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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 2:03 p.m.
Mr. Miller moved Item 2 after Item 3 on the agenda.
ITEM 3 - SHOW CAUSE HEARING
Hotel & Restaurant License
Wasabi Sushi Bar, LLC
d/b/a Wasabi Sushi Bar
433 S. Teller St.
Adam Stapen, Registration No. 27506, stated he was the attorney representing the licensee. Mr. Stapen stated that Jong Lee, the owner and manager of Wasabi Sushi Bar, was also present.
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. Stapen stated that his client was admitting to the violation. Mr. Stapen stated that every employee was TIPS trained. Mr. Stapen stated that the individual who sold the alcohol no longer worked at Wasabi's.
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 Wasabi Sushi Bar, LLC, d/b/a Wasabi Sushi Bar. 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 October 9, 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 October 9, 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. October 10, 2008 and end on October 15, 2008 at 7:00 a.m. Mr. Miller found that Wasabi Sushi Bar, LLC, d/b/a Wasabi Sushi Bar, be permitted to pay a fine in lieu of five days actual suspension imposed.
ITEM 2 - SHOW CAUSE HEARING
Retail Liquor License
GPLM, Corp.
d/b/a DJ Liquors
8630 W. Colfax Ave.
Diane Fischer, 8630 W. Colfax Ave., Lakewood, CO 80215, was sworn in and stated that she was the owner of DJ Liquors.
Ms. Roth, Chief Municipal Prosecutor, stated that the Authority would be hearing evidence from Lakewood Police Agent Darren Maurer that on July 14, 2008 at approximately 4:48 p.m., he observed a female lying on her back in the parking lot of DJ Liquors. Ms. Roth stated that Agent Maurer would testify that he made contact with that female, a Ms. Quintero, who was visibly intoxicated. Ms. Roth stated that Agent Maurer would also testify that Ms. Quintero requested to go home on the RTD bus and he was prepared to allow her to do so. Ms. Roth stated that instead of heading towards the bus stop, Ms. Quintero went inside DJ Liquors and bought an alcoholic beverage. Ms. Roth stated that Agent Maurer would also testify that he spoke with Mr. Contreras, the employee at DJ Liquor, who sold the alcoholic beverage to Ms. Quintero and that Mr. Contreras told him that he was concerned for the female's welfare because of how she looked and asked her if she was ok. Ms. Roth stated that the sale of alcohol that Mr. Contreras made to Ms. Quintero was in violation of C.R.S. 12-47-01(5)(a)(I), which states that it is unlawful for any person licensed to sell at retail pursuant to this article to sell alcoholic beverages to a visibly intoxicated person.
Ms. Fischer stated that she has owned two other liquor stores besides this particular liquor store, as well as two other restaurants in Mexico. Ms. Fischer stated that during that time, she had hired and trained quite a few employees. Ms. Fischer stated that not only were her employees trained on the register and money handling, they were also trained on how to check I.D.'s and customer service procedures, which included how to handle intoxicated customers and situations that would require refusal of service. Ms. Fischer stated that in the sixteen years of operating all of these stores, neither she nor her employees had received a ticket for selling to an intoxicated person. Ms. Fischer stated that she had also taken the TIPS program to increase her knowledge and to improve her training procedures.
