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MINUTES
REGULAR MEETING OF
LAKEWOOD LIQUOR AND FERMENTED MALT BEVERAGE
LICENSING AUTHORITY
April 23, 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 2:20 p.m.
ITEM 2 – SHOW CAUSE HEARING (Continued from 1/22/09)
Tavern License
El Torito Bar & Grill, LLC
d/b/a El Torito Bar & Grill
999 Sheridan Blvd.
Ms. Roth stated that she had reached an agreement with the licensee’s attorney, Mr. Franco, and that the licensee would admit to two of the violations that were in paragraphs #3 and #4 of the complaint for Conduct of Establishment, and the City would dismiss the other two violations that were in paragraphs #2 and #5 of the complaint. Ms. Roth stated that the City was recommending twelve days suspension, seven days for this offense and five days that were being held in abeyance for one year from a previous violation.
In answer to Mr. Miller’s question, Ms. Wamboldt stated that the previous hearing was held on April 24, 2008 and the five days that were held in abeyance started April 25, 2008. Ms. Wamboldt stated that the violation was Conduct of Establishment and that there were multiple offenses. Ms. Wamboldt stated that at the hearing in 2008, the licensee had admitted to two of the violations, paragraphs #3 and #4 of the complaint and two of the violations were dismissed. Ms. Wamboldt stated that paragraph three was due to a report of a fight on October 14, 2007. Ms. Wamboldt read the complaint out loud, which stated that the police found a female passed out in the downstairs area of the bar. The complaint stated that the agents contacted the female who eventually woke up and said that she was an employee of the bar and had been drinking while working there. The complaint stated that the female was visibly intoxicated.
Ms. Wamboldt read out loud paragraph #4 of the complaint, which stated that the police were called on January 6, 2008 on a report of someone selling drugs in the bathroom. The complaint stated that the police found a woman lying on the basement floor and after several unsuccessful attempts at trying to wake the female; she finally woke up and was visibly intoxicated. The complaint stated that the police agents learned that the female was an employee of El Torito Bar & Grill and that on the female’s person was cocaine. Ms. Wamboldt stated that paragraph #2 of the complaint was dismissed.
Ms. Roth stated that this agreement was made between Mr. Franco and Paul Kennebeck, Lakewood Deputy City Attorney. Ms. Roth stated that the licensee was going to be transferring the liquor license and was getting out of the business. Ms. Roth stated that this was one of the reasons why Mr. Kennebeck offered the stipulation to
Mr. Franco.
Vincent Franco, Registration No. 6581, stated that he was representing the licensee.
Manuel Mercado, 999 Sheridan Blvd., Lakewood, CO 80214, was sworn in and stated that he was the managing member of El Torito Bar and Grill.
Mr. Franco stated that the two counts that his client was admitting to started inside the establishment but that no violence or problems had occurred inside the establishment. Mr. Franco stated that the problems arose when the females went to the parking lot to get into their cars and that was when the police were called. Mr. Franco stated that one of the issues was a domestic violence situation between a husband and wife and the other situation occurred when a security guard asked a customer to leave and the customer became unruly and they had to subdue the customer. Mr. Franco asked Mr. Miller to take these two situations into consideration. Mr. Franco asked that because of the poor economy, the actual days of suspension be spread out to allow the business to operate on Thursday, Friday, Saturday and Sunday and close three days per week on Monday, Tuesday and Wednesday. Mr. Franco stated that Mr. Kennebeck and Ms. Roth had no position on this.
In answer to Mr. Miller’s question, Mr. Franco stated that Mr. Mercado was divorced from his wife and that she had been helping Mr. Mercado prior to all of the problems arising at the bar and that she was interested in taking over the business. Mr. Franco stated that his client would like to terminate this case completely and then transfer the liquor license over to Mr. Mercado’s ex-wife. Mr. Franco stated that part of the martial situation contributed to the mismanagement and problems that were stated in the complaints. Mr. Franco stated that the ex-wife was not a part of the problem and had been removed from the situation about a year to a year and a half ago.
Mr. Miller stated that he would accept the stipulation between Mr. Kennebeck and the licensee. Mr. Miller found that the violations that were alleged in paragraphs #3 and #4 of the complaint had occurred and dismissed the violations in paragraphs #2 and #5. Mr. Miller stated that he would accept the City’s recommendation of twelve days suspension, however he would be of a mind for a substantially lengthier suspension if not a revocation of the liquor license, were it not for this stipulation. Mr. Miller stated that the licensee had a real problem at the establishment and that transferring the liquor license to Mr. Mercado’s wife could be just transferring the problem to her. Mr. Miller stated that within a two year period, there were eight violations of a serious nature. Mr. Miller stated that the licensee should reflect on his business model and look at the life expectancy of the liquor license, which could be very short if the problems continued. Mr. Miller stated that he would allow the licensee to serve the twelve-day suspension in two six-day periods. Mr. Miller stated that these were serious violations, violence on the premises and intoxicated employees. Mr. Miller stated that the establishment was using a disproportionate amount of police resources and that it was a problem for the community. Mr. Miller stated that breaking the suspension into four Monday, Tuesday and Wednesday periods would not get the message across as to how serious the licensee’s problems were. Mr. Miller stated that if there was another complaint similar to this one, there would be a problem keeping the license in effect.
