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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 (Continued from July 24, 2008)
3.2% Off Premises Fermented Malt Beverage License
Valero Diamond Metro, Inc.
d/b/a Diamond Shamrock #1118
1890 Wadsworth Blvd.
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 the licensee had not had a violation at this location since the year 2002 and that she would recommend a ten-day suspension with five days held in abeyance for one year. Ms. Roth stated that the licensee was asking to pay a fine in lieu of suspension.
Adam Stapen, Registration No. 27506, stated he was the attorney representing the licensee. Mr. Stapen stated that the licensee was admitting to the violation. Mr. Stapen stated that the licensee has very extensive alcohol training policies and procedures in place to prevent the sale to minors. Mr. Stapen stated the policies and procedures. Mr. Stapen stated that the salesclerk bypassed the verification system and was fired immediately.
Claire Scavello, 16859 Weld County Road No. 4, Brighton, CO 80603, was sworn in and stated that she is the area manager for Valero Diamond Metro, Inc. Ms. Scavello stated that the salesclerk stated that he was busy and made a mistake.
There was a question and answer period between Mr. Miller and Mr. Stapen.
Mr. Miller found that the violation that was alleged in the complaint had occurred.
Mr. Miller stated that the following penalty be imposed upon Valero Diamond
Metro, Inc., d/b/a Diamond Shamrock #1118. 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 August 14, 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 August 14, 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. August 15, 2008 and end on
August 20, 2008 at 5:00 a.m. Mr. Miller found that Valero Diamond Metro, Inc.,
d/b/a Diamond Shamrock #1118 be permitted to pay a fine in lieu of five days
actual suspension imposed.
ITEM 3 - SHOW CAUSE HEARING
Hotel & Restaurant License
Garden Gourmet, Inc.
d/b/a Chinese Gourmet II
1545 Quail St., #1
Ms. Roth, Chief Municipal Prosecutor, stated the violation, sale to a minor, was due to a compliance check on June 25, 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 wanted to serve the five-day suspension rather than pay a fine in lieu of suspension.
Chun Yean Leu, 27 McIntyre Circle, Golden, CO 80401, was sworn in and stated she is the owner of Chinese Gourmet II. Ms. Leu stated that she was admitting to the violation. Ms. Leu stated the circumstances surrounding the sale to the minor.
Mr. Miller found that the violation that was alleged in the complaint had occurred. Mr. Miller stated that the following penalty be imposed upon Garden Gourmet, Inc., d/b/a Chinese Gourmet II. 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 August 14, 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 August 14, 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. August 18, 2008 and end on August 23, 2008 at 7:00 a.m.
ITEM 4 - SHOW CAUSE HEARING
Retail Liquor License
Happy Hour Liquors, LLC
d/b/a Happy Hour Liquors
305 S. Kipling St., #F
Huong Tina Nguyen, 9620 S. Field Way, Littleton, CO 80127, was sworn in and
stated she is the owner of Happy Hour Liquors.
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 wanted to
serve the five-day suspension rather than pay a fine in lieu of suspension.
Ms. Nguyen stated that she was admitting to the violation. Ms. Nguyen stated
the circumstances surrounding the sale to the minor. Ms. Nguyen stated that
she would like to give their employees some notice regarding the suspension
and asked that the suspension start on August 25, 2008.
Mr. Miller found that the violation that was alleged in the complaint had occurred.
Mr. Miller stated that the following penalty be imposed upon Happy Hour Liquors,
LLC, d/b/a Happy Hour 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
August 14, 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 August 14, 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 8:00 a.m. August 25, 2008 and end on
August 30, 2008 at 8:00 a.m.
ITEM 5 - SHOW CAUSE HEARING
3.2% Off Premises Fermented Malt Beverage License
Safeway Store Forty Five, Inc.
d/b/a Safeway Store #2342
11088 W. Jewell Ave.
Steve Lee, Registration No. 10969, stated that he was the attorney representing the licensee.
Heather Lovato, 2155 Coach House Loop, Castle Rock, CO 80109, was sworn in and stated she is the manager of Safeway Store #2342.
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 there had not been a violation at this store since the year 2003 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. Lee stated that the licensee was admitting to the violation. Mr. Lee stated that the employee who sold the alcohol to the minor was no longer working for Safeway. Mr. Lee stated that Safeway has very extensive alcohol training policies and procedures. Mr. Lee stated that the employee chose to override the verification system.
Ms. Lovato stated that she has trained all of the employees that they cannot override the system. Ms. Lovato stated that they would no longer sell alcohol to anyone without a driver's license, no matter how old. Ms. Lovato stated the training procedures that Safeway has in place.
