|
|
|
 |
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
Hearing Officer Richard Miller called the meeting to order at 2:06 p.m.
ITEM 2 - MANAGER'S REGISTRATION
Hotel & Restaurant License
BEP Colorado Restaurants, LLC
d/b/a Black Eyed Pea
5260 S. Wadsworth Blvd.
Ms. Roth, Chief Municipal Prosecutor, for the City of Lakewood, stated that on Mr. Grant's application to become the manager of the Black Eyed Pea, he did not disclose all of his prior arrests. Ms. Roth stated that Mr. Grant had disclosed three prior arrests, a DWAI, a DUI, and discharging a firearm within city limits. Ms. Roth stated that based on the Lakewood Police Department investigation, Mr. Grant did not disclose previous arrests in Florida.
Charles Grant, 5260 S. Wadsworth Blvd., Lakewood, CO 80123, was sworn in and stated that he was not trying to hide his arrests but wasn't clear on what he should put on the application. Mr. Grant stated that he listed his arrests since he moved to Colorado. Mr. Grant stated that he was admitting to the fact that he did not put all of his arrests on the application. Mr. Grant stated that the arrests were part of his past and was not who he was now.
Ms. Roth gave Mr. Miller Exhibits #1, #2, #3, #4 and Exhibit #6. Ms. Roth stated that Exhibit #1 was a copy of the Background Investigation Report that Mr. Grant filled out and submitted to the City of Lakewood. Ms. Roth stated that Exhibit #2 was a copy of the Individual History Record that Mr. Grant had filled out for the State of Colorado and submitted to the City of Lakewood. Ms. Roth stated that Exhibit #3 was a copy of Mr. Grant's criminal history report that was received from the Federal Bureau of Investigation. Ms. Roth stated that Exhibit #4 was a copy of Mr. Grant's criminal history report from the Colorado Bureau of Investigation.
Ms. Roth stated that on Exhibit #1, Mr. Grant did list the three arrests, one
from the year 2003, one from 1989 and one from 2001. Ms. Roth stated that on
Exhibit #3, in addition to the three charges, Mr. Grant had five other offenses
that were not listed on the application.
Ms. Roth stated the offenses that had not been listed on the application. Ms. Roth stated that on Exhibit #2, Mr. Grant did not list all of his convictions. Ms. Roth stated that there was a DWAI in March of 2003 that was listed on his application, which was a charge that arose out of Jefferson County and was an arrest made by the Lakewood Police Department. Ms. Roth stated that during that same arrest, Mr. Grant was also charged with possession of marijuana and possession of drug paraphernalia. Ms. Roth stated that the Colorado Statutes require an establishment with a Hotel and Restaurant license to register a manager and that part of the registration is the background investigation of the manager. Ms. Roth stated that Colorado Regulation 47-310(D) states that all information submitted to any licensing authority should be given fully, faithfully, truthfully and fairly. Ms. Roth stated that the City of Lakewood form states that all arrests are to be listed and the State of Colorado form states that all convictions are to be listed and that was clearly not done. Ms. Roth stated that the City's position was that this was grounds for questioning Mr. Grant's moral character and that the City was asking that Mr. Grant be denied as manager of Black Eyed Pea.
Mr. Grant stated that he understood the position of the City and was not contesting anything that Ms. Roth had stated. Mr. Grant stated that it was just a mistake on his part to not properly fill the application out. Mr. Grant stated that he was not trying to hide anything by not listing the other charges.
There was a question and answer period between Mr. Miller and Mr. Grant regarding Mr. Grant's previous arrests.
Ms. Roth stated that Exhibit #6 was a copy of the two summonses for the arrest on March 16, 2003 by the Lakewood Police Department.
There was a question and answer period between Mr. Miller and Ms. Roth.
Ms. Roth stated that the Colorado Statutes and Regulations allowed the Liquor Licensing Authority to determine the character, record and reputation of an applicant. Ms. Roth stated that it was significant that Mr. Grant did not submit everything that was asked of him on the application. Ms. Roth stated that the City was recommending that Mr. Grant be denied as manager of the Black Eyed Pea.
