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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.
Mr. Miller stated that no one appeared to be present on behalf of Armoni's which was Item 2 on the Agenda. Mr. Miller moved Item 2 after Item 3 on the agenda.
ITEM 3 - SHOW CAUSE HEARING
Hotel & Restaurant License
Brinker Restaurant Corporation
d/b/a Macaroni Grill
14245 W. Colfax Ave.
Robert Dill, Registration No. 5725, stated that he was representing Brinker Restaurant Corporation.
Ms. Roth, Chief Municipal Prosecutor, stated the violation, sale to a minor, was due to a compliance check on October 16, 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. Roth stated that the fine would be paid at the hearing through an arrangement that had been agreed upon between the City Clerk's Office, Mr. Paul Kennebeck, Deputy City Attorney for the City of Lakewood, and Mr. Dill.
Mr. Dill stated that on November 7, 2008, he did hand-deliver, to the City Clerk's Office, financial records showing the total sales of alcoholic beverages at this particular restaurant from October 29, 2008 through and including November 2, 2008. Mr. Dill stated that the total sale of alcoholic beverages was $6,315.94. Mr. Dill stated that 20% of that figure, which is the statutory method by which a fine is calculated, was $1,263.18. Mr. Dill stated that he brought a check to the hearing in that amount payable to the City of Lakewood. Mr. Dill stated that the reason he was asking the Liquor Licensing Authority to consider accepting the fine today was that the company was going to be sold to another company, which included all of the Macaroni Grill's throughout the United States, which was in excess of 200 restaurants. Mr. Dill stated that unless they were able to resolve this particular matter before the date of the closing, the overall sale could not go through. Mr. Dill stated that he was asking the Authority to accept their admission to the violation and to accept what he believed to be the appropriate fine
Bryan Rodenbeck, 1033 S. Mobile St., Aurora, CO 80017, was sworn in and stated that he was the managing member of the Macaroni Grill on 14245 W. Colfax Ave. Mr. Rodenbeck stated that the employee who served the minor was terminated. Mr. Rodenbeck explained the company's alcohol training program and the company's policy regarding the sale of alcohol. Mr. Rodenbeck stated that the nationwide closing was scheduled to take place on November 20, 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 Brinker Restaurant Corporation, d/b/a Macaroni Grill. A suspension of five days be imposed commencing on October 29, 2008 and ending on November 3, 2008 with no days being held in abeyance. Mr. Miller found that Brinker Restaurant Corporation, d/b/a Macaroni Grill, be permitted to pay a fine in lieu of five days actual suspension imposed.
ITEM 2 - SHOW CAUSE HEARING (Continued from September 23 2008)
Tavern License
Armoni's, LLC
d/b/a Armoni's
7576 W. Jewell Ave.
Lena Ewing, Registration No. 28627, stated that she was representing the licensee. Ms. Ewing stated that the owner of Armoni's, Mr. Joseph Williams, was also present.
Mr. Miller stated that Ms. Ewing and Ms. Roth had been given copies of the Findings and Conclusions regarding this matter. Mr. Miller stated that the Liquor Licensing Authority found that the violations had occurred based on the evidence. Mr. Miller stated that he found that three of the incidents cited in the complaint, May 31, 2008, June 28, 2008 and August 10, 2008, involved fights within the licensed premises and two of the fights were continued outside in areas under the ownership and control of the licensee. Mr. Miller stated that patrons in two of the three incidents required medical assistance from West Metro Fire District Paramedics and the patrons were transported by ambulance for further treatment. Mr. Miller stated that in all three incidents, employees of the licensee were involved in the disturbances. Mr. Miller stated that in the case of the May 31st incident, employees broke up a fight shortly before the female was found unresponsive on the floor. Mr. Miller stated that she was hit with a security guards flashlight or was knocked down during the fight or passed out as a result of mixing alcohol and a painkiller or some other undetermined cause. Mr. Miller stated that in the August 10th incident, employees forcibly removed Mr. Montoya from the inside of Armoni's and were then involved in a confrontation with him in the parking lot. Mr. Miller stated that all three incidents occurred at or about the time the licensee was closing, May 31st at or about 1:45 a.m., June 28th at or about 1:57 a.m., and August 10th at or about 2:00 a.m. Mr. Miller stated that at the request of the City, the fourth charge was dismissed and the Authority had given no further consideration of that matter. Mr. Miller stated that the pertinent regulation, which was cited as the basis for the complaint in all three instances, was Regulation 47-900, Conduct of Establishment. Mr. Miller stated that for purposes of evaluating the licensee's responsibilities for the conduct of it's premises, in the three incidents identified in the complaint, the Authority believed the operative part of the regulation was, "shall conduct the licensed premise in a decent, orderly and respectable manner" and "nor shall a licensee permit rowdiness, undue noise or other disturbances or activity offensive to the senses of the average citizen." Mr. Miller stated that in each of the incidents cited, public resources in the form of police and paramedics were required to be dispatched to the premises to restore order, prevent further injury to patrons of the licensee or the property and to provide medical care to injured patrons. Mr. Miller stated that in each case, those involved had been drinking alcoholic beverages inside Armoni's before the incidents occurred.