Mr. Miller found that the violations that were alleged in paragraphs #3 and #4 of the complaint had occurred and dismissed the violations in paragraphs #2 and #5. A suspension of twelve days be imposed, seven days suspension for the two violations on the complaint and five days suspension for the days held in abeyance from the previous hearing held on April 24, 2008. Six days of the twelve-day suspension would begin at 7:00 a.m. April 27, 2009 and end on May 3, 2009 at 7:00 a.m. and the second six days of the twelve-day suspension would begin again on 7:00 a.m. May 18, 2009 and end on May 24, 2009 at 7:00 a.m.
ITEM 3 – SHOW CAUSE HEARING (Continued from 1/22/09 and 3/12/09)
Hotel & Restaurant License
ZRC Operations Company, Inc.
d/b/a Qdoba Mexican Grill
14231 W. Colfax Ave.
Ms. Roth stated that she had reached an agreement with the licensee and that the licensee would admit to the violation, Sale to a Minor. 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.
Kelly Pietrs, Registration No. 18666, stated that she was the attorney representing the licensee. Ms. Pietrs stated that her client was admitting to the violation and that her client was very sorry and understood how important it was not to serve minors.
Robert Hosseini, 3634 Huron Peak Ave., Superior, CO 80027, was sworn in and stated that he was the Regional Manager of ZRC Operations Company, Inc. Mr. Hosseini stated that the cashier, Zach, who sold to the minor, had just lost his newborn baby four days before the incident occurred. Mr. Hosseini stated that they had given him days off to recover from the loss, but that on the fourth day, Zach called and said that he wanted to come back to work because he could not afford to take any more time off. Mr. Hosseini stated that after Zach came back to work, the minor came in and asked for the alcohol and Zach did not ask for the minor’s I.D., which was against the company’s policy. Mr. Hosseini stated that a cashier cannot sell alcohol to anyone unless the driver’s license is swiped on a magnetic reader. Mr. Hosseini stated that somehow Zach overrode the system and did not ask for a manager to be present, which was also against the company’s policy. Mr. Hosseini stated that Zach was terminated on the spot. Mr. Hosseini stated that after this incident, their I.T. Department went over the system to make certain that a cashier could not override the system. Mr. Hosseini stated that every liquor transaction must be monitored by the manager on the premises.
Ms. Pietrs stated that due to the circumstances surrounding the sale to a minor, she requested that Qdoba be allowed to serve a one-day suspension with a fine in lieu of suspension. Ms. Pietrs stated that the police officers that were on scene did not issue a ticket to Zach because of his emotional distress.
Mr. Miller stated that he did not find that the underlying facts of the violation were so compelling to modify the standard sanction. Mr. Miller stated that virtually in every case, there was a justification or a reason for the sale and that some are fairly compelling. Mr. Miller stated that the individual was apparently in no state of mind to assume responsibilities again but was given those responsibilities. Mr. Miller stated that this was due to a lack of adequate supervision of the employee.
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 October 16, 2008 and the following penalty be imposed upon ZRC Operations Company, Inc., d/b/a Qdoba Mexican 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 23, 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 23, 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 24, 2009 and end on April 29, 2009 at 7:00 a.m. Mr. Miller found that ZRC Operations Company, Inc., d/b/a Qdoba Mexican Grill, be permitted to pay a fine in lieu of five days actual suspension imposed.
ITEM 4 – SHOW CAUSE HEARING (Continued from 4/9/09)
Hotel & Restaurant License
GWG Productions, Inc.
d/b/a The Cordial Lounge & Restaurant
1521 Pierce St.
Ms. Wamboldt stated that the attorney for the licensee could not attend today’s meeting. Ms. Wamboldt stated that she had spoken to Mr. Miller prior to today’s meeting and that Mr. Miller had agreed to continue the hearing to May 14, 2009.
ITEM 5 – SHOW CAUSE HEARING (Continued from 3/12/09)
Retail Liquor License
Prisha, Inc.
d/b/a Giant Discount Liquors
1000 S. Wadsworth Blvd., Unit C
Ms. Roth stated that her witness had not appeared for this hearing and asked to dismiss the complaint.
Edward Lederman, Registration No. 23629, stated that he was representing the licensee and that he had no objections to the complaint being dismissed.
Mr. Miller dismissed the complaint.
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 2:50 p.m.
Richard Miller, Hearing Officer, Lakewood Liquor and Fermented Malt Beverage Licensing Authority
Joyce Wamboldt, Liquor Licensing Specialist
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