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MINUTES
REGULAR MEETING OF
LAKEWOOD LIQUOR AND FERMENTED MALT BEVERAGE
LICENSING AUTHORITY
July 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 1:56 p.m.
Mr. Miller moved the items on the agenda.
ITEM 2 – SHOW CAUSE HEARING
Hotel & Restaurant License
Nite Owl Sports Bar and Grill, Inc.
d/b/a Nite Owl Sports Bar and Grill
1050 S. Wadsworth Blvd., Unit T
Mr. Kennebeck, Lakewood Deputy City Attorney, stated that Mr. Marvin Johnston, owner of the establishment was present. Mr. Kennebeck stated that the City had planned to move forward on the hearing today and that Jennifer Roth, Lakewood Municipal Prosecutor, had subpoenaed seven or eight police agents. Mr. Kennebeck stated that all or most of them, including Ms. Roth, were at a funeral of another Lakewood police agent today. Mr. Kennebeck stated that the subpoenas were cancelled and that he was asking for a continuance.
Marvin Johnston, 6649 S. Everett Way, Littleton, CO 80123, was sworn in and stated that he had no objection to the continuance.
Mr. Miller stated that the motion to continue the hearing was granted and that the hearing for Nite Owl Sports Bar and Grill, Inc., d/b/a Nite Owl Sports Bar and Grill was continued to August 27, 2009 at 2:00 p.m.
ITEM 3 – NEW APPLICATION
Hotel & Restaurant License
El Tapatio, Inc.
d/b/a El Tapatio
3601 S. Wadsworth Blvd.
Thomas Dunn, Registration No. 9395, stated he was the attorney representing the licensee.
Mr. Kennebeck stated that his office had reviewed the file and that everything was in order.
Kelly Pietrs, Esquire Petitioning Services, LLC, 2792 S. Race St., Denver, CO 80210, was sworn in. Ms. Pietrs stated she was retained to do the petitioning for El Tapatio, Inc. Ms. Pietrs stated the procedures used to do the petitions and the results of the survey.
Aglahe Padilla, 2679 S. Newcombe St., Lakewood, CO 80227, was sworn in and stated she was the registered manager of El Tapatio and stated her history in the restaurant business. Ms. Padilla stated that she and her employees would be attending the Lakewood Alcohol Awareness class. Ms. Padilla stated the policies and procedures regarding the sale of alcohol.
There was a question and answer period between Mr. Miller and Ms. Padilla.
Mr. Miller having found that all of the requirements for a Hotel & Restaurant License had been satisfied, approved the application for a Hotel & Restaurant License for El Tapatio, Inc., d/b/a El Tapatio, located at 3601 S. Wadsworth Blvd., contingent upon a positive recommendation by the Lakewood Police Department after the background investigation has been completed.
ITEM 4 – SHOW CAUSE HEARING
Brew Pub License
M R Mader Enterprise, LLC
d/b/a Ironworks Brewery & Pub
12354 W. Alameda Pkwy., Unit E
Mr. Kennebeck stated that Ms. Roth had reached an agreement with the licensee and that the licensee would admit to the violation of Conduct of Establishment that occurred on March 31, 2009 and the City would dismiss the violation that occurred on January 24, 2009. Mr. Kennebeck stated that the licensee had one prior violation within the last year and that five days were being held in abeyance for one year that would have to be served. Mr. Kennebeck stated that the City was recommending an additional two days suspension for this offense and another twelve days that would be held in abeyance for one year.
Mr. Kennebeck asked for a brief recess so Mr. Mader, owner of Ironworks Brewery & Pub, could read the stipulation that had been prepared by Ms. Roth, Chief Municipal Prosecutor.
Mr. Miller called a recess at 2:21 p.m. and he reconvened the session at 2:29 p.m.
Mr. Kennebeck stated that the stipulation had been executed by all parties.
Mike R. Mader, 2920 Emporia Ct., Denver, CO 80238, was sworn in and stated he had read the stipulation and he agreed to the contents of the stipulation.
Mr. Miller stated that he would accept the stipulation between Ms. Roth and the licensee. Mr. Miller dismissed the violation that allegedly occurred on January 24, 2009. Mr. Miller found that the violation that was alleged in the complaint had occurred on March 31, 2009 and the following penalty be imposed upon M R Mader Enterprise, LLC, d/b/a Ironworks Brewery & Pub. A suspension of fourteen days be imposed and that twelve of the days be held in abeyance for a period of one year, commencing on July 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 July 9, 2009, regardless of when the hearing on such violation should be held, the twelve 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 previous hearing be added onto the two days suspension to be served. Mr. Miller stated that the seven days of suspension could be split into two periods. The balance of the suspension would begin at 7:00 a.m. July 11, 2009 and end on July 16, 2009 at 7:00 a.m. and then start again at 7:00 a.m. July 19, 2009 and end on July 21, 2009 at 7:00 a.m.
ITEM 5 – GENERAL BUSINESS
There was no general business to be discussed.
ITEM 6 – ADJOURNMENT
There being no further business to come before the Authority, Richard Miller adjourned the meeting at 2:40 p.m.
Richard Miller, Hearing Officer, Lakewood Liquor and Fermented Malt Beverage Licensing Authority
Joyce Wamboldt, Liquor Licensing Specialist
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