Agent Darren Maurer, Lakewood Police Officer, was sworn in and in answer to Ms. Roth's questions stated the training and recertification he had received to detect when individuals were intoxicated. Agent Maurer stated that on July 14, 2008 at approximately 4:48 p.m., he had been driving around on patrol when he observed a female lying on her back, to the north of the store, and drove up to see why she was lying on her back. Agent Maurer stated that the lady was under the extended carport, which is next to the liquor store. Agent Maurer stated that there were wads of Kleenex laying around her, a torn plastic grocery bag and RTD tokens strewn about her. Agent Maurer stated that her name was Arlene Quintero and that she told him that she lived in Green Mountain and that she was at this location to see a friend. Agent Maurer stated that Ms. Quintero said that she was going to go home and that she was going home by way of RTD. Agent Maurer stated that when Ms. Quintero spoke, she slurred her words; she had watery, bloodshot eyes; an odor of alcohol on her breath; difficulty standing still and had to step out with her foot to regain her balance. Agent Maurer stated that she asked if she could go home and he asked her if she would be all right and she stated yes. Agent Maurer stated that he was going to allow her to go to the bus stop and go home. Agent Maurer stated that as he began to drive away, he noticed that instead of walking towards Colfax to a bus stop, she went the opposite direction towards the front doors of the liquor store. Agent Maurer watched her speak to a male, Vincent Raul, who was standing outside of the front door of the liquor store. Agent Maurer stated that Ms. Quintero then went into the liquor store and Agent Maurer went to talk to Mr. Raul. Agent Maurer stated that Mr. Raul said that Ms. Quintero went in to buy a beer for him. Agent Maurer stated that Ms. Quintero came out of the store carrying a small brown paper bag with a large can inside. Agent Maurer stated that it had only been about four or six minutes since his initial contact with Ms. Quintero. Agent Maurer stated that Ms. Quintero came out of the liquor store and turned to walk away from him and he called out her name. Agent Maurer stated that she continued to stagger with short, little, choppy steps away from him and Agent Maurer had to go up to her and gain her attention. Agent Maurer spoke with Ms. Quintero again and inside the brown paper bag was an 8.1% alcohol Steel Reserve. Agent Maurer stated he asked Ms. Quintero who she bought the alcohol for and she had difficulty answering the question and that her best guess was "for a female". Agent Maurer stated that Ms. Quintero did not have the brown paper bag with her when she entered the store. Agent Maurer stated that he checked for nystagmus in her eyes, which is an involuntary jerking of the eyes that is made more apparent with the presence of alcohol. Agent Maurer stated the method that he used to perform the test on Ms. Quintero. Agent Maurer stated that the nystagmus was at maximum deviation and her body was swaying in a circular motion, which indicated that she was intoxicated. Agent Maurer stated that a portable breath test was performed on Ms. Quintero and, as a result, Agent Maurer made a reservation at detox for her.
Agent Maurer stated that he went into the store and spoke to Juan Contreras, the employee working in there. Agent Maurer stated that Mr. Contreras said that he was the only employee working in there. Agent Maurer stated that Mr. Contreras said that he remembered her, primarily because she had a reddish complexion to her face, and Mr. Contreras had asked her if she was ok. Agent Maurer stated that Mr. Contreras had said that he was worried about her because it was a hot day and he thought maybe she was dehydrated. Agent Maurer stated that Mr. Contreras said that he had had alcohol training years before when he had worked in Las Vegas. Agent Maurer stated that Mr. Contreras said that he had sold alcohol to Ms. Quintero. Agent Maurer stated that he served a summons to Mr. Contreras for serving an intoxicated person and then took Ms. Quintero to Detox.
In answer to Ms. Fischer's questions, Agent Maurer stated that the procedure for handling an intoxicated person varies. Agent Maurer stated that if an intoxicated person had an open container of alcohol, he would give them a summons or if they were intoxicated to the point where the person was a danger to himself, then he would take them to Detox. Agent Maurer stated there was no public intoxication charge so he could not give them a ticket for just being drunk in public. Agent Maurer stated that in the beginning, he did not think that Ms. Quintero was a danger to herself but as the incident developed, he felt she was. Agent Maurer stated that Ms. Quintero had said she was going to go home on the bus and instead she turned around and went into the liquor store to purchase more alcohol. Agent Maurer stated that the times are approximate and it may have been more than five minutes between when he first spoke to her and when she came out of the liquor store with the alcohol. Agent Maurer stated that, initially, he gave Ms. Quintero the opportunity to go home and she chose not to do that. Agent Maurer stated that her actions and decisions after he allowed her to go home proved to him that she was going to, potentially, put herself in a worse position than what she was already in and that's why he chose to house her at Detox. Agent Maurer stated that Ms. Quintero told him that she had been an alcoholic for the last 20 years and he had learned that alcoholics could be very functional on high levels of intoxication so he did not feel that by allowing her to go home on the bus, she would put herself in danger. Agent Maurer stated that it was a judgment call.
