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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 2:05 p.m.
ITEM 2 - SHOW CAUSE HEARING
Hotel & Restaurant License
Lone Star Steakhouse & Saloon of Colorado, Inc.
d/b/a Lone Star Steakhouse & Saloon
11905 West 6th Avenue
Robert Dill, Registration No. 5725, stated that he was representing Lone Star Steakhouse Saloon of Colorado, Inc.
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.
Angela Hardy, 4601 S. Balsam Way, #731, Littleton, CO 80123, was sworn in and stated that she was the registered manager of the restaurant. Ms. Hardy admitted to the violation and stated the circumstances surrounding the sale to the minor. Ms. Hardy stated that the employee who served the minor had been terminated. Ms. Hardy stated the procedures the company has taken to prevent further sales to minors.
Ms. Hardy gave Mr. Miller a copy of the company's polices and procedures regarding
the sale of alcohol.
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 Lone Star Steakhouse
& Saloon of Colorado, Inc., d/b/a Lone Star Steakhouse & Saloon. 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 September 11, 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 September 11, 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.
September 12, 2008 and end on September 17, 2008 at 7:00 a.m. Mr. Miller found
that Lone Star Steakhouse & Saloon of Colorado, Inc., d/b/a Lone Star Steakhouse
& Saloon, be permitted to pay a fine in lieu of five days actual suspension
imposed.
Ms. Greer, Lakewood City Clerk, stated that Ms. Roth was ill and was attempting to get the Deputy City Attorney, Paul Kennebeck, to take her place for the remainder of the meeting. Ms. Greer stated that Mr. Kennebeck would be present in just a few minutes.
The Liquor Licensing Authority took a recess at 2:12 p.m. The meeting resumed
at 2:14 p.m. after Mr. Kennebeck arrived.
ITEM 3 - SHOW CAUSE HEARING
Hotel & Restaurant License
McGrath's Publick Fish House, Inc.
d/b/a McGrath's Fish House
14035 West Colfax Avenue
Mr. Kennebeck, Deputy City Attorney, stated the violation, sale to a minor, was due to a compliance check on June 25, 2008. Mr. Kennebeck stated that Ms. Roth had reached an agreement with the licensee and that the licensee would admit to the violation. Mr. Kennebeck stated that this was their first offense and that Ms. Roth was recommending a ten-day suspension with five days held in abeyance for one year. Mr. Kennebeck stated that the licensee was asking to pay a fine in lieu of suspension.
James Marshall, 1218 Park Meadow Drive NE, Keizer, Oregon, 97303, was sworn in and stated that he was the representative for McGrath's Publick Fish House, Inc. Mr. Marshall stated the circumstances surrounding the sale to the minor and that the employee was immediately terminated. Mr. Marshall described McGrath's training program.
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 McGrath's Publick Fish House, Inc., d/b/a McGrath's Fish House. 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 September 11, 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 September 11, 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. September 12, 2008 and end on September 17, 2008 at 7:00 a.m. Mr. Miller found that McGrath's Publick Fish House, Inc., d/b/a McGrath's Fish House, be permitted to pay a fine in lieu of five days actual suspension imposed.
ITEM 4 - SHOW CAUSE HEARING
Hotel & Restaurant License
Moose Hill Cantina, Inc.
d/b/a Moose Hill Cantina
11911 West Colfax Avenue
Beverly Belt-Janssen, 11911 W. Colfax Ave., Lakewood, CO 80215, was sworn in.
Edwyn M. Janssen, 11911 W. Colfax Ave., Lakewood, CO 80215, was sworn in and stated he is the secretary and treasurer of Moose Hill Cantina, Inc. and that his wife, Beverly Janssen, is the President and Vice President.
Mr. Kennebeck, Deputy City Attorney, stated the violation, sale to a minor, was due to a compliance check on June 25, 2008. Mr. Kennebeck stated that Ms. Roth had reached an agreement with the licensee and that the licensee would admit to the violation. Mr. Kennebeck stated that this was their first offense and that Ms. Roth was recommending a ten-day suspension with five days held in abeyance for one year. Mr. Kennebeck stated that the licensee was asking to pay a fine in lieu of suspension.
