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MINUTES
REGULAR MEETING OF
LAKEWOOD LIQUOR AND FERMENTED MALT BEVERAGE
LICENSING AUTHORITY
April 9, 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 – SHOW CAUSE HEARING
Hotel & Restaurant License
The Penalty Box, Inc.
d/b/a The Penalty Box Bar and Grill
1862 S. Wadsworth Blvd.
Ms. Wamboldt stated that the City had requested a continuance because one of the City’s witnesses could not attend today’s meeting. Ms. Wamboldt stated that the licensee had no objections to continuing the hearing and it had been administratively continued to May 14, 2009.
ITEM 3 – SHOW CAUSE HEARING
Hotel & Restaurant License
GWG Productions, Inc.
d/b/a Cordial Lounge & Restaurant
1521 Pierce St.
Gary Gorney stated that he was aware that he could be represented by council and that it was his choice not to be represented by council.
Gary Gorney, 735 E. Poppywood Dr., Highlands Ranch, CO 80126, was sworn in.
Ms. Roth, Lakewood Chief Municipal Prosecutor, stated there would be testimony from Lakewood Police Agent Schipporeit, that on January 28, 2009, at approximately
3:10 a.m., he responded to the Cordial Lounge on an alarm call. Ms. Roth stated that once there, Agt. Schipporeit contacted two males, one of the males being a bartender at the Cordial Lounge, who was intoxicated. Ms. Roth stated that further investigation revealed that the bartender had been drinking on the premises after the bar had closed, which is in violation of Colorado Department of Revenue Regulation 47-910 and Colorado State Statute 12-47-901(5)(b)(I).
Mr. Gorney stated that he did not want to make a statement at this time.
Greg Schipporeit, Lakewood Police Agent, was sworn in and in answer to Ms. Roth’s questions, stated his training in the detection of intoxication. Agt. Schipporeit stated that on January 28, 2009 at approximately 3:10 a.m., he responded to the Cordial Lounge on an alarm call. Agt. Schipporeit stated that he contacted two males on the west side of the bar next to the rear entrance, outside of the bar. Agt. Schipporeit stated that he spoke with Robert Schroeder, who was a patron of the bar. Agt. Schipporeit stated that Mr. Schroeder said that James Phillip Corbin, the bartender, was closing up the bar and had set the alarm and went outside when he realized he did not have his keys with him. Agt. Schipporeit stated that Mr. Schroeder said that as Mr. Corbin went back in to get his keys, he set off the alarm. Agt. Schipporeit stated that Mr. Schroeder said that he was in the bar drinking earlier and that Mr. Corbin had been drinking. Agt. Schipporeit stated that Mr. Schroeder did not state when Mr. Corbin had been drinking or what he had been drinking. Agt. Schipporeit stated that he then spoke to Mr. Corbin, who said that he was the bartender at the Cordial Lounge. Agt. Schipporeit stated that Mr. Corbin appeared to be intoxicated. Agt. Schipporeit stated that Mr. Corbin had a strong odor of alcoholic beverage on his breath, bloodshot, watery eyes and his balance was unstable. Agt. Schipporeit stated that Mr. Corbin said that he had been drinking that evening and had consumed six Pabst Blue Ribbon Beers. Agt. Schipporeit stated that when Mr. Corbin was taken into custody, Mr. Corbin said that he was an alcoholic and had had three past D.U.I.s. Agt. Schipporeit stated that Mr. Corbin was taken into custody because he was a danger to himself and to others, due to his level of intoxication, and that Mr. Corbin was taken to the detox facility. After looking at his report, Agt. Schipporeit stated that Mr. Schroeder stated that Mr. Corbin had been drinking after hours on that evening. Agt. Schipporeit stated that Mr. Schroeder had said that Mr. Corbin had been drinking the draw, Pabst Blue Ribbon. Agt. Schipporeit stated that the owner of the bar was called and the owner, Mr. Gorney, sent an employee to lock and secure the bar. Agt. Schipporeit stated that Mr. Schroeder did not appear to be intoxicated.
