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

Arts License
The Lab at Belmar
d/b/a The Lab at Belmar
404 S. Upham St.

Alan Dill, Registration No. 872, stated that he was the attorney representing the applicant. Mr. Dill stated that the needs and desires of the inhabitants of the neighborhood were not a requirement for an Arts License. Mr. Dill stated The Lab at Belmar is a nonprofit corporation.

Erin Lantz, 3931 Vrain St., Denver, CO 80212, was sworn in and stated that she was the Development and Operations Manager and that she would be responsible for the sale of alcohol. Ms. Lantz stated that she had attended the Lakewood Alcohol Awareness Class. Ms. Lantz stated that The Lab is a contemporary arts institution and that they host exhibitions a few times a year from national and international artists, as well as holding educational programs. Ms. Lantz stated the steps they plan to take to prevent alcohol from leaving the licensed premises. Ms. Lantz stated the alcohol training that the employees are required to take.

Kathie Ryan, 3536 W. 41st Ave., Denver, CO 80211, was sworn in and stated that she was the Deputy Director of The Lab and stated her responsibilities. Ms. Ryan stated that the Board of Directors decided to apply for a liquor license to generate more revenue.

Mr. Miller having found that all of the requirements for an Arts License had been satisfied, approved the application for an Arts License for The Lab at Belmar, d/b/a The Lab at Belmar, located at 404 S. Upham St., 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
The Penalty Box, Inc.
d/b/a The Penalty Box Bar and Grill
1862 S. Wadsworth Blvd.

Ms. Wamboldt stated that the licensee had asked for a continuance to give him time to retain an attorney. Ms. Wamboldt stated that the hearing had been administratively continued to December 11, 2008.

ITEM 4 - SHOW CAUSE HEARING

Tavern License
Armoni's, LLC
d/b/a Armoni's
7576 W. Jewell Ave.

Lena Ewing, Registration No. 28267, stated she was the attorney representing the licensee. Ms. Ewing stated that the owner, Joe Williams, was also present at the hearing.

Ms. Roth stated that the Authority would hear testimony from numerous police agents regarding four different incidents that occurred at Armoni's from May 31, 2008 through August 10, 2008. Ms. Roth stated that all but one of the incidents involved some sort of a fight that took place at the establishment. Ms. Roth stated that the conduct of the four incidents was in violation of Colorado Regulation 47-900, Conduct of establishment, which mandates that a licensee conduct the premises in a decent, orderly and respectable manner. Ms. Roth stated that Regulation 47-900 also mandates that the licensee not permit rowdiness or other disturbances or activities offensive to the senses of the average citizen.

Ms. Ewing stated that there were four incidents that occurred in the time period that Ms. Roth referenced but that it was their position that the establishment did do what was possible to prevent them from occurring. Ms. Ewing stated that the owner was not knowingly permitting the incidents from happening. Ms. Ewing stated that the incidents were exaggerated in terms of the establishment's liability. Ms. Ewing stated that Mr. Williams was maintaining an establishment that was orderly.

Andrea Martin, Lakewood Police Agent, was sworn in and in answer to Ms. Roth's questions, stated that on May 31, 2008 at approximately 1:45 a.m., she responded to Armoni's on a report of a fight in progress. Agent Martin stated that when she arrived on scene, there was no longer a fight in progress, but there was a female, Jackie Quintana, lying semiconscious on the floor inside Armoni's. Agent Martin stated that Ms. Quintana's friends were hovering over her and that the friends were not very cooperative at all. Agent Martin stated that she had to get the friends away from Ms. Quintana in order to tend to her. Agent Martin stated that Ms. Quintana was not able to speak and was groaning. Agent Martin stated that she spoke with Ms. Ronni Rodriguez, who was one of Ms. Quintana's friends. Agent Martin stated that Ms. Rodriguez said that Ms. Quintana had had breast augmentation surgery on May 22, 2008 and that she had been taking Percocet that night and had also been drinking. Agent Martin stated that Ms. Rodriguez said that when the fight broke out in the bar, Ms. Quintana had been pushed down and had hit her head on the floor. Agent Martin stated that Ms. Rodriguez said that there were several people involved in the fight but she was not certain who they were. Agent Martin stated that Ms. Rodriguez and Ms. Quintana were not involved in the fight. Agent Martin stated that Ms. Rodriguez said that that it was a domino effect, that a large group of people were fighting and moved into the part of the room where they were at and Ms. Quintana just got knocked over. Agent Martin stated that she spoke with Natasha Rodriguez, Antonia Valdez and Javier Almeida. Agent Martin stated that Ms. Natasha Rodriguez said that Ms. Quintana had not been taking Percocet and that Ms. Quintana had been hit in the head with a flashlight by one of the security guards. Agent Martin stated that Ms. Valdez was very uncooperative and kept trying to lie on top of Ms. Quintana. Agent Martin stated that she had to threaten to handcuff Ms. Valdez to a table to get her to cooperate. Agent Martin stated that Mr. Almeida said that he witnessed the fight and that the fight had been in the northern room and got pushed into the southern room. Agent Martin stated that Mr. Almeida said that Ms. Quintana got knocked over and was hit in the head. Agent Martin stated that Mr. Almeida said that he did not see any of the security guards hit Ms. Quintana in the head with the flashlight.

Agent Martin stated that she also responded to Armoni's on August 10, 2008 at approximately 2:09 a.m. on a report of an assault. Agent Martin stated that she spoke to Dawn Aguirre. Agent Martin stated that Ms. Aguirre said that her friend, Bernadette Maestes, had been dancing inside Armoni's and a female named Sonia Montoya came up to Ms. Maestes and said, "Why are you (f….) with my sister?" Agent Martin stated that Ms. Aguirre said that Ms. Maestes told Ms. Montoya that she was not messing with her sister and then Ms. Montoya pulled Ms. Maestes's ponytail, pulled her fist back and took a swing at Ms. Maestes and they started fighting. Agent Martin stated that Ms. Aguirre said that Security made them go outside and then one of the guys, Wayne Montoya, who was with Ms. Montoya's group, started banging on the back of their jeep and that a group of Ms. Montoya's friends were behind the jeep and would not let them leave.