In answer to Ms. Roth's questions, Agent Maurer stated that when he first contacted Ms. Quintero, she was exhibiting signs of intoxication but, at that point, he did make the decision to allow her to go home. Agent Maurer stated that when she left the store, she was not more intoxicated than when she went into the store.
In answer to Mr. Miller's question, Agent Maurer stated that the reading on the portable breath test was .166.
Ms. Fischer did not have any further questions for Agent Maurer and did not object to Agent Maurer being excused.
Ms. Roth did not have any further evidence for the City.
Andrew Sipres, 1330 Yukon St., #107, Lakewood, CO 80214, was sworn in and stated he was a patron of DJ Liquors and was in the store on July 14, 2008. In answer to Ms. Fischer's questions, Mr. Sipres stated that he went into the store and was getting ready to pay when Ms. Quintero came into the store. Mr. Sipres stated that Ms. Quintero went to the cooler, took out a beer and proceeded to the cashier. Mr. Sipres stated that since she was a lady and he had more items than she had, he told her to go ahead of him. Mr. Sipres stated that he did not observe Ms. Quintero swaying, staggering or slurring her words. Mr. Sipres stated that Ms. Quintero turned and talked to him and made her purchase. Mr. Sipres stated that Ms. Quintero was short on her change and reached in her pocket and took out the exact amount of change that she needed to pay for her beer and then proceeded to go out the door. Mr. Sipres stated that he could not see anything wrong with her. Mr. Sipres stated that he purchased his merchandise and then proceeded out the door.
In answer to Ms. Roth's questions, Mr. Sipres stated that he had had alcohol training when he used to bartend for his parents about four years ago. Mr. Sipres stated that Ms. Quintero came into the store after he had entered the store. Mr. Sipres stated that Ms. Quintero did talk to him but he did not smell any alcohol on her breath because he was about ten to fifteen feet away from her. Mr. Sipres stated that he could not tell if her eyes were bloodshot because he did not look at her. Mr. Sipres stated that he did not look at other women.
Ms. Fischer did not have further questions for Mr. Sipres and Mr. Sipres was excused.
Ms. Fischer had exhibits that she asked to be entered into the record. Exhibit #1 was a Witness Affidavit and Declaration signed by Diane Fischer, Exhibit #2 was a Defendant's Affidavit and Declaration signed by Juan Contreras, Exhibit #3 was a copy of DJ Liquors' Retail Sales Protocol and Exhibit #4 was a hand-drawn diagram of the location of the store. Ms. Fischer then took the stand to testify.
Ms. Fischer stated that about two and a half months ago she hired Juan Contreras and she chose Mr. Contreras because he had previous alcohol awareness training. Ms. Fischer stated that because of the neighborhood that her store was in, she felt that he would be beneficial for her store. Ms. Fischer stated that she trained him for approximately a week and, during that time, she continuously expressed to him that he only had about 45 seconds, from the time a customer entered the store to the time that they left, to acknowledge the customer upon entering, make quick small talk and finally look each customer in the eye when checking them out. Ms. Fischer stated that if at anytime there was a question as to whether a person was intoxicated; he was to just simply refuse service to that person. Ms. Fischer stated that when Officer Maurer issued a ticket to Mr. Contreras, Officer Maurer stated that Mr. Contreras had sold to an intoxicated person. Ms. Fischer stated that Officer Maurer said that Ms. Quintero was lying on her back at the front of the store and Exhibit #4 clearly showed that the front door was not even close to where Ms. Quintero was laying. Ms. Fischer stated that Exhibit #4 showed that the front of the store faced Colfax, which was the general vicinity where Ms. Quintero was laying, but that the front door to the store faced Dover so Mr. Contreras would have had no idea that Ms. Quintero was there. Ms. Fischer stated that Officer Maurer had said that Ms. Quintero had all of the signs of being intoxicated and he just let her go. Ms. Fischer stated that during the time that Ms. Quintero walked into the store, there were three other customers in there. Ms. Fischer stated that the following day she viewed the security tapes and when Ms. Quintero entered the store, she did not stumble, she did not stagger, and she went directly to the cooler door, got her beer and brought it to the counter. Ms. Fischer stated that the tape did show that Mr. Contreras did acknowledge Ms. Quintero when she walked in, he watched her, along with the three other customers, and he spoke to her. Ms. Fischer stated that the tape showed that Ms. Quintero had no problems counting her money. Ms. Fischer stated that it was a hot day and Mr. Contreras was concerned about Ms. Quintero, but that he did not smell any strong odor of alcohol on her. Ms. Fischer stated that there were quite a few people who come into the store that have previously had a beer and you can smell the alcohol on their breath but that did not make them intoxicated. Ms. Fischer stated that since Ms. Quintero did not have any signs of intoxication, Mr. Contreras probably thought she had had a beer before entering the store.