Mr. Gorney stated that he understood what the Lakewood Police were going through because he had heard Mr. Corbin in the background and Mr. Corbin was terminated because of that incident.
In answer to Mr. Gorney’s questions, Agt. Schipporeit stated that Mr. Corbin was outside the Cordial Lounge when he arrived on scene. Agt. Schipporeit stated that Mr. Corbin told him how much he had had to drink and that was six Pabst Blue Ribbon Beers. Agt. Schipporeit stated that Mr. Corbin did not say what time he drank his last Pabst. Agt. Schipporeit stated that Mr. Corbin’s attitude was not very respectful, did not seem to care about what was going on, did not think it was a big deal and was high strung.
Mr. Gorney stated that he heard Mr. Corbin over the phone and that he was very nasty. Mr. Gorney stated that he had a video surveillance system and he did witness Mr. Corbin drinking and that he was the only one in the bar.
Mr. Miller stated that this was Mr. Gorney’s opportunity to ask questions of the officers and that he would have a chance to testify in evidence in a little while.
In answer to Mr. Gorney’s questions, Agt. Schipporeit stated there was no other proof that Mr. Corbin was drinking after hours, other than Mr. Schroeder’s statement.
There were no further questions for Agent Schipporeit and he was excused.
Rochelle Gordon, 7300 W. 10th Ave., Apt. #13, Lakewood, CO 80214, was sworn in and in answer to Mr. Gorney’s questions; Ms. Gordon stated that she was called to go to the Cordial Lounge to secure the building. Ms. Gordon stated that when she arrived at the bar, she saw two officers and Mr. Corbin in the parking lot. Ms. Gordon stated that the officers asked her to go in with them to clear the bar, make sure there was nobody in there and that everything was ok. Ms. Gordon stated that one of the officers entered the building with her and that he checked the building to make sure no one else was in there; he checked the alarm system, the bar area and behind the bar area. Ms. Gordon stated that she also checked the alarm system, the bar area and the back bar area.
Ms. Gordon stated that while she was checking the bar area, she did not see any open containers or anything that would show that there was any alcohol served after the hours of 2:00 a.m. Ms. Gordon stated that the bar was clean. Ms. Gordon stated that when she exited the building, there was no one else in the parking lot, just the officers involved and Mr. Corbin. Ms. Gordon stated that there were no other patrons or people around the bar as witnesses to the incident. Ms. Gordon stated that Mr. Corbin did not say that he was drinking after hours.
In answer to Ms. Roth’s questions, Ms. Gordon stated that she did not remember what time she arrived at the bar. Ms. Gordon stated that it was sometime after the police officers responded and that she had not been at the Cordial Lounge prior to the police officers arriving that evening. Ms. Gordon stated that it was not possible for Mr. Corbin to have been drinking between 2:00 a.m. and 3:00 a.m. because there were no dirty glasses or anything. Ms. Gordon stated that it was possible that Mr. Corbin cleaned the glasses before he locked up but that she seriously doubted it.
In answer to Mr. Miller’s questions, Ms. Gordon stated that she knew Robert Schroeder but that he was not there when she arrived at the bar. Ms. Gordon stated that
Mr. Schroeder was a regular customer and that she could contact him if she had to. Ms. Gordon stated that she did not talk to Mr. Schroeder about the incident.
Mr. Gorney took the stand and stated that he had a video surveillance system in the building. Mr. Gorney stated that he did know Mr. Schroeder and had spoken with him regarding the incident. Mr. Gorney stated that Mr. Schroeder did not state anything about being served after hours or that Mr. Corbin had been drinking after hours.
Mr. Gorney stated that when he questioned Mr. Corbin, three days later, when he came out of detox, that Mr. Corbin assured him that he was not drinking after hours.