In answer to questions from Ms. Ewing, Agent Martin stated that in respect to the May 31, 2008 incident, there were conflicting statements as to how Ms. Quintana hurt her head and as to whether Ms. Quintana was taking Percocet. Agent Martin stated that when she arrived on scene, there was no fight in progress. Agent Martin stated that on August 10, 2008, Security was in the process of taking care of the problem but that it was still pretty chaotic when she arrived at Armoni's. Agent Martin stated that she did not go inside the bar on August 10, 2008 and what she witnessed was outside. Agent Martin stated that Mr. Montoya was pointed out to her as one of the guys behind the jeep who would not let it leave. Agent Martin stated that Mr. Montoya was being very aggressive with Agent Bragazzi. Agent Martin stated that she did not question anyone as to how much they had been drinking or whether they had been drinking in Armoni's.

In answer to a question from Mr. Miller regarding the May 31, 2008 incident, Agent Martin stated that there was no sign of physical injury on Ms. Quintana.

In answer to questions from Ms. Roth, Agent Martin stated there was no conflicting statements regarding whether a fight had taken place at Armoni's on May 31, 2008. Agent Martin stated that at the August 10, 2008 incident, there were several people in the parking lot at Armoni's and several of those people seemed to be upset. Agent Martin stated that several Lakewood Police Agents had to separate the patrons in the parking lot and Agent Bragazzi had a confrontation with Mr. Montoya. Agent Martin stated that once the patrons were separated, most of them were fairly cooperative. Agent Martin stated that the incident seemed to be a little chaotic.

There were no further questions for Agent Martin and she was excused.

Jeff Larson, Lakewood Patrol Agent, was sworn in and in answer to Ms. Roth's questions, stated that he was dispatched to Armoni's on May 31, 2008 at approximately 1:45 a.m. on a report of an assault that had occurred. Agent Larson stated that the bar was pretty packed and in the south portion of the bar, there was a Hispanic female on the floor. Agent Larson stated that she was on her side and was not responding to any of his questions so he called West Metro Paramedics. Agent Larson stated that he spoke to Katie Peterson, who said she was the designated driver for the night. Agent Larson stated that Ms. Peterson said that Ms. Quintana was her friend and that they were dancing on the floor. Agent Larson stated that Ms. Peterson said that Security was removing a patron from the bar who had been involved in a fight. Agent Larson stated that Ms. Peterson said that one of the security guards accidentally hit Ms. Quintana in the back of the head with a flashlight. Agent Larson stated that Ms. Peterson did not exhibit any signs of intoxication. Agent Larson stated that Ms. Peterson said that Ms. Quintana had had breast augmentation surgery two days prior to the incident. Agent Larson stated that Ms. Peterson did not know whether Ms. Quintana had taken any prescription drugs but that Ms. Quintana had consumed four or five drinks. Agent Larson stated that Ms. Peterson said that the hit on the head with the flashlight had knocked Ms. Quintana out. Agent Larson stated that while patrons were clearing out of Armoni's, an independent witness, Crystal Carillo, contacted him. Agent Larson stated that Ms. Carillo said that she did not know Ms. Quintana. Agent Larson stated that Ms. Carillo said that she saw Ms. Quintana sitting at a table along the wall passed out before the fight broke out. Agent Larson stated that Ms. Carillo said that there had been a fight in the club and that Ms. Quintana and her friends had nothing to do with the fight. Agent Larson stated that because there was an allegation that Ms. Quintana was hit in the head with a flashlight by one of the security guards, he talked to two of the guards, Michael Robinson and Tommy Martinez. Agent Larson stated that the two security guards said there had been a fight but not anywhere close to Ms. Quintana, and because they noticed that she was passed out, they let the patrons in the fight go in order to attend to Ms. Quintana. Agent Larson stated that the two security guards denied hitting Ms. Quintana in the head with the flashlight, either on purpose or accidentally. Agent Larson stated that he had a chance to look at Ms. Quintana and she did not have any visible injuries that he could see. Agent Larson stated that he did not respond to the hospital for any follow-up.

In answer to questions from Ms. Ewing, Agent Larson stated that when he arrived on scene and found Ms. Quintana on the floor not moving, he checked for a pulse. Agent Larson stated that he asked her questions and she just laid there on the floor and did not respond to him. Agent Larson stated that her eyes were open and she was lying on her side. Agent Larson stated that he was not able to ask her whether she had taken Percocet or how long she had been at Armoni's. Agent Larson stated that Ms. Carillo said that Ms. Quintana was sitting at a table passed out. Agent Larson stated that Ms. Quintana did not say what she meant by "passed out". Agent Larson stated that Ms. Quintana's friend said that she had been dancing when she got hit on the head. Agent Larson stated that some of Ms. Quintana's friends said she was on Percocet and some said she was not. Agent Larson stated that no one had mentioned whether they had told Armoni's staff that Ms. Quintana was taking Percocet. Agent Larson stated that the designated driver did not say what period of time Ms. Quintana had had four or five drinks. Agent Larson stated that all of her friends said that Ms. Quintana had been dancing and was hit over the head with a flashlight and the independent witness told him that Ms. Quintana was passed out at a table, so he was getting two different versions of what had happened. Agent Larson stated that the security guards said that Ms. Quintana was not near the fight that had occurred and they denied hitting her on the head. Agent Larson stated that since there were no visible injuries, he was not able to determine whether Ms. Quintana had been hit on the head with a flashlight.

