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MINUTES
REGULAR MEETING OF
LAKEWOOD LIQUOR AND FERMENTED MALT BEVERAGE
LICENSING AUTHORITY
January 22, 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 – SHOW CAUSE HEARING
Hotel & Restaurant License
RLJ II-R Lakewood
White Lodging Services Corporation
d/b/a Residence Inn by Marriott Lakewood
7050 W. Hampden Ave.
Mr. Kennebeck, Lakewood 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’s attorney 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.
Steve Lee, Registration No. 10969, stated that he was representing the licensee.
Mr. Lee stated that the manager, Brian Schrader, and the assistant manager, Celene Gonzalez were present at the hearing. Mr. Lee stated the circumstances surrounding the sale to the minor.
Brian Schrader, 10611 W. 106th Pl., Broomfield, CO 80021, was sworn in and stated the policies and procedures regarding the serving of alcohol.
Celene Gonzalez, 11944 Quam Dr., Northglenn, CO 80233, was sworn in and stated the measures that have been taken to prevent the sale of alcohol to a minor.
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 RLJ II-R Lakewood, White Lodging Services Corporation, d/b/a Residence Inn by Marriott Lakewood. 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 22, 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 22, 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 23, 2009 and end on January 28, 2009 at 7:00 a.m. Mr. Miller found that RLJ II-R Lakewood, White Lodging Services Corporation, d/b/a Residence Inn by Marriott Lakewood, be permitted to pay a fine in lieu of five days actual suspension imposed.
ITEM 3 – SHOW CAUSE HEARING
Tavern License
BKM Investments, Inc.
d/b/a Hart’s Corner Bar
5201 W. Mississippi Ave.
Ms. Wamboldt stated that the attorney for Hart’s Corner Bar had requested a continuance to give him time to prepare for the hearing. Ms. Wamboldt stated that the hearing had been administratively continued to March 26, 2009.
ITEM 4 – SHOW CAUSE HEARING
Hotel & Restaurant License
ZRC Operations Company, Inc.
d/b/a Qdoba Mexican Grill
14231 W. Colfax Ave.
Ms. Wamboldt stated that the attorney for Qdoba Mexican Grill had requested a continuance to give her time to prepare for the hearing. Ms. Wamboldt stated that the hearing had been administratively continued to March 12, 2009.
ITEM 5 – SHOW CAUSE HEARING
Tavern License
El Torito Bar & Grill, LLC
d/b/a El Torito Bar & Grill
999 Sheridan Blvd.
Ms. Wamboldt stated that the attorney for El Torito Bar & Grill had requested a continuance to give her time to prepare for the hearing. Ms. Wamboldt stated that the hearing had been administratively continued to March 26, 2009.
ITEM 6 – SHOW CAUSE HEARING
Hotel & Restaurant License
Demetrios and Maria Verdos
d/b/a Valley Inn Restaurant
1997 S. Wadsworth Blvd.
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 two witnesses, Agent Justin Marshall and Lakewood Explorer Scout Eric Williams. Mr. Kennebeck stated that Mr. Williams was not present at the meeting but that he was on his way. Mr. Kennebeck asked for a ten-minute recess to give Mr. Williams time to get to the hearing.
Mr. Miller called a recess at 2:11 p.m. and the meeting was back in session at 2:18 p.m.
Maria Verdos, one of the owners of Valley Inn Restaurant, stated that she was prepared to proceed with the hearing and she did not have an opening statement.
Agent Justin Marshall, Lakewood Patrol Agent, was sworn in and in answer to Mr. Kennebeck’s questions, stated that part of his duties involved taking part in the compliance checks of the liquor-licensed establishments in Lakewood. Agt. Marshall stated the procedures used to do compliance checks. Agt. Marshall stated that the Lakewood Explorer Scout could give a fake birth date but the Scout did not have any I.D. on him. Agt. Marshall stated that on October 16, 2008, he was at the Valley Inn Restaurant performing a compliance check. Agt. Marshall stated that the Explorer Scout went into the restaurant and Agt. Marshall and Detective Struck were in the car listening to the conversation through the wireless microphone that the Scout was wearing. Agt. Marshall stated that the Scout went into the restaurant alone and sat down at a table by himself. Agt. Marshall stated that he could not see inside the restaurant but could hear what had transpired in the restaurant through the microphone. Agt. Marshall stated that he heard the Scout order a Bud Light and the waitress asked for an I.D. Agt. Marshall stated that the Scout told her he did not have an I.D. and the waitress asked for his birth date. Agt. Marshall stated that the Scout gave the birth date of June 16, 1987, at which time the waitress asked the Scout if he was a cop. Agt. Marshall stated that the Scout said, “No” and the waitress brought the Scout a bottle of Bud Light along with a glass. Agt. Marshall stated that once the transaction had taken place, the Scout sat at the table until Agt. Marshall entered the restaurant. Agt. Marshall stated that when he went into the restaurant, the full Bud Light and the glass were sitting on the table in front of the Scout. Agt. Marshall asked the Scout if that was what the waitress had brought him and the Scout responded, “Yes.” Agt. Marshall stated that he then cited the waitress, Wanda Naylor, for the violation, sale to a minor. Agt. Marshall stated that the birth date that the Scout had given to Ms. Naylor was not the Scout’s true birth date and that that birth date made him 21 years of age. Agt. Marshall stated that the waitress said that she knew better than to serve someone without an I.D. and that it caught her off guard because she had the same birth date as the date the Explorer Scout had provided.
Ms. Verdos had no questions for Agt. Marshall.
