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MINUTES
REGULAR MEETING OF
LAKEWOOD LIQUOR AND FERMENTED MALT BEVERAGE
LICENSING AUTHORITY
January 8, 2009
A Regular Meeting of the Lakewood Liquor and Fermented Malt Beverage Licensing Authority was held on this date in the City Council Chambers.
ITEM 1 – CALL TO ORDER
Hearing Officer Richard Miller called the meeting to order at 2:05 p.m.
ITEM 2 – NEW APPLICATION
Retail Liquor License
3K Corporation
d/b/a In and Out Liquors
7007 W. Colfax Ave.
Kristine Hoeltgen, Registration No. 8321, stated she was the attorney representing the applicant.
Mr. Kennebeck, Lakewood Deputy City Attorney, stated that his office had review the application and it appeared to be in order.
Max Scott, 1216 Tiperary Street, Boulder, CO, was sworn in and stated that he was the owner of Oedipus, Inc. and was retained to do the petitioning for 3K Corporation.
Mr. Scott stated the procedures used to do the petitions and explained the results of the survey.
Ron Wasinger, 11596 W. Colfax Ave., #2, Lakewood, CO 80215, was sworn in and stated that he was the landlord of the property at 7007 W. Colfax Ave. Mr. Wasinger stated he was in favor of the liquor license being issued.
Daniel Kim, 764 S. Galena St., Denver, CO 80247, was sworn in and stated that he was the owner of In and Out Liquors. Mr. Kim stated his experience in the alcohol business. Mr. Kim stated his policies regarding the sale of alcohol to minors and intoxicated persons.
There was a question and answer period between Mr. Miller and Mr. Kim.
Catherine Valko, 1475 Reed St., Lakewood, CO 80214, was sworn in and stated that she was in favor of the liquor license being issued.
Joyce Pigg, 1475 Reed St., Lakewood, CO 80214, was sworn in and stated that she was in favor of the liquor license being issued.
Ms. Hoeltgen submitted six letters from people who could not attend the hearing who wanted to state that they were in favor of the liquor license being issued.
Ms. Hoeltgen stated that they had submitted petitions with over 96% of the signatures in favor of the license being granted, as well as three witnesses who testified in favor of the license, and six letters in favor of the license. Ms. Hoeltgen stated that they had proven that the neighborhood does need and want the liquor license to be granted.
Mr. Miller having found that all of the requirements for a Retail Liquor License had been satisfied, approved the application for a Retail Liquor License for 3K Corporation,
d/b/a In and Out Liquors, located at 7007 W. Colfax Ave., 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
Pattaya Thai, LLC
d/b/a Pattaya Thai
1571 Wadsworth Blvd.
Mr. Kennebeck, Deputy City Attorney, stated the violation, sale to a minor, was due to a compliance check on October 16, 2008. Mr. Kennebeck stated that he had reached an agreement with the licensee, Mr. Viboolsittiseri. Mr. Kennebeck stated that the owner did not speak English very well but his daughter, Sandy, was present and was very fluent in English. Mr. Kennebeck stated that he had explained to both of them and that Sandy had explained to her father the procedures and the consequences of the hearing.
Mr. Kennebeck stated that the licensee would admit to the violation. Mr. Kennebeck stated that they had been in business approximately two years and this was their first violation. Mr. Kennebeck stated that he would recommend a ten-day suspension with five days held in abeyance for one year. Mr. Kennebeck stated that the licensee was asking to pay a fine in lieu of suspension.
Surachart Viboolsittiseri, 6400 S. Clarkson St., Centennial, CO 80421, was sworn in.
Sandy Viboolsittiseri, 6675 S. Lamay Ave., Ft. Collins, CO 80525, was sworn in and stated that she would be translating from English to Thai.
Mr. Miller stated the charge was for a sale to a minor, which was a violation of the Colorado Liquor Code. Mr. Miller stated the procedures and explained the suggested penalty for the violation.
Ms. Viboolsittiseri stated that she understood the procedures and the penalty and that she had explained them to her father. Ms. Viboolsittiseri stated that her father was agreeable to the penalty.
Mr. Viboolsittiseri stated the circumstances surrounding the violation. Mr. Viboolsittiseri stated the steps he had taken to prevent another sale to a minor.
Mr. Kennebeck stated that he had explained to Mr. Viboolsittiseri and his daughter that if they wished to consult with counsel, the hearing could be continued to another date.
Mr. Viboolsittiseri stated that he did not wish to consult an attorney.
Mr. Miller stated that he would accept the stipulation between Mr. Kennebeck and the licensee. Mr. Miller found that the violation that was alleged in the complaint had occurred and the following penalty be imposed upon Pattaya Thai, LLC, d/b/a Pattaya Thai. 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 January 8, 2009, 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 January 8, 2009, 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 9, 2009 and end on January 14, 2009 at 7:00 a.m. Mr. Miller found that Pattaya Thai, LLC, d/b/a Pattaya Thai, be permitted to pay a fine in lieu of five days actual suspension imposed.
ITEM 4 – SHOW CAUSE HEARING
Hotel & Restaurant License
SWH Corporation
d/b/a Mimi’s Cafe
14265 W. Colfax Ave.
Kevin Coates, Registration No. 25995, stated that he was the attorney representing the licensee.
Mercedes Madsen, 14265 W. Colfax Ave., Lakewood, CO 80401, was sworn in and stated that she was the General Manager of Mimi’s Café.
