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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
Eugene O'Malley
Albert Williams
Stanley Wisneski
Absent: Larry Muniz
Michael O'Neill
Also present: Jennifer Roth, Chief Municipal Prosecutor
ITEM 3 - APPROVAL OF MINUTES
Regular Meeting March 27, 2008
Mr. Williams made a motion to accept the Liquor Licensing Authority meeting
minutes of March 27, 2008. The motion was seconded. Vote: 5 Ayes 0 Nays. THE
MOTION CARRIED.
ITEM 4 - NEW APPLICATION
Retail Liquor License
GOPI Enterprises, Inc.
d/b/a SAI Liquors
5066 S. Wadsworth Blvd., #117
Casey Paison, Registration No. 22003, stated that he was representing the applicant. Mr. Paison stated that he had a dozen letters that he would like to admit into the record as proof that the neighborhood was in support of granting the liquor license. The letters were marked as Exhibit A and entered into the record.
Angie Cummings, 5066 S. Wadsworth Blvd., Littleton, CO 80127, was sworn in and stated that her business is located two doors from the applicant's location in the Marston Park Shopping Center. Ms. Cummings was in favor of the applicant's liquor license being approved.
Max Scott, 1216 Tipperary St., Unincorporated Boulder County, was sworn in and stated that he is one of the owners of Oedipus, Inc. Mr. Scott stated the procedures used to do the petitions and explained the results of the survey.
Mr. Paison asked that Mr. Scott's Summary Report be admitted into the record. The Summary Report was marked as Exhibit B and entered into the record.
There was a question and answer period between the Liquor Licensing Authority and Mr. Scott.
Gopal Sachanandani, 6023 S. Kittridge Ct., Aurora, CO 80016, was sworn in and stated that he was representing GOPI Enterprises, Inc. Mr. Sachanandani stated his experience in the liquor industry and the research he had done regarding operating a retail liquor store. Mr. Sachanandani stated that he had taken the TIPS training class.
Mr. Paison presented a copy of the TIPS training certificate that Mr. Sachanandani received and asked that it be admitted into the record. The certificate was marked as Exhibit C and entered into the record.
Gopal Sachanandani stated he knew the signs of intoxication and that he knew the acceptable forms of I.D. for the sale of alcohol.
There was a question and answer period between the Liquor Licensing Authority and Mr. Sachanandani.
Mr. Wisneski moved to approve the application for a Retail Liquor License for GOPI Enterprises, Inc., d/b/a SAI Liquors, located at 5066 S. Wadsworth Blvd., Unit 117, contingent upon a positive recommendation from the Lakewood Police Department. The motion was seconded. Vote: 5 Ayes 0 Nays. THE MOTION CARRIED.
ITEM 5 - MODIFICATION OF PREMISES
Tavern License
SFH Enterprises, LLC
d/b/a Cleopatras
6045 W. Alameda Ave., #104
Sam Hussari, 1043 W. Dartmouth Ave., Lakewood, CO 80227, was sworn in and stated his plans for the modification. Mr. Hussari stated the procedures used to do the petitioning.
There was a question and answer period between the Liquor Licensing Authority and Mr. Hussari.
Mr. O'Malley made a motion to approve the modification of premises for SFH
Enterprises, LLC, d/b/a Cleopatras. The motion was seconded. Vote: 5 Ayes 0
Nays. THE MOTION CARRIED.
ITEM 6 - SHOW CAUSE HEARING (Continued from 2/28/08)
Tavern License
El Torito Bar & Grill, LLC
d/b/a El Torito Bar & Grill
999 Sheridan Blvd.
Thomas Dunn, Registration No. 9395, stated he was representing the owner of the tavern, Manuel Ibarra.
Ms. Roth stated that she had spoken with Mr. Dunn and had come to an agreement. Ms. Roth stated that Mr. Dunn's client would admit to violations #3 and #4 in the complaint except they would not admit that the females that were found in the bar were employees of the tavern. Ms. Roth stated that, based on conflicting evidence, the City would not go forward as to whether the females were employees of the tavern. Ms. Roth stated that she would move to withdraw violation #2 in the complaint. Ms. Roth stated this was a first offense for the licensee and that she was recommending a ten-day suspension with five days held in abeyance for one year.
Mr. Wisneski made a motion to approve the stipulation between the Chief Municipal Prosecutor and El Torito Bar & Grill, LLC, d/b/a El Torito Bar & Grill, located at 999 Sheridan Blvd. The motion was seconded. Vote: 5 Ayes 0 Nays. THE MOTION CARRIED.
Mr. Dunn stated that his client was admitting to the violation in relation to the events that took place on October 14, 2007 and the events that took place on January 6, 2008 but that his client was not admitting to the females being employees. Mr. Dunn stated that his client was requesting to pay a fine in lieu of a suspension, subject to the Authority's approval. Mr. Dunn stated that his client knew how serious the incidents were and how important it was to abide by the liquor laws. Mr. Dunn explained the layout of the establishment and the security that the applicant provided. Mr. Dunn stated the steps that have been taken to insure these incidents do not happen again.
