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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
Albert Williams
Stanley Wisneski
Absent: Larry Muniz
Eugene O'Malley
Michael O'Neill
Also present: Jennifer Roth, Chief Municipal Prosecutor
Richard Miller, Counsel to the Liquor Licensing Authority
ITEM 3 - APPROVAL OF MINUTES
Regular Meeting January 24, 2008
Mr. Williams made a motion to accept the meeting minutes of January 24, 2008.
The motion was seconded.
Vote: 4 Ayes 0 Nays. THE MOTION CARRIED.
ITEM 4 - SHOW CAUSE HEARING (Continued from January 24, 2008)
Hotel & Restaurant License
ARG Enterprises, Inc.
d/b/a Stuart Anderson's Black Angus Restaurant
375 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.
Mr. Wisneski made a motion to approve the stipulation between the Chief Municipal
Prosecutor and ARG Enterprises, Inc., d/b/a Stuart Anderson's Black Angus Restaurant,
located at 375 Union Blvd. The motion was seconded.
Vote: 4 Ayes 0 Nays. THE MOTION CARRIED.
Debra Deane, 857 S. Van Gordon Ct., G-104, Lakewood, CO 80228, was sworn in. Ms. Deane stated that she was admitting to the violation. Ms. Deane stated that Black Angus Restaurants has a zero tolerance for any type of violation and that the employee was immediately terminated. Ms. Deane stated that she was going to take the Lakewood Alcohol Awareness class and take the information back to the servers. Ms. Deane explained the alcohol service training procedures that employees are required to attend.
Mr. Wisneski made a motion that the following penalty be imposed upon ARG Enterprises,
Inc., d/b/a Stuart Anderson's Black Angus Restaurant. 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 February 29, 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
February 29, 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. February
29, 2008 and end on March 5, 2008 at 7:00 a.m. The motion was seconded.
Vote: 4 Ayes and 0 Nays. THE MOTION CARRIED.
Ms. Deane asked the Authority to allow Black Angus Restaurant to pay a fine in lieu of suspension.
Mr. Wisneski made a motion that ARG Enterprises, Inc., d/b/a Stuart Anderson's
Black Angus Restaurant, be permitted to pay a fine in lieu of five days actual
suspension imposed. The motion was seconded.
Vote: 4 Ayes and 0 Nays. THE MOTION CARRIED.
ITEM 5 - SHOW CAUSE HEARING
Hotel & Restaurant License
Brothers BBQ VI, Inc.
d/b/a Brothers BBQ VI
105 Wadsworth Blvd.
Adam Stapen, Registration No. 27506, stated he was representing the licensee.
Ms. Roth stated the violation, sale to a minor, was due to a compliance check on January 8, 2008. 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.
Mr. Wisneski made a motion to approve the stipulation between the Chief Municipal
Prosecutor and Brothers BBQ VI, Inc., d/b/a Brothers BBQ VI, located at 105
Wadsworth Blvd. The motion was seconded.
Vote: 4 Ayes 0 Nays. THE MOTION CARRIED.
Mr. Stapen stated that they would like to apologize to the Authority and that it was not the intent of Brothers BBQ to sell alcohol to minors. Mr. Stapen stated that they have eight stores throughout Colorado, have been in business for ten years, and this was their first violation. Mr. Stapen stated that the employees are trained in the sale of alcohol before they start working in any of their restaurants. Mr. Stapen stated that the employees of both restaurants located in Lakewood were going to take the Lakewood Alcohol Awareness Class. Mr. Stapen asked that his client be allowed to pay a fine in lieu of suspension.
Chris O'Sullivan, 1433 Forest St., Denver, CO 80220, was sworn in and stated he was one of the owners of Brothers BBQ VI. Mr. O'Sullivan stated that the gentleman who sold the alcohol is a great employee and was caught off-guard. Mr. O'Sullivan stated that he did not want to fire him but, in the future, after seeing what they had gone through over this incident, they would definitely enact a zero tolerance policy in all of their restaurants.