In answer to Ms. Roth's questions, Ms. Fischer stated that she was aware that Mr. Contreras was issued a ticket into Municipal Court for this violation and, in fact, did attend court with him. Ms. Fischer stated that Mr. Contreras did file a guilty plea but only because he was so nervous at the time and he was concerned because he did not make a lot of money and had to pay child support, and when he started seeing the different costs of what he might have to pay, decided to take the lesser plea and file guilty. Ms. Fischer stated that she was not present at the store during the time of the incident. Ms. Fischer stated that she could not testify as to whether Ms. Quintero was intoxicated and that she could only testify to what she saw on her security tapes.
In answer to Mr. Miller's question, Ms. Fischer stated that she no longer employed Mr. Contreras because he had decided to take another job.
Ms. Roth stated that the Authority had heard Agent Maurer testify to the fact that he had been trained to detect when someone had been displaying signs of intoxication and that on July 14, 2008, he had observed Ms. Quintero lying somewhere near the liquor store. Ms. Roth stated that when Agent Maurer approached Ms. Quintero, she exhibited the classic signs of intoxication with slurred speech, bloodshot, watery eyes, the smell of alcohol on her breath and had difficulty maintaining her balance. Ms. Roth stated that Agent Maurer testified that it was his decision, at that time, to allow her to go home but that Ms. Quintero did not do that, instead went into the liquor store and came out with a brown bag containing alcohol. Ms. Roth stated that Mr. Contreras did not deny to Agent Maurer that he sold the alcohol to Ms. Quintero; in fact, he was concerned and asked her if she was ok because of the reddish tint to her face. Ms. Roth stated that after Ms. Quintero exited the liquor store, Agent Maurer made contact with her again and confirmed that she was intoxicated. Ms. Roth stated that the Authority had also heard from a witness who was inside the store, however he testified that he did not look at Ms. Quintero because he did not look at other women and was approximately ten feet away from her. Ms. Roth asked the Authority to find that there was a violation of C.R.S. 12-47-901(5)(a)(I) on July 14, 2008 when the alcohol was sold to Ms. Quintero.
Ms. Fischer stated that if the Authority would look at the times on Officer Maurer's report, on 4:48 p.m., Officer Maurer noticed the condition that Ms. Quintero was in and five minutes later, he was in her store issuing a citation to Mr. Contreras. Ms. Fischer stated that Mr. Contreras had only approximately 45 seconds to determine whether Ms. Quintero was intoxicated but Officer Maurer had at least five minutes to make his determination. Ms. Fischer stated that Officer Maurer, as a police officer, had a lot more training in determining whether a person was visibly intoxicated than Mr. Contreras had. Ms. Fischer stated that by letting Ms. Quintero continue on her way without taking any immediate action, Officer Maurer was clearly stating that she was, in fact, not visibly intoxicated or, on the other hand, if he did feel that she was intoxicated, he was letting the store take the burden. Ms. Fischer stated that, in either case, the citation was wrongly given to Mr. Contreras and her store had not violated any laws concerning selling to an intoxicated person. Ms. Fischer stated that because of this, she felt that she should not have her liquor license suspended or revoked.