Mr. Grant stated that his last violation was in 2003 and since then, he no longer drinks since that was the common denominator for all of his problems in the past. Mr. Grant stated that he went to work for Black Eyed Pea two years ago and has worked his way up to the General Manager position. Mr. Grant stated that he has been trying to improve his quality of life, work hard, keep busy and do the right thing.
Mr. Miller stated that under State Statute 12-47-411, a Hotel and Restaurant license is required to have a manager. Mr. Miller stated that under State Statute 12-47-411(11), the local licensing authority could make a determination of the applicant's character, record and reputation to assure that it was satisfactory. Mr. Miller stated that in order to make that determination, the local licensing authority accessed Mr. Grant's criminal justice records. Mr. Miller stated that under the City of Lakewood's Code 5.38.100, if an application for a manager is recommended for denial by the police department, then the matter comes before the Liquor Licensing Authority for action. Mr. Miller stated that there were two issues to this matter, one was the substantive violations themselves, which were grounds to deny the application, and the second issue was the effect of the misstatements, misrepresentations or omissions on Mr. Grant's application.
Mr. Miller stated that the violations alleged by the City had been admitted to and that there was no issue regarding the criminal history, which spreads from 1989 to 2003 with a number of violations. Mr. Miller stated they appeared to be all misdemeanors but there were a significant number of them. Mr. Miller stated that three or four of the charges involved alcohol and that the other charges were no less troubling and also suggested substance issues and temper control issues. Mr. Miller stated that the licensing authority must look at whether the individual's history discloses a potential problem that may lead to further violations after the application is approved. Mr. Miller stated that the bulk of the violations are within the last seven or eight years. Mr. Miller stated the violations were sufficient to deny Mr. Grant's application to be a manager of a liquor-licensed establishment in the City of Lakewood.
Mr. Miller stated that the application is very clear as to what the applicant is being asked to disclose. Mr. Miller stated that Mr. Grant signed the application under oath as truthful and accurate. Mr. Miller stated that this was the most serious issue. Mr. Miller stated that under Regulation 47-310, the applicant is expected to respond to those inquiries that go to character or reputation in a full, complete and truthful manner and that Mr. Grant did not do that.
Mr. Miller stated that misrepresentation of a material fact, an established criminal history record, prior violations of the alcohol beverage law, incomplete information submitted by the applicant are all factors to be considered and that the sum total of these items were a concern that disclosed a potential for further violations.
Mr. Miller found that the violations occurred and there was a substantial nondisclosure
on the documents filed by Mr. Grant to the City of Lakewood and signed by Mr.
Grant under oath. Mr. Miller denied the application.
ITEM 3 - SHOW CAUSE HEARING (Continued from May 8, 2008)
Tavern License
CL Enterprises, LLC
d/b/a Club Fantasy
5255 W. 6th Ave.
Gene Ciancio, Registration No. 2345, stated that he was the attorney representing
the licensee.
Ms. Roth stated the complaint arose from an incident that occurred on January 20, 2008. Ms. Roth stated there were two violations within the complaint, one being conduct of establishment due to a fight that occurred that night and the other was sale to a minor because an underage person had been drinking at Club Fantasy on that night. Ms. Roth stated that on October 25, 2008, a hearing was held and Club Fantasy was found to be in violation of the liquor code. Ms. Roth stated that five days were held in abeyance for one year from the date of that hearing. Ms. Roth stated she was recommending that Club Fantasy serve the five-day suspension that was held in abeyance and serve an additional five-day suspension from the current violation for a total of ten days and that seven additional days be held in abeyance for one year. Ms. Roth stated that the establishment is only open Friday through Sunday each week.
Mr. Ciancio stated that his client was admitting to the violations. Mr. Ciancio stated he would like to present some mitigating factors regarding the incident that happened on January 20, 2008. Mr. Ciancio stated that he would ask Mr. Miller to consider a penalty of less than five days suspension for this incident.
