Liquor and Fermented Malt Beverage Minute

MINUTES
REGULAR MEETING OF
LAKEWOOD LIQUOR AND FERMENTED MALT BEVERAGE
LICENSING AUTHORITY
May 22, 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 2 - ROLL CALL Kristina Hansson - Presiding
John Danahey
Larry Muniz
Eugene O'Malley
Stanley Wisneski

Absent: Michael O'Neill
Albert Williams

Mr. Wisneski made a motion to approve the Liquor Licensing Authority meeting minutes of April 24, 2008. The motion was seconded. Vote: 5 Ayes 0 Nays. THE MOTION CARRIED.

Tavern Liquor License
Frontier Inn, Inc.
d/b/a Frontier Tavern
1195 S. Sheridan Blvd.

Ms. Moore stated that the licensee had requested a continuance and the hearing had been continued to June 26, 2008.

ITEM 5 - SHOW CAUSE HEARING

Hotel & Restaurant License
Nite Owl Sports Bar and Grill, Inc.
d/b/a Nite Owl Sports Bar and Grill
1050 S. Wadsworth Blvd., Unit T

Ms. Roth stated that she was asking to withdraw the complaint. Ms. Roth stated that this was a sales tax violation and that the licensee came into compliance in March.

Mr. Wisneski made a motion to withdraw the complaint against Nite Owl Sports Bar and Grill, Inc., d/b/a Nite Owl Sports Bar and Grill. Vote: 5 Aye 0 Nays. THE MOTION CARRIED.

Retail Liquor License
Mile High Wine & Spirits, LLC
d/b/a Mile High Wine and Spirits
435 S. Vance St.

James Beimford, Registration No. 13142, stated that he represented Chris Giellis, one of the owners of Mile High Wine & Spirits.

Ms. Roth stated that this was a first violation for the licensee and that she was recommending a ten-day suspension with five days held in abeyance for one year and that the licensee pay a fine in lieu of the five-day suspension.

Mr. Beimford stated that his client was stipulating that there were violations and that his client would like the opportunity to present a statement in mitigation to the Authority to consider.

Mr. Muniz made a motion to approve the stipulation between the Chief Municipal Prosecutor and Mile High Wine & Spirits, LLC, d/b/a Mile High Wine and Spirits, located at 435 Vance St. The motion was seconded. Vote: 5 Ayes 0 Nays.
THE MOTION CARRIED.

Mr. Beimford stated that his client was admitting to the violations. Mr. Beimford stated that they were more trade practice violations than the typical violations usually brought before the Authority. Mr. Beimford stated that there were three separate violations, two being pretty straightforward. Mr. Beimford stated that when a liquor store does deliveries, there is a specific regulation requiring a delivery log with notations of the driver's license and the person's signature. Mr. Beimford stated that Mile High Wine & Spirits did maintain a delivery log but his client did not record driver's licenses. Mr. Beimford stated that his client and his employees did check the driver's licenses and verified that no alcohol was delivered to anyone underage but that the delivery log was not in compliance. Mr. Beimford stated that his client had taken steps to correct this mistake.

Mr. Beimford stated that when the investigators walked into Mile High Wine & Spirits, there were numerous open bottles on the premises. Mr. Beimford stated that there were allegations that there were tastings at the premises and after reading the reports, there was an interpretation that there were tastings on the premises. Mr. Beimford stated that when the investigators were in the liquor store, there were numerous opened bottles in the back and the assumption was that they were being used for in-store tastings.

Mr. Beimford stated that when the investigators inquired about the bottles, Mr Giellis admitted that one time one customer on one day had a sip of wine when a representative was doing sampling. Mr. Beimford stated that the reason the bottles were there was that liquor stores receive a lot of returned bottles for bad wine. Mr. Beimford stated that the liquor stores hold those bottles of wine for the representatives of the wholesalers to pick up and the stores get full credit for them. Mr. Beimford stated that the bottles in the overwhelming majority of these cases were actually there legitimately, waiting to be picked up by a representative. Mr. Beimford stated that within those bottles, there were a few that were samples left behind by suppliers' representatives. Mr. Beimford stated that a wholesale representative will come by with a product that they want the staff and owner to sample and technical compliance with the law is that the wholesale representative can only sample the wine while they are with the owner and staff of the store and the representative is supposed to take the open bottle with them. Mr. Beimford stated that what happens quite often is that the representatives leave the bottle behind for other staff members to try. Mr. Beimford stated that the majority of the bottles were bad bottles of wine that were there to be returned to the wholesaler. Mr. Beimford stated that there were not ongoing tastings being conducted at Mile High Wine & Spirits. Mr. Beimford asked the Authority to consider the economic factors of a start-up business. Mr. Beimford stated that this was a huge investment and the store was not at the break-even point yet. Mr. Beimford stated he had a letter from a customer that he wanted the Authority to see as well as a Profit and Loss Statement that showed the losses that the store had since January.

The letter was entered as Exhibit #1 and the Profit and Loss Statement was entered as Exhibit #2.

Mr. Giellis stated that he had not sold any alcohol to a minor and that he had passed compliance tests in the past. Mr. Giellis stated that his partner, who was in charge of the majority of the wine tastings and buying, had been alleviated from his position.

Mr. Giellis stated that he relied upon his partner, who had a tremendous amount of experience in this industry and that it, unfortunately, came back to bite him. Mr. Giellis stated that in the future, the wine tastings and buying would be under his jurisdiction. Mr. Giellis stated that none of the violations would happen again and that he had corrected the problems. Mr. Giellis stated that he would like the Liquor Authority to consider the total investment he had put into the business and into the community.

Tom Gray, 2041 S. Gray Dr., Lakewood, CO 80227, was sworn in and stated how much he liked Mile High Wine and Spirits and their employees. Mr. Gray asked the Liquor Licensing Authority to consider some leniency.

Mr. Beimford stated that he would like the Authority to consider a longer period of time to be held in abeyance and less days to pay a fine. Mr. Beimford stated that if the Authority based the fine during the Memorial Day weekend, the sales figures would be inflated and would not be an average of the store's normal sales. Mr. Beimford stated that he would like the Authority to consider establishing the time period for the fine after the holiday weekend.

Mr. Muniz made a motion that the following penalty be imposed upon Mile High Wine & Spirits, LLC, d/b/a Mile High Wine and Spirits. 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 May 27, 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 May 27, 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 8:00 a.m. May 27, 2008 and end on June 1, 2008 at 8:00 a.m. The motion was seconded. Vote: 5 Ayes and 0 Nays. THE MOTION CARRIED.