Mr. Miller stated that on July 14, 2008 at approximately 4:48 p.m., an employee of GPLM, Corp., d/b/a DJ Liquors, did sell an alcoholic beverage to a visibly intoxicated customer. Mr. Miller stated that the Authority had heard all of the evidence, testimony and looked at the exhibits. Mr. Miller stated that Mr. Contreras admitted to selling an alcoholic beverage to Ms. Quintero. Mr. Miller stated that the Authority found that at the time of the initial contact by Officer Maurer, and at the time of the sale to Ms. Quintero, she was visibly intoxicated. Mr. Miller stated that although the employee of the licensee only had a short time to evaluate Ms. Quintero, there was a policy that stated that he take whatever amount of time required to make an evaluation. Mr. Miller stated that Ms. Quintero had a blood alcohol level well above the level of intoxication in the State of Colorado.
Ms. Fischer stated that if Ms. Quintero was visibly intoxicated, why wasn't this situation taken care of when the officer saw her lying on the ground instead of letting her continue on. Ms. Fischer stated that Ms. Quintero could have purchased alcohol at any other place. Ms. Fischer stated that even though Ms. Quintero did come into her store, her feeling was that the officer did not feel Ms. Quintero was intoxicated to the point that she needed to go to detox. Ms. Fischer stated that after Ms. Quintero came out of the store, the officer determined that she was intoxicated to the point that he gave her a Breathalyzer. Ms. Fischer stated that the officer should have done that in the beginning and felt that the burden was put on her instead.
Mr. Miller found that the violation that was alleged in the complaint had occurred
and the following penalty be imposed upon GPLM, Corp., d/b/a DJ 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 October 9, 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 October 9, 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.
October 10, 2008 and end on October 15, 2008 at 8:00 a.m. Mr. Miller found that
GPLM, Corp., d/b/a DJ Liquors, be permitted to pay a fine in lieu of five days
actual suspension imposed.
ITEM 4 - SHOW CAUSE HEARING
Hotel & Restaurant License
The Penalty Box, Inc.
d/b/a The Penalty Box Bar and Grill
1862 S. Wadsworth Blvd.
Ms. Wamboldt stated that the City had requested a continuance. Ms. Wamboldt stated that one of the City's witnesses could not attend today's meeting and the hearing had been continued to October 23, 2008 at 2:00 p.m.
ITEM 5 - SHOW CAUSE HEARING
Tavern License
CL Enterprises, LLC
d/b/a Club Fantasy
5255 W. 6th Ave.
Gene Ciancio, Registration No. 2345, stated he was the attorney representing the licensee.
Ms. Roth, Chief Municipal Prosecutor, stated that the Authority would be hearing testimony from Lakewood Police Agents that on July 6, 2008 at approximately 1:41 a.m., they responded to Club Fantasy regarding a fight involving a couple of the patrons. Ms. Roth stated that agents would testify that one of the fight participants was transported to St. Anthony's Hospital. Ms. Roth stated that further investigation by the agents revealed that the fight broke out at the establishment because one of the participants was following the sister of another participant in the fight. Ms. Roth stated that during the interview with the injured participant in the fight, Agent Larson would testify that the party was visibly intoxicated and unable to answer basic questions. Ms. Roth stated that the incident violated Colorado Liquor Code Regulation 47-900(A), Conduct of establishment.
Mr. Ciancio stated that at the end of the hearing he would argue that there was no evidence that either Club Fantasy's owner or manager knowingly permitted somebody to commit disorderly conduct and that there was not sufficient evidence to show that the person was visibly intoxicated and that he was served at Club Fantasy. Mr. Ciancio stated that at the end of the hearing, he was asking that the Authority find that the City had not met its burden to show that the violation had occurred.