Mr. Miller stated that the licensee's position that he did not permit these assaults or the breakdown in order and control was not a sufficient defense to the charge and violations. Mr. Miller stated that the licensee must act affirmatively under Colorado law to prevent violations of the Colorado Liquor Code and other state and municipal law. Mr. Miller stated there was a correction in Paragraph 44, which should read, "Regulation 47-900A" of the Findings and Conclusions. Mr. Miller stated that the standard under the subparts of Regulations 47-900A that apply to these incidents is "to permit" and that the standard of "knowingly permit" is applicable only to the newly added phrase dealing with acts, "defined by and provided for in Section 18-9-106 C.R.S." Mr. Miller stated that it was not a sufficient response to an incident to remove the patron from the bar, just to continue to escalate the disturbance in the parking lot, an area under the control and ownership of the licensee, as was the case in the two largest disturbances on June 28th and August 10th. Mr. Miller stated that the owner of the licensee testified to the measures taken to prevent the disorder and threats to person and property; however, these measures are clearly not working or adequate. Mr. Miller stated that no measures to insure an orderly and prompt exit for patrons at closing time were identified nor were there any measures described to remove troublesome patrons, not just from the building, but from the parking lot, as well. Mr. Miller stated that it was the conclusion of the Authority that on May 31, 2008 at or about 1:45 a.m., on June 28, 2008 at or about 2:00 a.m. and on August 10, 2008 at or about 2:00 a.m., the licensee failed to conduct the licensed premises in a decent, orderly and respectable manner and permitted rowdiness, undue noise or other activity offensive to the senses of the average citizen. Mr. Miller stated that in arriving at these Findings and Conclusions, he was treating them as a single offense and would have reached the same conclusion, had he not found all three of the incidents to be well founded. Mr. Miller stated the disciplinary history of Armoni's; stating the licensee failed a compliance check on August 15, 2007, where alcohol was served to a minor, the hearing was held on December 13, 2007 with sanctions of a ten-day suspension with five days served and five days held in abeyance for one year. Mr. Miller stated there had been a problem with the licensee's cash register receipts and on February 28, 2008, the Liquor Licensing Authority established new dates for the audit and the City was finally able to do an audit and establish the fine. Mr. Miller stated that a hearing was held on February 28, 2008 for a complaint of Conduct of Establishment, which occurred on October 27, 2007, at which time a ten-day suspension was imposed with three days being served and seven days being held in abeyance for one year.
Ms. Ewing stated that the record of the violations was correct as stated. Ms. Ewing stated that Mr. Williams was dealing with a demographic population that was difficult to control. Ms. Ewing stated that Mr. Williams gave testimony stating the measures he had taken to attempt to control the patrons. Ms. Ewing stated that in each incident, Security was involved in handling the situation. Ms. Ewing stated that Armoni's policy, after the first violation of serving alcohol to a minor, was to scan the identities of everyone who entered. Ms. Ewing stated there was a security guard placed at the door to frisk patrons, there are security guards circulating throughout the bar, and there are signs posted that state that "Fights will be reported to the Police". Ms. Ewing stated that after one of these incidents, Mr. Williams met with Sgt. Major to try and determine if there were things he could do differently. Ms. Ewing stated that Mr. Williams was trying everything that he knew how to do to control the patrons. Ms. Ewing stated that the incidents that occurred in this complaint were within a short period of time, but that Mr. Williams had gone months without any violations both before and after these incidents occurred. Ms. Ewing stated that Armoni's was a small business and that Mr. Williams was having trouble financially. Ms. Ewing stated that Mr. Williams was providing jobs and was trying to provide a safe place where people could go to have some entertainment. Ms. Ewing stated that the Authority should consider the steps Mr. Williams had taken and give him a minimum sanction. Ms. Ewing stated that a long sanction would put Mr. Williams out of business. Ms. Ewing stated that if the Authority could compare the incidents at Armoni's with his competitors, the Authority would find that there are fewer incidents at Armoni's than with his competitors. Ms. Ewing stated that it was unfortunate that the incidents occurred within a short period of time.
