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MINUTES
REGULAR MEETING OF
LAKEWOOD LIQUOR AND FERMENTED MALT BEVERAGE
LICENSING AUTHORITY
February 12, 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 2:02 p.m.
ITEM 2 – SHOW CAUSE HEARING
Hotel & Restaurant License
BMJ Inc.
d/b/a Ecks Saloon
9890 W. Girton Dr.
Mr. Kennebeck, Lakewood Deputy City Attorney, stated he had reached an agreement with the licensee’s attorney, Patrick Tooley. Mr. Kennebeck stated that there were two complaints issued and that the licensee would admit to the violation for conduct of establishment that occurred on August 10, 2008 and the City would then dismiss the second violation which occurred on November 25, 2008. Mr. Kennebeck stated that this was their first offense.
Patrick Tooley, Registration No. 15273, stated that he was the attorney representing Ecks Saloon. Mr. Tooley stated that he and Mr. Kennebeck had agreed upon a ten-day suspension with five days held in abeyance for one year and that the licensee would pay a fine in lieu of suspension. Mr. Tooley stated that the licensee was admitting to the violation that occurred on August 10, 2008. Mr. Tooley stated that his client, Mr. Michael Bruno, would be meeting with law enforcement to discuss ways he could improve the operation of his establishment. Mr. Tooley stated that he had a stack of letters that represented all of the employees who had attended the Lakewood Alcohol Awareness Class and a letter that reflected that Ecks Saloon had passed a compliance check that was done by the Lakewood Police Department. Mr. Tooley stated that there was also a large stack of papers that were associated to the fake I.D.’s that Mr. Bruno’s employees had collected and given to the City. Mr. Tooley stated that Mr. Bruno had never had a violation in the eight years that he had owned the establishment and that Mr. Bruno was actively involved in the operation of the business.
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 on August 10, 2008 and the following penalty be imposed upon BMJ Inc., d/b/a Ecks Saloon. 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 February 12, 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 February 12, 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. February 16, 2009 and end on February 21, 2009 at 7:00 a.m. Mr. Miller found that BMJ Inc., d/b/a Ecks Saloon, be permitted to pay a fine in lieu of five days actual suspension imposed. Mr. Miller stated that the violation that was alleged in the complaint that occurred on November 25, 2008 was dismissed with prejudice.
Mr. Miller stated there was a person who had signed the hearing roster but was not present at the hearing.
ITEM 3 – GENERAL BUSINESS
Mr. Kennebeck stated that he had two complaints that were being brought forward for motions to show cause.
Mr. Kennebeck stated the first complaint was against SFH Enterprises, LLC, d/b/a Cleopatra’s, 6045 W. Alameda 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 SFH Enterprises, LLC, d/b/a Cleopatra’s, 6045 W. Alameda Ave., should not be suspended or revoked, such hearing to be held on April 9, 2009.
Mr. Kennebeck stated the second complaint was against Diakoumakos Corporation, d/b/a The Dive Bar & Grill, 11810 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 by SFH Diakoumakos Corporation, d/b/a The Dive Bar & Grill, 11810 W. Colfax Ave., should not be suspended or revoked, such hearing to be held on April 9, 2009.
ITEM 4 – ADJOURNMENT
There being no further business to come before the Authority, Richard Miller adjourned the meeting at 2:20 p.m.
Richard Miller, Hearing Officer, Lakewood Liquor and Fermented Malt Beverage Licensing Authority
Joyce Wamboldt, Liquor Licensing Specialist
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