Mr. Beimford stated that his client was asking to pay a fine in lieu of suspension.

Mr. Wisneski made a motion that Mile High Wine & Spirits, LLC, d/b/a Mile High Wine and Spirits, 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.

Retail Liquor License
Prisha, Inc.
d/b/a Giant Discount Liquors
1000 S. Wadsworth Blvd., Unit C

Mr. Muniz made a motion to approve the stipulation between the Chief Municipal Prosecutor and Prisha, Inc., d/b/a Giant Discount Liquors, located at 1000 S. Wadsworth Blvd., Unit C. The motion was seconded. Vote: 5 Ayes 0 Nays. THE MOTION CARRIED.

Mr. Patel stated that he was admitting to the violation of sale to a minor. Mr. Patel stated that he had made a mistake and that he was sorry.

Mr. Wisneski made a motion that the following penalty be imposed upon Prisha, Inc., d/b/a Giant Discount Liquors. 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 May 23, 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 May 23, 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 8:00 a.m. June 23, 2008 and end on May 28, 2008 at 8:00 a.m. The motion was seconded. Vote: 5 Ayes and 0 Nays. THE MOTION CARRIED.

Mr.Muniz made a motion that Prisha, Inc., d/b/a Giant Discount Liquors, 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.

Brew Pub License
M R Mader Enterprise, LLC
d/b/a Ironworks Brewery & Pub
12354 W. Alameda Pkwy., Unit E

Mike R. Mader, 12354 W. Alameda Pkwy., Unit E, Lakewood, CO 80228, was sworn in.

Mr. Muniz made a motion to approve the stipulation between the Chief Municipal Prosecutor and M R Mader Enterprise, LLC, d/b/a Ironworks Brewery & Pub, located at 12354 W. Alameda Pkwy., Unit E. The motion was seconded. Vote: 5 Ayes 0 Nays. THE MOTION CARRIED.

Mr. Mader stated that he was admitting to the violation of sale to a minor. Mr. Mader stated that he had been in the business for 15 years and this was his first violation. Mr. Mader stated that he had a strict policy that any customer who did not look 40 years old was I.D'd. Mr. Mader stated that the employee who served the minor was suspended for two days and had to go to the Lakewood Alcohol Awareness Class.

There was a question and answer period between the Liquor Licensing Authority and Mr. Mader.

Mr. Muniz made a motion that the following penalty be imposed upon M R Mader Enterprise, LLC, d/b/a Ironworks Brewery & Pub. 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 May 23, 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 May 23, 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. May 23, 2008 and end on May 28, 2008 at 7:00 a.m. The motion was seconded. Vote: 5 Ayes and 0 Nays. THE MOTION CARRIED.

Mr. Wisneski made a motion that M R Mader Enterprise, LLC, d/b/a Ironworks Brewery & Pub, 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.

Hotel & Restaurant License
Pinnacle Food & Beverage Group
d/b/a Lakewood Wingstop
1057 S. Wadsworth Blvd.

Mr. Muniz made a motion to approve the stipulation between the Chief Municipal Prosecutor and Pinnacle Food & Beverage Group, d/b/a Lakewood Wingstop, located at 1057 S. Wadsworth Blvd. The motion was seconded. Vote: 5 Ayes 0 Nays.
THE MOTION CARRIED.

Mr. Sugrue stated that he was admitting to the violation of sale to a minor. Mr. Sugrue stated that the policy for all nine restaurants had been changed to "no I.D., no beer sales" unless someone is obviously advanced in years. Mr. Sugrue stated that a TIPS class had also been scheduled and was mandatory for all employees.

There was a question and answer period between the Liquor Licensing Authority and Mr. Sugrue.

Mr. Wisneski made a motion that the following penalty be imposed upon Pinnacle Food & Beverage Group, d/b/a Lakewood Wingstop. 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 May 23, 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 May 23, 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. May 23, 2008 and end on may 28, 2008 at 7:00 a.m. The motion was seconded. Vote: 5 Ayes and 0 Nays. THE MOTION CARRIED.

Mr. Muniz made a motion that Pinnacle Food & Beverage Group, d/b/a Lakewood Wingstop, 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.

Tavern License
BKM Investments, Inc.
d/b/a Hart's Corner Bar
5201 W. Mississippi Ave.

Ms. Roth requested a five minute break 7:50 p.m. The hearing resumed at 7:56 p.m.

Ms. Roth stated that the Liquor Licensing Authority would hear testimony from several police agents. Ms. Roth stated the first incident that would be discussed occurred on December 2, 2007. Ms. Roth stated that Lakewood police agents responded to Hart's Corner Bar at approximately 10:34 p.m. on a call regarding a fight. Ms. Roth stated that the first agent to arrive on scene observed males and females actively fighting inside the bar. Ms. Roth stated that one of the employees had been punched in the face.

Ms. Roth stated that there would be testimony stating that one of the individuals involved in the altercation was visibly intoxicated when the police were on the scene.

Ms. Roth stated that the second incident occurred on February 28, 2008. Ms. Roth stated that Lakewood police agents again responded to Hart's after a fight had occurred, where a male patron of the establishment was punched by another patron.

Ms. Roth stated that the third incident occurred on March 30, 2008 when police agents observed a male in handcuffs lying face down outside the establishment. Ms. Roth stated that the male had a laceration above his right eye and that further investigation revealed that he had received the injury while in the custody of two security guards who worked at Hart's. Ms. Roth stated that the male victim was taken to the hospital where it was determined that he had broken orbital bones. Ms. Roth stated that all of the incidents were violations of the State of Colorado Liquor Regulation 47-900, Conduct of Establishment. Ms. Roth stated that at the end of the testimony, she was asking for the Authority to find that Hart's was in violation.

Benita Miller, 6506 S. Richfield St., Aurora, CO 80016, was sworn in and stated that her contention with the violation was that the bar owner knowingly was allowing this behavior. Ms. Miller stated that she hoped to prove they were doing everything that they could to eliminate this behavior. Ms. Miller stated that Hart's Corner Bar is a well established bar in the Lakewood area. Ms. Miller stated that there was a history there that they had to learn about the hard way. Ms. Miller stated that they were not knowingly allowing this behavior to go on in their establishment and that they take their responsibility of serving alcohol very seriously. Ms. Miller stated that they had worked with the Lakewood police officers and asked their advice on what they should do and had implemented everything the officers had recommended.