Mr. Gorney stated that he watched the video tape and that Mr. Corbin was not drinking after hours. Mr. Gorney stated that he would admit that Mr. Corbin was intoxicated and that he was terminated because of that but that he was not terminated because he was drinking after hours. Mr. Gorney stated that Mr. Corbin was having a very difficult time getting his drawer taken care of and there were cameras in the kitchen and he witnessed Mr. Corbin trying to count his drawer, witnessed Mr. Corbin turning the alarm on and witnessed Mr. Corbin coming back in the building to shut the alarm off.
Mr. Gorney stated that at no time was there any alcohol being dispensed to Mr. Corbin. Mr. Gorney stated that he did witness Mr. Corbin drinking cans of Red Bull, apparently to try and sober up. Mr. Gorney stated that the Red Bull probably explained
Mr. Corbin’s irate behavior. Mr. Gorney stated that Mr. Corbin was trying to sober up before he left and that he was apparently waiting for a cab. Mr. Gorney stated that
Mr. Schroeder apparently came back to pick Mr. Corbin up. Mr. Gorney stated that when he arrived at the Cordial Lounge at 4:44 a.m., there was nothing in there, no open containers or anything to show that alcohol was consumed after hours. Mr. Gorney stated that he wished he had the video but that the video looped after 36 hours and he did not hear about this until after Mr. Corbin was released from detox, which was approximately three days later. Mr. Corbin stated that Mr. Schroeder admitted to him that there was no after hours drinking and that he was not in the building at the time.
In answer to Mr. Miller’s questions, Mr. Gorney stated that he was aware that another person had told the officers that they had been served after hours. Mr. Gorney stated that there were two customers, a man and a woman, who were alongside the Winchell’s Donut Shop when they saw the incident that occurred. Mr. Gorney stated that they went to the Cordial Lounge and gave their opinion about the situation. Mr. Gorney stated that Mr. Corbin had pointed to the bar clock and told the gentleman that, “he was serving them after hours but that’s ok because they were good people.” Mr. Gorney stated that on the video, he watched Mr. Corbin point to the clock and the clock said 2:02 a.m. Mr. Gorney stated that the bar clock is 25 minutes fast and that they do that to get customers out of the building on time. Mr. Gorney stated that the person purchased three shots, one of them went to Mr. Corbin and the other two were consumed by the man and woman who were later out in the parking lot. Mr. Gorney stated that that person was supposedly the one who told the officers they were served after hours, not Mr. Schroeder. Mr. Gorney stated that Mr. Corbin confirmed that. Mr. Gorney stated that after he arrived at the Cordial, he automatically ran a “Z” report and the shots that were served and paid for by the man and woman were served at 1:38 a.m. and that was actual time, not bar time. Mr. Gorney stated that the man did enter the building last Wednesday and confessed to the bartender that he was not served after hours, like he told the police, because he realized when he came in that day that the bar clock was 25 minutes fast. Mr. Gorney stated that the shots were consumed immediately at 1:38 a.m., according to what he watched on the video tape, and that the shot glasses were put into the glass cleaner and cleaned and put away.
In answer to Ms. Roth’s questions, Mr. Gorney stated that the other people who had talked to the police agents were there the same night that the incident occurred. Mr. Gorney stated that his testimony was what he had heard from a third party. Mr. Gorney stated that the man and woman were in his establishment last Wednesday and they confessed to the bartender. Mr. Gorney stated that nobody knew about this and the posting of the Show Cause Hearing was on the wall out front and people were coming in and asking questions, Mr. Gorney stated that they did not reveal why they were coming to the hearing today but that the man and woman came in and said that they had told the officers that they were served after hours and that it did not actually happen.
