The URL can be used to link to this page

Home My WebLink AboutLiquor Licensing Authority - Minutes - 11/18/2021 LIQUOR LICENSING AUTHORITY MINUTES Regular Meeting. – November 18, 2021 1:00 p.m. Staff Liaison: Aimee Jensen A regular meeting of the Liquor Licensing Authority was held November 18, 2021, in Municipal Court, 215 North Mason Chief Judge Hueser presiding. Secretary’s Note: All applications were heard via Zoom. Staff in attendance: Bronwyn Scurlock, Assistant City Attorney II Carrie Ripsam, Liquor Enforcement Officer Aimee Jensen, Deputy City Clerk Consent Agenda Approved: · Minutes from the October 21, 2021, meeting. Liquor Enforcement Update Liquor Enforcement Officer Ripsam stated Fort Collins Police Services conducted random compliance checks: · October 27, 2021, visiting 8 liquor licensed establishments of which 5 served the underage operative: a failure rate of 62.5%. · November 11, 2021, visiting 10 liquor licensed establishments of which 5 served the underage operative: a failure rate of 50%. · November 17, 2021, visiting 12 liquor licensed establishments of which 1 served the underage operative: a failure rate of 8.3%/ Liquor Enforcement Officer Ripsam stated that the overall failure rate is now 20% so far for 2021. Show Cause Hearing for Nasib Abrielle, Inc./7-Eleven, Inc., dba 7-Eleven Store, 35506B, 505 South Shields Street Stipulation Agreement Accepted Kevin Coates, attorney representing Nasib Abrielle, Inc./7-Eleven, Inc., stated he has had an opportunity to review the stipulation agreement with his client and that they have agreed to the terms. He stated that the employee involved with this violation has been terminated. DocuSign Envelope ID: 5DF3C7BD-EBAB-4C0F-8B38-857BC5506D4C November 18, 2021 P a g e 2 | 6 Assistant City Attorney Scurlock reviewed the terms of the stipulation agreement, noting the Licensee agreed to a 15-day suspension, 5 days served (paid $500 fine in lieu of suspension), with 10 days held in abeyance for one year for violating Colorado Liquor Regulation 47-900(A) Orderliness, loitering, serving of intoxicated persons. Each person licensed under Article 3, Article 4, and Article 5 of Title 44, and any employee or agent of such licensee shall conduct the licensed premises in a decent, orderly, and respectable manner, ……nor shall the licensee, his employee or agent knowingly permit any activity or acts of disorderly conduct…..or other disturbances or activity offensive to the sense of the average citizen, or to the residents of the neighborhood in which the licenses establishment is located. Judge Hueser approved the findings, conclusion, and order, accepting the stipulation agreement as presented for Nasib Abrielle, Inc./7-Eleven, Inc., dba 7-Eleven Store 35506B, 3045 West Prospect Road. Show Cause Hearing for Kujira Ramen, Inc., dba Kujira Ramen, 2909 East Harmony Road, #200 Stipulation Agreement Accepted Nelson Zhu, representative for Kujira Ramen, LLC, stated he has had an opportunity to review the stipulation agreement and has agreed to the terms. Assistant City Attorney Scurlock reviewed the terms of the stipulation agreement, noting the Licensee agreed to a 15-day suspension, 5 days served (paid $500 fine in lieu of suspension), with 10 days held in abeyance for one year for violating Colorado Liquor Code Section 44-3-901(1)(b)(I) prohibiting the service of an alcoholic beverage to a person under the age of twenty-one years. Judge Hueser approved the findings, conclusion, and order, accepting the stipulation agreement as presented for Beavers, Inc., dba Beavers Supermarket No. 3, 1100 West Mountain Avenue. Show Cause Hearing for Batdog, LLC, dba Surfside Seven Cafe, 238 Linden Street, Stipulation Agreement Accepted Zach Wilson, attorney representing Batdog, LLC, stated she has had an opportunity to review the stipulation agreement with his client and that they have agreed to the terms. Ms. Snodgrass, representative for Batdog, LLC, stated they have certified three more employees in TIPs training. Assistant City Attorney Scurlock reviewed the terms of the stipulation agreement, noting the Licensee agreed to a 15-day suspension, 5 days served (paid $956.05 fine in lieu of suspension), with 10 days held in abeyance for one year for violating Colorado Liquor Code Section 44-3-901(1)(b)(I) prohibiting the service