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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
Hearing Officer Richard Miller called the meeting to order at 2:00 p.m.
ITEM 2 - SHOW CAUSE HEARING
3.2% Off Premises Fermented Malt Beverage License
Valero Diamond Metro, Inc.
d/b/a Diamond Shamrock #1118
1890 Wadsworth Blvd.
Ms. Greer, the Lakewood City Clerk, stated that this hearing had been administratively
continued until August 14, 2008 because the licensee's attorney had asked for
a continuance in order to prepare for the hearing.
ITEM 3 - SHOW CAUSE HEARING
Hotel & Restaurant License
HMS Host USA, LLC
d/b/a Chili's Too
14500 W. Colfax Ave., Unit 349
Kelly Pietrs, Registration No. 18666, stated that she was the attorney representing the licensee.
Ms. Roth, Chief Municipal Prosecutor, stated the violation, sale to a minor, was due to a compliance check on May 22, 2008. Ms. Roth stated that this was their first offense and that she would recommend a ten-day suspension with five days held in abeyance for a year. Ms. Roth stated that the licensee was asking to pay a fine in lieu of suspension.
Ms. Pietrs stated that the licensee was admitting to the violation. Ms. Pietrs
stated that HMS Host USA, LLC took over the Chili's Too, which was previously
owned and operated by Brinker Restaurant Corporation. Ms. Pietrs stated that
the waitress who served the minor was a holdover from Brinkers and was terminated
immediately.
Ms. Pietrs stated that HMS Host had not had time to bring Chili's Too up to
the HMS Host standards for the sale of alcohol. Ms. Pietrs stated that HMS Host
takes violations very seriously and they have had minimal violations in the
State of Colorado. Ms. Pietrs stated that since the date of the violation, at
least eighteen of their twenty-four servers had attended the ServSafe class
and the remaining six servers would be attending the Lakewood Alcohol Awareness
Class. Ms. Pietrs stated that she was asking Mr. Miller to consider a three-day
period to pay a fine in lieu of suspension and seven days held in abeyance for
one year.
Gabriel Grunspan, 173 Pima Trail, Pine, CO 80470, was sworn in and stated that he is the district manager of sixteen restaurants. Mr Grunspan stated that HMS Host took over Chili's Too on September 29, 2007. Mr. Grunspan stated their alcohol-training program. Mr. Grunspan stated that at the time of the violation, they had not yet instituted the training classes. Mr. Grunspan stated that the company takes the violation very seriously.
Mr. Miller found that the violation that was alleged in the complaint had occurred.
Mr. Miller stated that the following penalty be imposed upon HMS Host USA, LLC,
d/b/a Chili's Too. 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 July 24, 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 24, 2008, regardless of when
the hearing on such violation should be held, the five days 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. July 25, 2008 and end on July 30,
2008 at 7:00 a.m. Mr. Miller found that HMS Host, LLC, d/b/a Chili's Too be
permitted to pay a fine in lieu of five days actual suspension imposed.
ITEM 4 - SHOW CAUSE HEARING
3.2% Off Premises Fermented Malt Beverage License
Super America, LLC
d/b/a Everyday Stores
12015 W. Cedar Dr.
Diane Goldstein, Registration No. 15998, stated she was the attorney representing the licensee, Mr. Harban Lali.
Ms. Roth, stated the violation, sale to a minor, was due to a compliance check on May 22, 2008. Ms. Roth stated that this was their first offense and that she would recommend a ten-day suspension with five days held in abeyance for a year. Ms. Roth stated that the licensee was asking to pay a fine in lieu of suspension.
Ms. Goldstein stated that Mr. Harbans Lali, the CEO of Super America, LLC, terminated the employee responsible for the sale to the minor. Ms. Goldenstein stated that the employees at that location were required to take a TIPS Training Class.
Harbans Lali, 1360 W. 13th Ave., Broomfield, CO 80020, was sworn in.
Ms. Goldstein stated that Mr. Lali was admitting to the violation and was asking to pay a fine in lieu of suspension.
Mr. Miller found that the violation that was alleged in the complaint had occurred. Mr. Miller stated that the following penalty be imposed upon Super America, LLC, d/b/a Everyday Stores. 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 July 24, 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 24, 2008, regardless of when the hearing on such violation should be held, the five days held in abeyance be imposed after such hearing in addition to any other penalty. The balance of the suspension will begin at 5:00 a.m. July 25, 2008 and end on July 30, 2008 at 5:00 a.m. Mr. Miller found that Super America, LLC, d/b/a Everyday Stores be permitted to pay a fine in lieu of five days actual suspension imposed.