Agent Jeff Larson, Lakewood Patrol Agent, was sworn in and in answer to Ms. Roth's questions, Agent Larson stated the training and recertification he had received to detect when individuals were intoxicated. Agent Larson stated that he was dispatched to Club Fantasy for a fight in progress. Agent Larson stated that when he arrived on scene, the bar was closing, people were exiting the bar and there was a large crowd around the entrance of the bar. Agent Larson stated that he was flagged down by Security and there was a Hispanic male lying on the ground on his back. Agent Larson stated the male was moving his arms and legs but not really speaking. Agent Larson stated the male was in the parking lot, about 20 to 30 feet from the front entrance. Agent Larson stated that he tried to ask the male what had happened and who attacked him and the male was unable to answer him. Agent Larson stated that since the male was Hispanic, he tried to speak to him in both English and Spanish and the male still could not respond. Agent Larson stated that when he had the male sit up, he observed a scratch on his right arm, in addition to a two inch in diameter circular abrasion in the center of the back of his head.
Agent Larson stated that his name was Jose De Jesus Ramirez-Andrade. Agent Larson stated that he called West Metro and Mr. Ramirez-Andrade was taken to St. Anthony's Hospital. Agent Larson stated that he spoke to a witness, Roxana Miramontes, who said that she did not know anyone involved in the fight and would have a tough time identifying anyone involved in the fight but that she saw a lot of fists during the fight and saw Mr. Ramirez-Andrade fall to the ground. Agent Larson stated that Ms. Miramontes said that as soon as the fight broke up, she went over to Mr. Ramirez-Andrade to make sure he was ok. Agent Larson stated that Ms. Miramontes said that she called the police because Mr. Ramirez-Andrade was not responding at all. Agent Larson stated that Mr. Ramirez-Andrade was taken to St. Anthony's hospital and he talked to Mr. Ramirez-Andrade's roommate, Jose Refugio Lara-Almagel, in the hospital parking lot. Agent Larson stated that Mr. Lara-Almagel said that he did not see Mr. Ramirez-Andrade throw any punches before he was hit and fell to the ground. Agent Larson stated that Mr. Lara-Almagel saw the other suspects hit Mr. Ramirez-Andrade with one or two fists. Agent Larson stated that he went into the hospital emergency room and contacted Mr. Ramirez-Andrade. Agent Larson stated that he noticed a strong odor of alcohol on Mr. Ramirez-Andrade's breath, glassy, bloodshot eyes, slurred speech and vomit down the side of the bed, which indicated that he was visibly intoxicated. Agent Larson stated that he asked Mr. Ramirez-Andrade how much he had had to drink and responded with "two". Agent Larson stated that he asked Mr. Ramirez-Andrade how much he had to drink in Club Fantasy and Mr. Ramirez-Andrade again said "two". Agent Larson asked Mr. Ramirez-Andrade how much he had to drink somewhere besides Club Fantasy and again Mr. Ramirez-Andrade said "two". Agent Larson stated that Mr. Ramirez-Andrade was too intoxicated to talk and Agent Larson stated that he gave him a ticket for disorderly conduct. Agent Larson stated that Mr. Ramirez-Andrade was so intoxicated he could not even sign the ticket.
In answer to Mr. Ciancio's questions, Agent Larson stated that he spoke in Spanish to Mr. Ramirez-Andrade at the hospital. Agent Larson stated that he spoke broken Spanish and stated the courses he had taken in Spanish. Agent Larson stated that he was not fluent but that he spoke Spanish well enough to communicate. Agent Larson stated that Mr. Ramirez-Andrade said that he had two drinks that night. Agent Larson stated that when he asked Mr. Ramirez-Andrade for his name and address, he would not talk; he just looked at him. Agent Larson stated that he did not talk to the employees at Club Fantasy regarding Mr. Ramirez-Andrade. Agent Larson stated that he did not issue a citation to anyone in Club Fantasy that night. Agent Larson stated that he did not speak to any of the doctors at St. Anthony's regarding Mr. Ramirez-Andrade's condition and did not follow-up on whether Mr. Ramirez-Andrade had a concussion or a brain injury. Agent Larson stated that he could not do a roadside sobriety test because Mr. Ramirez-Andrade could not standup. Agent Larson stated that he did not have the hospital draw blood to determine Mr. Ramirez-Andrade's alcohol content nor did he do a Breathalyzer on Mr. Ramirez-Andrade. Agent Larson stated that he did not know the timeframe of when Mr. Ramirez-Andrade had consumed alcohol and when he saw Mr. Ramirez-Andrade in the hospital. Agent Larson stated that from the time he saw Mr. Ramirez-Andrade on the pavement at Club Fantasy and when he saw him at the hospital was approximately a half hour.
