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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 - NEW APPLICATION
Hotel & Restaurant License
Philly Girl, LLC
d/b/a Philly's Cheesesteak Grill
3333 S. Wadsworth Blvd., Unit A103
Lawrence Bigay, 7243 S. Yarrow Way, Littleton, CO 80128, was sworn in and stated that he was one of the owners of Philly Girl, LLC. Mr. Bigay stated the reasons why they wanted a liquor license.
Mr. Miller entered the applicant's petition into evidence. Mr. Miller stated that out of 102 signatures, 35 were disqualified leaving 67 signatures that were valid. Mr. Miller stated that all 67 signatures appeared to support the issuance of the license.
Mr. Miller approved the application for a Hotel & Restaurant License for
Philly Girl, LLC, d/b/a Philly's Cheesesteak Grill, located at 3333 S. Wadsworth
Blvd., Unit A103, contingent upon a positive recommendation by the Lakewood
Police Department after the background investigation has been completed.
ITEM 3 - SHOW CAUSE HEARING
Hotel & Restaurant License
Pei Wei Asian Diner, Inc.
d/b/a Pei Wei Asian Diner
14255 West Colfax Avenue
Brian Proffitt, Registration No. 31101, stated he was the attorney representing Pei Wei Asian Diner, 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.
Mr. Proffitt stated that the violation did occur. Mr. Proffitt stated the circumstances surrounding the violation and that the employee who served the alcohol to the minor was terminated. Mr. Proffitt explained the corporation's alcohol training procedures and policies.
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 Pei Wei Asian Diner, Inc., d/b/a Pei Wei Asian Diner. 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 25, 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 25, 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 26, 2008 and end on October 1, 2008 at 7:00 a.m. Mr. Miller found that Pei Wei Asian Diner, Inc., d/b/a Pei Wei Asian Diner, be permitted to pay a fine in lieu of five days actual suspension imposed.
ITEM 4 - SHOW CAUSE HEARING
Hotel & Restaurant License
PF Changs China Bistro, Inc.
d/b/a PF Chang China Bistro
7210 W. Alameda Avenue
Brian Proffitt, Registration No. 31101, stated that he was the attorney representing PF Changs China Bistro, 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.
Mr. Proffitt stated that the violation did occur. Mr. Proffitt stated the circumstances surrounding the violation and that the employee who served the alcohol to the minor was terminated. Mr. Proffitt stated the steps that have been taken to prevent further violations.
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 PF Changs China Bistro, Inc., d/b/a PF Chang China Bistro. 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 25, 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 25, 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 26, 2008 and end on October 1, 2008 at 7:00 a.m. Mr. Miller found that PF Changs China Bistro, Inc., d/b/a PF Chang China Bistro, be permitted to pay a fine in lieu of five days actual suspension imposed.
ITEM 5 - SHOW CAUSE HEARING
Hotel & Restaurant License
GMRI, Inc.
d/b/a Red Lobster
810 S. Wadsworth Blvd.
Kevin Coates, Registration No. 25995, stated he was the attorney representing GMRI, Inc.
Mary Ann Starnes, 6785 W. 52nd Ave., Arvada, CO 80002, was sworn in and stated she was the manager of the restaurant.
Barry Fulghum, 3969 E. Mallard Dr., Highlands Ranch, CO 80126, was sworn in and stated he was the Director of Operations for GMRI, 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.
Mr. Coates admitted to the violation. Mr. Coates stated the circumstances surrounding the violation and that the employee was terminated. Mr. Coates stated the corporation's policies regarding the sale of alcohol. Mr. Coates asked the Authority to consider a lesser penalty.
Ms. Starnes explained the corporation's training procedures. Ms. Starnes stated the steps that had been taken to prevent further violations. Ms. Starnes stated that all employees go through Lakewood's Alcohol Awareness Class. Ms. Starnes stated that the corporation takes the sale of alcohol very seriously.
Mr. Fulghum stated that the company did not condone this sort of action and that the company was quite embarrassed about the violation.
Mr. Coates asked that the suspension start on Sunday, September 28, 2008.
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 GMRI, Inc., d/b/a Red
Lobster. 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 25, 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 25, 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 28, 2008 and end on October
3, 2008 at 7:00 a.m. Mr. Miller found that GMRI, Inc., d/b/a Red Lobster, be
permitted to pay a fine in lieu of five days actual suspension imposed.
.
ITEM 6 - SHOW CAUSE HEARING
Tavern License
Tavern on 26th Ave., Inc.
d/b/a Tavern on 26th Ave.
10040 W. 26th Avenue
Carol Knight, 3943 W. 65th Ave., Arvada, CO 80003, was sworn in and stated that she was the owner of Tavern on 26th 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.