In answer to Mr. Miller's questions, Agent Larson stated that he could not detect any signs of alcohol consumption on Ms. Quintana. Agent Larson stated that because she was on the floor not responding, he could not tell if there was any slurred speech; she was not standing so he could not tell if there was any inability to maintain balance; and he did not have the opportunity to observe any signs of intoxication. Agent Larson stated that he was dispatched to Armoni's for a fight at the club. Agent Larson stated that they were not dispatched to Armoni's because of Ms. Quintana but found her on the floor after arriving at the bar.

In answer to Ms. Ewing's questions, Agent Larson stated that the dispatcher takes a 911 call, creates a screen and the screen is sent to the patrol agent. Agent Larson stated that the screen tells a brief description of what happened and states the name of the reporting party. Agent Larson stated that in this situation, the reporting party was Security. Agent Larson stated the screen did not say that someone had collapsed but stated that there had been an assault during a fight at the bar.

In answer to Ms. Roth's questions, Agent Larson stated that he had been in the area of Armoni's on June 28, 2008 at approximately 1:57 a.m. Agent Larson stated that he was going to a call on the south side of the City and was stopped at a red light in the southbound lanes of Wadsworth at Jewell. Agent Larson stated that he looked over at Armoni's and the west parking lot was packed with people and he could see Security in between two people who were fighting. Agent Larson stated that the whole scene was chaotic. Agent Larson said there were hundreds of people in the parking lot and there was a crowd gathered around the fight. Agent Larson stated that he drove into the parking lot and observed three separate fights going on with people crowding around the fights. Agent Larson stated they were throwing fists and tackling each other. Agent Larson stated that the fights were going on in three different, distinct areas of the parking lot. Agent Larson stated that as soon as he pulled into the parking lot, he turned on his lights and sirens, which dispersed most of the people who had been watching the fights. Agent Larson stated that the people who were engaged in the fights split up and walked away, except two women near the northwest side of the parking lot. Agent Larson stated that he got about 50 feet from them, parked the car, left the lights on, stepped out of the car and identified himself as a police officer and told them to stop fighting. Agent Larson stated that the two females kept trying to hit each other, fell to the ground and continued to try to hit each other and pull each other's hair. Agent Larson stated that Security was not trying to break up this fight. Agent Larson stated that Security was trying to break up one of the fights at the south end of the parking lot. Agent Larson stated that he grabbed the female who was on top of the other female and pulled them apart. Agent Larson stated that the female he grabbed was uncooperative and she was close to hitting him but he put her in a twist lock and escorted her back to his patrol car. Agent Larson stated that in the meantime, Security had finished dealing with the other fight and had come over and focused on the same situation that he was focused on. Agent Larson stated that the two females were Jolene Aragon and Celena Vigil and both were issued disorderly conduct tickets. Agent Larson stated that he pulled Ms. Aragon off of Ms. Vigil and immediately escorted her back to his patrol car to get the two women away from each other.

Agent Larson stated that when he talked to Ms. Aragon, she said that Ms. Vigil had thrown punches at her first. Agent Larson stated that he observed slurred speech and a moderate odor of alcohol on Ms. Aragon's breath. Agent Larson stated that Ms. Aragon had indicated that she had had a few drinks and had been drinking inside Armoni's. Agent Larson stated that Ms. Aragon said that the dispute started in Armoni's and went to the parking lot, where Ms. Vigil threw a punch and started the fight. Agent Larson stated his training in the detection of alcohol consumption. Agent Larson stated that Security pushed Ms. Vigil into her car and told her to leave. Agent Larson stated that other police agents found the car that Ms. Vigil was in and contacted her while he was speaking to Ms. Aragon. Agent Larson stated that he spoke to Ms. Vigil and she denied fighting with Ms. Aragon. Agent Larson stated that Ms. Vigil said she had been involved in a fight with two other people, not Ms. Aragon. Agent Larson stated that the group of people who were with Ms. Aragon were trying to continue the fight by stating that they knew where Ms. Vigil lived and that they would take up the issue again later. Agent Larson stated that after both parties were issued tickets for disorderly conduct, he and several other agents waited in the parking lot until the parking lot was clear and then left.

In answer to questions by Ms. Ewing, Agent Larson stated that there were three separate fights and a lot of spectators. Agent Larson stated that he would guess there were 150 to 200 people in the parking lot. Agent Larson stated that there are two bars in the area, the Penalty Box, which is across Jewell and there is another bar across Wadsworth. Agent Larson stated there is a significant distance between Armoni's and the Penalty Box, that there was a large parking lot as well as Jewell Ave. between Armoni's and the Penalty Box. Agent Larson stated that both participants in the fight had been in Armoni's and that Ms. Aragon had signs of intoxication. Agent Larson stated that Ms. Aragon had slurred speech, bloodshot eyes, and had admitted that she had had a few drinks in Armoni's. Agent Larson stated that he did not clarify how much time she had been in the bar. Agent Larson stated that, based on their statements, he thought the two females knew each other but they never mentioned that they knew each other to him. Agent Larson stated that he did not know what started the fight. Agent Larson stated that although Armoni's has a relatively small space, they pack the people in the bar and his opinion was the bar could hold 200 people. Agent Larson stated that Security had not called Lakewood but was trying to deal with one of the fights. Agent Larson stated that his lights and sirens broke two of the fights up. Agent Larson stated that Security jumped into the last fight at the end and that Security could not handle all of the fights. Agent Larson stated that he did not test Ms. Aragon for alcohol in her blood.

There were no further questions for Agent Larson and he was excused.