Jennifer Gillespie, Lakewood Police Agent, was sworn in and in answer to Ms. Roth's questions, stated that on December 2, 2007 at approximately 10:34 p.m., she responded to Hart's Corner Bar because of a call to dispatch for a fight in progress. Agent Gillespie stated that, upon arriving on scene, she could see several males and females actively fighting inside the bar. Agent Gillespie stated that there was yelling and cursing. Agent Gillespie stated that she radioed for other units to step it up and make it a priority. Agent Gillespie stated that she went around the south side of the bar and observed two males exit the bar. Agent Gillespie stated that one of the males was jumping up and down, slamming his fist into his hands and screaming that he got that "motherf…..". Agent Gillespie stated that she identified herself as Lakewood Police and told him to stop where he was. Agent Gillespie stated that the male looked at her and stated "f… that" and started taking off toward the parking lot. Agent Gillespie stated that as the male ran through the parking lot, he was yelling, "The f…… cops are here, everybody run." Agent Gillespie continued to pursue the male and he was detained and taken into custody. Agent Gillespie stated that in speaking with him, he was very apologetic and stated that his family had gotten into a fight inside the bar. Agent Gillespie stated that the male was intoxicated. Agent Gillespie stated the training she had taken regarding detecting intoxication. Agent Gillespie stated the male admitted to drinking inside Hart's and that she observed all the signs of intoxication in the male.

Nathan Jornod, Lakewood Police Agent, was sworn in and stated that he responded to Hart's Corner Bar on December 2, 2007. Agent Jornod stated that when he arrived, he went to the front of the bar where several other agents had already arrived on scene and were in the process of detaining several people. Agent Jornod stated that he was contacted by a patron of the bar, who stated there were people inside that had been hurt. Agent Jornod went inside the bar and contacted a female in the office, who identified herself as Janice Carrithers. Agent Jornod stated that Ms. Carrithers had told him that she had been assaulted during the fight. Agent Jornod stated that Ms. Carrithers said she had been out in front of the bar talking to a friend when she observed four males and a female arguing. Agent Jornod stated that Ms. Carrithers said that she asked them to mind their own business and take it inside. Agent Jornod stated that Ms. Carrithers stated that one of the males punched her in the left eye with his right fist. Agent Jornod stated that Ms. Carrithers indicated that she was an employee of Hart's. Agent Jornod stated that her left eye appeared red just beneath her eye and appeared to be slightly swollen. Agent Jornod stated that Ms. Carrithers said that after the male punched her in the eye, a Hispanic female, wearing an orange shirt, dragged her back into the bar and threw her to the ground, where another woman stood on her throat while the woman in the orange shirt and a third woman, who she could not identify, began to kick her in her torso. Agent Jornod stated that Ms. Carrithers said that she did not know the individuals but that they had been at Hart's Corner and had been rowdy most of the evening. Agent Jornod stated that Ms. Carrithers was visibly upset and at one point grabbed a trashcan in the office and began to vomit. Agent Jornod stated that at that point, West Metro Fire Department arrived and Ms. Carrithers refused to go with West Metro.

In answer to questions from Ms. Miller, Agent Jornod stated there were several summonses issued that evening and that he did not know the results of the summonses.

Allen Ma, Lakewood Police Agent, was sworn in and in answer to questions from Ms. Roth stated that he responded to a call to Hart's Corner Bar on December 2, 2008. Agent Ma stated that one of the customers walked outside of the bar and told him that a female inside the bar had been beaten up. Agent Ma stated that he went into the bar and made contact with the owner and asked him if anyone was hurt. Agent Ma stated that the owner said that everything was ok inside the bar. Agent Ma stated he contacted Anthony Valdivia and Ms Carrithers, who were found in the office behind the kitchen. Agent Ma stated that Mr. Valdivia said that he was talking to Ms. Carrithers when two Hispanic males approached him and wanted to fight. Agent Ma stated that Mr. Valdivia said that he told them that if they wanted to fight, he would fight with them. Agent Ma stated that Mr. Valdivia said that's when they started fighting with him and beat him up. Agent Ma stated that Mr. Valdivia had a bruise on his left eye, the bridge of his nose was swollen, his mouth, nose and hands were covered with blood, but he did not see any injuries on Mr. Valdivia's hands. Agent Ma stated that Mr. Valdivia said that five to six people assaulted him but he did not know their names. Agent Ma stated that he had been trained to detect intoxication and that Mr. Valdivia appeared to be intoxicated. Agent Ma stated that the police agents did a lineup outside of the bar and Mr. Valdivia pointed to two people in the lineup that he said were part of the people who had assaulted him.

Charlee Minkan, Lakewood Police Agent, was sworn in. In answer to questions from Ms. Roth, Agt. Minkan stated that on February 28, 2008, she responded to a call regarding an assault at Hart's Corner Bar. Agent Minkan stated that she interviewed Olivia Maez, who was a waitress working behind the bar. Agent Minkan stated that Ms. Maez said that earlier that night, there were two males arguing, who were later identified as James and Joe. Agent Minkan stated that Ms. Maez said that Joe pushed James in the chest and then left the bar. Agent Minkan stated that Ms. Maez said that James stayed, finished his drink and exited the bar. Agent Minkan stated that Ms. Maez said that James came back into the bar later, walked up to a male, named Michael Lopez, and hit him with his left hand with a closed fist in the face.

In answer to questions by Ms. Miller, Agent Minkan stated that she did not know either James or Joe. Agent Minkan stated that she had been a police officer in the area for nine months.

In answer to questions by the Liquor Licensing Authority, Agent Minkan stated that she did not see either one of the men who had been fighting. Agent Minkan stated that she had only interviewed Ms. Maez.

Wendy Trentaz, Lakewood Police Agent, was sworn in. In answer to questions by Ms. Roth, Agt. Trentaz stated that she responded to Hart's Corner Bar on February 28, 2008. Agent Trentaz stated she was a crime scene investigator and was qualified to take digital photographs. Agent Trentaz stated that she was requested to respond to the scene to take photographs of a person with injuries. Agent Trentax stated that when she arrived on scene, Agent Briggazi asked her to photograph a gentleman who was in the bar. Agent Trentaz stated that she took photographs of a Michael Lopez, who was struck in the face. Agent Trentaz stated that she asked Mr. Lopez what had happened and Mr. Lopez stated that he was sitting down in the bar and some guy came up and hit him. Agent Trentaz stated that Mr. Lopez said that he did not understand why and that he did not have a chance to respond.