ITEM 5 - SHOW CAUSE HEARING
3.2% Off Premises Fermented Malt Beverage License
7-Eleven, Inc.
d/b/a Seven Eleven #17299
8390 W. 14th Ave.
Kevin Coates, Registration No. 25995, stated that he was the attorney representing the licensee.
Ms. Roth, stated the violation, sale to a minor, was due to a compliance check on May 22, 2008. Ms. Roth stated that this was their first offense and that she would recommend a ten-day suspension with five days held in abeyance for a year. Ms. Roth stated that the licensee was asking to pay a fine in lieu of suspension.
Mr. Coates stated that the licensee agreed to the stipulation.
Mr. Miller found that the violation that was alleged in the complaint had occurred.
Mr. Coates stated that the employee who made the sale was terminated. Mr. Coates stated that the employee had been trained in the sale of alcohol. Mr. Coates stated the circumstances of the sale to the minor. Mr. Coates stated the improvements that 7-Eleven, Inc. had made to their training program.
Ms. Roth stated that she had misspoken earlier and that this Seven Eleven store had a violation on January 12, 2006 but the licensee was still eligible to do a fine in lieu of suspension.
Sean Knestis, 776 S. Miller St., Lakewood, CO 80226, was sworn in and stated
he is a field consultant for 7-Eleven, Inc. Knestis stated that 7-Eleven, Inc.
would continue to train its employees. Mr. Knestis stated that the store managers
are instructed to discuss the policies for the sale of alcohol to all new sales
associates.
Mr. Miller stated that the following penalty be imposed upon 7-Eleven, Inc.,
d/b/a Seven Eleven #17299. 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 July
24, 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 24, 2008, regardless
of when the hearing on such violation should be held, the five days held in
abeyance be imposed after such hearing in addition to any other penalty. The
balance of the suspension will begin at 5:00 a.m. July 25, 2008 and end on July
30, 2008 at 5:00 a.m. Mr. Miller found that 7-Eleven, Inc., d/b/a Seven Eleven
#17299. be permitted to pay a fine in lieu of five days actual suspension imposed.
ITEM 6 - SHOW CAUSE HEARING (Continued from 6/26/08)
Tavern License
Frontier Inn, Inc.
d/b/a Frontier Tavern
1195 S. Sheridan Blvd.
Ms. Roth stated that this complaint was scheduled to go to a hearing but her witnesses could not attend today's meeting. Ms. Roth stated that this hearing had been continued twice. Ms. Roth stated that she had offered the licensee a much better stipulation than she typically would offer. Ms. Roth stated that if Mr. Linenberger admitted to the violations, then she would recommend a seven-day suspension with all seven days being held in abeyance for one year.
Carol Ortiz, 4685 S. Irving St., Englewood, CO 80110, was sworn in and stated she was the general manager of Frontier Tavern. Ms. Ortiz stated that they were admitting to two of the incidents, one being the incident on May 13, 2007 and the other being the incident on December 25, 2007. Ms. Ortiz stated they were not admitting to the incident on January 17, 2008.
James Linenberger, 14 Colorado Blvd., Denver, CO 80206, was sworn in.
Mr. Miller found that two of the violations occurred, one on May 13, 2007 and one on December 25, 2007. Mr. Miller dismissed the alleged violation that occurred on January 17, 2008.
Ms. Roth stated that on March 23, 2006, there was a hearing where Frontier Tavern received a seven-day suspension instead of nonrenewal of their liquor license. Ms. Roth stated that there were no days held in abeyance from that hearing. Ms. Roth stated that the violation was for conduct of establishment.
Ms. Ortiz stated that the employees that were involved in both incidents were terminated immediately. Ms. Ortiz stated that she became the manager on February 1, 2008 and stated the changes she had made to prevent problems and to attract patrons who do not tend to cause trouble.
Mr. Linenberger stated that he is the owner of Frontier Tavern. Mr. Linenberger stated that he is no longer physically capable of running the tavern and that is why he has hired Ms. Ortiz. Mr. Linenberger stated that Ms. Ortiz is very competent and he feels Ms. Ortiz will properly run the tavern.
Mr. Miller stated that the following penalty be imposed upon Frontier Inn,
Inc., d/b/a Frontier Tavern. A suspension of seven days be imposed and that
seven of the days be held in abeyance for a period of one year, commencing on
July 24, 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 24, 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.
ITEM 7 - GENERAL BUSINESS
ITEM 8 - ADJOURNMENT
There being no further business to come before the Authority, Richard Miller adjourned the meeting at 2:47 p.m.
Richard Miller, Hearing Officer, Lakewood Liquor and Fermented Malt Beverage Licensing Authority
Joyce Wamboldt, Liquor Licensing Specialist
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