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MINUTES
REGULAR MEETING OF
LAKEWOOD LIQUOR AND FERMENTED MALT BEVERAGE
LICENSING AUTHORITY
February 26, 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 2:00 p.m.
ITEM 2 – NEW APPLICATION
Hotel & Restaurant License
Z & K Enterprises, LLC
d/b/a Purple Ginger Asian Fusion
2610 Youngfield St.
Leping Zhu, Registration No. 24859, stated she was the attorney representing the applicant. Ms. Zhu stated that the restaurant was now open and that Mr. Choi was the manager of the restaurant. Ms. Zhu stated Mr. Choi’s experience in the restaurant business.
Kam Y. Choi, 8823S. Nightingale Way, Littleton, CO 80126, was sworn in.
Carol Johnson, 2792 Race St. Denver, CO 80210, was sworn in and stated that she works for Esquire Petitioning Services and was retained to do the petitioning for Z & K Enterprises, LLC. Ms. Johnson stated the procedures used to do the petitions and explained the results of the survey.
There was a question and answer period between Mr. Miller and Mr. Choi.
In answer to Mr. Miller’s question, Lenora Moore, Lakewood Liquor Inspector, explained Lakewood’s alcohol training program.
Mr. Miller recommended that the licensee take the Lakewood Alcohol Awareness Program.
Ms. Wamboldt, Lakewood Liquor Licensing Specialist, stated that the Lakewood Police Department had finished their background investigation of the applicant and was recommending approval of the liquor license. Ms. Wamboldt stated that the premises had been inspected by Ms. Moore.
Mr. Miller having found that all of the requirements for a Hotel and Restaurant Liquor License had been satisfied, approved the application for a Hotel and Restaurant License for Z & K Enterprises, LLC, d/b/a Purple Ginger Asian Fusion located at 2610 Youngfield St., contingent upon the applicant submitting a current Certificate of Good Standing from the State of Colorado to the Lakewood City Clerk’s Office.
ITEM 3 – SHOW CAUSE HEARING
Tavern License
LaBallerina, LLC
d/b/a LaBallerina
5660 W. Colfax Ave.
Mr. Kennebeck, Lakewood Deputy City Attorney, stated that there were two complaints, both charges of Regulation 47-900A, Conduct of Establishment. Mr. Kennebeck stated that he had spoken to the licensee’s attorney, Mr. J.Y. Kang, and had reached an agreement. Mr. Kennebeck stated that the licensee would admit to the violation that occurred on September 13, 2008 and the City would then dismiss the violation that occurred on December 1, 2008. Mr. Kennebeck stated that this was their second offense within a two year period. Mr. Kennebeck stated that the City was asking for
14 days suspension, and that the licensee would serve a seven-day suspension and seven days would be held in abeyance for one year.
J.Y. Kang, Registration No. 23250, stated he was the attorney representing LaBallerina, LLC and that Seung Wan Kang, the sole shareholder of the LLC, was present at the hearing. Mr. Kang admitted to the violation which occurred on September 13, 2008.
Seung Wan Kang, 20470 E. Mansfield Ave., Aurora CO 80013, was sworn in.
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 September 13, 2008 and the following penalty be imposed upon LaBallerina, LLC, d/b/a LaBallerina. A suspension of fourteen days be imposed and that seven of the days be held in abeyance for a period of one year, commencing on February 26, 2009, and if there were no further violations of the Colorado and Lakewood codes during the next year, the period held in abeyance would be dismissed. In the event a violation did occur within one year from February 26, 2009, regardless of when the hearing on such violation should be held, the seven days held in abeyance be imposed after such hearing in addition to any other penalty. The balance of the suspension would begin at 7:00 a.m. March 9, 2009 and end on March 16, 2009 at 7:00 a.m. Mr. Miller stated that the violation that was alleged in the complaint that occurred on December 1, 2009 was dismissed.
Mr. Miller stated that there are now two established violations and one alleged violation in a relatively short period of time. Mr. Miller asked the licensee if he was going to fix the problem and how he was going to fix it.
Mr. Seung Wan Kang stated that he was going to fix it and that they were going to be more careful. Mr. Kang stated that he had security personnel inside; weekdays he had two people and on weekends, he had three people. Mr. Kang stated that he did not have any security on the outside.
Mr. J.Y. Kang stated that the employees had not received any formal training regarding the sale and service of alcohol. Mr. Kang stated that Mr. Seung Wan Kang was responsible for training the employees. Mr. Kang stated that he had had many discussions with Mr. Seung Wan Kang regarding the problem and that there had to be a better job done. Mr. Kang stated that his client was headed for a much harsher punishment if there was another violation. Mr. Kang stated that they control what goes on inside the premises but that they don’t know what will happen after unruly characters leave the building.
Mr. Miller stated that each violation ratchets up the potential sanctions and at some point Mr. Seung Wan Kang could lose his license and a big investment.
ITEM 4 – 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 GWG Productions, Inc., d/b/a Cordial Lounge and Restaurant, 1521 Pierce Street., for an alleged violation of prohibited consumption.
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 and Restaurant License held by GWG Productions, Inc., d/b/a Cordial Lounge and Restaurant, 1521 Pierce St., should not be suspended or revoked, such hearing to be held on April 9, 2009.
Mr. Kennebeck stated the second complaint was against The Penalty Box, Inc., d/b/a The Penalty Box Bar and Grill, 1862 S. Wadsworth 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 Hotel and Restaurant License held by The Penalty Box, Inc., d/b/a The Penalty Box Bar and Grill, 1862 S. Wadsworth Blvd., should not be suspended or revoked, such hearing to be held on April 9, 2009.
ITEM 5 – ADJOURNMENT
There being no further business to come before the Authority, Richard Miller adjourned the meeting at 2:43 p.m.
Richard Miller, Hearing Officer, Lakewood Liquor and Fermented Malt Beverage Licensing Authority
Joyce Wamboldt, Liquor Licensing Specialist
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