Kailyn Bragazzi, Lakewood Patrol Agent, was sworn in and in answer to Ms. Roth's questions, stated that on August 10, 2008 at approximately 2:04 a.m., she responded to Armoni's on a report of a fight. Agent Bragazzi stated that when she arrived on scene, there was a black jeep that was trying to make it over the curb and was surrounded by a mob of people. Agent Bragazzi stated that she could not tell if the people surrounding the jeep were trying to prevent it from leaving or if they were doing damage to it. Agent Bragazzi stated that she parked her vehicle in front of the jeep and got out of her car. Agent Bragazzi stated that a female, Sonia Montoya, came up to her and Ms. Montoya's eye was swollen almost shut. Agent Bragazzi stated that Ms. Montoya did not come from the jeep. Agent Bragazzi stated that Ms. Montoya told her that a female wearing an orange shirt, who was inside the jeep, was the one who had damaged her eye. Agent Bragazzi stated that shortly after Ms. Montoya came up to her, a female in an orange shirt, Bernadette Maestes, got out of the jeep and came up to her. Agent Bragazzi stated that because Ms. Maestes was there, she had to hand Ms. Montoya off to another agent to try and separate the two. Agent Bragazzi stated that she was going to start interviewing them, but it looked like another fight was about to break out in the parking lot between two males, Wayne Montoya and Michael Robinson, one of the security guards. Agent Bragazzi stated that she went over to the two males to prevent another fight from starting. Agent Bragazzi stated that the two men were verbally arguing and in each other's faces. Agent Bragazzi stated that she was trying to get everyone to leave the parking lot to stop all of the fights that were occurring. Agent Bragazzi stated that Mr. Montoya told her that he was not leaving because he wanted to press charges against Mr. Robinson for assault. Agent Bragazzi stated that she told Mr. Montoya, who was very uncooperative, that once she got things under control in the parking lot, she would come back and take his statement. Agent Bragazzi stated her training in the detection of alcohol consumption. Agent Bragazzi stated that West Metro Paramedics took Ms. Montoya to Lutheran Hospital. Agent Bragazzi stated that she was not able to respond to the hospital because she had to deal with Mr. Montoya, so she asked Agent Humphreys to respond to the hospital. Agent Bragazzi stated that Mr. Montoya was very intoxicated and he had very slurred speech, trouble maintaining his balance as he stood talking to her, the odor of alcohol on his person, and bloodshot, watery eyes. Agent Bragazzi stated that Mr. Montoya said that he was in the bar, not causing any problems, when Mr. Robinson picked him up in a full Nelson, carried him out of the bar and repeatedly slammed him against the concrete. Agent Bragazzi stated that she did not observe any injuries to Mr. Montoya. Agent Bragazzi stated that Mr. Montoya said that he was trying to break up a fight inside Armoni's between his sister, Ms. Montoya, and Ms. Maestes. Agent Bragazzi stated that Mr. Montoya said that the security guard then picked him up and escorted him out of the bar. Agent Bragazzi stated that the security guard, Mr. Robinson, said that Mr. Montoya was causing a disturbance inside Armoni's so he picked him up, lifted him off the ground, set him back down on the ground and told him to leave. Agent Bragazzi stated that Mr. Montoya said he had been in Armoni's all night.

In answer to Ms. Ewing's questions, Agent Bragazzi stated that the security guard, Michael Robinson, is a large man and that it would not have been hard for Mr. Robinson to remove Mr. Montoya from the bar. Agent Bragazzi stated that she did not cite the security guard because she did not find any evidence of assault. Agent Bragazzi stated that Mr. Montoya was causing a disturbance and was very uncooperative. Agent Bragazzi stated that she told Mr. Montoya that if he was causing a disturbance in the bar and was asked to leave, then he needed to leave and if he would not leave on his own, it was ok for the security guard to escort him out of the bar. Agent Bragazzi stated that Mr. Montoya told her that the disturbance between his sister and Ms. Maestes started inside of Armoni's. Agent Bragazzi stated that Mr. Montoya was very intoxicated but that she did not do a blood test on him or a Breathalyzer. Agent Bragazzi stated that she did not do a roadside sobriety test but that Mr. Montoya had trouble maintaining his balance while she was talking to him. Agent Bragazzi stated that she did not ask Mr. Montoya if he had any physical conditions that may have contributed to him having trouble with his balance. Agent Bragazzi stated that Mr. Montoya had all of the signs of intoxication. Agent Bragazzi stated that she did not know whether Mr. Montoya was drinking inside Armoni's or whether he went out to his car and was drinking. Agent Bragazzi stated there were no visible signs of injury on Mr. Montoya. Agent Bragazzi stated that she was dispatched to Armoni's in answer to a call made by Armoni's.

There were no further questions for Agent Bragazzi and she was excused.