Ms. Knight admitted to the violation and stated the circumstances surrounding the violation. Ms. Knight stated that the employee has worked in the industry for 22 years and this was her first violation. Ms. Knight stated the employee still works for her and that the employee was going to an alcohol training class the following week.
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 Tavern on 26th Ave., Inc., d/b/a Tavern on 26th Ave. 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 25, 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 25, 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 26, 2008 and end on October 1, 2008 at 7:00 a.m. Mr. Miller found that Tavern on 26th Ave., Inc., d/b/a Tavern on 26th Ave., be permitted to pay a fine in lieu of five days actual suspension imposed.
ITEM 7 - SHOW CAUSE HEARING
Hotel and Restaurant License
RLJ II-C Lakewood LS & White Lodging Services Corporation
d/b/a Courtyard by Marriott
7180 W. Hampden Avenue
Steve Lee, Registration No. 10969, stated he was the attorney representing the licensee.
Chris Dougherty, 10621 W. 72nd Pl., Arvada, CO, 80005, was sworn in and stated he was the General Manager of the Courtyard by Marriott.
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.
Mr. Lee admitted that the violation had occurred. Mr. Lee stated that the Courtyard does not have a bar. Mr. Lee stated that over the last nine years, they have found that almost 100% of the sales transactions for alcohol had been conducted with people who were staying at the hotel. As a result of that, a decision was made to simply have the beer iced in a wheeled cart. Mr. Lee stated that the cart was within 20 feet of the front desk and that the patrons would take the beer out of the cart and pay for it at the front desk. Mr. Lee stated that the cart was at all times under observation by the individual who was manning the front desk. Mr. Lee stated that if the employee had to leave the front desk, the cart was put behind the desk and locked so no one had access to it. Mr. Lee stated the changes that had taken place to prevent further violations, including no longer using the cart. Mr. Lee stated that the beer was now kept in locked coolers.
Mr. Dougherty stated that the wine was in single-serve bottles and was also locked up. Mr. Dougherty stated that he had tightened controls over 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 RLJ II-C Lakewood LS & White Lodging Services Corporation, d/b/a Courtyard by Marriott. 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 25, 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 25, 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 26, 2008 and end on October 1, 2008 at 7:00 a.m. Mr. Miller found that RLJ II-C Lakewood LS & White Lodging Services Corporation, d/b/a Courtyard by Marriott, be permitted to pay a fine in lieu of five days actual suspension imposed.
ITEM 8 - SHOW CAUSE HEARING (Continued from 8/28/08)
Hotel and Restaurant License
SGTLEO, LLC
d/b/a Gaslamp Grill
9199 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 the licensee was going to admit to the violation, however the business had been seized by the State of Colorado. Ms. Roth stated that the licensee was not going to reopen the business and was planning on transferring the liquor license. Ms. Roth stated that she was not requesting any sort of penalty other than an admission that the violation had occurred.
Scott Tallman, 1280 Albion St., Apt. 37, Denver, CO 80220, was sworn in and stated he was the owner of Gaslamp Grill. Mr. Tallman stated the circumstances surrounding the sale to the minor. Mr. Tallman stated that the restaurant had gone out of business and that he was cooperating with the landlord to try to transfer the liquor license. Mr. Tallman stated that he was trying to resolve the tax issues with the State and the City. Ms. Roth stated that the City could not accept a transfer of ownership application for the liquor license until all of the taxes due to the City had been paid. Ms. Roth stated that it was her understanding that there was someone who wanted to take over the license and would like to submit his application as soon as possible but could not until the taxes were paid.
Edgar McCullough, 9077 W. Alameda Ave., Lakewood, CO 80226, was sworn in and stated he was the Director of Finance for Mile High Church, who is the landlord for the property. Mr. McCullough stated that the church had obtained legal possession of the property. Mr. McCullough stated that they were doing some renovation to the building and they anticipated a new tenant would sign the lease the first part of October. Mr. McCullough stated that as soon as the taxes had been paid to the City, then the new tenant would apply for the transfer of the liquor license.
Ms. Roth requested that the Authority set a timeframe for the taxes to be paid and the transfer application to be submitted. Ms. Roth stated that an end date was needed so that the license would not be held in limbo for the next year.
Mr. Miller found that the violation that was alleged in the complaint had occurred. Mr. Miller found that the licensee was no longer in business and that if a transfer application was not received by the City of Lakewood within 60 days from September 25, 2008, along with payment of all taxes due to the City, the license would be surrendered to the City of Lakewood.
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 3:15 p.m.
Richard Miller, Hearing Officer, Lakewood Liquor and Fermented Malt Beverage Licensing Authority
Joyce Wamboldt, Liquor Licensing Specialist
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