Michael Maestas, Lakewood Police Sergeant, was sworn in and in answer to Ms. Roth’s questions, stated that he responded to the Cordial Lounge on January 28, 2009 at approximately 3:10 a.m. Sgt. Maestas stated that when he arrived at the Cordial Lounge, he observed two parties that were on the west side of the building near the rear door. Sgt. Maestas stated that he called both men to him because it appeared they were both trying to do something near the door and the doorway is set back a little bit from where he was positioned and he could not tell what they were doing. Sgt. Maestas stated that he responded for an alarm call. Sgt. Maestas stated that he got to the Cordial Lounge just before Agt. Schipporeit and that he was at the bar the entire time that Agt. Schipporeit was there. Sgt. Maestas stated there were only the two males there and no one else came to the Cordial the whole time they were there. Sgt. Maestas stated that he was there when Ms. Gordon arrived and no one other than Ms. Gordon came to the bar. Sgt. Maestas stated that he spoke to Mr. Gorney over the phone and he spoke to Ms. Gordon. Sgt. Maestas stated that he stood by while Agt. Schipporeit spoke to Mr. Corbin and Mr. Schroeder, who was driving a silver Toyota truck. Sgt. Maestas stated that he did not recall the extent of the conversation between Agt. Schipporeit and Mr. Schroeder. Sgt. Maestas stated that they had the two parties separated and Agt. Schipporeit was speaking primarily with Mr. Schroeder and then came and dealt with Mr. Corbin. Sgt. Maestas stated that Mr. Schroeder was the person who was the patron. Sgt. Maestas stated that no one else approached them at the Cordial Lounge that night.
In answer to Mr. Gorney’s questions, Sgt. Maestas stated that Mr. Schroeder did not drive up in a silver Toyota truck; he was in a silver Toyota truck. Sgt. Maestas stated that the vehicle was parked in the lot and Mr. Schroeder and Mr. Corbin were by the door when he pulled into the lot.
In answer to Ms. Roth’s questions, Sgt. Maestas stated that he did not see Mr. Schroeder driving the vehicle until he left the Cordial Lounge.
In answer to Mr. Miller’s questions, Sgt. Maestas stated that he did not hear the conversation between Agt. Schipporeit and Mr. Schroeder. Sgt. Maestas stated that he did hear the conversation between Agt. Schipporeit and the bartender, Mr. Corbin. Sgt. Maestas stated that Mr. Corbin had said that he had been drinking but he did not give a timeframe as to when. Sgt. Maestas stated that Mr. Corbin’s condition was severely intoxicated.
There were no further questions for Sgt. Maestas and he was excused.
Ms. Roth stated that Agt. Schipporeit testified that he responded to the Cordial Lounge and spoke with two male individuals, one being James Phillip Corbin, who was the bartender at the Cordial Lounge, and Mr. Schroeder. Ms. Roth stated that Agt. Schipporeit testified that Mr. Corbin was intoxicated and was taken to detox that evening and that Mr. Corbin had stated that he drank Pabst Blue Ribbon Beer that evening. Ms. Roth stated that Agt. Schipporeit also talked to Mr. Schroeder who stated that Mr. Corbin had been drinking Pabst Blue Ribbon and he drank them after the bar closed. Ms. Roth stated that Agt. Schipporeit testified that Mr. Schroeder was not intoxicated at the time that he contacted him. Ms. Roth stated that it did not make sense that Mr. Schroeder would tell the police agents that Mr. Corbin was drinking after hours if he was not. Ms. Roth stated there was nothing for Mr. Schroeder to gain from that. Ms. Roth stated that she was asking the Authority to find that there was a violation that evening and that the bartender had been drinking after hours.
Mr. Gorney stated that after looking at the video tape and seeing that no one was in the building after 2:00 a.m., he found it very hard to believe that Mr. Schroeder could actually have witnessed someone consuming alcohol inside the premises when there was no one but the bartender in the premises. Mr. Gorney stated that he did not know why Mr. Schroeder said that Mr. Corbin was drinking after hours. Mr. Gorney stated there was no alcohol consumption after the hours of 2:00 a.m. Mr. Gorney stated that Mr. Corbin was intoxicated and was terminated for that fact but not because he was drinking alcohol after hours because there was no consumption of alcohol after hours. Mr. Gorney stated that the Authority had to find guilt in the company and he had not heard that today. Mr. Gorney stated there was only his testimony and that of his bartender. Mr. Gorney stated there were no open containers or any signs that the alcohol was consumed after hours and that there was no way to tell if Mr. Corbin was drinking after hours by his level of intoxication. Mr. Gorney stated that it takes hours for alcohol to leave a person’s system. Mr. Gorney stated that if Mr. Corbin had six Pabst Blue Ribbons and a shot of Yeager, which he saw Mr. Corbin drink on the video tape, it would be impossible to tell when he had consumed the beverages. Mr. Gorney stated that he was stating under oath that he did watch the video tape and Mr. Corbin was not consuming alcohol after hours. Mr. Gorney stated that Mr. Corbin did not say that he was consuming alcohol after hours and the only person who did say that was not at the hearing. Mr. Gorney stated that he was hoping that this would be dismissed.
