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MINUTES
REGULAR MEETING OF
LAKEWOOD LIQUOR AND FERMENTED MALT BEVERAGE
LICENSING AUTHORITY
May 28, 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 2:03 p.m.
ITEM 2 – SHOW CAUSE HEARING (Continued from 5/14/09)
Hotel & Restaurant License
GWG Productions, Inc.
d/b/a The Cordial Lounge & Restaurant
1521 Pierce St.
Otto Hilbert, Registration No. 18363, stated he was the attorney representing the licensee.
Mr. Miller stated that he had prepared a decision regarding the Show Cause Hearing that closed on May 14, 2009. Mr. Miller read the decision into the record. Mr. Miller stated that if the licensee chose to appeal his decision, right of appeal would begin thirty days from the date of the decision, which would be today.
In answer to Mr. Miller’s question, Ms. Wamboldt stated the licensee had a violation on March 19, 2004 for Sale to a Minor and the hearing was held May 27, 2004.
Ms. Wamboldt stated there was another violation on March 9, 2007 and the hearing was held on June 14, 2007 for serving alcohol after hours. Ms. Wamboldt stated the details surrounding the violation of March 9, 2007.
Mr. Hilbert stated that the licensee tried to abide by the law and had been, for the most part, very successful in doing so. Mr. Hilbert stated that the important thing to recognize was that Mr. Corbin, the bartender, was terminated and that the licensee was continuing to carefully select employees and monitor them. Mr. Hilbert stated that Mr. Corbin had worked for 32 straight days, twelve to fifteen hours a day, and that Mr. Gorney, the owner, had no indication of the circumstances that had developed on the evening of January 28, 2009. Mr. Hilbert stated that Mr. Gorney spent hours and hours at the bar and could not be there all the time. Mr. Hilbert stated he had taken every remedial action to make sure that this incident would not happen again. Mr. Hilbert stated that the two previous violations were significantly in the past. Mr. Hilbert stated there was no incident that caused injury to anyone else. Mr. Hilbert stated that the bartender, Mr. Corbin, should not have been at the bar intoxicated, but nobody in the community was affected adversely by this incident. Mr. Hilbert stated that he was asking Mr. Miller for leniency.
In answer to Mr. Miller’s question, Ms. Wamboldt stated that the violation in 2007 had a penalty of five days suspension with three days held in abeyance for one year.
Mr. Hilbert stated that the licensee paid a fine in lieu of suspension and that no suspension had actually been served.
Mr. Miller stated that the charge that he had dismissed, consumption of alcohol after hours, was similar to the charge in 2007 and that it was a further illustration of the lack of supervision at the end of the day. Mr. Miller stated that the bartender, by his own admission, was an alcoholic with three prior D.U.I.’s and he was put in charge of the bar. Mr. Miller stated that it would have been advisable for someone to check in with the bartender sometime near the end of the shift to see whether there were any problems that had occurred. Mr. Miller stated that there was no incident attributable to the intoxication of the bartender but that it was a violation of Colorado State Regulation 47-900. Mr. Miller stated there was a failure to run the bar in a decent, orderly and respectable manner.
Mr. Miller found that a violation had occurred on January 28, 2009 and the following penalty be imposed upon GWG Productions, Inc., d/b/a The Cordial Lounge and Restaurant. A suspension of seven days be imposed and that five of the days be held in abeyance for a period of one year, commencing on May 28, 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 May 28, 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. July 8, 2009 and end on July 10, 2009 at 7:00 a.m.
Mr. Miller stated there was one minor typing error that needed to be corrected on the written decision. Mr. Miller stated that he would call a 5-minute recess to correct the error and he would sign the written decision and give a copy to Mr. Hilbert.
Mr. Miller called a recess at 2:23 p.m. and he reconvened the session at 2:27 p.m.
Mr. Miller stated that the 30-day period to file an appeal under Rule 106 would commence today.
Mr. Miller stated that the representative of Hart’s Corner was waiting for a phone call and called Item 4 before Item 3.