Ms. Roth stated that based on the history of this establishment over the last year, the City was requesting a significant suspension to include the seven days that were being held in abeyance. Ms. Roth stated that Sgt. Major was also at the hearing to make a statement with regard to whether there had been further violations. Ms. Roth stated that it was her understanding that the police had responded to Armoni's on a couple of occasions.
Robert Major, Lakewood Police Department Sergeant, stated that there had been two more incidents, one on September 28, 2008 on a third degree assault and another one on October 15, 2008 with a criminal mischief that stemmed from Armoni's.
Ms. Ewing stated that Mr. Williams had no knowledge of these two incidents.
Mr. Miller stated that he would not give these two incidents any consideration in terms of the penalty.
Joseph Williams, owner of Armoni's, stated that he had talked with Sgt. Major and that it was a difficult business. Mr. Williams stated that he had done a great job and that he had security. Mr. Williams stated that when the girl fell over, it really upset him. Mr. Williams stated that anybody can say anything about a situation but what bothered him about this was that he had a person suing him because she fell down, he had the police stating that they were coming to his bar every day of the weekend and that it was constantly one thing after another. Mr. Williams stated that he had done everything in his power to stop the incidents from occurring. Mr. Williams stated that he had the police coming by saying that they were going to shut the place down. Mr. Williams stated that he had it on video camera of the police standing outside of his bar, running his business away.
Mr. Miller stated that he understood the problem that Ms. Ewing had alluded to. Mr. Miller stated that maybe it was the business model and that maybe the business Mr. Williams planned could be conducted in a way that it would not be the problem that it was now. Mr. Miller stated that it was a problem for the police. Mr. Miller stated that the disorder that the police ran into on at least two of these occasions, he had to admire their strength and courage to go into those situations. Mr. Miller stated that the incidents could not continue and that Mr. Williams must find a solution.
Mr. Miller stated that there were 12 days of suspension that had been held in abeyance. Mr. Miller stated that all three incidents occurred within 12 months of the hearings at which the days in abeyance were imposed. Mr. Miller stated that the Authority had no option but to impose the five days that were held in abeyance as a result of the hearing on December 13, 2007 and the seven days that were held in abeyance as a result of the hearing on February 28, 2008. Mr. Miller stated that he would not start the suspension for fifteen days to allow the licensee time to decide whether he wanted to appeal the matter. Mr. Miller stated that the suspension for the days held in abeyance would start at 7:00 a.m. on November 29, 2009 and end on December 11, 2008 at 7:00 a.m.
Mr. Miller found that the violation that was alleged in the complaint had occurred and the following penalty be imposed upon Armoni's, LLC, d/b/a Armoni's. 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 November 13, 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 did occur within one year from November 13, 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. January 5, 2009 and end on January 10, 2009 at 7:00 a.m.
Ms. Ewing asked if the Authority would change the dates of suspension to January 4, 2009 and end on January 9, 2009.
Mr. Miller amended the five days to be served to January 4, 2009 at 7:00 a.m. and end on January 9, 2009 at 7:00 a.m.
ITEM 4 - GENERAL BUSINESS
Ms. Roth stated that there were eight complaints being brought forward for motions to show cause.
Ms. Roth stated the first complaint was against Pattaya Thai, LLC., d/b/a Pattaya
Thai, 1571 Wadsworth Blvd., for an alleged violation of Sale to a Minor.
Mr. Miller found there was probable cause to believe that a violation of the
Colorado and/or Lakewood codes had occurred and to serve a notice of hearing
and order to show cause why the Hotel & Restaurant License held by Pattaya
Thai, LLC., d/b/a Pattaya Thai, 1571 Wadsworth Blvd., should not be suspended
or revoked, such hearing to be held on January 8, 2009.