Mr. Miller found that the violation that was alleged in the complaint had occurred. Mr. Miller stated that the following penalty be imposed upon Safeway Store Forty Five, Inc., d/b/a Safeway Store #2342. 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 August 14, 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 August 14, 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. August 15, 2008 and end on August 20, 2008 at 5:00 a.m. Mr. Miller found that Safeway Store Forty Five, Inc., d/b/a Safeway Store #2342 be permitted to pay a fine in lieu of five days actual suspension imposed.
ITEM 6 - SHOW CAUSE HEARING
3.2% Off Premises Fermented Malt Beverage License
7-Eleven, Inc.
d/b/a Seven Eleven #22063
11599 W. Colfax Ave.
Kevin Coates, Registration No. 25995, stated that he was the attorney representing the licensee. Mr. Coates stated that Mr. Mussa, the manager of the store, and Mr. Knestis, Field Consultant for 7-Eleven, Inc., were present to answer questions.
John Knestis, 776 S. Miller St., Lakewood, CO 80226, was sworn in.
Abrahim Mussa, 295 Quari St., Aurora, CO 80011, was sworn in.
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 there had not been a violation at this store since the year 2003 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 the employee who sold the alcohol to the minor was terminated. Mr. Coates stated that 7-Eleven had instituted a policy that an I.D. cannot be visually checked; it must be entered into their system for verification. Mr. Coates stated that the licensee was admitting to the violation.
Mr. Knestis stated the changes that 7-Eleven, Inc. had made to prevent the sale of alcohol to minors. Mr. Knestis stated the company's internal processes and alcohol training procedures.
Mr. Mussa did not wish to speak.
Mr. Miller found that the violation that was alleged in the complaint had occurred. Mr. Miller stated that the following penalty be imposed upon 7-Eleven, Inc., d/b/a Seven Eleven #22063. 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 August 14, 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 August 14, 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. August 15, 2008 and end on August 20, 2008 at 5:00 a.m. Mr. Miller found that 7-Eleven, Inc., d/b/a Seven Eleven #22063 be permitted to pay a fine in lieu of five days actual suspension imposed.
ITEM 7 - SHOW CAUSE HEARING
Retail Liquor License
SNT, LLC
d/b/a Willows Liquor
10815 W. Jewell Ave., #B
Stuart Hoover, 5340 E. Mansfield Ave., Denver, CO 80237, was sworn in and stated that he is the owner of Willows Liquor.
Patti Baseflug, 10550 W. Jewell Ave, #202, Lakewood, CO 80232, was sworn in and stated she is the Operations Manager of Willows Liquor.
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.
Mr. Hoover stated that the employee who sold to the minor was a part-time employee. Mr. Hoover explained the circumstances surrounding the sale to the minor.
Mr. Miller found that the violation that was alleged in the complaint had occurred.
Mr. Miller stated that the following penalty be imposed upon SNT, LLC, d/b/a
Willows Liquor. 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 August 14, 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 August 14, 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 8:00 a.m. August 18, 2008 and end on August
23, 2008 at 8:00 a.m. Mr. Miller found that SNT, LLC, d/b/a Willows Liquor be
permitted to pay a fine in lieu of five days actual suspension imposed.
ITEM 8 - SHOW CAUSE HEARING
Tavern License
Armoni's, LLC
d/b/a Armoni's
7576 W. Jewell Ave.
Ms. Wamboldt stated that the licensee had requested a continuance. Ms. Wamboldt stated that the licensee had just retained an attorney and the attorney needed time to prepare for the hearing. Ms. Wamboldt stated she had administratively continued the hearing to September 11, 2008.
Ms. Roth stated that she was amending the original complaint for Armoni's. Ms. Roth stated that she was adding two more incidents that had occurred since the original complaint was brought forward. Ms. Roth stated that one of the incidents occurred on August 2, 2008 and the other occurred on August 10, 2008. Ms. Roth stated the circumstances surrounding the two new incidents. Ms. Roth stated that she had spoken to the licensee and his attorney and that they were aware that she was adding the two incidents to the complaint.
Mr. Miller found there was probable cause to believe that the two violations of the Colorado and/or Lakewood codes had occurred and approved the amended complaint. Mr. Miller directed the City of Lakewood 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 September 11, 2008.
ITEM 9 - GENERAL BUSINESS
There was no general business to be discussed.
ITEM 10 - ADJOURNMENT
There being no further business to come before the Authority, Richard Miller
adjourned the meeting at 3:06 p.m.
Richard Miller, Hearing Officer, Lakewood Liquor and Fermented Malt Beverage Licensing Authority
Joyce Wamboldt, Liquor Licensing Specialist
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