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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
Michael O'Neill
Albert Williams
Stanley Wisneski
Absent: No one absent
Also present: Jennifer Roth, Chief Municipal Prosecutor
ITEM 3 - APPROVAL OF MINUTES
Pawnbroker Licensing Authority Regular Meeting October 26, 2000
Arcade Licensing Authority Regular Meeting August 11, 2005
Liquor Licensing Authority Regular Meeting February 28, 2008
Mr. Wisneski made a motion to accept the Pawnbroker Licensing Authority meeting
minutes of October 26, 2000. The motion was seconded. Vote: 7 Ayes 0 Nays.
THE MOTION CARRIED.
Mr. Muniz made a motion to accept the Arcade Licensing Authority meeting minutes of August 11, 2005. The motion was seconded. Vote: 7 Ayes 0 Nays. THE MOTION CARRIED.
Mr. Wisneski made a motion to accept the Liquor Licensing Authority meeting minutes of February 28, 2008. The motion was seconded. Vote: 7 Ayes 0 Nays. THE MOTION CARRIED.
ITEM 4 - SHOW CAUSE HEARING (Continued from February 28, 2008)
Tavern License
Sixty Five Sixty Corporation
d/b/a Red Coach Inn
6560 W. Colfax Ave.
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 the licensee's 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. Muniz made a motion to approve the stipulation between the Chief Municipal Prosecutor and Sixty Five Sixty Corporation, d/b/a Red Coach Inn, located at 6560 W. Colfax Ave. The motion was seconded. Vote: 7 Ayes 0 Nays. THE MOTION CARRIED.
Douglas McKinnon, Registration No. 608, stated he was the attorney for the licensee. Mr. McKinnon stated that his client was admitting to the violation. Mr. McKinnon stated that his client has been in business for over 21 years and that this was the first violation she had ever had. Mr. McKinnon stated the circumstances causing the violation.
Marilyn Wagner, 2970 S. Willow St., Denver, CO 80231, was sworn in and stated she was the owner of Red Coach Inn.
There was a question and answer period between the Liquor Licensing Authority and Ms. Wagner.
Mr. Wisneski made a motion that the following penalty be imposed upon Sixty Five Sixty Corporation, d/b/a Red Coach Inn. 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 March 28, 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 March 28, 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. March 28, 2008 and end on April 2, 2008 at 7:00 a.m. The motion was seconded. Vote: 6 Ayes and 1 Nay (O'Malley). THE MOTION CARRIED.
Mr. Muniz made a motion that Sixty Five Sixty Corporation, d/b/a Red Coach
Inn, be permitted to pay a fine in lieu of five days actual suspension imposed.
The motion was seconded. Vote: 7 Ayes and 0 Nays. THE MOTION CARRIED.
ITEM 5 - SHOW CAUSE HEARING (Continued from February 28, 2008)
Tavern License
El Torito Bar & Grill, LLC
d/b/a El Torito Bar & Grill
999 Sheridan Blvd.
Ms. Wamboldt stated that the licensee's attorney requested a continuance because he had just been retained and needed time to prepare for the hearing. Ms. Wamboldt stated that she had discussed the request with Ms. Hansson, who had approved the second continuance. Ms. Wamboldt stated the hearing had been continued to April 24, 2008.
ITEM 6 - GENERAL BUSINESS
Ms. Roth stated there were five complaints being brought forward for motions
to show cause.
The first complaint was for Mile High Wine & Spirits, LLC, d/b/a Mile High Wine and Spirits, 435 S. Vance St. Ms. Roth stated the Lakewood Police Department did an inspection of Mile High Wine and Spirits and during the inspection, they found 59 open and partially consumed bottles of wine, which was an alleged violation of C.R.S. 12-47-901(5) (k)(1) and that further investigation revealed that one of the owners was conducting wine tastings in the store which was an alleged violation of C.R.S. 12-47-301(10)(b) and there were various delivery logs found that were incomplete which was an alleged violation of Colorado Department of Revenue Regulation 47-426(A) and (B).
Mr. O'Neill made a motion to serve a notice of hearing and order to show cause why the Retail Liquor License held by Mile High Wine & Spirits, LLC, d/b/a Mile High Wine and Spirits, 435 S. Vance St, should not be suspended or revoked, such hearing to be held on April 10, 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 Martoo Corp., Inc., d/b/a Sunset Liquor of Lakewood, 9151 W. Colfax Ave. Ms. Roth stated that the licensee had been before the Liquor Licensing Authority last spring for a failure to pay sales tax violation. Ms. Roth stated that this was a complaint for a nonrenewal, based on the licensee's failure to file and pay his sales tax returns for November 2007, December 2007, January 2008 and February 2008. Ms. Roth stated that the licensee owed outstanding interest for two of the sales tax periods in 2007 and the periods in 2008 had not been filed.
Mr. Wisneski made a motion to serve a notice of hearing and order to show cause why the Retail Liquor License held by Martoo Corp., Inc., d/b/a Sunset Liquor of Lakewood, 9151 W. Colfax Ave, should not be suspended or revoked, such hearing to be held on May 8, 2008. The motion was seconded and with all members of the Liquor Licensing Authority present voting aye, THE MOTION CARRIED.
Ms. Roth stated the third complaint was against Nite Owl Sports Bar and Grill, Inc., d/b/a Nite Own Sports Bar and Grill, 1050 S. Wadsworth Blvd., Unit T, for alleged nonpayment of taxes.
Mr. Muniz made a motion to serve a notice of hearing and order to show cause why the Hotel and Restaurant Liquor License held by Nite Owl Sports Bar and Grill, Inc., d/b/a Nite Own Sports Bar and Grill, 1050 S. Wadsworth Blvd., Unit T, should not be suspended or revoked, such hearing to be held on May 8, 2008. The motion was seconded and with all members of the Liquor Licensing Authority present voting aye, THE MOTION CARRIED.
Ms. Roth stated the fourth complaint was against CL Enterprises, LLC, d/b/a
Club Fantasy, 5255 West 6th Ave., for an alleged violation of Conduct of Establishment.
Mr. Wisneski made a motion to serve a notice of hearing and order to show cause
why the Tavern Liquor License held by CL Enterprises, LLC, d/b/a Club Fantasy,
5255 West 6th Ave., should not be suspended or revoked, such hearing to be held
on May 8, 2008. The motion was seconded and with all members of the Liquor Licensing
Authority present voting aye, THE MOTION CARRIED.
Ms. Roth stated the fifth complaint was against County Cork Bar & Lounge, Inc., d/b/a County Cork Bar, 11810 W. Colfax Ave. for the alleged violation of Conduct of Establishment.
Mr. Muniz made a motion to serve a notice of hearing and order to show cause why the Tavern Liquor License held by County Cork Bar & Lounge, Inc., d/b/a County Cork Bar, 11810 W. Colfax Ave., should not be suspended or revoked, such hearing to be held on May 8, 2008. The motion was seconded and with all members of the Liquor Licensing Authority present voting aye, THE MOTION CARRIED.
ITEM 11 - ADJOURNMENT
There being no further business to come before the Authority, Chairwoman Hansson adjourned the meeting at 7:23 p.m.
Joyce Wamboldt, Liquor Licensing Specialist
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