Ms. Janssen stated that she was the person who served the minor and stated the circumstances surrounding the incident. Ms. Janssen stated their alcohol policies and the changes they have made since the violation. Ms. Janssen stated that all their employees have taken the Alcohol Awareness Class.
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 Moose Hill Cantina, Inc., d/b/a Moose Hill Cantina. 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 September 11, 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 September 11, 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. September 12, 2008 and end on September 16, 2008 at 7:00 a.m. Mr. Miller found that Moose Hill Cantina, Inc., d/b/a Moose Hill Cantina, be permitted to pay a fine in lieu of five days actual suspension imposed.
ITEM 5 - SHOW CAUSE HEARING
Hotel & Restaurant License
Brinker Restaurant Corporation
d/b/a On the Border Mexican Café
14255 West Colfax Avenue
Robert Dill, Registration No. 5725, stated that he was the attorney representing Brinker Restaurant Corporation.
Edward Lucas, 10036 S. Hughes Pl., Highlands Ranch, CO 80126, was sworn in and stated that he is the manager of the restaurant. Mr. Lucas stated that the violation, sale to a minor, did occur on June 25, 2008. Mr. Lucas stated the circumstances surrounding the sale to the minor and that the employee who served the minor was terminated immediately. Mr. Lucas stated the corporation's alcohol training program and policies. Mr. Lucas stated the changes that have been made to the program since the violation occurred.
Mr. Miller found that the violation that was alleged in the complaint had occurred and the following penalty be imposed upon Brinker Restaurant Corporation, d/b/a On the Border Mexican Café. 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 September 11, 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 September 11, 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. September 12, 2008 and end on September 17, 2008 at 7:00 a.m. Mr. Miller found that Brinker Restaurant Corporation, d/b/a On the Border Mexican Café, be permitted to pay a fine in lieu of five days actual suspension imposed.
ITEM 6 - SHOW CAUSE HEARING
Hotel & Restaurant License
New Peking Restaurant, Inc.
d/b/a New Peking Restaurant
12601 West Alameda Parkway
Mr. Kennebeck, Deputy City Attorney, stated the violation, sale to a minor, was due to a compliance check on June 25, 2008. Mr. Kennebeck stated that Ms. Roth had reached an agreement with the licensee and that the licensee would admit to the violation. Mr. Kennebeck stated that this was their first offense and that Ms. Roth was recommending a ten-day suspension with five days held in abeyance for one year. Mr. Kennebeck stated that the licensee was asking to pay a fine in lieu of suspension.
Vey Tophu, 861 S. Arbutus St., Lakewood, CO 80228, was sworn in.
Tran Vi Tophu, 861 S. Arbutus St., Lakewood, CO 80228, was sworn in and stated
she is the owner of New Peking Restaurant. Ms. Tophu stated the circumstances
surrounding the sale to the minor.
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 New Peking Restaurant, Inc., d/b/a New Peking 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 September 11, 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 September 11, 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. September 12, 2008 and end on September 17, 2008 at 7:00 a.m. Mr. Miller found that New Peking Restaurant, Inc., d/b/a New Peking Restaurant, be permitted to pay a fine in lieu of five days actual suspension imposed.
ITEM 7 - SHOW CAUSE HEARING
Retail Liquor License
JK Liquors, Inc.
d/b/a JK Liquors
1705 Wadsworth Boulevard
Mr. Kennebeck, Deputy City Attorney, stated the violation, sale to a visibly
intoxicated person, occurred on June 6, 2008. Mr. Kennebeck stated that Ms.
Roth had reached an agreement with the licensee and that the licensee would
admit to the violation. Mr. Kennebeck stated that the licensee had not had a
violation since 2004 and that Ms. Roth was recommending a ten-day suspension
with five days held in abeyance for one year. Mr. Kennebeck stated that the
licensee was asking to pay a fine in lieu of suspension.