Joanna Humphreys, Lakewood Patrol Agent, was sworn in and in answer to Ms. Roth's questions, stated that she responded to Armoni's on August 10, 2008 at approximately 2:09 a.m. Agent Humphreys stated that when she arrived on scene, Agent Bragazzi and Agent Paige were already on scene and there were several people in the parking lot. Agent Humphreys stated that it looked very chaotic. Agent Humphreys stated that she spoke to a witness, Angelica Gonzales, who flagged her down to tell her what she had seen. Agent Humphreys stated that Ms. Gonzales did not want to speak in front of anyone, at first, for fear of being beat up. Agent Humphreys stated that Ms. Gonzales said that she was inside the bar and dancing with her friend, Sonia Montoya, and two females, one wearing a black and white striped shirt, and one with long hair and glasses, were "talking smack" about another woman in the bar, who was wearing a brown shirt with diamonds on it. Agent Humphreys stated that Ms. Gonzales said that while they were "talking smack", she was dancing on the dance floor with Ms. Montoya. Agent Humphreys stated that Ms. Gonzales said that the girl in the brown shirt was talking to a male at the bar when another female in a cheetah print shirt walked over and said something to the girl in the brown shirt and the girl in the brown shirt laughed. Agent Humphreys stated that Ms. Gonzales said that while they were on the dance floor, another female in an orange shirt came up and pushed Ms. Montoya to the floor and kneed her. Agent Humphreys stated that Ms. Gonzales said that the female in the orange shirt, who was later identified as Bernadette Maestes, punched Ms. Montoya in the right side of her face with a closed fist. Agent Humphreys stated that Ms. Gonzales said that Ms. Maestes was leaning over Ms. Montoya on the floor, still hitting her and kneeing her, when another woman broke in and told Ms. Maestas that Ms. Montoya was the wrong girl and told her to stop. Agent Humphreys stated that Ms. Gonzales said that after Ms. Maestes walked away, the security guards took Ms. Maestes outside. Agent Humphreys stated that she then spoke to another witness, Breanna Stephano, who was Ms. Montoya's friend. Agent Humphreys stated that Ms. Stephano said that the girl in the brown shirt, Jennifer Landeros, was dancing with a male in the bar, who Ms. Stephano thought was the boyfriend of Ms. Maestes. Agent Humphreys stated that Ms. Stephano said that Ms. Maestes said something to Ms. Landeros and she walked away. Agent Humphreys stated that Ms. Stephano said that Ms. Montoya was dancing on the floor and Ms. Maestes had walked up Ms. Montoya and bumped into her and started hitting her. Agent Humphreys stated that Ms. Stephano said that after Ms. Maestes had spoken to Ms. Landeros and she had walked away from the male, then Ms. Maestes had proceeded to attack Ms. Montoya on the dance floor. Agent Humphreys stated that Ms. Stephano said that once Ms. Maestes attacked Ms. Montoya, she fell to the floor and Ms. Maestes continued to attack her, hitting her several times and kneeing her until Security came and took both women outside. Agent Humphreys stated that Ms. Stephano said that she and her friends went into the parking lot to find Ms. Montoya and while they were out there, they overheard Ms. Maestes and her friends bragging about beating Ms. Montoya up. Agent Humphreys stated that Ms. Stephano said that Ms. Montoya's brother tried to talk to Ms. Maestes and her friends as they proceeded to get in their vehicle and drive away. Agent Humphreys stated that Ms. Stephano said that at that time, she got the license plate number of the vehicle and called 911. Agent Humphreys stated that she then responded to Lutheran Hospital to speak with Ms. Montoya. Agent Humphreys stated that Ms. Montoya said that she was dancing on the dance floor at Armoni's when Ms. Maestes bumped into her. Agents Humphreys stated that Ms. Montoya said that she looked at Ms. Maestes and continued to dance and Ms. Maestes bumped into her again and the next thing she knew, she was "sucker punched" and fell to the floor where Ms. Maestes continued to hit her in the face and knee her. Agent Humphreys stated that Ms. Montoya said that she had been kneed in the head twice and hit four times. Agent Humphreys stated that Ms. Montoya had a swollen, black and blue left eye, a reddish, purplish bruise on her left shoulder, and a bump on her head about the size of a golf ball. Agent Humphreys stated that she had another agent respond to the hospital to take photographs of Ms. Montoya's injuries. Agent Humphreys stated that based on statements made by other witnesses in the parking lot, it was determined that both women would receive tickets for disorderly conduct.

In answer to questions from Ms. Ewing, Agent Humphreys stated that, in her opinion, a "sucker punch" would be a blindsided punch that was not expected. Agent Humphreys stated that her understanding was the incident was pretty short-lived inside Armoni's and that it happened in an instant without any warning. Agent Humphreys stated that it was not her opinion that Security intervened immediately; based on the fact that the female was hit so many times while she was on the floor. Agent Humphreys stated that Security was involved when the incident continued outside in the parking lot. Agent Humphreys stated that she did not know how much the individuals involved in the altercation had been drinking and that she did not see any signs of intoxication on Ms. Montoya.

There were no further questions for Agent Humphreys and she was excused.

Scott Paige, Lakewood Police Agent, was sworn in, and in answer to Ms. Roth's questions, Agent Paige stated that he responded to Armoni's on August 10, 2008 at approximately 2:08 a.m. Agent Paige stated that when he arrived on scene, Agent Bragazzi was out of her vehicle and was talking to a fair amount of individuals. Agent Paige stated that the scene appeared to be very chaotic and he parked behind Agent Bragazzi's patrol car, activated his overhead equipment, got out of his vehicle and assisted Agent Bragazzi. Agent Paige stated that after things settled down a little bit and some of the patrons had left the parking lot, Agent Bragazzi indicated that there was a female, Bernadette Maestas, who was involved in an incident inside the bar. Agent Paige stated that when he first got on scene, there were people yelling back and forth, tempers were flared between the various people in the parking lot and he was trying to get people separated and make the scene safe. Agent Paige stated that when he arrived, the scene was not under control. Agent Paige stated his training in the detection of alcohol consumption. Agent Paige stated that he spoke to Ms. Maestas and observed that she had slightly slurred speech and the odor of alcohol on her breath. Agent Paige stated that Ms. Maestes said that while she was in the bar, she was dancing and had been bumped a couple of times by an unknown female from behind. Agent Paige stated that Ms. Maestes said that when she turned around, the female made a threat towards her that she would kill her. Agent Paige stated that Ms. Maestes said that the female threw a punch at her but that she had dodged her way out of the punch and then she hit the female in the face with a closed fist. Agent Paige stated that Ms. Maestes said that shortly after she punched the female, Security came in and pulled them apart and escorted them outside. Agent Paige stated that Ms. Maestes identified the female that she punched as Sonia Montoya. Agent Paige stated that Ms. Maestes had on an orange shirt that evening. Agent Paige stated that Ms. Maestes said that she had three beers in Armoni's and that she got to Armoni's at approximately 11:30 p.m. Agent Paige stated that he issued Ms. Maestes a summons for disorderly conduct.