Yung Hwan Kim, 10313 E. Peakview Ave., Englewood, CO 80111, was sworn in and stated that he was the General Manager of Club Fantasy. Mr. Kim stated the steps he has taken to prevent further problems at Club Fantasy since November of 2007 and the steps he had taken since January of 2008. Mr. Kim stated that he requires his employees to take the Lakewood Alcohol Awareness class. Mr. Kim stated that he has between 40 and 50 employees and that half of his employees have taken the class. Mr. Kim stated the measures that are in place at Club Fantasy to prevent underage drinking. Mr. Kim stated that the minor's I.D. had been checked and that he later discovered that the I.D. was a fake. Mr. Kim stated the procedures used to prevent fights in the establishment.
Mr. Ciancio stated that the licensee had made a tremendous effort to prevent problems from occurring at Club Fantasy. Mr. Ciancio stated that it would be very difficult for his clients to serve more than a five-day suspension, especially if the suspension was served only on the weekends.
Ms. Roth stated that the Liquor Licensing Authority found at least eight incidents of failure to conduct the licensed premises in a decent and orderly manner at the November 2007 hearing.
There was a question and answer period between Mr. Miller and Mr. Kim.
Mr. Miller found that the violations that were alleged in the complaint had occurred. Mr. Miller stated that the following penalty be imposed upon CL Enterprises, LLC, d/b/a Club Fantasy. A suspension of twelve days be imposed and that seven of the days be held in abeyance for a period of one year, commencing on July 10, 2008, and if there are no further 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 July 10, 2008, regardless of when the hearing on such violation should be held, the seven days held in abeyance be imposed after such hearing in addition to any other penalty. The five days that were previously held in abeyance from the hearing held on October 25, 2008 will also be served for a total of ten days suspension. The ten days suspension will begin at 8:00 a.m. July 18, 2008 and end on July 28, 2008, at 8:00 a.m.
ITEM 4 - GENERAL BUSINESS
Ms. Roth stated there were eighteen complaints being brought forward for motions to show cause.
The first complaint was for Armoni's, LLC, d/b/a Armoni's, 7576 W. Jewell Ave. Ms. Roth stated there were two incidents in the complaint for alleged conduct of establishment.
Mr. Miller found there was probable cause to believe that a violation of the Colorado and/or Lakewood codes had occurred and to serve a notice of hearing and order to show cause why the Tavern License held by Armoni's, LLC, d/b/a Armoni's, 7576 W. Jewell Ave., should not be suspended or revoked, such hearing to be held on August 14, 2008.
Ms Roth stated that the next six complaints were a result of a compliance check that occurred on June 25, 2008 by the Lakewood Police Department.
The second complaint was for Garden Gourmet, Inc. d/b/a Chinese Gourmet II, 1545 Quail St., for alleged sale to a minor.
Mr. Miller found there was probable cause to believe that a violation of the Colorado and/or Lakewood codes had occurred and to serve a notice of hearing and order to show cause why the Hotel & Restaurant License held by Garden Gourmet, Inc. d/b/a Chinese Gourmet II, 1545 Quail St., should not be suspended or revoked, such hearing to be held on August 28, 2008.
The third complaint was for RLJ II-C Lakewood LS and White Lodging Services Corporation d/b/a Courtyard by Marriott, 7180 W. Hampden Ave., for alleged sale to a minor.
Mr. Miller found there was probable cause to believe that a violation of the Colorado and/or Lakewood codes had occurred and to serve a notice of hearing and order to show cause why the Hotel & Restaurant License held by RLJ II-C Lakewood LS and White Lodging Services Corporation d/b/a Courtyard by Marriott, 7180 W. Hampden Ave., should not be suspended or revoked, such hearing to be held on August 28, 2008.
The fourth complaint was for Xie Nien Lai, Inc. d/b/a East Buffet, 6206 W. Alameda Ave., for alleged sale to a minor.
Mr. Miller found there was probable cause to believe that a violation of the Colorado and/or Lakewood codes had occurred and to serve a notice of hearing and order to show cause why the Beer & Wine License held by Xie Nien Lai, Inc. d/b/a East Buffet, 6206 W. Alameda Ave., should not be suspended or revoked, such hearing to be held on August 28, 2008.
