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January 24, 2008
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
Albert Williams
Stanley Wisneski
Absent: Eugene O'Malley
Michael O'Neill
Also present: Jennifer Roth, Chief Municipal Prosecutor
ITEM 3 - APPROVAL OF MINUTES
Regular Meeting, October 25, 2007
Regular Meeting, November 8, 2007
Regular Meeting, December 13, 2007
Mr. Muniz made a motion to accept the meeting minutes of October 25, 2007,
November 8, 2007 and December 13, 2007. The motion was seconded.
Vote: 5 Ayes 0 Nays. THE MOTION CARRIED.
ITEM 4 - MODIFICATION OF PREMISES
Hotel & Restaurant License
Pinnacle Food & Beverage Group
d/b/a Lakewood Wingstop
1057 S. Wadsworth Blvd.
Ms. Wamboldt, secretary to the Liquor Licensing Authority, stated that she had received an application for a modification of premises for Lakewood Wingstop, requesting to add a patio to the licensed premises. Ms. Wamboldt stated that when she looked at the original diagram, she discovered that only a portion of the restaurant was within the licensed premises. Ms. Wamboldt stated that after discussing this with the Mr. Sugrue, one of the officers of the corporation, he made the decision to modify the diagram to include the entire restaurant, as well as the patio, into the licensed premises.
Joseph Sugrue, 10106 S. Wynwood Way, Littleton, CO 80126, was sworn in and stated that Kelly Pietrs of Esquire Petitioning Services, LLC, did the petitions. Mr. Sugrue stated that when he applied for the original liquor license, for whatever reason, the original diagram outlined only the dining room and the counter area to be licensed and the entire restaurant should have been included in the liquor license. Mr. Sugrue stated that he added a small patio to the side of the restaurant and that he was requesting that the patio be included in the licensed premises.
There was a question and answer period between the Liquor Licensing Authority and Mr. Sugrue.
Mr. Wisneski made a motion to approve the modification of premises for Pinnacle
Food & Beverage Group, d/b/a Lakewood Wingstop. The motion was seconded.
Vote: 5 Ayes 0 Nays. THE MOTION CARRIED.
ITEM 5 - SHOW CAUSE HEARING
Hotel & Restaurant License
Japan Food Concepts, Inc.
d/b/a Kobe An
88 S. Union Blvd.
Ms. Roth stated the violation, sale to a minor, was due to a compliance check on November 6, 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.
Michelle Trujillo, 12041 W. Center Pl., Lakewood, CO 80228, was sworn in.
Mr. Muniz made a motion to approve the stipulation between the Chief Municipal
Prosecutor and Japan Food Concepts, Inc. d/b/a Kobe An, located at 88 S. Union
Blvd. The motion was seconded.
Vote: 5 Ayes 0 Nays. THE MOTION CARRIED.
Ms. Trujillo stated that she was the manager of Kobe An and she admitted that the violation occurred. Ms. Trujillo stated that the server, who sold alcohol to the minor, had just started working at Kobe An and it was her first day on the job. Ms. Trujillo stated that the server was not supposed to be serving anything and was just supposed to follow someone that night. Ms. Trujillo stated that the person she was following went into the kitchen and had the new server stocking in the bar. Ms. Trujillo stated that the new server had her back toward the bar and when the minor came in and asked for a beer, she turned around and, without thinking, served the minor. Ms. Trujillo stated that she had talked to the server regarding the incident. Ms. Trujillo stated that she had signed up all of her servers for the Lakewood Awareness Class. Ms. Trujillo stated that she was strictly enforcing a rule that all of her servers I.D. any customers that are of a questionable age.
There was a question and answer period between the Liquor Licensing Authority and Ms. Trujillo.
Brett Marlar, 12961 W. Montana Ave., Lakewood, CO 80228, was sworn in and stated that in the 23 years that he had been frequenting this restaurant, he had noticed that the servers always asked to see the I.D. of anyone who was of a questionable age. Mr. Marlar stated that he thought the violation was a fluke occurrence and that a sale to a minor was not a regular occurrence.
Mr. Muniz made a motion that the following penalty be imposed upon Japan Food
Concepts, Inc. d/b/a Kobe An. 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 January
25, 2008, 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 January 25, 2008, 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. January 25, 2008 and end on January
30, 2008 at 7:00 a.m. The motion was seconded.
Vote: 5 Ayes and 0 Nay. THE MOTION CARRIED.
Mr. Wisneski made a motion that Japan Food Concepts, Inc. d/b/a Kobe An, be
permitted to pay a fine in lieu of five days actual suspension imposed. The
motion was seconded.
Vote: 5 Ayes and 0 Nay. THE MOTION CARRIED.