In answer to Ms. Roth's questions, Agent Trentaz stated that Exhibit #1 and Exhibit #3 were photographs of Michael Lopez that she had taken on February 28, 2008. Agent Trentaz stated that Exhibit #1 showed blood on the front of Mr. Lopez's shirt and a large quantity of blood on his pants. Agent Trentaz stated that Exhibit #1 showed there was swelling on the left side of Mr. Lopez's face, specifically on his left upper lip area where he had been struck. Agent Trentaz stated that Exhibit #3 was a close-up of Mr. Lopez's face and he was lifting is left upper lip to show an injury on the inside of the lip. Agent Trentaz stated that the photographs were a fair and accurate representation of the injuries that Mr. Lopez had.

Ms. Roth moved to admit City Exhibit #1 and Exhibit #3 into the record. Exhibits #1 and #3 were admitted into the record.

Ms. Hansson stated that the complaint states the incident happened on February 29, 2008 and the testimony is for February 28, 2008.

Ms. Roth stated that the reports were written after midnight and the reports have the date of February 29, 2008 but that the incident happened on February 28, 2008. Ms. Roth asked the Liquor Licensing Authority to amend the date of violation.

In answer to Ms. Miller's questions, Agent Trentaz stated that Mr. Lopez was the only gentleman she saw or talked to that night.

In answer to a question by the Liquor Licensing Authority, Agent Trentaz stated that she did smell alcohol on Mr. Lopez.

Anton Zayatz, Lakewood Police Agent, was sworn in. In answer to questions by Ms. Roth, Agt. Zayatz stated that on March 30, 2008 he did respond to Hart's Corner Bar on a call for an unwanted person. Agent Zayatz stated that when he arrived on scene, he saw Michael Nielsen, who is a security officer at Hart's Corner, and a male, Angelo Trujillo, lying facedown and handcuffed behind his back. Agent Zayatz stated that he observed a pool of blood around the head area. Agent Zayatz stated that due to the large amount of blood and that Mr. Trujillo was complaining of breathing problems because of lying face down, he rolled Mr. Trujillo on his side and noticed a large laceration above his left eye, a large amount of swelling in that area and smelled a large, heavy odor of alcohol on him. Agent Zayatz stated that Mr. Trujillo had slurred speech and had a lot of blood that had foamed around his mouth. Agent Zayatz stated that, at the point, he could not tell whether the blood was from an eye laceration or further facial injuries. Agent Zayatz stated that because of the problems with breathing, he uncuffed Mr. Trujillo. Agent Zayatz stated that Mr. Trujillo said that he had been in the bar drinking with some friends and had been in an argument with somebody that he did not know and was grabbed by Michael Nielsen and Angel Garcia, another security guard. Agent Zayatz stated that Mr. Trujillo said that he was escorted out of the bar and, as they went out of the foyer, all three parties fell to the ground and Mr. Trujillo said that he immediately felt someone striking him numerous times in the head area. Agent Zayatz stated that Mr. Trujillo said that he did not know what he was being struck with but that he was feeling a lot of pain. Agent Zayatz stated that Mr. Trujillo said that he did not remember how he got from the foyer to the parking lot.

Agent Zayatz stated that he spoke with the owner, Olin Miller, to see if there was any surveillance equipment that he could view to get a better idea of what happened. Agent Zayatz stated that, at first, Mr. Miller questioned him as to why he wanted to see it. Agent Zayatz stated that he told Mr. Miller that it would give the police an idea as to what had happened as far as the injuries to Mr. Trujillo. Agent Zayatz stated that Mr. Miller gave him permission to go into the back office area but that he did not know how to operate the equipment. Agent Zayatz stated that he observed there was no VHS tape in the recorder. Agent Zayatz stated that Mr. Miller said that Michael Nielsen came in and said they were having a problem with Mr. Trujillo and asked if he could be kicked out. Agent Zayatz stated that Mr. Miller told Mr. Nielsen that if Mr. Trujillo was causing problems, then remove him. Agent Zayatz stated that he interviewed Mr. Nielsen, who said that he went to escort Mr. Trujillo out of the bar and Mr. Trujillo had a bottle in his hand. Agent Zayatz stated that Mr. Nielsen said that he grabbed Mr. Trujillo's hand and Mr. Trujillo grabbed the bottle tighter. Agent Zayatz stated that Mr. Nielsen said that he began to escort Mr. Trujillo out of the building through the foyer with the assistance of Angel Garcia. Agent Zayatz stated that Mr. Nielsen said that while they were heading out of the doors, Mr. Trujillo started to flail his arms as if he was trying to hit them. Agent Zayatz stated that Mr. Nielsen said that he tried to put Mr. Trujillo in a twist lock and put an arm around him to try to control him and they all fell to the ground. Agent Zayatz stated that Mr. Garcia said that they all went face first to the ground and Mr. Neilsen said he never saw anyone specifically kicking or hitting Mr. Trujillo because he was trying to control Mr. Trujillo at that point. Agent Zayatz stated that Mr. Nielsen said the injuries sustained by Mr. Trujillo happened when they all fell forward and Mr. Trujillo hit his face on the concrete pad in the foyer.

Agent Zayatz stated that while he was typing his report later that night, he received a phone call from Mr. Nielsen stating that a Monica Morales could possibly give him more information on the incident. Agent Zayatz stated that he was told that Ms. Morales's boyfriend, named Danny, had seen a male named Mark Garcia kicking Mr. Trujillo in the head area. Agent Zayatz stated that he obtained Ms. Morales's phone number and gave her a phone call. Agent Zayatz stated that Ms. Morales was very reluctant to give him any information. Agent Zayatz stated that Ms. Morales is a bartender at Hart's Corner Bar. Agent Zayatz stated that Ms. Morales said that she did not see specifically what had happened that evening but that her boyfriend Danny might have more information but she would not allow Agent Zayatz to talk to him until a detective contacted her first. Agent Zayatz stated that Ms. Morales said that she felt that Mr. Nielsen and Mr. Garcia had been a little aggressive in the handling of the situation but she would not elaborate. Agent Zayatz stated that Ms. Morales said that there have been other situations that had been handled by those two security guards in an aggressive manner but would not specifically elaborate. Agent Zayatz stated that he went back to the bar on March 31st and was not able to contact anybody who had seen anything, went back again on May 1st where he contacted Kathy, who is a waitress who said she was working there that night. Agent Zayatz stated that Kathy said she did not see any specific altercation in the bar but she did see Mr. Nielsen and Mr. Garcia escorting Mr. Trujillo out of the bar. Agent Zayatz stated that Kathy said that all three men stumbled into some of the tables while exiting the doors. Agent Zayatz stated that Kathy said that she did not see anybody strike anyone at that point. Agent Zayatz stated that Kathy said that she saw a patron named Mark Garcia standing at the feet of all three individuals but could not tell if he was kicking or doing anything to the three men.