ITEM 4 – GENERAL BUSINESS
Ms. Roth stated that she had an amended complaint to bring forward. Ms. Roth stated that the first complaint for Steve B. Gordon & Assoc., Inc., d/b/a Frontroom Pizza, 13795 W. Jewell Ave., stated the wrong type of liquor license. Ms. Roth stated that Frontroom Pizza held a Beer and Wine License and not a Hotel & Restaurant License.
Ms. Roth stated that the original complaint had already been served to the licensee but that the licensee knew that the amended complaint was forthcoming.
Mr. Miller stated that he would sign the amended complaint and ordered the amended complaint to be served to the licensee.
Ms. Roth stated that there were two complaints that were being brought forward for motions to show cause.
The first complaint was for M R Mader Enterprise, LLC, d/b/a Ironworks Brewery & Pub, 12354 W. Alameda Pkwy., for alleged 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 Brew Pub License held by M R Mader Enterprise, LLC, d/b/a Ironworks Brewery & Pub, 12354 W. Alameda Pkwy., should not be suspended or revoked, such hearing to be held on July 9, 2009.
The second complaint was for Nite Owl Sports Bar and Grill, Inc., d/b/a Nite Owl Sports Bar and Grill, 1050 S. Wadsworth Blvd., Unit T, for alleged 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 & Restaurant License held by Nite Owl Sports Bar and Grill, Inc., d/b/a Nite Owl Sports Bar and Grill, 1050 S. Wadsworth Blvd., Unit T, should not be suspended or revoked, such hearing to be held on July 9, 2009.
Mr. Miller called a recess at 2:45 p.m. because the representative for Hart’s Corner Bar was not yet present and he reconvened the session at 2:49 p.m.
ITEM 3 – SHOW CAUSE HEARING (Continued from 1/22/09 and 3/26/09)
Tavern License
BKM Investments, Inc.
d/b/a Hart’s Corner Bar
5201 W. Mississippi Ave.
Kallman Elinoff, Registration No. 18677, stated he was the attorney representing Hart’s Corner Bar.
Ms. Roth stated that she had reached an agreement with Mr. Elinoff and that the licensee would admit to the violation that occurred on November 23, 2008, Conduct of Establishment, and the City would dismiss the incident that occurred on September 6, 2008. Ms. Roth stated that this was their second offense and the previous hearing was held in May of 2008. Ms. Roth stated that the City was recommending a fourteen-day suspension with seven days held in abeyance for one year plus the licensee would have to serve the additional five days that were being held in abeyance from the hearing held in 2008.
In answer to Mr. Miller’s question, Ms. Wamboldt stated that there were three previous violations. Ms. Wamboldt stated that one of the violations, for Conduct of Establishment, occurred on December 2, 2007. Ms. Wamboldt stated that the police were called to Hart’s Corner Bar on a report of a fight. Ms. Wamboldt stated that on February 9, 2008, the police responded to Hart’s Corner Bar on a report of an assault. Ms. Wamboldt stated that on March 30, 2008, the police responded on the report of an unwanted person and while they were there, a patron showed signs of being intoxicated. Ms. Wamboldt stated that the hearing was held on May 22, 2008.
Ms. Wamboldt stated that there were five days being held in abeyance for one year.
Mr. Miller stated that there were two separate complaints for this hearing, one for Conduct of Establishment, due to an incident that occurred on September 6, 2008, and another for Conduct of Establishment, due to an incident that occurred on November 23, 2008. Mr. Miller stated the circumstances regarding the incident that occurred on November 23, 2008.
Mr. Elinoff stated that the licensee was admitting to the violation that occurred on November 23, 2008. Mr. Elinoff stated that the owner and the manager, who was in charge of security, were present at the hearing.
Benita Miller, 6506 S. Richfield Street, Aurora, CO 80016, was sworn in.
Matthew Evans Jones, 9525 W. Coal Mine Avenue, Littleton, CO 80123, was sworn in.