Mr. Wisneski made a motion that the following penalty be imposed upon Brothers
BBQ VI, Inc., d/b/a Brothers BBQ VI. 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 February 29, 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 February 29, 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. February 29, 2008 and end on March
5, 2008 at 7:00 a.m. The motion was seconded.
Vote: 4 Ayes and 0 Nays. THE MOTION CARRIED.
Mr. Wisneski made a motion that Brothers BBQ VI, Inc., d/b/a Brothers BBQ VI
be permitted to pay a fine in lieu of five days actual suspension imposed. The
motion was seconded.
Vote: 4 Ayes and 0 Nays. THE MOTION CARRIED.
ITEM 6 - SHOW CAUSE HEARING
Tavern License
Sixty Five Sixty Corporation
d/b/a Red Coach Inn
6560 W. Colfax Ave.
Ms. Wamboldt stated that the licensee's attorney, Mr. Doug McKinnon, had requested a continuance because he was going to be out of state and would not be able to attend the hearing. Ms. Wamboldt stated that the hearing was continued to March 27, 2008.
ITEM 7 - SHOW CAUSE HEARING
Hotel & Restaurant License
Yanna's Café, Inc.
d/b/a Yanna's Café
205 S. Sheridan Blvd.
Ioanna Andrianakos, 6440 S. Ouray Way, Centennial, CO 80006, was sworn in.
Ms. Roth stated the violation, sale to a minor, was due to a compliance check on January 8, 2008. 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.
Mr. Wisneski made a motion to approve the stipulation between the Chief Municipal
Prosecutor and Yanna's Café, Inc., d/b/a Yanna's Café, located
at 205 S. Sheridan Blvd. The motion was seconded.
Vote: 4 Ayes 0 Nays. THE MOTION CARRIED.
Ms. Andrianakos stated that she was admitting to the violation and apologized to the Authority. Ms. Andrianakos stated that the employee who served the minor was no longer employed at Yanna's Café.
Mr. Wisneski made a motion that the following penalty be imposed upon Yanna's
Café, Inc., d/b/a Yanna's Café. 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 February 29, 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 February 29, 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. February 29, 2008 and end on March
5, 2008 at 7:00 a.m. The motion was seconded.
Vote: 4 Ayes and 0 Nays. THE MOTION CARRIED.
Ms. Andrianakos asked to pay a fine in lieu of suspension.
Mr. Wisneski made a motion that Yanna's Café, Inc., d/b/a Yanna's Café
be permitted to pay a fine in lieu of five days actual suspension imposed. The
motion was seconded.
Vote: 4 Ayes and 0 Nays. THE MOTION CARRIED.
ITEM 8 - SHOW CAUSE HEARING
Tavern License
El Torito Bar & Grill, LLC
d/b/a El Torito Bar & Grill
999 Sheridan Blvd.
Ms. Wamboldt stated that she had received a request from the licensee for a continuance to allow the licensee time to hire an attorney. Ms. Wamboldt stated that the hearing was continued to March 27, 2008.
ITEM 9 - SHOW CAUSE HEARING
Tavern License
Armoni's, LLC
d/b/a Armoni's
7576 W. Jewell Ave.
Lena Ewing, Registration No. 28627, stated she was the attorney for Mr. Williams, the licensee.
Joseph Williams, 6990 W. Cedar Ave., #408, Lakewood, CO 80226, was sworn in and stated that he was the owner of Armoni's.
Ms. Roth stated that she and Ms. Ewing had agreed to stipulate to the police reports as to what happened that night at Armoni's. Ms. Roth stated that she and Ms. Ewing would be making arguments as to responsibility and liability of the owner. Ms. Roth stated that she would like to give the Authority copies of the police reports so they could review them and then they would begin the arguments before the Authority. Ms. Roth stated that she was also giving the Authority a memo prepared by Deputy City Attorney Paul Kennebeck stating the definition of "premises" and the responsibility and liability that the City feels the owner has, as well as case law regarding these issues.
The Liquor Licensing Authority spent a few minutes reviewing the police reports and Mr. Kennebeck's memo.