In answer to Ms. Miller's questions, Agent Zayatz stated that each situation is different and since he did not know what happened inside the bar, he could not state what would have been the best way to handle that situation. Agent Zayatz stated that in the past, his recommendation to the security guards had been that when force is needed, call the police.

In answer to the Liquor Authority's questions, Agent Zayatz stated that Mr. Trujillo was in handcuffs, facedown on the ground, and that it was the two security guards who had handcuffed Mr. Trujillo. Agent Zayatz stated that Mr. Trujillo was handcuffed behind his back. Agent Zayatz stated that he did not know at what point the security guards had handcuffed Mr. Trujillo. Agent Zayatz stated that according to Mr. Nielsen, Mr. Trujillo had not been, initially, handcuffed at the bar. Agent Zayatz stated that Mr. Trujillo was very upset, highly intoxicated and he could never give Agent Zayatz a specific reason as to why he was escorted and kicked out of the bar. Agent Zayatz stated that
Mr. Trujillo was obviously confused from the head injury and the broken orbital bones.

George Schmalhofer, Lakewood Police Agent, was sworn in and stated that he responded to Hart's Corner Bar on March 30, 2008. Agent Schmalhofer stated that when he arrived, he saw Michael Nielsen, the security officer, kneeling on the back of Angelo Trujillo. Agent Schmalhofer stated that he spoke with Angel Garcia, another security officer, who said that there was a disturbance inside the bar and he assisted Mr. Nielsen in escorting Mr. Trujillo outside. Agent Schmalhofer stated that Mr. Garcia said that there was a scuffle inside of the foyer. Agent Schmalhofer stated that Mr. Garcia said that while he and Mr. Nielsen were attempting to place handcuffs on Mr. Trujillo, he felt fear because Mr. Trujillo's arms were flailing and that they had to use two sets of handcuffs to accomplish their task of cuffing Mr. Trujillo. Agent Schmalhofer stated that he went inside and looked at the foyer and there appeared to be blood smeared on a door to the left of the foyer and blood stains on a carpeted mat. Agent Schmalhofer stated that he took a swab to the mat to confirm that the blood stains were new and they appeared to be fresh and wet.

In answer to questions from the Liquor Licensing Authority, Agent Schmalhofer stated that Mr. Trujillo appeared to be a larger man, close to 200 pounds.

Jennifer Langlais, Lakewood Police Agent, was sworn in and stated that she responded to Hart's Corner Bar on March 30, 2008. Agent Langlais stated that she spoke with a female, Ms. Antionette Guruce, who was standing and arguing with one of the security guards. Agent Langlais stated that Ms. Guruce said she was a patron of the bar and that the security guard used excessive force on the male that was lying on the ground. Agent Langlais stated that Ms. Guruce said that the male did not deserve what he got. Agent Langlais stated that Ms. Guruce said that she witnessed the bartender's request that the male be "cut off" and she saw the security guard approach him, take his beer from him and tackle him. Agent Langlais said that the security guards and the male went outside and the male was "beat-up", but she did not explain what "beat-up" exactly meant. Agent Langlais stated that Ms. Guruce did not know who the male was. Agent Langlais stated that Ms. Guruce said the security guards grabbed the beer from the male, the male took the beer back and that he seemed confused as to what was going on. Agent Langlais stated that she spoke to the bartender, Ms. Davis, and Ms. Davis said that Mr. Trujillo appeared to be starting a fight. Agent Langlais stated that Ms. Davis said that she asked security to make Mr. Trujillo leave the bar and the struggle happened. Agent Langlais stated that she spoke with a waitress, Ms. Van Fleet, who said that she saw the bartender cut Mr. Trujillo off and ask that he be escorted out of the bar. Agent Langlais stated that Ms Van Fleet said that she saw a struggle begin between Mr. Trujillo and the security guards and Mr. Trujillo fell into a table that was next to the door. Agent Langlais stated that Ms. Van Fleet said the security guards got Mr. Trujillo out of the door and she did not see anything else after that. Agent Langlais stated that after that, her sergeant requested that she take photographs of the seen and then take photographs of Mr. Trujillo at the hospital. Agent Langlais stated that she had been trained to detect intoxication and, at the hospital, Mr. Trujillo appeared to be visibly intoxicated. Agent Langlais stated the signs that she saw of intoxification.

In answer to questions from Ms. Roth, Agent Langlais stated that the photographs were of Mr. Trujillo in the hospital. Agent Langlais stated that Exhibit #4 was a photograph of the right side of Mr. Trujillo's face showing the swelling around his eye. Agent Langlais stated that Exhibit #5 was a photograph of the front view of Mr. Trujillo's face showing the injuries to his face, the scratch on his forehead, his eye and his lip. Agent Langlais stated that Exhibit #6 was a more detailed picture of Mr. Trujillo's eye with a ruler to measure the bruising and swelling around the eye. Agent Langlais stated that Exhibit #7 was a picture that showed the measurement of the scratch near the hairline on the left side of his forehead. Agent Langlais stated that Exhibit #8 was a picture of Mr. Trujillos' left ear, which had a scrape on the top. Agent Langlais stated that the exhibits were photographs she had taken of Mr. Trujillo on March 30, 2008 and that they were a fair and accurate representation of Mr. Trujillo's injuries.

Ms. Roth moved to admit City Exhibits #4, #5; #6, #7 and #8. The exhibits were admitted into the record.

In answer to questions by Ms. Roth, Agent Langlais stated that when she photographed Mr. Trujillo, he said he did not know why he was beat up by the security guards. Agent Langlais stated that Mr. Trujillo admitted to drinking and said that he had probably drank too much, but that he did not fight with anyone and he did not fight with the security guards. Agent Langlais stated that Mr. Trujillo said that he was with some friends named Steve and Joe and Joe was being rude to females and "grabby". Agent Langlais stated that Mr. Trujillo said that he told Steve that he would take care of it because Steve was getting upset and Mr. Trujillo did not want Steve and Joe to get into a fight. Agent Langlais stated that Mr. Trujillo said that the next thing he knew, Mr. Nielsen was taking his beer away from him. Agent Langlais stated that Mr. Trujillo said that he knew he was being asked to leave but he thought he could finish his beer before leaving. Agent Langlais stated that Mr. Trujillo had some broken orbital bones.