There was a question and answer period between the Liquor Licensing Authority and Mr. Dunn.
Mr. Wisneski made a motion that the following penalty be imposed upon El Torito Bar & Grill, LLC, d/b/a El Torito Bar & Grill. 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 April 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 April 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. April 25, 2008 and end on April 30, 2008 at 7:00 a.m. The motion was seconded. Vote: 5 Ayes and 0 Nays. THE MOTION CARRIED.
Mr. Williams made a motion that El Torito Bar & Grill, LLC, d/b/a El Torito
Bar & Grill, be permitted to pay a fine in lieu of five days actual suspension
imposed. The motion was seconded. Vote: 5 Ayes and 0 Nays. THE MOTION CARRIED.
ITEM 7 - SHOW CAUSE HEARING (Continued from April 10, 2008)
Retail Liquor License
Mile High Wine & Spirits, LLC
d/b/a Mile High Wine and Spirits
435 S. Vance St.
Ms. Wamboldt stated that the licensee's attorney requested another continuance
because he had been out of town and had not had a chance to speak to his client
or talk to the police regarding the incident. 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 May 22, 2008.
ITEM 8 - GENERAL BUSINESS
A. Ms. Roth stated that a complaint had been issued for County Cork Bar &
Lounge and that the Show Cause Hearing was scheduled for May 8, 2008. Ms. Roth
stated that she was withdrawing the complaint because the incident happened
last December of 2007 and in February of 2008, a temporary license was granted
to a new licensee for that establishment. Ms. Roth stated that she had not realized
that a temporary permit had been issued when she asked for the complaint to
be brought forward. Ms. Roth stated that it was not fair to bring a complaint
forward against the new licensee for a violation that occurred prior to the
new licensee taking over the establishment. Ms. Roth asked that the complaint
be withdrawn.
Mr. Wisneski made a motion to withdraw the complaint for Conduct of Establishment based upon the information provided to the Liquor Licensing Authority by the City. Motion was seconded. Vote: 5 Ayes and 0 Nays. THE MOTION CARRIED.
B. Ms. Roth stated that there was also a hearing set for Sunset Liquor of Lakewood for May 8, 2008. Ms. Roth stated that Sunset Liquor of Lakewood had been before the Liquor Licensing Authority last spring on the same violation, failure to pay sales tax. Ms. Roth stated that she had been in contact with Mr. Nieto, who is the owner of Sunset Liquor, and that she thought they would be coming to an agreement. Ms. Roth stated that Mr. Nieto will be selling his establishment and, at the hearing, she would be bringing forward a stipulation regarding the sale of the establishment.
C. Ms. Roth stated there were five complaints being brought forward for motions to show cause.
The first complaint was for Frontier Inn, Inc., d/b/a Frontier Inn, 1195 S. Sheridan Blvd., for an alleged violation of Conduct of Establishment.
Mr. Williams made a motion to serve a notice of hearing and order to show cause why the Tavern License held by Frontier Inn, Inc., d/b/a Frontier Inn, 1195 S. Sheridan Blvd., should not be suspended or revoked, such hearing to be held on May 22, 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 BKM Investments, Inc., d/b/a Hart's Corner Bar, 5201 W. Mississippi 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 License held by BKM Investments, Inc., d/b/a Hart's Corner Bar, 5201 W. Mississippi Ave., should not be suspended or revoked, such hearing to be held on May 22, 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 Prisha, Inc., d/b/a Giant Discount Liquors, 1000 S. Wadsworth Blvd., for an alleged violation of Sale to a Minor.
Mr. Danahey made a motion to serve a notice of hearing and order to show cause why the Retail Liquor License held by Prisha, Inc., d/b/a Giant Discount Liquors, 1000 S. Wadsworth Blvd., should not be suspended or revoked, such hearing to be held on May 22, 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 M R Mader Enterprise, LLC
d/b/a Ironworks Brewery & Pub, 12354 W. Alameda Pkwy., for an alleged violation
of Sale to a Minor.
Mr. Wisneski made a motion to serve a notice of hearing and order to show cause
why the Brew Pub License held by M R Mader Enterprise, LLC d/b/a Ironworks Brewery
& Pub, 12354 W. Alameda Pkwy., 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 Pinnacle Food & Beverage Group, d/b/a Lakewood Wingstop, 1057 S. Wadsworth Blvd., for an alleged violation of Sale to a Minor.
Mr. Williams made a motion to serve a notice of hearing and order to show cause why the Hotel & Restaurant Liquor License held by Pinnacle Food & Beverage Group, d/b/a Lakewood Wingstop, 1057 S. Wadsworth Blvd., should not be suspended or revoked, such hearing to be held on May 22, 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 8:20 p.m.
Joyce Wamboldt, Liquor Licensing Specialist
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