Ms. Roth stated that in Agent Stadler's report, it states that this incident started inside Armoni's and that, according to a patron and witness, Rachael Phillips, she saw the two males, who were the victims in this case, hanging out together inside Armoni's all night. Ms. Roth stated that Ms. Phillips indicated that a fight had broken out on the dance floor where approximately seven males approached the two victims. Ms. Roth stated that Agent Stadler had also talked to a couple of the security guards, one of which was Mr. Cunningham, who stated that a fight did break out on the dance floor and that security broke it up. Ms. Roth stated that as Mr. Cunningham was escorting Mr. Gene Marquez out of the establishment, another patron, who was involved in the fight, created a second incident. Ms. Roth stated that Mr. Cunningham stated that the two patrons were "talking down" to each other and the one patron got away from the security guard and punched Mr. Marquez in the mouth. Ms. Roth stated that Mr. Cunningham had stated that the male did not strike Mr. Marquez too hard but Mr. Marquez was so intoxicated that it caused him to fall down. Ms. Roth stated that Mr. Marquez was the patron that Agent Stadler saw unconscious with blood on his face laying next to the entrance of Armoni's. Ms. Roth stated that the other victim, Mr. Contreraz, was laying in the parking lot to the east of Armoni's. Ms. Roth stated that in Agent Beau Jacobsen's report, Mr. James Contreraz, the brother of Mr. Gene Contreraz, was also visibly intoxicated. Ms. Roth stated that based on the police reports and the witnesses' statements, the two victims were inside Armoni's the entire evening. Ms. Roth stated that this was a serious fight where one of the victims had serious bodily injuries. Ms. Roth stated that the City's position was that although the injuries occurred in the parking lot, Armoni's should be held responsible for the disturbance and sanctioned accordingly. Ms. Roth stated that case law supported the position that the surrounding areas of a liquor establishment are also the responsibility of the owner.
Ms. Ewing stated that Mr. Williams did not deny the seriousness of the incident that occurred outside his bar. Ms. Ewing stated that the behavior that Ms. Roth referred to in the police reports were occurring as the patrons were being removed from the bar and that Armoni's was exercising it's duty to protect and keep the premises orderly. Ms. Ewing stated that it was while the patrons were being removed that the fight broke out, someone got punched and words were exchanged. Ms. Ewing stated that the security guard, as stated in the police reports, went outside with the patrons and someone grabbed a tire iron, started swinging it around, and that is what caused the major injuries. Ms. Ewing stated there was no evidence in the reports that the people were served while they were being rowdy or allowed to continue this behavior for any length of time.
Ms. Ewing stated that Mr. Williams was before the Liquor Licensing Authority previously because a bartender served a minor. Ms. Ewing stated that Mr. Williams had accepted the responsibility for that event and demonstrated to the Authority, at that time, the steps he had instituted to prevent that from happening again. Ms. Ewing stated that the incident for which he was cited now happened last October, which was before the previous hearing for sale to a minor. Ms. Ewing stated that in the six months that have passed since this incident occurred, Mr. Williams had been using the scanner program. Ms. Ewing stated that the program requires a person to scan an I.D. and it keeps it in the memory bank. Ms. Ewing stated that if there was any misbehavior, there would be a picture and an I.D. in the system that would aid the police in their investigation. Ms. Ewing stated that there have been no similar incidents in the six months that have passed and no police calls at all. Ms. Ewing stated that the scanner program keeps the troublemakers away because they know that their names and identities were going to be in the system. Ms. Ewing stated that the scanner would also be able to identify fake I.D.s from the real I.D.s. Ms. Ewing stated that in addition to the scanner, Mr. Williams now locks all of the entrances except for one; so after a certain hour, patrons can only enter through one entrance. Ms. Ewing stated that before this incident occurred, Mr. Williams had signs around the bar stating that the police would be called, but since that incident, he has added more signs stating that there is no tolerance for bad behavior.