In answer to questions by Ms. Miller, Agent Langlais stated that she was not familiar with the security guards or the patrons involved in the incident.

Anita Koester, Lakewood Patrol Sergeant, was sworn in and stated that she responded to Hart's Corner Bar on March 20, 2008. Sgt. Koester stated the agents on scene called her and asked her to respond to the scene because they were concerned about the injuries that the victim sustained during the incident. Sgt. Koester stated that she spoke with Agent Zayatas, who was concerned about the significance of the injuries that Mr. Trujillo had received because they did not appear to be consistent with just falling on the ground. Sgt. Koester stated that she went into the back of the ambulance to see Mr. Trujillo and saw the injuries herself. Sgt. Koester stated that Mr. Trujillo had a significant laceration and severe swelling on his eye. Sgt. Koester stated that, at that point, she did not feel the injuries were consistent with the story of a male falling and hitting concrete. Sgt. Koester stated that a simple laceration to the forehead or some abrasions are pretty consistent with hitting concrete, but the significant swelling to the eye indicated that there was some additional fighting that had occurred. Sgt. Koester stated that she spoke with Mr. Nielsen and he told her that Mr. Trujillo was being escorted out of the bar and that he was resisting. Sgt. Koester stated that Mr. Nielsen said that they had to take him to the ground and they were trying to get him in handcuffs. Sgt. Koester stated that she asked Mr. Nielsen numerous times if anyone had punched or kicked Mr. Trujillo in the face. Sgt. Koester stated that she told Mr. Nielsen that she did not believe that the injuries were just from Mr. Trujillo falling to the ground. Sgt. Koester stated that she asked Mr. Nielsen who punched Mr. Trujillo, who kicked him, what happened and how did he get the injuries to his face. Sgt. Koester stated that Mr. Nielsen said he did not know. Sgt. Koester stated that she asked Mr. Nielsen a second time and Mr. Nielsen admitted to striking Mr. Trujillo in the leg twice in an effort to get him to go to the ground and that he was trying to get him in handcuffs. Sgt. Koester stated that she asked Mr. Nielsen again what happened to Mr. Trujillo's face and Mr. Nielsen said he did not see if Mr. Garcia had hit Mr. Trujillo with an open or closed fist. Sgt. Koester stated that Mr. Nielsen was very hesitant to provide her with any information. Sgt. Koester stated that, eventually, Mr. Nielsen said that he thought Mr. Garcia had hit Mr. Trujillo 15 or 20 times in the face. Sgt. Koester stated that she asked Mr. Nielsen why he did not stop Mr. Garcia and he said that he was just trying to get Mr. Trujillo into handcuffs and really wasn't paying attention to what was going on. Sgt. Koester stated that she spoke with Mr. Garcia and asked him what happened. Sgt. Koester stated that Mr. Garcia said that they were escorting Mr. Trujillo out of the bar and they fell on to the ground, they were fighting in the foyer and Mr. Garcia admitted that he had his ASP, a collapsible baton, out but said he did not use it because the foyer was such a small area and that he was applying a pressure point to Mr. Trujillo's jaw. Sgt. Koester stated that she asked Mr. Garcia if he saw anyone punch or kick Mr. Trujillo and Mr. Garcia said "no". Sgt. Koester stated that Mr. Garcia said he did not know what Mr. Nielsen was doing but that Mr. Nielsen also had his ASP out and it was close to Mr. Trujillo's face. Sgt. Koester stated that Mr. Garcia said that he did not know if Mr. Nielsen had actually hit Mr. Trujillo or not. Sgt. Koester stated that she spoke with Mr. Miller in his office and went there to verify that the security system was not taping or being used. Sgt. Koester stated that Mr. Miller said that he did not know how to use the system. Sgt. Koester stated that Mr. Miller said that he did not know what happened. Sgt. Koester stated that she asked Mr. Miller, that as the owner, why he was not attentive to what was going on in the bar and Mr. Miller said he pays the security guards to take care of this stuff and that he was assuming they were doing their job.

In answer to questions from the Liquor Licensing Authority, Sgt. Koester stated that the eye injury could have possibly come from a ring but that because of the amount of swelling, it appeared from her own experience to be from multiple punches or kicks. Sgt. Koester stated that there was discussion regarding the security guards being charged with excessive force. Sgt. Koester stated that both men were pointing their fingers at each other and the police department was unable to determine who, in fact, caused the injuries. Sgt. Koester stated that there was a detective who had done multiple interviews, but at this point, no one had been charged.

Olin Miller, 6506 S. Richfield St., Aurora, CO 80016, was sworn in and stated that he was present for all three incidents. Mr. Miller stated that during the first incident, he and his wife were very new owners of Hart's Corner Bar, taking over the bar on November 10, 2007. Mr. Miller stated they had never owned a bar before. Mr. Miller stated that during the first incident, Janice, their waitress, had been drinking on the job. Mr. Miller stated that the previous owners never told them of any problems at the bar and Janice started the trouble, herself, and somebody punched her. Mr. Miller stated that he heard about this afterwards and that he started hearing the truth two or three days after the incident when everyone started talking about it. Mr. Miller stated that Janice initiated the argument, herself, because she had been drinking. Mr. Miller stated that Janice spent an hour in his office vomiting into a garbage can because she was drunk. Mr. Miller stated there was a history between Janice and some of the people involved in the incident. Mr. Miller stated that Janice was supposedly fooling around with someone's husband and someone's boyfriend and that's all you need in a bar to get trouble started. Mr. Miller stated that they fired Janice immediately after the incident.

Mr. Miller stated that on the second incident, it was a very slow night and there weren't hardly any people in the bar, about a half dozen at most. Mr. Miller stated that there was an argument and he thought he had the situation under control. Mr. Miller stated that one of his employees came into his office and said some of the patrons were arguing, he went out to the bar area, the argument was ending and the guy who was arguing was a known troublemaker. Mr. Miller stated that he told the patron, who's name was Joe that it was time to leave and Joe left. Mr. Miller stated that Joe had been in a confrontation with a large black guy and the black guy stayed. Mr. Miller stated that right after Joe left, the black guy left the bar and then came back inside the bar after a couple of minutes and punched a guy in the face for no reason at all. Mr. Miller stated that the black guy then ran out of the bar, got into his SUV and took off. Mr. Miller stated he got the make, model, and license plate number and called the police and then it all comes back on him, like he did something wrong. Mr. Miller stated that things like this happen in seconds and there wasn't anything he could have done to stop it. Mr. Miller stated that he called the police and was later told that he should not have called the police and that he should have handled it himself. Mr. Miller stated that he wanted to do the right thing as an owner and he gave the police all the information. Mr. Miller stated on the third incident, he saw the whole thing and he stated that nobody beat up Mr. Trujillo. Mr. Miller stated that the testimony of all of the officers was about 98% right.