Ms. Roth stated the second complaint was against SWH Corporation, d/b/a Mimi's Cafe, 14265 W. Colfax Ave., for an alleged violation of Sale to a Minor.
Mr. Miller found there was probable cause to believe that a violation of the Colorado and/or Lakewood codes had occurred and to serve a notice of hearing and order to show cause why the Hotel & Restaurant License held by SWH Corporation, d/b/a Mimi's Cafe, 14265 W. Colfax Ave., should not be suspended or revoked, such hearing to be held on January 8, 2009.
Ms. Roth stated the third complaint was against Demetrios & Maria Verdos, d/b/a Valley Inn Restaurant, 1997 S. Wadsworth Blvd., for an alleged violation of Sale to a Minor.
Mr. Miller found there was probable cause to believe that a violation of the Colorado and/or Lakewood codes had occurred and to serve a notice of hearing and order to show cause why the Hotel & Restaurant License held by Demetrios & Maria Verdos, d/b/a Valley Inn Restaurant, 1997 S. Wadsworth Blvd., should not be suspended or revoked, such hearing to be held on January 22, 2009.
Ms. Roth stated the fourth complaint was against RLJ II-R Lakewood, White Lodging Services Corporation, d/b/a Residence Inn by Marriott, 7050 W. Hampden Ave., for an alleged violation of Sale to a Minor.
Mr. Miller found there was probable cause to believe that a violation of the Colorado and/or Lakewood codes had occurred and to serve a notice of hearing and order to show cause why the Hotel & Restaurant License held by RLJ II-R Lakewood, White Lodging Services Corporation, d/b/a Residence Inn by Marriott, 7050 W. Hampden Ave., should not be suspended or revoked, such hearing to be held on January 22, 2009.
Ms. Roth stated the fifth complaint was against BKM Investments, Inc., d/b/a Hart's Corner Bar, 5201 W. Mississippi Ave., for an alleged violation of Conduct of Establishment.
Mr. Miller found there was probable cause to believe that a violation of the Colorado and/or Lakewood codes had occurred and to serve a notice of hearing and order to show cause why the Tavern License held by BKM Investments, Inc., d/b/a Hart's Corner Bar, 5201 W. Mississippi Ave., should not be suspended or revoked, such hearing to be held on January 8, 2009.
Ms. Roth stated the sixth complaint was against El Torito Bar & Grill, LLC., d/b/a El Torito Bar & Grill, 999 Sheridan Blvd., for an alleged violation of Conduct of Establishment.
Mr. Miller found there was probable cause to believe that a violation of the Colorado and/or Lakewood codes had occurred and to serve a notice of hearing and order to show cause why the Tavern License held El Torito Bar & Grill, LLC., d/b/a El Torito Bar & Grill, 999 Sheridan Blvd., should not be suspended or revoked, such hearing to be held on January 22, 2009.
Ms. Roth stated the seventh complaint was against La Ballerina, LLC., d/b/a La Ballerina, 5660 W. Colfax Ave., for an alleged violation of Conduct of Establishment.
Mr. Miller found there was probable cause to believe that a violation of the Colorado and/or Lakewood codes had occurred and to serve a notice of hearing and order to show cause why the Tavern License held La Ballerina, LLC., d/b/a La Ballerina, 5660 W. Colfax Ave., should not be suspended or revoked, such hearing to be held on January 8, 2009.
Ms. Roth stated the eighth complaint was against ZRC Operations Company, Inc., d/b/a Qdoba Mexican Grill, 14231 W. Colfax Ave., for an alleged violation of Sale to Minor.
Mr. Miller found there was probable cause to believe that a violation of the Colorado and/or Lakewood codes had occurred and to serve a notice of hearing and order to show cause why the Hotel & Restaurant License held ZRC Operations Company, Inc., d/b/a Qdoba Mexican Grill, 14231 W. Colfax Ave., should not be suspended or revoked, such hearing to be held on January 22, 2009.
ITEM 5 - ADJOURNMENT
There being no further business to come before the Authority, Richard Miller adjourned the meeting at 3:03 p.m.
Richard Miller, Hearing Officer, Lakewood Liquor and Fermented Malt Beverage Licensing Authority
Joyce Wamboldt, Liquor Licensing Specialist
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