There being no further questions for Agent Larson, he was excused.
Jonathan Lee, Lakewood Patrol Agent, was sworn in and in answer to Ms. Roth's questions, stated that he did respond to Club Fantasy, on July 6, 2008 at approximately 1:41 a.m. for a fight that was in progress. Agent Lee stated that he actually responded on Sheridan Blvd., just west of Club Fantasy, where some of the suspects had been pulled over by other patrol agents. Agent Lee stated that he spoke with one of the suspects, Carlos Rodriquez Chavez, and Mr. Chavez said that he had been in club Fantasy with some of his friends and family and that another male was following his sister around and that male had pushed his sister. Agent Lee stated that Mr. Chavez said that he confronted the male and the male punched him in the face, which he then returned two more punches. Agent Lee stated that this caused the other male to fall to the ground and Mr. Chavez then left. Agent Lee stated that Mr. Chavez said that the altercation happened inside Club Fantasy. Agent Lee stated that Mr. Chavez said that he had had nine drinks that night. Agent Lee stated that he did not ask Mr. Chavez where he had had the nine drinks. Agent Lee stated that Mr. Chavez had a moderate odor of alcohol on his breath and bloodshot, watery eyes. Agent Lee stated that he issued a summons to Mr. Chavez for disorderly conduct.
In answer to questions from Mr. Ciancio, Agent Lee stated that he did not go to the parking lot of Club Fantasy. Agent Lee stated that he did not go to the hospital or speak to Mr. Ramirez-Andrade.
There were no further questions for Agent Lee and he was excused.
Yung Hwan Kim, 10313 E. Peakview Ave., Englewood, CO 80111, was sworn in and in answer to Mr. Ciancio's questions, Mr. Kim stated that he was the manager of Club Fantasy. Mr. Kim stated that he was at the club on July 6, 2008 and that the club closed at 1:20 a.m. and people were starting to go home. Mr. Kim stated that the fight started outside the club. Mr. Kim stated that there were no problems in the parking lot before the fight started. Mr. Kim stated that he had around fifteen security guards outside in the parking lot. Mr. Kim stated that the fight started about twenty to thirty feet from the entrance of the club. Mr. Kim stated that he saw a couple of customers swing their fists at each other and Mr. Kim shouted at them to stop and at the same time, one of the men fell down and hit his head. Mr. Kim stated that he tried to get between the patrons to try to stop the fight. Mr. Kim stated that a lady went to help the man on the ground and he went to call 911. Mr. Kim stated that the security guards pushed the people away and broke up the crowd.
In answer to Ms. Roth's questions, Mr. Kim stated that approximately 600 to 700 customers were in the club that night. Mr. Kim stated that he did not see the people who started the fight in the club before the fight started. Mr. Kim stated the first time he saw them was when the fight started. Mr. Kim stated that two people were involved in the fight. Mr. Kim stated that when he broke up the fight, he did not talk to the two individuals involved in the fight because he was more concerned about the man who was on the ground.
