should not be suspended or revoked, such hearing to be held
on January 24, 2008. The motion was seconded and with all members of the Liquor
Licensing Authority present voting aye, THE MOTION CARRIED.
The second complaint was for Lakewood Hotel Company, Inc. d/b/a Sheraton Hotel & Conference Center, 360 Union Blvd., for alleged sale to a minor.
Mr. Wisneski made a motion to serve a notice of hearing and order to show cause why the Hotel & Restaurant License held by Lakewood Hotel Company, Inc. d/b/a Sheraton Hotel & Conference Center, 360 Union Blvd., should not be suspended or revoked, such hearing to be held on January 24, 2008. The motion was seconded and with all members of the Liquor Licensing Authority present voting aye, THE MOTION CARRIED.
The third complaint was for ARG Enterprises, Inc. d/b/a Stuart Anderson's Black Angus Restaurant, 375 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 Hotel & Restaurant License held by ARG Enterprises, Inc. d/b/a Stuart Anderson's Black Angus Restaurant, 375 Union Blvd., should not be suspended or revoked, such hearing to be held on January 24, 2008. 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 8:18 p.m.
Joyce Wamboldt, Liquor Licensing Specialist
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