ITEM 6 - SHOW CAUSE HEARING
Hotel & Restaurant License
Lakewood Hotel Company, Inc.
d/b/a Sheraton Hotel & Conference Center
360 Union Blvd.
Ms. Roth stated the violation, sale to a minor, was due to a compliance check on November 6, 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.
Timothy H. Wolfe, 360 Union Blvd., Lakewood, CO 80228, was sworn in and stated that he is the general manager of the Sheraton Hotel.
Mr. Muniz made a motion to approve the stipulation between the Chief Municipal
Prosecutor and Lakewood Hotel Company, Inc. d/b/a Sheraton Hotel & Conference
Center, located at 360 Union Blvd. The motion was seconded.
Vote: 5 Ayes 0 Nays. THE MOTION CARRIED.
Mr. Wolfe stated that he was admitting that the violation occurred. Mr. Wolfe stated that he wanted to apologize to the Authority for the violation. Mr. Wolfe stated that this was considered to be gross negligence and that the employee, who served the minor, was terminated. Mr. Wolfe stated the training and programs that are used by the Sheraton Hotel to prevent sales to a minor and over consumption.
There was a question and answer period between the Liquor Licensing Authority and Mr. Wolfe.
Mr. Wisneski made a motion that the following penalty be imposed upon Lakewood
Hotel Company, Inc. d/b/a Sheraton Hotel & Conference Center. 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 January 25, 2008, 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 January 25, 2008, 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.
January 25, 2008 and end on January 30, 2008 at 7:00 a.m. The motion was seconded.
Vote: 5 Ayes and 0 Nay. THE MOTION CARRIED.
Mr. Muniz made a motion that Lakewood Hotel Company, Inc. d/b/a Sheraton Hotel
& Conference Center be permitted to pay a fine in lieu of five days actual
suspension imposed. The motion was seconded.
Vote: 5 Ayes and 0 Nay. THE MOTION CARRIED.
ITEM 7 - SHOW CAUSE HEARING
Hotel & Restaurant License
ARG Enterprises, Inc.
d/b/a Stuart Anderson's Black Angus Restaurant
375 Union Blvd.
Ms. Wamboldt stated that she had received a request for a continuance from
the manager of Stuart Anderson's Black Angus Restaurant. Ms. Wamboldt stated
that the manager had just transferred to this location and had wanted time to
find out what had happened regarding the incident. Ms. Wamboldt stated that
she had administratively continued the hearing to February 28, 2008.
ITEM 8 - GENERAL BUSINESS
Ms. Roth stated there were five complaints being brought forward for motions to show cause.
The first complaint was for El Torito Bar & Grill, LLC d/b/a El Torito Bar & Grill, 999 Sheridan Blvd. Ms. Roth stated there were three incidents in the complaint for alleged conduct of establishment.
Mr. Muniz made a motion to serve a notice of hearing and order to show cause why the Tavern License held by El Torito Bar & Grill, LLC d/b/a El Torito Bar & Grill, 999 Sheridan Blvd., should not be suspended or revoked, such hearing to be held on February 28, 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 Armoni's, LLC d/b/a Armoni's, 7576 W. Jewell Ave., for alleged conduct of establishment.
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 February 28, 2008. The motion was seconded and with all members of the Liquor Licensing Authority present voting aye, THE MOTION CARRIED.
Ms. Roth stated that the next three complaints were being brought forward for motions to show cause as a result of a compliance check performed by the Lakewood Police Department on January 8, 2008.
The third complaint was for Sixty Five Sixty Corporation d/b/a Red Coach Inn, 6560 W. Colfax Ave., for alleged sale to a minor.
Mr. Muniz made a motion to serve a notice of hearing and order to show cause why the Tavern License held by Sixty Five Sixty Corporation d/b/a Red Coach Inn, 6560 W. Colfax Ave., should not be suspended or revoked, such hearing to be held on February 28, 2008. The motion was seconded and with all members of the Liquor Licensing Authority present voting aye, THE MOTION CARRIED.
The fourth complaint was for Yanna's Café, Inc. d/b/a Yanna's Café, 205 S. Sheridan 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 Yanna's Café, Inc. d/b/a Yanna's Café, 205 S. Sheridan Blvd. should not be suspended or revoked, such hearing to be held on February 28, 2008. The motion was seconded and with all members of the Liquor Licensing Authority present voting aye, THE MOTION CARRIED.
The fifth complaint was for Brothers BBQ VI, Inc. d/b/a Brothers BBQ VI, 105 Wadsworth 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 Brothers BBQ VI, Inc. d/b/a Brothers BBQ VI, 105 Wadsworth Blvd. should not be suspended or revoked, such hearing to be held on February 28, 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 7:36 p.m.
Joyce Wamboldt, Liquor Licensing Specialist
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