Mr. Miller stated that he was told when he hired the security guards that they had the ear of the Lakewood Police Department, that they were in good with the Lakewood Police Department, that they would handle all of his situations the right way, and he believed them. Mr. Miller stated that the security guards worked for him for six weeks before the incident happened and they were always able to handle things. Mr. Miller stated that the security guards, themselves, would call the police on a regular basis. Mr. Miller stated that when the police would come, they would stand outside and pat each other on the back and commend the security guards for how they handled the situations. Mr. Miller stated that he felt very comfortable having these security guards. Mr. Miller stated that the police told him that he had made a good choice hiring these security guards. Mr. Miller stated that these security guards were armed, which is rare. Mr. Miller stated that they hired these particular guards because the Lakewood Police Department had suggested that they hire armed security. Mr. Miller stated that they felt that if the security guards were authorized to carry firearms and they were in good with the police department, then they were certainly qualified to take care of business.

Mr. Miller stated that when the third incident happened, Mr. Trujillo was drinking and was asked to leave but he was not the person who was causing the trouble. Mr. Miller stated there were other instigators there that night that were instigating and Mr. Trujillo was the one who took the brunt of the punishment. Mr. Miller stated that it happens that way in bar situations. Mr. Miller stated there were other people there who were "egging" him on and were "stirring the pot". Mr. Miller stated that when he saw what was going on, he told Michael, the security guard, that it was time for Angelo to leave. Mr. Miller stated that Angelo was a very good customer, was never a troublemaker, was in there on a regular basis and he liked Angelo. Mr. Miller stated that Angelo was drinking and he did not want to ask him to leave because he was a good customer. Mr. Miller stated that when he did tell the security guards to ask him to leave, they walked over to Angelo and told him it was time to leave. Mr. Miller stated that Angelo reached for his beer and said that he would finish his beer before he would leave. Mr. Miller stated that's when the security guards grabbed him and started hustling Angelo out the door. Mr. Miller stated that's when they tripped and Angelo fell flat on his face and hit a table or a chair on the way down and that's how he got the eye injury. Mr. Miller stated that in the process of trying to get him out of the bar and get the handcuffs on him, it took about five minutes because Angelo was resisting and would not cooperate. Mr. Miller stated that Angelo had already smashed his face and was bleeding profusely; the security guards were on top of him trying to get Angelo's arms behind his back so they could handcuff him. During this time, this "idiot" from the bar, that did not have anything to do with the incident, went over and started twisting Angelo's ankle, like that was going to make Angelo cooperate. Mr. Miller stated that he was told that when trouble starts, to get these people out of the bar and that's all they were trying to do. Mr. Miller stated that it was very unfortunate that the gentleman was injured in that process but no one beat Angelo in any way, shape or form. Mr. Miller stated that when the police talked to him that night, the police checked the security guards' boots and their batons to see if there was any sign of blood on them and the police did not find any. Mr. Miller stated that Angelo hurt himself on the way down and the security guards fell on top of him and that's how he broke his eye socket. Mr. Miller stated that the security guards did not work for them any longer.

In answer to questions asked by the Liquor Licensing Authority, Mr. Miller stated that he was told different things by different policemen, as far as what they could do to disrupt the patrons. Mr. Miller stated that one time the police would tell them to throw them out and use physical force, if they had to. Then when they did that, they were told they had no right to do that or to assault people. Mr. Miller stated that they were between a rock and a hard place. Mr. Miller stated that the security people cost him a fortune on the weekend and he would just as soon not have them there. Mr. Miller stated that he inherited a bar with some problems and they have been trying to straighten out the problems since day one and they have made a lot of progress. Mr. Miller stated that they have not had any more incidents there since he hired the new security guards.

Mr. Miller stated that they have tried to take advice from the police, from the previous owners, and everyone had an opinion and they were all different. Mr. Miller stated that they are just trying to figure out the best way to do things. Mr. Miller stated that the security system was an archaic system. Mr. Miller stated that it is outmoded and does not even have tapes in it. Mr. Miller stated that he is not a technology type person.

Ms. Miller stated that the security system does work and does store information for 13 days. Ms. Miller stated that she knows how to work the system. Ms. Miller stated that they do not have a camera in the entryway, which was a recommendation by one of the police officers and they are going to add a camera there. Ms. Miller stated that the system was simply not pointed in an area where the police could see anything involving this incident.

Mr. Miller stated they no longer have any troublemakers there any more. Mr. Miller stated that he hired a lady as a barmaid, who has lived and worked in the neighborhood, and she has extensive knowledge of the troublemakers in the area.

Mr. Miller stated that they trust her to see trouble coming and that she has saved them a lot of problems in the last month and a half. Mr. Miller stated that he had never been to Lakewood in his life, that he had lived in Aurora for 35 years, and he did not know anything about that part of town. Mr. Miller stated that there was an element there that they did not know about. Mr. Miller stated that they bought the bar and nobody told them about all of the problems. Mr. Miller stated that some nights they don't know whether they are coming or going.

In answer to questions from the Liquor Licensing Authority, Mr. Miller stated that the instigators were asked to leave the bar. Mr. Miller stated that Mr. Trujillo is a good- natured fellow and that he did not do anything wrong, but he was drunk and belligerent. Mr. Miller stated that Mr. Trujillo was asked to leave and he would not leave. Mr. Miller stated that he wanted the Authority to tell him how to get a drunk out of a bar who does not want to leave. Mr. Miller stated that all he can do is ask them to leave and when they won't leave, they must be escorted out and that's all the security people were trying to do.

Monica Morales, 5201 W. Mississippi Ave., Lakewood, CO 80226, was sworn in and stated she works at Hart's Corner Bar. Ms. Morales stated the steps taken to eliminate some of the problems. Ms. Morales stated her experience in the liquor industry.