Ms. Roth stated that the Authority heard testimony that there was a fight in the parking lot at Club Fantasy on July 6, 2008 and that it was among patrons of the establishment. Ms. Roth stated that as a result, Mr. Ramirez-Andrade was transported to St. Anthony's. Ms. Roth stated that the fight alone is a violation of Regulation 47-900, Conduct of establishment, which mandates licensees to conduct the licensed premises in a decent, orderly and respectful manner and shall not permit rowdiness, undue noise or other disturbances or activity offensive to the senses of the average citizen. Ms. Roth stated that in addition to the fight that took place at Club Fantasy, the Authority heard testimony from Agent Larson stating that he had contact with Mr. Ramirez-Andrade and it was Agent Larson's opinion that Mr. Ramirez-Andrade was visibly intoxicated. Ms. Roth stated that Mr. Ramirez-Andrade had slurred speech, bloodshot, watery eyes, difficulty maintaining his balance and unable to answer basic questions. Ms. Roth stated that Agent Lee testified that Mr. Chavez told him that he had consumed nine drinks that evening. Ms. Roth stated that under Regulation 47-900, it is a violation to allow the loitering of visibly intoxicated persons. Ms. Roth stated that the two things combined violate Regulation 47-900.
Mr. Ciancio stated there were two parts involved in the incident; one is the visibly intoxicated person that the officer later saw at the hospital. Mr. Ciancio stated that if the Authority disregarded the fact that Mr. Ramirez-Andrade had a head injury, there was no evidence that he drank inside Club Fantasy or at what time or what he looked like or what his sobriety was at the time he was served or sold alcoholic beverages. Mr. Ciancio stated that the second part was about the fight and that Regulation 47-900 states that a licensee, agent or employee must knowingly permit activity or acts of disorderly conduct as defined in C.R.S. 18-9-106. Mr. Ciancio stated that the only evidence is that people were exiting the premises in an orderly manner and there was no evidence that anything untoward was going on by the people who were exiting the premises that night. Mr. Ciancio stated there is nothing unlawful about having a large crowd of people at a club in the City of Lakewood. Mr. Ciancio stated that according to one of the suspects on Sheridan Blvd., he had gotten upset with another man because he thought this other man was hitting on his sister and they got in a fight that was essentially, one punch. Mr. Ciancio stated that Mr. Kim jumped in and got the two men separated and unfortunately, one of them fell to the ground. Mr. Ciancio stated that this incident did not rise to the level of the establishment, an employee or the licensee knowingly permitting an activity of disorderly conduct. Mr. Ciancio stated that a third part of the incident is that the club allowed a visibly intoxicated person to loiter on the premises and Mr. Ciancio stated that the person who was stopped on Sheridan had a moderate odor of alcohol on his breath and that he had watery, glassy eyes. Mr. Ciancio stated that practically anyone coming out of any establishment might have these indications of drinking. Mr. Ciancio stated that all anyone knows about the guy at the hospital was that he suffered a head injury. Mr. Ciancio stated that he would ask the Authority to find that the club did not allow a visibly intoxicated person to loiter and that his client did not knowingly permit activity of disorderly conduct.
Mr. Miller stated that the incident occurred outside the licensee's establishment but on the licensee's premises. Mr. Miller stated that the Authority takes a broad view of the responsibility of the licensee for the conduct of the premises. Mr. Miller stated that the licensee has a responsibility to act affirmatively to maintain order on the licensed premises. Mr. Miller stated that an assault took place without notice or warning to anybody and that the licensee had ample security on the premises. Mr. Miller stated that the manager, himself, was out in the parking lot. Mr. Miller stated that there was evidence of the consumption of alcohol by both parties involved but the only evidence of consumption of alcohol by the injured party was two drinks. Mr. Miller stated that there are 600 to 700 people consuming alcohol represents a problem for the licensee. Mr. Miller stated that he found that the evidence did not sustain the violation of Conduct of Establishment, Regulation 47-900.
The Liquor Licensing Authority took a break at 4:06 p.m. and reconvened at 4:10 p.m.
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 4:10 p.m.
Richard Miller, Hearing Officer, Lakewood Liquor and Fermented Malt Beverage Licensing Authority
Joyce Wamboldt, Liquor Licensing Specialist
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