Ms. Ewing stated that they do not argue that the establishment is responsible for the behavior of patrons outside when they can prevent it, but this incident was not a pattern that had been going on for a long time and was a one-time occurrence. Ms. Ewing stated that to hold a bar responsible for a one-time event because of a few "bad apples", where they were trying to take care of the problem, seems to be turning the state statute into a strict liability statute. Ms. Ewing stated that it was not meant to be a strict liability statute. Ms. Ewing stated that Mr. Williams did everything that he knew to do at the time of the incident; he had security, he had signs posted, and security was ejecting the patrons who were causing trouble. Ms. Ewing stated that Mr. Williams was so concerned about the incident, that he spent a considerable amount of money to buy the scanning device, which appears to work since there have not been any problems since he started using it. Ms. Ewing stated that Mr. Williams has been a responsible bar owner and the employees have been responsible in controlling the troublemakers.
Ms. Ewing showed the Liquor Licensing Authority pictures of the signs that Mr. Williams has posted inside and outside of the bar.
Mr. Williams demonstrated the scanner program for the Liquor Licensing Authority.
There was a question and answer period between the Liquor Licensing Authority and Mr. Williams.
There was discussion among the members of the Liquor Licensing Authority.
The Liquor Licensing Authority took a fifteen-minute break to consult with Mr. Miller in order to draft a motion.
Mr. Danahey made a motion stating that this matter came before the Authority from a complaint and order to show cause, charging a violation of Colorado Liquor Code Regulation 47-900A, arising out of a fight and assault beginning inside the licensed premises and continuing outside and that the Authority found that:
1. The Authority has jurisdiction over this matter.
2. On October 27, 2007, a fight occurred within the licensed premises and continued
in the parking lot of the licensed premises.
3. At least two of those involved appeared to be intoxicated.
4. Security was not adequate to either prevent the fight, initially, or to prevent
the serious assault in the parking lot, subsequently.
5. Although the assault in the parking lot occurred within seconds of the individuals
being moved outside, no one, including security, observe the assault.
The Authority concluded that this conduct reflected a failure of control and adequate management and that the licensee had permitted activity offensive to the senses of the average citizen or residents of the neighborhood, all in violation of Regulation 47-900(A).
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 seven of the
days be held in abeyance for a period of one year, commencing on February 29,
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 February 29, 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. February 29, 2008 and end on March 3, 2008 at 7:00 a.m.
The motion was seconded.
Vote: 4 Ayes and 0 Nays. THE MOTION CARRIED.
Ms. Roth stated that back in December 2007, Armoni's was given a five-day suspension for the sale to a minor in which the licensee was going to pay a fine in lieu of suspension. Ms. Roth stated that Jennifer Pingel from the Revenue Department went to Armoni's to do an audit, was unable to do an audit based on the records that were provided to her, and was unable to determine the fine in lieu of suspension. Ms. Roth stated that Ms. Pingel had worked with Mr. Williams to, hopefully, correct the problem and that Ms. Pingel was willing to go out again and try to do an audit. Ms. Roth stated that the problem involved Mr. Williams cash register receipts. Ms. Roth asked the Liquor Licensing Authority to establish another five-day period in which the fine could be calculated.
Ms. Ewing stated that Mr. Williams has a cash register with a software program in it and the way it was tallying up did not work for the audit. Ms. Ewing stated that some of the software was not functioning properly. Ms. Ewing stated that a representative of the cash register company came in and adjusted the register to make it more amenable to giving the auditor the figures required.
Mr. Williams stated that he had a receipt to show the Liquor Licensing Authority. Mr. Williams explained the different figures and categories on the receipt. Mr. Williams stated that he asked the cash register company to make the receipt simpler and easier to read.
The Liquor Licensing Authority stated the new dates for the audit would start at 7:00 a.m. on March 7, 2008 and end on March 12, 2008 at 7:00 a.m.
Ms. Ewing asked if the Liquor Licensing Authority would consider allowing Mr. Wiliams to pay a fine in lieu of the three-day suspension.
There was discussion among the members of the Liquor Licensing Authority and the members stated they were not in favor of allowing Mr. Williams to pay a fine in lieu of suspension.
ITEM 10 - GENERAL BUSINESS
There was no general business to be discussed.
ITEM 11 - ADJOURNMENT
There being no further business to come before the Authority, Chairwoman Hansson adjourned the meeting at 8:58 p.m.
Joyce Wamboldt, Liquor Licensing Specialist
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