Mr. Kennebeck stated the violation, sale to a minor, was due to a compliance check on October 16, 2008. Mr. Kennebeck stated that he had reached an agreement with the licensee and that the licensee would admit to the violation. Mr. Kennebeck stated that this was their first offense and that he would recommend a ten-day suspension with five days held in abeyance for one year. Mr. Kennebeck stated that the licensee was asking to pay a fine in lieu of suspension.
Mr. Coates stated that he would like to ask the Authority to start the suspension on Monday, January 12, 2009. Mr. Coates stated the circumstances surrounding the violation. Mr. Coates stated that Ms. Madsen would like to keep the sign that was posted on the door of Mimi’s Café notifying the public of today’s hearing. Mr. Coates stated that Ms. Madsen wanted to hang the sign in the break room as an effective tool to remind her employees of the consequences of selling alcohol to a minor and to use it in her alcohol training sessions with her employees.
Ms. Madsen stated the restaurant’s alcohol policies and training program. Ms. Madsen stated that the employee who sold the alcohol to the minor was terminated.
Mr. Miller stated that he would accept the stipulation between Mr. Kennebeck and the licensee. Mr. Miller found that the violation that was alleged in the complaint had occurred and the following penalty be imposed upon SWH Corporation, d/b/a Mimi’s Cafe. 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 January 8, 2009, 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 January 8, 2009, 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 12, 2009 and end on January 17, 2009 at 7:00 a.m. Mr. Miller found that SWH Corporation,
d/b/a Mimi’s Cafe be permitted to pay a fine in lieu of five days actual suspension imposed.
ITEM 5 – SHOW CAUSE HEARING
Tavern License
LaBallerina, LLC
d/b/a LaBallerina
5660 W. Colfax Ave.
Ms. Wamboldt stated that the City received a request from LaBallerina’s attorney for a continuance of the hearing. Ms. Wamboldt stated that the attorney had just been retained and needed more time to prepare for the hearing. Ms. Wamboldt stated that the hearing had been administratively continued to February 26, 2009.
ITEM 6 – GENERAL BUSINESS
A. Reverend Robert Smith stated that he was representing Mile High Church regarding the property at the corner of Alameda and Garrison, which had been operated as Gaslamp Grill. Rev. Smith stated that Mile High Church was the landlord for that location and the deadline to get a transfer of ownership application into the City was the next day, January 9, 2009. Rev. Smith stated that they have had a little bit of difficulty getting another tenant in there and requested that the liquor license be kept active until the liquor license expired on March 8, 2009. Rev. Smith stated that they had lost a few possible tenants because they could not get loans, but that there were now had about four or five possible tenants that could qualify to lease the space. Rev. Smith stated that the Church was not interested in becoming the liquor license holder and would prefer to get a tenant who could apply for the transfer of the liquor license. Rev. Smith stated that Scott Tallman, the former owner of Gaslamp Grill, had signed an affidavit of transfer before he left. Rev. Smith stated that there had been monies owed to Southern Wine and Spirits and that the Church had paid them off.
Mr. Kennebeck stated that the City had no objections to the liquor license remaining active until the license expired.
Mr. Miller stated that he had no objection to the liquor license remaining active for the purposes of transferring the liquor license until March 8, 2009, the expiration date of the license. Mr. Miller stated that the City would not have any authority to accept an application for transfer after that date and that the application would have to be in the hands of the City prior to March 8, 2009.
B. Mr. Kennebeck stated that he had three complaints that were being brought forward for motions to show cause.
1. Mr. Kennebeck stated the first 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. Kennebeck stated that there was a pending complaint set for January 22, 2009 and that Hart’s Corner had hired an attorney. Mr. Kennebeck stated that he had talked to the attorney several times and that the attorney understood that this complaint was being issued today. Mr. Kennebeck stated that rather than having Ms. Moore go out and post the location again, he would fax the complaint to the attorney and the attorney would accept service.
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 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 22, 2009.
2. Mr. Kennebeck stated the second complaint was against Prisha, Inc., d/b/a Giant Discount Liquors, 1000 S. Wadsworth Blvd., for an alleged violation of sale to a visibly intoxicated person.
Mr. Miller found there was probable cause to believe that a violation of the Colorado and/or Lakewood codes had occurred and to serve a notice of hearing and order to show cause why the Hotel & Restaurant License held by Prisha, Inc., d/b/a Giant Discount Liquors, 1000 S. Wadsworth Blvd., should not be suspended or revoked, such hearing to be held on March 12, 2009.
3. Mr. Kennebeck stated the third complaint was against Marsia, Inc., d/b/a Club Tentacion, 5800 W. Alameda Ave., for an alleged violation of conduct of establishment, failure to pay city sales tax, and not meeting the 25% food requirement for a Hotel and Restaurant Liquor License. Mr. Kennebeck stated that the licensee’s liquor license was up for renewal and this complaint was entitled, “In the matter of the renewal or nonrenewal or suspension of the Hotel & Restaurant Liquor License.”
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 Marsia, Inc., d/b/a Club Tentacion, 5800 W. Alameda Ave., should not be suspended or revoked, such hearing to be held on March 12, 2009.
ITEM 7 – ADJOURNMENT
There being no further business to come before the Authority, Richard Miller adjourned the meeting at 3:20 p.m.
Richard Miller, Hearing Officer, Lakewood Liquor and Fermented Malt Beverage Licensing Authority
Joyce Wamboldt, Liquor Licensing Specialist
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