In answer to questions from Ms. Ewing, Agent Paige stated that Agent Bragazzi was trying to communicate with about 20 people, but that there were more people in the parking lot who were starting to disperse. Agent Paige stated that the people surrounding Agent Bragazzi appeared to have been involved in some type of incident and were yelling. Agent Paige stated that Ms. Maestes said that another woman had threatened her but that she had not told Security about it nor did she leave the bar. Agent Paige stated that a more accurate statement would be that Ms. Maestas had consumed alcohol rather than being intoxicated. Agent Paige stated that Security was in the parking lot when he arrived.

There were no further questions for Agent Paige and he was excused.

Ms. Roth stated that regarding the incident on August 2, 2008, the police agent, who was going to testify, had to leave to go to county court so she was dismissing the charge contained in paragraph #4 of the complaint.

The Authority recessed at 4:04 p.m. and was back in session at 4:10 p.m.

Joseph Williams, 6990 W. Cedar Ave., Unit 408, Lakewood, CO 80226, was sworn in and in answer to Ms. Ewing's questions, stated that he was the owner of Armoni's. Mr. Williams stated that he was present in the bar when the incidents occurred. Mr. Williams stated that Armoni's had been in business for a year and a half and that his customers were primarily Hispanic, 28 years old and up. Mr. Williams stated that 95% of the people who came into the bar were regular customers. Mr. Williams stated that the people involved in the three incidents were not regulars. Mr. Williams stated that he had never seen them before and they had not been back since. Mr. Williams stated that to try to control the fighting, he had signs in the bar that stated that if anyone was caught fighting, they would be turned over to the police, signs that stated "No Gang Signs", and signs that stated "No Hats or T-Shirts". Mr. Williams stated that when he first opened the bar, he realized that people would get into stuff and then they would run out to their car and be gone, so he bought a computer that scans in the I.D.'s of everyone who comes into the club, which stopped all of the problems. Mr. Williams stated that everyone is patted down before entering the club to make sure no weapons get into the club and the patrons can only enter the club from the east entrance. Mr. Williams stated that they then stamp the patrons hands so his employees know that the patrons have been checked before entering the club. Mr. Williams stated that he generally has four or five security guards working at the club and that the capacity of the club is 145 people. Mr. Williams stated that in addition to the security guards, he has five other employees working at the club, as well as himself. Mr. Williams stated that he has approximately a one to fifteen ratio of staff to patrons. Mr. Williams stated that his staff is supposed to watch for signs of intoxication. Mr. Williams stated that if customers were arguing or being aggressive, they generally pulled them aside and asked them if they could handle this or should they just let them go. Mr. Williams stated that if they feel they should let them go, they let them go. Mr. Williams stated that, generally, they give them a warning but if they get into any problems, they are out. Mr. Williams stated that if patrons get into any kind of an argument, then one of the patrons has to leave, and then his employees come back and make the other person leave, too. Mr. Williams stated that if anyone gets into an argument, they could not stay in the club that night. Mr. Williams stated that he has not had any problems with drugs or prostitution in the club. Mr. Williams stated that he was there 99% of the time. Mr. Williams stated that he remembered each of the three incidents. Mr. Williams stated that people, who know him and his employees, know to come to them and tell them what's going on. Mr. Williams stated that they will talk to the people involved and if they seem like they cannot get along, then they are removed from the bar.

Mr. Williams stated on August 10, 2008, when Wayne Montoya got into a fight, there was a party going on in the bar from 4:00 p.m. to 2:00 a.m. Mr. Williams stated there had not been one incident all night long and then at the end of the night, at 11:45 p.m., one girl did something, no one knew why, and his employees took her outside. Mr. Williams stated that Mr. Montoya did not want to leave. Mr. Williams stated that a girl swung at another girl or through a couple of punches, but immediately the security guards separated the girls and took them outside. Mr. Williams stated that the brother, Mr. Montoya, did not want to leave, so his security guard kept talking to him in the club. Mr. Williams stated that there cannot be any confrontations in the club and his employees have to get them out of there. Mr. Williams stated that if people see an argument in the club, they do not feel safe. Mr. Williams stated that he watched the security guard, "X", pick up Mr. Montoya and take him outside. Mr. Williams said the security guard's name was Sean but that he did not know Sean's last name but that everyone calls him "X". Mr. Williams stated that when "X" removed Mr. Montoya, he was upset, "he was out of his mind" because he could not sit in the club and tear up everything. Mr. Williams stated that Mr. Montoya talked to the police and said that he had been beaten up but the police looked for signs that Mr. Montoya had been beaten up and there were no signs. Mr. Williams stated that he went outside and that Mr. Montoya just kept causing trouble. Mr. Williams stated that "X" told Mr. Montoya that he needed to go home but Mr. Montoya would not go home. Mr. Williams stated that they ended up calling the police because Mr. Montoya was beating on the back of people's cars and causing trouble. Mr. Williams stated that the fight in the club broke out between Mr. Montoya's sister and another girl. Mr. Williams stated that before the fight broke out, Mr. Montoya showed no signs of intoxication or anger and there were no warning signs of trouble. Mr. Williams stated that, generally, he is behind the bar on most nights but he also walks around the club and makes sure things are ok. Mr. Williams stated that his security guards walk around the club, also. Mr. Williams stated that he saw Mr. Montoya "out of his mind" in the parking lot. Mr. Williams stated that the police asked Mr. Montoya to go home and he would not go home. Mr. Williams stated that he had been in the bar business for over ten years. Mr. Williams stated that he had never been in a club where there weren't some complications. Mr. Williams stated that no matter what club or bar a person owns, there were going to be arguments. Mr. Williams stated that what matters is how the situation is handled. Mr. Williams stated that when he first opened up, he personally went down to the Lakewood Police Department and talked to some of the officers. Mr. Williams told the police that he wanted to run a clean bar. Mr. Williams stated that since these incidents had occurred, he went down and talked to the police again. Mr. Williams stated that he had not had any problems for six or seven months prior to these incidents. Mr. Williams stated that since August 10, 2008, he has not had any further incidents. Mr. Williams stated that he did not know why people acted the way they act but incidents just happen every once in a while.