In answer to Mr. Miller’s question, Mr. Gorney stated that Mr. Schroeder had left before 2:00 a.m. and was concerned about Mr. Corbin because Mr. Corbin was calling a cab and so Mr. Schroeder came back to the premises. Mr. Gorney stated that Mr. Schroeder was not in the building after 2:00 a.m. Mr. Gorney stated the source of the information was the video tape.
Mr. Miller stated that there was not any question, by virtue of Mr. Gorney’s own testimony, that Mr. Corbin was visibly intoxicated on the licensed premises and that there was absolutely no question of that violation.
Mr. Gorney stated that he did not see Mr. Corbin’s state of mind but that he heard him over the phone, and by what was said by the officers, and by the fact that he was in detox, that it did seem that Mr. Corbin was intoxicated but that was not the reason he was brought to the hearing.
In answer to Mr. Miller’s questions, Mr. Gorney stated that he was not furnished with a copy of the police report and that he did not request a copy of the report. Mr. Gorney stated that he had not reviewed Officer Schipporeit’s statement but that he did know that he could have obtained a copy of the report.
Mr. Miller stated that if Mr. Gorney had reviewed Officer Schipporeit’s statement, he would have seen the account by Mr. Schroeder that the agent testified to at the hearing, which stated that the bartender was drinking after hours.
Mr. Miller stated that Mr. Schroeder’s statement seemed to be in conflict. Mr. Miller stated that the officer had testified as to what Mr. Schroeder told him and Mr. Gorney testified that he had looked at video surveillance and there was no evidence that Mr. Schroeder was there after closing hours. Mr. Miller stated that there was no conflict with respect to the violation of Regulation 47-900 and Colorado State Statute 12-47-901 regarding a visibly intoxicated person being on the premises.
Mr. Miller read out loud Regulation 47-600(D) and (E).
Mr. Miller stated that the violation regarding a visibly intoxicated person being on the premises had been clearly established. Mr. Miller stated he would have to continue the hearing to allow Mr. Gorney to present any evidence he would like to present if he were to go forward with the violation of a visibly intoxicated person on the licensed premises.
In answer to Mr. Miller’s question, Ms. Roth stated that Mr. Miller had the authority to continue the hearing under Regulation 47-600 and she would be in favor of continuing the hearing and proceeding with that violation.
Mr. Gorney was given Regulation 47-600 (D) and (E) and State Statute 12-47-901(1)(a) to review.
Mr. Miller stated that by Mr. Gorney’s own testimony, the bartender had difficulty closing out his own register and there was no question that Mr. Corbin was visibly intoxicated on the licensed premises. Mr. Miller stated that he could not ignore the evidence regarding this violation that was presented at this hearing.
Mr. Gorney stated that in all the testimony that was presented at the hearing, there was none stating that Mr. Corbin had served alcohol to anyone who was intoxicated and that Mr. Corbin was doing his best to get off the licensed premises.