Mr. Elinoff stated that when Ms. Miller, the owner of Hart’s Corner Bar, got into the bar business, she was not an experienced bar owner. Mr. Elinoff stated that she was a 30-year executive with UPS, who put her pension into the bar, looking to the bar as her retirement income. Mr. Elinoff stated that Ms. Miller was naïve, as was her husband, when they purchased the bar and were not aware of the notorious aspect of the operation. Mr. Elinoff stated that Ms. Miller had become much more sophisticated and knowledgeable and had implemented many, many procedures to handle most of the situations that might occur. Mr. Elinoff stated that every measure conceivable used to prevent this situation from happening could not have stopped the fight. Mr. Elinoff stated the thing that could have been done differently was to have moved the patrons involved in the incident off the parking lot. Mr. Elinoff stated that he was asking to reduce the amount of days suspended and they were asking for a staggered approach for the days of suspension. Mr. Elinoff stated that Ms. Miller is still in the learning process regarding implementing safety features and security procedures at the bar. Mr. Elinoff stated that the Millers take this very seriously. Mr. Elinoff stated that this is their retirement and they take great pride in the bar. Mr. Elinoff stated that the Millers feel they are a positive asset to the area. Mr. Elinoff stated that they have taken the bar from its notorious nature from years ago and have imposed a higher quality of food, service and clientele. Mr. Elinoff stated that the employees are working with Ms. Miller to improve the procedures and that a week or ten-day straight suspension would be an adverse situation to the employees.
Ms. Miller stated that she and her husband have tried very hard to cleanup the bar. Ms. Miller stated that they have eliminated a number of people who were regulars in the bar and were causing trouble. Ms. Miller stated the measures she had taken to eliminate the problems in the bar. Ms. Miller stated that the bar was 40 years old and was not only historical but notorious for being a rougher bar. Ms. Miller stated that they are trying to change that and make it a pleasant place to visit.
Mr. Jones stated that he was in charge of security. Mr. Jones stated that the people who were causing problems at the bar are no longer allowed in the bar. Mr. Jones stated that it was a rougher neighborhood and that Hart’s had been known for a long time as a place to go and be rowdy. Mr. Jones stated that the police have not been called to the bar since the last incident on November 23, 2008. Mr. Jones stated that he had developed a good rapport with the Lakewood Police and talked to them about ways to improve the bar. Mr. Jones stated the steps that have been taken to improve the bar.
Ms. Roth stated that she had no objection to the suspension being staggered.
Mr. Miller stated that there had been five charged violations in the past year, one of which was being dismissed at this hearing. Mr. Miller stated they were all of the same kind and nature. Mr. Miller stated that it was not the City’s responsibility to go in and clean up the bar three or four times a year. Mr. Miller stated that if there was another Show Cause Hearing in the not too distant future, Ms. Miller could lose her liquor license or have to serve a very lengthy suspension.
Mr. Miller stated that he would accept the stipulation between Ms. Roth and the licensee. Mr. Miller dismissed the alleged violation that occurred on September 6, 2008. Mr. Miller found that the violation that was alleged in the complaint had occurred on November 23, 2008 and that the following penalty be imposed upon BKM Investments, Inc., d/b/a Hart’s Corner Bar. A suspension of fourteen days be imposed and that seven of the fourteen days be held in abeyance for a period of one year, commencing on May 28, 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 May 28, 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. Mr. Miller found that the five days that had been held in abeyance from the hearing held on May 22, 2008 be added onto the seven days suspension to be served. Mr. Miller stated that the twelve days of suspension could be served in three periods of four days. The balance of the suspension would begin at 7:00 a.m. June 7, 2009 and end on June 11, 2009 at 7:00 a.m., begin again at 7:00 a.m. June 28, 2009 and end on July 2, 2009 and begin again July 19, 2009 and end on July 23, 2009 at 7:00 a.m.
Lenora Moore, Lakewood Liquor Inspector, stated that she was requesting that she be allowed to post the hearing dates on the Friday prior to the suspension beginning on Sunday, June 7, 2009, list the dates of the three suspension periods on the same posting and to have the posting remain on the licensed premises through the final suspension period.
Mr. Miller stated that he would allow the City to post the suspension on the premises on the Friday preceding the beginning of the June 7, 2009 suspension and that the notice of the suspension would remain in place through July 23, 2009 at 7:00 a.m.
ITEM 5 – ADJOURNMENT
There being no further business to come before the Authority, Richard Miller adjourned the meeting at 3:19 p.m.
Richard Miller, Hearing Officer, Lakewood Liquor and Fermented Malt Beverage Licensing Authority
Joyce Wamboldt, Liquor Licensing Specialist
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