Demetrios Verdos, 2656 S. Jay Ct., Lakewood, CO 80227, was sworn in.
Maria Verdos, 2656 S. Jay Ct., Lakewood, CO 80227, was sworn in.
Eric Williams, 312 Wright St., #102, Lakewood, CO 80228, was sworn in and in answer to Mr. Kennebeck’s questions, stated that he worked with the Lakewood Police Department as an Explorer Scout and had been doing that for three and a half years. Mr. Williams stated that he was currently 20 years old and was 20 years old on October 16, 2008. Mr. Williams stated that he had been trained in the Lakewood procedures for compliance checks. Mr. Williams stated that when doing compliance checks, he goes into the licensed premises without an I.D. and if he is asked for a birth date, he gives a false one. Mr. Williams stated that if he is told no and that he looks too young, then he leaves and that he does not try to entrap anyone. Mr. Williams stated that when he walked into Valley Inn Restaurant, the Lakewood Police had taken all of his identification from him and that he had the microphone on. Mr. Williams stated that he went into the restaurant, was seated, and told them that there would be two of them and that he was waiting for someone to arrive. Mr. Williams stated that that way he did not have to order food. Mr. Williams stated that he ordered a beer from the waitress, that the waitress asked for his I.D. and he stated he told her that he did not have his I.D. on him. Mr. Williams stated that the waitress asked for his birth date and he gave her a false one, June 16, 1987. Mr. Williams stated he could not see Agt. Marshall at all from where he was sitting. Mr. Williams stated that he was served an alcoholic beverage, a Bud Light. Mr. Williams stated that after he was served, he waited a little bit and Agt. Marshall came in to the restaurant. Mr. Williams stated that he pointed out who had served him and then left.
In answer to Ms. Verdos’s question, Mr. Williams stated that he pointed out the waitress who had served him and did not point out Ms. Verdos as the one who had served him.
In answer to Mr. Miller’s question, Mr. Williams stated that his actual date of birth was June 16, 1988.
Mr. Kennebeck introduced City’s Exhibit #1, which was a certified Record of Action from the Lakewood Municipal Court which showed that Wanda Sue Naylor pled guilty on November 19, 2008 to the charge of selling or giving alcohol to a minor. The exhibit was shown to Mr. and Mrs. Verdos and they stated they had no objection to the exhibit being admitted into the record.
Mr. Miller admitted Exhibit #1 into the record.
Ms. Verdos stated that she was one of the owners of the Valley Inn Restaurant and that she was working at the restaurant on the evening of October 16, 2008. Ms. Verdos stated that the Scout did come in around 6:00 p.m. and that she did sit him at a booth. Ms. Verdos stated that the Scout did say that it would be a party of two. Ms. Verdos stated that she turned around to sit the next couple that was waiting in line and as she went by, she noticed the Bud Light with the glass on the table in front of the Scout. Ms. Verdos stated that she pulled her server aside and asked her if she had checked the Scout’s I.D. Ms. Verdos stated that the server stated that she had. Ms. Verdos stated that she again asked the server if she had checked his I.D. because he looked like he was under 21 years of age and the server stated that he had the same birth date that she had. Ms. Verdos stated that the officer then came in and identified himself and said that she had just served a minor a beer. Ms. Verdos stated that she showed the officer the rules that were posted in the back in the locker room, which states that if anybody looks like they are 30 years old and under, they have to be carded. Ms. Verdos stated that she tries to watch everything and that she does the best that she can. Ms. Verdos stated that they have been at the Valley Inn Restaurant for 28 years and that this was their first violation.
In answer to Mr. Miller’s question, Ms. Verdos stated that she suspended the server with a written warning and that she told the server that she had the right to fire her then and there but that she would give her a ten-day suspension. Ms. Verdos stated that she told the server that when she came back to work, she would work the same hours as Ms. Verdos so that she could keep an eye on her. Ms. Verdos stated that in the future, she would take it upon herself to see if the customers are of age or else they would not be served. Ms. Verdos stated that she was not challenging the sale to the minor and that it did happen. Ms. Verdos stated that her problem was that she tried to do the best that she could and coach the servers and teach them the procedures and that the servers do not listen. Ms. Verdos stated that they abide with the law, they close early and do not have Happy Hour or Cocktail Hour and that this was the first time they had been given a violation. Ms. Verdos stated that the server had been working for them for three or four weeks. Ms. Verdos stated that they have between twelve and thirteen employees and that she, her son and Mr. Verdos work there, also. Ms. Verdos stated that the employees do not stay long enough to go to a Lakewood Alcohol Awareness Class.
Mr. Kennebeck did not have any questions for Ms. Verdos.
Mr. Kennebeck and Ms. Verdos did not have any closing arguments.
Mr. Miller found that the violation that was alleged in the complaint had occurred and the following penalty be imposed upon Demetrios and Maria Verdos, d/b/a Valley Inn Restaurant. A suspension of ten days be imposed and that ten of the days be held in abeyance for a period of one year, commencing on January 22, 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 22, 2009, regardless of when the hearing on such violation should be held, the ten days held in abeyance be imposed after such hearing in addition to any other penalty.
ITEM 7 – GENERAL BUSINESS
There was no general business to be discussed.
ITEM 8 – ADJOURNMENT
There being no further business to come before the Authority, Richard Miller adjourned the meeting at 2:55 p.m.
Richard Miller, Hearing Officer, Lakewood Liquor and Fermented Malt Beverage Licensing Authority
Joyce Wamboldt, Liquor Licensing Specialist
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