Mr. Miller stated that the Authority had heard the evidence that had been presented through the testimony of Officer Schipporeit and Sgt. Maestas that on January 28, 2009 at approximately 3:10 a.m., the officers were responding to an alarm at the Cordial Lounge and observed two males on the premises. One of the males being an employee of the licensee and was in a state of high intoxication and had by his own statements and the statements of the other male, Mr. Schroeder, a patron of the licensed premises, and of the owner of the licensed premises, Mr. Gorney, who observed the video and saw other patrons purchase alcohol for Mr. Corbin, that Mr. Corbin had consumed the alcohol on the licensed premises. Mr. Miller stated that Mr. Corbin did not state what time he consumed the alcohol but the patron, Mr. Schroeder, did, in fact, state to the officer that Mr. Corbin had consumed alcohol after the hours at which alcohol may be served on the licensed premises. Mr. Miller stated that Mr. Schroeder’s statement was contained in the officer’s written report.
Mr. Miller found that there was evidence establishing that there was consumption on the licensed premises after the hours during which alcohol could be served in violation of Regulation 47-910 and C.R.S. 12-47-901(5)(b)(I). Mr. Miller stated that the Authority would not pursue the evidence that came up during the course of the hearing with respect to permitting the loitering or consumption by a visibly intoxicated person in violation of Regulation 47-900 and C.R.S. 12-47-901.
Mr. Miller requested the disciplinary history for the Cordial Lounge.
Ms. Wamboldt stated there were two previous violations. Ms. Wamboldt stated that one violation occurred on March 27, 2007 for serving alcohol after hours with the hearing being held on June 14, 2007 and the licensee received a penalty of five days suspension with three days held in abeyance for one year. Ms. Wamboldt stated that the licensee paid a fine in lieu of suspension. Ms. Wamboldt stated that the other violation occurred in March of 2004 for sale to a minor and the hearing was held on May 27, 2004.
Mr. Miller stated that he was continuing the hearing until April 23, 2009 to prepare written Findings and Conclusions. Mr. Miller stated that Mr. Gorney’s time to appeal the decision would begin after the written Findings and Conclusions were entered into the record at the next hearing. Mr. Miller stated that at the next meeting, he would determine what the appropriate penalty would be.
ITEM 4 – SHOW CAUSE HEARING
Tavern License
Diakoumakos Corp.
d/b/a The Dive Bar & Grill
11810 W. Colfax Ave.
Ms. Roth, Chief Municipal Prosecutor, asked for a five minute recess so that she could speak with the licensee, Georgia Grivas. Ms. Roth stated that she had not had a chance to talk with Ms. Grivas because Ms. Grivas had arrived right at 2:00 p.m. and the meeting had already started.
The Liquor Licensing Authority took a break at 3:08 p.m. and reconvened at 3:15 p.m.
Ms. Roth stated that she had reached an agreement with the licensee and that the licensee would admit to the violation, Conduct of Establishment. 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.
Georgia Grivas, 11810 W. Colfax Ave., Lakewood, CO 80401, was sworn in and stated that she was admitting to the violation.
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 on November 26, 2008 and the following penalty be imposed upon Diakoumakos Corp., d/b/a The Dive Bar & Grill. 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 April 9, 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 April 9, 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 would begin at 7:00 a.m. April 10, 2009 and end on April 15, 2009 at 7:00 a.m. Mr. Miller found that Diakoumakos Corp., d/b/a The Dive Bar & Grill, be permitted to pay a fine in lieu of five days actual suspension imposed.
ITEM 5 – SHOW CAUSE HEARING
Tavern License
SFH Enterprises, LLC
d/b/a Cleopatra’s
6045 W. Alameda Ave.
Ms. Wamboldt stated that the City of Lakewood had requested a continuance because one of the witnesses could not attend this hearing. Ms. Wamboldt stated that the licensee’s attorney had no objections to continuing the hearing and it had been administratively continued to June 18, 2009.
ITEM 6 – GENERAL BUSINESS
There was no general business to be discussed.
ITEM 7 – ADJOURNMENT
There being no further business to come before the Authority, Richard Miller adjourned the meeting at 3:22 p.m.
Richard Miller, Hearing Officer, Lakewood Liquor and Fermented Malt Beverage Licensing Authority
Joyce Wamboldt, Liquor Licensing Specialist
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