The fifth complaint was for Romel, Inc. d/b/a El Meson Mexican Restaurant, 1535 S. Kipling Pkwy., for the alleged sale to a minor.
Mr. Miller found there was probable cause to believe that a violation of the Colorado and/or Lakewood codes had occurred and to serve a notice of hearing and order to show cause why the Hotel & Restaurant License held by Romel, Inc. d/b/a El Meson Mexican Restaurant, 1535 S. Kipling Pkwy., should not be suspended or revoked, such hearing to be held on August 28, 2008.
The sixth complaint was for SGTLEO, LLC, d/b/a Gaslamp Grill, 9199 W. Alameda Ave., for the alleged sale to a minor.
Mr. Miller found there was probable cause to believe that a violation of the Colorado and/or Lakewood codes had occurred and to serve a notice of hearing and order to show cause why the Hotel & Restaurant License held by SGTLEO, LLC, d/b/a Gaslamp Grill, 9199 W. Alameda Ave., should not be suspended or revoked, such hearing to be held on August 28, 2008.
The seventh complaint was for THK, Inc., d/b/a Green Mountain Liquor & Wine, 12611 W. Alameda Pkwy. Ms. Roth stated that on June 16, 2008, the Lakewood Police Department began an investigation in response to a telephone call they received. Ms. Roth stated that the owner allegedly purchased alcohol from another retail liquor store for resale at Green Mountain Liquor & Wine.
Mr. Miller found there was probable cause to believe that a violation of the Colorado and/or Lakewood codes had occurred and to serve a notice of hearing and order to show cause why the Retail Liquor License held by THK, Inc., d/b/a Green Mountain Liquor & Wine, 12611 W. Alameda Pkwy, should not be suspended or revoked, such hearing to be held on August 28, 2008. The eighth complaint was for JK Liquors, Inc., d/b/a JK Liquors, 1705 Wadsworth Blvd. for alleged sale to an intoxicated person.
Mr. Miller found there was probable cause to believe that a violation of the Colorado and/or Lakewood codes had occurred and to serve a notice of hearing and order to show cause why the Retail Liquor License held by JK Liquors, Inc., d/b/a JK Liquors, 1705 Wadsworth Blvd., should not be suspended or revoked, such hearing to be held on September 11, 2008.
Ms. Roth stated that the next ten complaints were a result of the compliance check that occurred on June 25, 2008 by the Lakewood Police Department.
The ninth complaint was for Lone Star Steakhouse & Saloon of Colorado, Inc., d/b/a Lone Star Steakhouse & Saloon, 11905 West 6th Ave., for alleged sale to a minor.
Mr. Miller found there was probable cause to believe that a violation of the Colorado and/or Lakewood codes had occurred and to serve a notice of hearing and order to show cause why the Hotel & Restaurant License held by Lone Star Steakhouse & Saloon of Colorado, Inc., d/b/a Lone Star Steakhouse & Saloon, 11905 West 6th Ave., should not be suspended or revoked, such hearing to be held on September 11, 2008.
The tenth complaint was for McGrath's Publick Fish House, Inc., d/b/a McGrath's Fish House, 14035 W. Colfax Dr., for alleged sale to a minor.
Mr. Miller found there was probable cause to believe that a violation of the Colorado and/or Lakewood codes had occurred and to serve a notice of hearing and order to show cause why the Hotel & Restaurant License held by McGrath's Publick Fish House, Inc., d/b/a McGrath's Fish House, 14035 W. Colfax Dr., should not be suspended or revoked, such hearing to be held on September 11, 2008.
The eleventh complaint was for Moose Hill Cantina, Inc., d/b/a Moose Hill Cantina, 11911 W. Colfax Ave., for alleged sale to a minor.
Mr. Miller found there was probable cause to believe that a violation of the Colorado and/or Lakewood codes had occurred and to serve a notice of hearing and order to show cause why the Hotel & Restaurant License held by Moose Hill Cantina, Inc., d/b/a Moose Hill Cantina, 11911 W. Colfax Ave., should not be suspended or revoked, such hearing to be held on September 11, 2008.
