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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
Beer and Wine License
Xie Nien Lai, Inc.
d/b/a East Buffet
6206 W. Alameda Ave.
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 she had reached an agreement with the licensee and that the licensee would admit to the violation. 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 one year. Ms. Roth stated that the licensee was asking to pay a fine in lieu of suspension.
Esther Choi, Interpreter for the licensee, was sworn in and stated the language she would be interpreting was Mandarin Chinese.
Jian Ming Ye, 120 S. Depew St. #223, Lakewood, CO 80226, was sworn in and stated he is the owner of East Buffet. Mr. Ye stated that he was admitting to the violation.
Mr. Miller stated that he would accept the stipulation between Ms. Roth and
the licensee. Mr. Miller found that the violation that was alleged in the complaint
had occurred and the following penalty be imposed upon Xie Nien Lai, Inc., d/b/a
East Buffet. 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 28, 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 28, 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 29, 2008 and end on September
3, 2008 at 7:00 a.m. Mr. Miller found that Xie Nien Lai, Inc., d/b/a East Buffet
be permitted to pay a fine in lieu of five days actual suspension imposed.
ITEM 3 - SHOW CAUSE HEARING
Hotel & Restaurant License
Romel, Inc.
d/b/a El Meson Mexican Restaurant
1535 S. Kipling Pkwy, Unit A
Amelia Lopez, 5961 E. Monument Dr., Castle Rock, Co 80104, was sworn in and stated that she and her husband are the owners of El Meson Mexican Restaurant.
Ms. Roth stated the violation, sale to a minor, was due to a compliance check on June 25, 2008. Ms. Roth stated that she had reached an agreement with the licensee and that the licensee would admit to the violation. 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. Lopez stated that her husband was the person who sold alcohol to the minor. Ms. Lopez admitted to the violation. Ms. Lopez stated she and her husband had taken the Lakewood Alcohol Awareness Class when they first bought the business.
Mr. Miller stated that he would accept the stipulation between Ms. Roth and the licensee. Mr. Miller found that the violation that was alleged in the complaint had occurred. Mr. Miller stated that the following penalty be imposed upon Romel, Inc., d/b/a El Meson Mexican Restaurant. 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 28, 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 28, 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 29, 2008 and end on September 3, 2008 at 7:00 a.m. Mr. Miller found that Romel, Inc., d/b/a El Meson Mexican Restaurant be permitted to pay a fine in lieu of five days actual suspension imposed.
ITEM 4 - SHOW CAUSE HEARING
Hotel & Restaurant License
SGTLEO, LLC
d/b/a Gaslamp Grill
9199 W. Alameda Ave.
Ms. Roth stated that the licensee was not present at the hearing. Ms. Roth stated that the establishment had been seized by the State of Colorado due to unpaid sales taxes and that there had been no contact with the licensee. Ms. Roth stated the liquor license had not been turned over to the City. Ms. Roth stated that she was requesting a continuance to give the City time to look further into the matter.
Mr. Miller continued the hearing to September 25, 2008 at 2:00 p.m.
ITEM 5 - SHOW CAUSE HEARING
Retail Liquor License
THK Bros., LLC
d/b/a Green Mountain Liquor & Wine
12611 W. Alameda Pkwy.
Jack Hyland, Registration No. 10547, stated that he was representing THK Bros., LLC and the owner, Mr. Tae Hyun Kim.
Eunie Griffin, Interpreter for the licensee, was sworn in and stated that the language she would be interpreting was Korean.
Tae Hyun Kim, 12611 W. Alameda Pkwy. Lakewood, CO 80228, was sworn in and stated he is the owner of Green Mountain Liquor & Wine.
Ms. Roth stated the police received information that the owner had bought six bottles of alcohol at another liquor establishment and then sold it in his business on June 13, 2008. Ms. Roth stated that she had reached an agreement with the licensee and that the licensee would admit to the violation. Ms. Roth stated that Mr. Hyland had explained the circumstances to her and she was recommending an eight-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. Roth stated that the information received from the police department came from the owner and that the owner had been cooperative with the police.
Mr. Hyland stated that this was the first liquor store his client had owned. Mr. Hyland stated that, based on a recommendation from an employee, his client bought six bottles of wine from another liquor store. Mr. Hyland stated his client wanted to see if the six bottles would sell, which they did. Mr. Hyland stated that his client then properly went out and bought 400 boxes of this particular wine from a wholesaler.
Mr. Miller stated that he would accept the stipulation between Ms. Roth and
the licensee. Mr. Miller found that the violation that was alleged in the complaint
had occurred. Mr. Miller stated that the following penalty be imposed upon THK
Bros., LLC, d/b/a Green Mountain Liquor & Wine. A suspension of eight days
be imposed and that five of the days be held in abeyance for a period of one
year, commencing on August 28, 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 28, 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 29, 2008 and end on September 1, 2008 at 8:00 a.m. Mr. Miller found that
THK Bros., LLC, d/b/a Green Mountain Liquor & Wine be permitted to pay a
fine in lieu of five days actual suspension imposed.
ITEM 6 - GENERAL BUSINESS
There was no general business to be discussed.
ITEM 7 - ADJOURNMENT
There being no further business to come before the Authority, Richard Miller adjourned the meeting at 2:40 p.m.
Richard Miller, Hearing Officer, Lakewood Liquor and Fermented Malt Beverage Licensing Authority
Joyce Wamboldt, Liquor Licensing Specialist
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