Mr. Williams stated that the incident that happened on June 28, 2008, where there was a fight between two women in the parking lot, the bar was closing and everyone was supposed to be going home. Mr. Williams stated that he did not know why it happened but Slugger, his security guard, said that the two women got into an argument but by the time Slugger got over there, the fight was over. Mr. Williams stated that Slugger said that there were not three or four fights going on in the parking lot, just two women who were arguing. Mr. Williams stated that he talked to one of the agents, who said there were all these fights going on outside, and Mr. Williams then went outside. Mr. Williams said that he asked her what fights was she talking about and the police agent said there were three or four fights going on and Mr. Williams stated that there was only one argument going on between the two girls. Mr. Williams stated that he did not see any massive thing going on; he just saw two girls arguing. Mr. Williams stated that all of the police ran to the other side of the parking lot because there was supposedly something going on over there. Mr. Williams stated that the patrol agent told him that his bar was a bad place. Mr. Williams stated that he told her that they hadn't had any problems in seven or eight months. Mr. Williams stated that he told her that he had a lot of security and the agent asked him why he needed six or seven security guards and he told her it was because he wanted these people to go home. Mr. Williams stated that he wanted his customers to be safe while they were in his bar.

Mr. Williams stated that he was present in the bar when the incident occurred on May 31, 2008 where the girl collapsed in the bar. Mr. Williams stated that he noticed that there was a scuffle or something going on near the dance floor. Mr. Williams stated that his security had grabbed some guys and one of the guys attacked one of his security guards and Security took them all outside. Mr. Williams stated that as Security was taking the guys outside, a girl was on the floor. Mr. Williams stated that in Lakewood or anywhere else, a bar owner and their employees do not want to call the police. Mr. Williams stated that he told Security to call the police because the girl was on the floor. Mr. Williams stated that no one called the police before that. Mr. Williams stated that he called the police because he was concerned about the girl's life. Mr. Williams stated that the girl was not ok and he personally watched over that situation because it was really scary to him. Mr. Williams stated that he talked to his security guards, Jay and Slugger. Mr. Williams stated that Jay said there were two guys in the bar that were throwing up gang signs and Jay asked them to stop throwing up gang signs. Mr. Williams stated that Jay said that after he asked them again, the two guys kept throwing up gang signs, so Jay and Slugger removed them. Mr. Williams stated that when Slugger tried to remove one of the guys, the guy's friend jumped on Slugger's back and Jay then helped Slugger remove the guys. Mr. Williams stated that's when he noticed the girl was on the floor. Mr. Williams stated that he talked to her friends and her friends said the girl had just had breast surgery and she only had two drinks. Mr. Williams stated that she was not drunk. Mr. Williams stated that he thought the girl would get up in a few minutes and she did not do that so he called the police. Mr. Williams stated that the way things are set up right now; he does not want to call the police if there is an incident. Mr. Williams stated that when two people get into a fight at the bar, his policy is to ask them if he needs to call the police or can they leave the problem alone and go their own way. Mr. Williams stated that if he needs to call the police, he does. Mr. Williams stated that he could look at a person and tell if that person has had too much to drink. Mr. Williams stated that one of the reasons he was having so many problems was because he cares and does not want people who are drunk in his bar because they will end up fighting. Mr. Williams stated that the people involved in the incidents might have been drinking before they got to the bar. Mr. Williams stated that if a customer has had too much to drink, he and his employees take care of it. Mr. Williams stated that it was his dream to open and operate a successful bar. Mr. Williams stated that in any bar there are going to be some problems. Mr. Williams stated that he does not put up with drugs or gang bangers and he does everything that he can to keep people safe. Mr. Williams stated that every once in a while there was going to be an incident.

In answer to Ms. Roth's questions, Mr. Williams stated that some sort of incident did occur on the three nights referenced in the complaint.

Ms. Roth stated that the Authority heard testimony that on May 31, 2008, according to the police agents, a fight was taking place at Armoni's, and when the police arrived, there was a female who was unresponsive on the floor. Ms. Roth stated that the witnesses had different opinions as to what had occurred with this female, but what was consistent from the witnesses, was that a fight had occurred previous to this female ending up on the floor. Ms. Roth stated that there was different testimony as to how much this female had to drink. Ms. Roth stated that Ms Quintana's friend, who was the designated driver, did not exhibit any signs of intoxication, said that Ms. Quintana had consumed four or five drinks that night. Ms. Roth stated that there are not a lot of details from the fight, just that the fight occurred that night. Ms. Roth stated that when Agent Larson arrived, the security guards stated to him that the fight had taken place, but that the individuals involved in the fight had been let go because the first priority was tending to Ms. Quintana.

Ms. Roth stated that the Authority also heard from Agent Larson that on June 28th, he was driving by and observed chaos in the parking lot of Armoni's. Ms. Roth stated that when Agent Larson stopped, he observed three separate fights occurring, two of which broke up when he entered the parking lot, and the third fight he broke up himself. Ms. Roth stated that Agent Larson's testimony was that the fight had started inside Armoni's and at least one of the people involved in the fight had been drinking inside the bar that night and exhibited signs of intoxication. Ms. Roth stated that Agent Larson had stated that the scene in the parking lot was not under control by the security guards.