Charles Lee, Interpreter for the licensee, was sworn in and stated he would
be interpreting in Korean.
Stacey Yu, 3333 S. Nelson Ct., Lakewood, CO 80227, was sworn in and stated she is the owner of JK Liquors. Ms. Yu stated the circumstances surrounding the sale to the intoxicated person. 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 JK Liquors, Inc., d/b/a JK 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 September 11, 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 September 11, 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. September 12, 2008 and end on September 17, 2008 at 8:00 a.m. Mr. Miller found that JK Liquors, Inc., d/b/a JK Liquors, be permitted to pay a fine in lieu of five days actual suspension imposed.
ITEM 8 - SHOW CAUSE HEARING (Continued from 8/14/08)
Tavern License
Armoni's, LLC
d/b/a Armoni's
7576 W. Jewell Ave.
Lena Ewing, Registration No. 28627, stated that she is the attorney representing the licensee, Mr. Joe Williams. Ms. Ewing stated that she was requesting another continuance of the hearing. Ms. Ewing stated that she could attend the hearing on October 9, 2008.
Mr. Miller ordered that the complaint in the matter of the suspension or revocation of the Tavern License held by Armoni's, LLC, d/b/a Armoni's located at 7576 W. Jewell Ave., be continued to October 9, 2008 at 2:00 p.m.
ITEM 9 - GENERAL BUSINESS
Mr. Kennebeck stated there were four complaints being brought forward for motions
to show cause.
The first complaint was for BMJ, Inc., d/b/a Eck's Saloon, 9890 W. Girton Drive.
Mr. Kennebeck stated there was an incident 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 Hotel and Restaurant License held by BMJ, Inc., d/b/a Eck's Saloon, 9890 W. Girton Drive, should not be suspended or revoked, such hearing to be held on October 9, 2008.
The second complaint was for The Penalty Box, Inc., d/b/a The Penalty Box Bar and Grill, 1862 S. Wadsworth Blvd. Mr. Kennebeck stated there was an incident 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 Hotel and Restaurant License held by The Penalty Box, Inc., d/b/a The Penalty Box Bar and Grill, 1862 S. Wadsworth Blvd., should not be suspended or revoked, such hearing to be held on October 9, 2008.
The third complaint was for GPLM, Corp., d/b/a DJ Liquors, 8630 W. Colfax Ave. Mr. Kennebeck stated there was an incident in the complaint 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 GPLM, Corp., d/b/a DJ Liquors, 8630 W. Colfax Ave., should not be suspended or revoked, such hearing to be held on October 9, 2008.
The fourth complaint was for CL Enterprises, LLC., d/b/a Club Fantasy, 5255 W. 6th Ave. Mr. Kennebeck stated there was an incident 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 CL Enterprises, LLC.,
d/b/a Club Fantasy, 5255 W. 6th Ave., should not be suspended or revoked, such
hearing to be held on October 9, 2008.
Mr. Miller adjourned the meeting at 3:05 p.m. Reconvened at 3:06 p.m.
Mr. Miller stated that the Authority was back in session due to a request by the licensee, Armoni's, LLC, d/b/a Armoni's, 7578 S. Wadsworth Blvd., to continue the Show Cause Hearing to a later date than October 9, 2008. Mr. Miller stated that the licensee was requesting more time.
Mr. Miller moved that the hearing date of October 9, 2008 be stricken from the record and that the Show Cause Hearing be continued to October 23, 2008 at 2:00 p.m.
ITEM 10 - ADJOURNMENT
There being no further business to come before the Authority, Richard Miller adjourned the meeting at 3:07 p.m.
Richard Miller, Hearing Officer, Lakewood Liquor and Fermented Malt Beverage Licensing Authority
Joyce Wamboldt, Liquor Licensing Specialist
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