The twelfth complaint was for New Peking Restaurant, Inc., d/b/a New Peking Restaurant, 12601 W. Alameda Pkwy., for alleged sale to a minor.
Mr. Miller found there was probable cause to believe that a violation of the Colorado and/or Lakewood codes had occurred and to serve a notice of hearing and order to show cause why the Hotel & Restaurant License held by New Peking Restaurant, Inc., d/b/a New Peking Restaurant, 12601 W. Alameda Pkwy., should not be suspended or revoked, such hearing to be held on September 11, 2008.
The thirteenth complaint was for Brinker Restaurant Corporation, d/b/a On the Border Mexican Café, 14255 W. Colfax Ave., for alleged sale to a minor.
Mr. Miller found there was probable cause to believe that a violation of the Colorado and/or Lakewood codes had occurred and to serve a notice of hearing and order to show cause why the Hotel & Restaurant License held by Brinker Restaurant Corporation, d/b/a On the Border Mexican Café, 14255 W. Colfax Ave., should not be suspended or revoked, such hearing to be held on September 11, 2008.
The fourteenth complaint was for Pei Wei Asian Diner, Inc., d/b/a Pei Wei Asian Diner, 14255 W. Colfax Dr., for alleged sale to a minor.
Mr. Miller found there was probable cause to believe that a violation of the Colorado and/or Lakewood codes had occurred and to serve a notice of hearing and order to show cause why the Hotel & Restaurant License held by Pei Wei Asian Diner, Inc., d/b/a Pei Wei Asian Diner, 14255 W. Colfax Dr., should not be suspended or revoked, such hearing to be held on September 25, 2008.
The fifteenth complaint was for PF Changs China Bistro, Inc., d/b/a PF Chang China Bistro, 7210 W. Alameda Ave., for alleged sale to a minor.
Mr. Miller found there was probable cause to believe that a violation of the Colorado and/or Lakewood codes had occurred and to serve a notice of hearing and order to show cause why the Hotel & Restaurant License held by PF Changs China Bistro, Inc., d/b/a PF Chang China Bistro, 7210 W. Alameda Ave., should not be suspended or revoked, such hearing to be held on September 25, 2008.
The sixteenth complaint was for GMRI, Inc., d/b/a Red Lobster, 810 S. Wadsworth Blvd., for alleged sale to a minor.
Mr. Miller found there was probable cause to believe that a violation of the Colorado and/or Lakewood codes had occurred and to serve a notice of hearing and order to show cause why the Hotel & Restaurant License held by GMRI, Inc., d/b/a Red Lobster, 810 S. Wadsworth Blvd., should not be suspended or revoked, such hearing to be held on September 25, 2008.
The seventeenth complaint was for Tavern on 26th Ave., Inc., d/b/a Tavern on 26th Ave., 10040 W. 26th Ave., for alleged sale to a minor.
Mr. Miller found there was probable cause to believe that a violation of the Colorado and/or Lakewood codes had occurred and to serve a notice of hearing and order to show cause why the Tavern License held by Tavern on 26th Ave., Inc., d/b/a Tavern on 26th Ave., 10040 W. 26th Ave., should not be suspended or revoked, such hearing to be held on September 25, 2008.
The eighteenth complaint was for Wasabi Sushi Bar, LLC, d/b/a Wasabi Sushi Bar, 433 S. Teller St., for alleged sale to a minor.
Mr. Miller found there was probable cause to believe that a violation of the Colorado and/or Lakewood codes had occurred and to serve a notice of hearing and order to show cause why the Hotel & Restaurant License held by Wasabi Sushi Bar, LLC, d/b/a Wasabi Sushi Bar, 433 S. Teller St., should not be suspended or revoked, such hearing to be held on September 25, 2008.
ITEM 5 - ADJOURNMENT
There being no further business to come before the Authority, Richard Miller adjourned the meeting at 3:48 p.m.
Richard Miller, Hearing Officer, Lakewood Liquor and Fermented Malt Beverage Licensing Authority
Joyce Wamboldt, Liquor Licensing Specialist
 |
||
Americans with Disability Act (ADA) Notice |
||