Ms. Roth stated the third incident occurred on August 10th, where Agent Bragazzi arrived on scene and found the parking lot was chaotic again and not under control. Ms. Roth stated that further investigation revealed that a fight had occurred inside Armoni's between two females, one of those females later being transported to the hospital. Ms. Roth stated that another patron of the establishment, Mr. Montoya, who was visibly intoxicated, according to the police agents, claimed to have been beaten up by a security guard but that claim was unfounded. Ms. Roth stated that part of the premises of Armoni's is the parking lot and the owner is responsible for that area, as well as the inside of the bar. Ms. Roth stated that the testimony heard from the agents was that all three of the incidents began inside of Armoni's and two of them continued out into the parking lot. Ms. Roth stated that while Security may have been involved and may have broken up incidents inside the establishment, it is clear from the agents' testimony that the parking lot area was not being controlled, at least on two of the incidents. Ms. Roth stated that the parking lot was chaotic and the patrol agents had to break up the fights and move people along. Ms. Roth asked the Authority to find that there had been a violation of Regulation 47-900. Ms. Roth stated that this regulation mandates that a licensed premise is conducted in a decent, orderly and respectful manner, as well as it mandates that a licensee not permit rowdiness, undue noise or other disturbances or activities offensive to the senses of the average citizen. Ms. Roth stated that there was a lot of talk about who was and was not visibly intoxicated during those incidents, but the regulation does not require the people involved in the rowdiness or disturbances to be visibly intoxicated. Ms. Roth stated that although it is important to know what was going on, she did not have to prove they were intoxicated and served by the Armoni's staff. Ms. Roth stated that although there are details that are missing, the bottom line was that these fights occurred in a relatively short period of time and this was a violation of Regulation 47-900.

Ms. Ewing stated that the language of the statute is important. Ms. Ewing stated that Mr. Williams was in the bar business so people would have been drinking. Ms. Ewing stated that there was no convincing testimony that any of these people were over served or intoxicated. Ms. Ewing stated that Ms. Roth was correct that Mr. Williams did need to control his premises, but the language stated that Mr. Williams had to knowingly violate the regulation, knowingly permit rowdiness, undue noise or disturbances. Ms. Ewing stated that there had been three incidences since May. One of the incidents, although there had been a fight, Security had had control of that situation and had removed the patrons who were fighting. Ms. Ewing stated that this incident involved a woman who apparently was drinking while taking Percocet. Ms. Ewing stated that there was no way anyone at Armoni's would have known that. Ms. Ewing stated that there had been no testimony that had shown that anybody there had seen any signs of intoxication or any credible testimony as to how much the woman had had to drink. Ms. Ewing stated that there could have been other reasons why she collapsed and Mr. Williams did the right thing by calling the police. Ms. Ewing stated that people who were unknown to Mr. Williams and his staff caused the other two incidents. Ms. Ewing stated that the two incidents erupted quickly and Security took care of the problems by removing the patrons involved from the bar and, in one instance, calling the police. Ms. Ewing stated that the regulation was not a strict liability statute. Mr. Williams testified to all of the measures he had taken to prevent problems and he was concerned about these problems. Ms. Ewing stated that Mr. Williams testified that the majority of his customers were repeat customers and that the people involved in these incidents were not regular customers. Ms. Ewing stated that there was nothing in the testimony that suggested that Mr. Williams or his staff should have known that these incidents were going to erupt. Ms. Ewing stated that under this standard, there would not be a club in Lakewood that could serve alcohol. Ms. Ewing stated that there are a lot of problems in society today, some of them are related to alcohol or exacerbated by alcohol, but it is not illegal to serve alcohol. Ms. Ewing stated that in some of these incidences, it was not known if alcohol played a part in them. Ms. Ewing stated that in one of the incidents, the man erupted because Security did what they were supposed to do and removed his sister from the bar because she had been fighting. Ms. Ewing stated that Mr. Williams testified that he went to the police around the time of the incidences and tried to talk about ways he could prevent problems from occurring. Ms. Ewing stated that Mr. Williams had put measures into place to prevent trouble. Ms. Ewing stated that Mr. Williams was present at the club, had a high ratio of security guards, had invested in scanning and technology devices to try to weed out minors and people who had criminal problems and people that had been there before and caused problems. Ms. Ewing stated that Mr. Williams had instituted just about everything that he could do to control the problems. Ms. Ewing stated that Mr. Williams had people circulating the bar during the whole time it was open, looking for people who were showing signs of intoxication and, if they were, Mr. Williams stopped serving them alcohol or asked them to leave. Ms. Ewing stated that if they did not want to leave, they were removed when they started getting argumentative or showing signs of causing problems. Ms. Ewing stated that she was not sure what Mr. Williams could do to prevent further problems. Ms. Ewing stated that incidents do occur, and that although they are troublesome, and considering the demographics of the population where his bar is located, he was doing everything that he could do. Ms. Ewing stated that Mr. Williams saw this establishment as security for his son and himself. Ms. Ewing stated that it was important to Mr. Williams to run an establishment that would succeed over the long term and not just the short term. Ms. Ewing stated that because of these reasons, there was no preponderance of the evidence that showed that Mr. Williams knowingly permitted these incidents to take place. Ms. Ewing stated that Mr. Williams tried to intervene to control the incidents when they started to occur.

Mr. Miller continued the matter for Findings and Conclusions and entry of an Order to November 13, 2008 at 2:00 p.m.

ITEM 5 - GENERAL BUSINESS

There was no general business to be discussed.

ITEM 6 - ADJOURNMENT

There being no further business to come before the Authority, Richard Miller adjourned the meeting at 4:52 p.m.

Richard Miller, Hearing Officer, Lakewood Liquor and Fermented Malt Beverage Licensing Authority

Joyce Wamboldt, Liquor Licensing Specialist

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