Ms. Morales stated that she is familiar with the crowd that frequents the bar and the employees who work at the bar. Ms. Morales stated that she witnessed the incident that happened in March and the police never came up and talked to her. Ms. Morales stated that she was the Monica referred to by the police agent. Ms. Morales stated that the gentleman who got kicked out and his friends were being very belligerent to women and she pointed them out to the bartender and to security. Ms. Morales stated that the incident got out of hand, Mr. Trujillo was resisting and the security guards were trying to get him contained and that's when they all fell in the hallway.

In answer to questions by Ms. Roth, Ms. Morales stated that she had a policeman call her but that no one approached her after the incident. Ms. Morales stated that she remembered speaking to a gentleman who he asked her for someone's phone number and she told him that she would talk to that person and get his permission to give out his phone number. Ms. Morales stated that she did not know who the person was and told him that he could call her back later and she would give him the phone number after she got permission and no one ever called her back. Ms. Morales stated that the security guards were aggressive, but Mr. Trujillo was resisting and the security guards were just trying to get him out of the bar. Ms. Morales stated that Mr. Trujillo's friends were making comments to women and not acting appropriate.

Edward Brantner, 9509 W. Coal Mine Ave., #D, Littleton, CO 80127, was sworn in and stated that he does security for Hart's Corner Bar. Mr. Brantner stated his experience doing security in that part of town. Mr. Brantner stated the procedures used to keep problems from occurring at the bar. Mr. Brantner stated that there have been no problems since he has taken over.

Mike Robinson had signed the hearing roster but did not want to speak at the hearing.

Danny Hopkins, 2376 S. Sedalia Circle, Aurora, CO 80013, was sworn in and stated that he works for a company called Cisco Foods. Mr. Hopkins stated that he has a close business relationship with Olin and Benita Miller. Mr. Hopkins stated that the Millers are trying to change the face of the bar. Mr. Hopkins stated that the Millers are trying to offer more food and try to level out the drinking patronage with the food patronage. Mr. Hopkins stated that he thinks the Millers could have a great neighborhood bar and grill rather than a great neighborhood bar. Mr. Hopkins stated that sales on food have increased tremendously since the Millers have taken over the bar. Mr. Hopkins stated that the Miller's focus is not to sell more alcohol but to become a good local neighborhood restaurant where patrons can dine and have a few drinks. Mr. Hopkins stated that Hart's Corner Bar could be a very valuable asset to the community.

Ms. Roth stated that the Authority had heard testimony of three incidents that had occurred in a four-month span at Hart's Corner Bar. Ms. Roth stated that all three of the incidents involved some sort of disturbance and injuries to people in the establishment, as well as intoxicated patrons and staff. Ms. Roth stated that she believed she had proven to the Authority that these incidents occurred. Ms. Roth stated that the licensees were not disputing these incidents but rather whether they had permitted them to occur. Ms. Roth stated case law, which specifically addressed the issue of whether a licensee permits a violation. Ms. Roth stated that the court held that the licensee did not have to have knowledge of the specific activities involved in the violation but rather that the licensee had an affirmative responsibility to see that his business was not conducted by his employees in violation of the law. Ms. Roth stated that the three incidents that occurred are all violations of Regulation 47-900, Conduct of Establishment. Ms. Roth stated that she was happy to hear that changes had been made to Hart's Corner Bar, but it did not negate the fact that the three incidents occurred.

The Liquor Licensing Authority took a short break at 9:39 p.m. and resumed again at 9:40 p.m.

Ms. Miller stated that she wanted to address some of the incidents and to point out that they are doing everything that they can to eliminate these situations. Ms. Miller stated that it was an ongoing problem in their bar and in that area. Ms. Miller stated that they are attempting to identify the people who cause fights and are consistent instigators and to eliminate them from coming into their establishment. Ms. Miller stated they were continuing to try to do that through security, using Monica Morales and their own knowledge base. Ms. Miller stated that they are trying to develop a relationship in the community. Ms. Miller stated that her husband had gone over all of the situations and that their defense was that they were unaware of the area that they were purchasing in. Ms. Miller stated that they had observed that it was a good historical bar and was an already established business, but there were some inherent problems with the bar that they have been working on. Ms. Miller stated that they have made numerous changes in the staff and in their own training. They have gone to the Lakewood Alcohol Awareness Class in 2007 and 2008. Ms. Miller stated that she and her husband were going to take a TIPS class this summer and they have worked with other people who have been in the business for years and taken their advice as to things they should do to make their business better. Ms. Miller stated that they did not knowingly allow any of these problems to happen and they are attempting to turn the bar into an establishment that they can be proud of. Ms. Miller stated that there is a reputation with the bar now that is not one that everyone is particularly proud of and they hope to change that. Ms. Miller stated that they have made great strides in the last month with the people they have on staff now.

Mr. Wisneski made a motion that there was proof that item #2 on the complaint involving the incident dated December 2, 2007 at Hart's Corner Bar had occurred and that the premises had not been run in a decent, orderly, respectable manner and in violation of Regulation 47-900(A), Conduct of Establishment. The motion was seconded. Vote: 5 Ayes 0 Nays. THE MOTION CARRIED.

Mr. Wisneski made a motion that there was proof that item #3 on the complaint involving the incident dated February 29, 2008 had occurred and that the premises had not been run in a decent, orderly, respectable manner which led to one patron being struck by another in violation of Regulation 47-900(A), Conduct of Establishment. The motion was seconded. Vote: 3 Ayes 2 Nays (Muniz and O'Malley)

Mr. Wisneski made a motion that there was proof that item #4 on the complaint involving the incident dated March 30, 2008 had occurred and that the premises had not been run in a decent, orderly, respectable manner which caused the injury of one of the patrons in violation of Regulation 47-900(A), Conduct of Establishment. The motion was seconded. Vote: 4 Ayes 1 Nay (O'Malley).

There was discussion among the members of the Liquor Licensing Authority and it was decided to treat the three incidents as a first-time offence.

Mr. Muniz made a motion that the following penalty be imposed upon BKM Investments, Inc., d/b/a Hart's Corner Bar. 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 May 27, 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 May 27, 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. May 27, 2008 and end on June 1, 2008 at 7:00 a.m. The motion was seconded. Vote: 5 Ayes and 0 Nays. THE MOTION CARRIED.

Mr. Wisneski made a motion that BKM Investments, Inc., d/b/a Hart's Corner Bar, 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.

There being no further business to come before the Authority, Chairwoman Hansson adjourned the meeting at 10:13 p.m.

This was the last meeting of the seven member Liquor Licensing Authority and, therefore, the minutes were not approved by the Authority.


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