of an alcoholic beverage to a person under the age of twenty-one years. Judge Hueser approved the findings, conclusion, and order, accepting the stipulation agreement as presented for Batdog, LLC, dba Surfside Seven Café, 238 Linden Street. DocuSign Envelope ID: 5DF3C7BD-EBAB-4C0F-8B38-857BC5506D4C November 18, 2021 P a g e 3 | 6 Show Cause Hearing for Twin Owls Motor Lodge, Inc., dba Sushi Plus, 223 Linden Street Stipulation Agreement Accepted This hearing has been continued to December 16, 2021, due to technical difficulties. Show Cause Hearing for The Taco Stop, LLC, dba The Taco Stop, 6324 South College Avenue Stipulation Agreement Accepted Berenice Longoria, representative for The Taco Stop, LLC, stated he has had an opportunity to review the stipulation agreement and has agreed to the terms. She briefly described how they will avoid further violations. Assistant City Attorney Scurlock reviewed the terms of the stipulation agreement, noting the Licensee agreed to a 15-day suspension, 5 days served (paid $50 fine in lieu of suspension), with 10 days held in abeyance for one year for violating Colorado Liquor Code Section 44-3-901(1)(b)(I) prohibiting the service of an alcoholic beverage to a person under the age of twenty-one years. Judge Brown approved the findings, conclusion, and order, accepting the stipulation agreement as presented for Brinker Restaurant Corporation, dba Chili’s Hamburger Grill and Bar, 3524 South College Avenue. Show Cause Hearing for Tokyo, Inc., dba Tokyo Joe’s, 100 West Troutman Parkway Stipulation Agreement Accepted William Wildberger, attorney representing Tokyo, Inc., stated he has had an opportunity to review the stipulation agreement and has agreed to the terms. He stated that Tokyo, Inc., does not accept vertical id’s, however this server failed to recognize the vertical id. Assistant City Attorney Scurlock reviewed the terms of the stipulation agreement, noting the Licensee agreed to a 15-day suspension, 5 days served (paid $50 fine in lieu of suspension), with 10 days held in abeyance for one year for violating Colorado Liquor Code Section 44-3-901(1)(b)(I) prohibiting the service of an alcoholic beverage to a person under the age of twenty-one years. Judge Hueser approved the findings, conclusion, and order, accepting the stipulation agreement as presented for Tokyo, Inc., dba Tokyo Joe’s, 100 West Troutman Parkway. Show Cause Hearing for Uno Mas Taqueria, dba Uno Mas Taqueria, 120 West Olive Street, Suite 102 Stipulation Agreement Accepted Spero Leon, representative for Uno Mas Taqueria, stated he has had an opportunity to review the stipulation agreement and has agreed to the terms. Assistant City Attorney Scurlock reviewed the terms of the stipulation agreement, noting the Licensee agreed to a 15-day suspension, 5 days served (paid $1111.35 fine in lieu of suspension), with 10 days DocuSign Envelope ID: 5DF3C7BD-EBAB-4C0F-8B38-857BC5506D4C November 18, 2021 P a g e 4 | 6 held in abeyance for one year for violating Colorado Liquor Code Section 44-3-901(1)(b)(I) prohibiting the service of an alcoholic beverage to a person under the age of twenty-one years. Judge Hueser approved the findings, conclusion, and order, accepting the stipulation agreement as presented for Uno Mas Taqueria, dba Uno Mas Taqueria, 120 West Olive Street, Suite 102. Show Cause Hearing for Whole Foods Market Rocky Mtn/SW, LP, dba Whole Foods, 2201 South College Avenue Stipulation Agreement Accepted Kevin Coates, attorney representing Whole Foods Market Rocky Mtn/SW, LP, stated he has had an opportunity to review the stipulation agreement with his client and that they have agreed to the terms. Assistant City Attorney Scurlock reviewed the terms of the stipulation agreement, noting the Licensee agreed to a 15-day suspension, 5 days served (paid $833.76 fine in lieu of suspension), with 10 days held in abeyance for one year for violating Colorado Liquor Code Section 44-3-901(1)(b)(I) prohibiting the service of an alcoholic beverage to a person under the age of twenty-one years. Judge Hueser approved the findings, conclusion, and order, accepting the stipulation agreement as presented for Whole Foods market Rocky Mtn/SW, LP, dba Whole Foods, 2201 South College Avenue. Transfer of Ownership Application from Shidhi Binayak, LLC, dba Pringle’s Fine Wine & Spirits, 2100 West Drake Road, #11, Approved Kris Hoeltgen, attorney representing Shidhi Binayak, LLC, stating that the applicant was available for questions. Sharmila Sharma, representative for Shidhi Binayak, LLC, briefly described his background in the restaurant business. She stated any employee found in violation of the liquor code is immediately terminated and only hire employees with liquor sales. Judge Hueser approved the transfer of ownership application from Shidhi Binayak, LLC, dba Pringle’s Fine Wine & Spirits, 2100 West Drake Road, #11. New Lodging and Entertainment Liquor License Application from American Multi-Cinema, Inc., dba AMC Fort Collins 10, 3636 Manhattan Avenue, Approved Loren Brown, attorney representing American Multi-Cinema, Inc., stated his client is ready to proceed and available for questions. Austin Gemmell, representative of Oedipus Petitioning, Inc., was sworn. He briefly described the petitioning process and that this petition indicates strong support for this application. Mr. Brown stated that American Multi-Cinema, Inc., has many liquor licenses throughout the world, and have a robust internal training program regarding the sale and service of alcohol. DocuSign Envelope ID: 5DF3C7BD-EBAB-4C0F-8B38-857BC5506D4C November 18, 2021 P a g e 5 | 6 Sue Navarro, regional manager for American Multi-Cinema, Inc., briefly described the training that employees involved in the sales and service of alcohol must complete before being allowed to serve. She stated that any employee found in violation of the liquor code is immediately terminated. Judge Hueser adopted Resolution 2021-022 approving a new lodging and entertainment liquor license application from American Multi-Cinema, Inc., dba AMC Fort Collins 10 at 3636 Manhattan Avenue. Manager Registration Application from American Multi-Cinema, Inc., dba AMC Fort Collins 10, 3636 Manhattan Avenue, Approved Emily Koberstein, manager applicant, stated she has been in the hospitality industry for several years. She briefly described the training required of employees that sell and serve alcohol. In response to the Authority, Ms. Koberstein stated that employees do theatre check to make sure alcohol is not being consumed by underage patrons. She also described her background in the sale and service of alcohol. Judge Hueser approved the manager registration application from American Multi-Cinema, Inc., dba AMC Fort Collins 10, 336 Manhattan Avenue. New Beer and Wine Application from Morpho Bleu, LLC, dba Philippe French Bistro and Bakery at 133 South College Avenue, Approved Eva Garretson, representative for Liquors Pros, was sworn. Ms. Garretson briefly described the petitioning process and that these results show strong support for this application. Philippe Boutinet, representative for Morpho Bleu, LLC, was sworn. He stated he has been in the restaurant business for 40 years. Mr. Boutinet stated he briefly held a liquor store license previously and that any employee found in violation of the liquor code is immediately terminated. Judge Hueser adopted Resolution 2021-025 approving a new beer and wine application from Morpho Bleu, LLC, dba Philippe French Bistro and Bakery at 133 South College Avenue. New Tavern Liquor License Application from Zaandam, LLC, dba Pour Brothers, at 220 Linden Street, Approved Kristine Wygmans, representative for Zaandam, LLC, was sworn. She briefly described the petitioning process and stated that this survey indicates strong support for this application. Ms. Wygmans stated that operations will not change from previous this change. Judge Hueser adopted Resolution 2021-024 approving a tavern liquor license application from Zaandam, LLC, dba Pour Brothers, 220 Linden Street. DocuSign Envelope ID: 5DF3C7BD-EBAB-4C0F-8B38-857BC5506D4C November 18, 2021 P a g e 6 | 6 New Beer and Wine Application from Gusich House, LLC, dba Retreat Bakery Bar, 2601 South Lemay, Unit 21, Approved Eva Garretson, representative for LiquorPros, was sworn. She briefly described this survey and that it demonstrates strong support for this application. Samantha Gustafson, representative for Gusich House, LLC, was sworn. In response to questions from the Authority, she described her background. She stated she has worked as a bartender as well as a pastry chef. Ms. Gustafson stated that she and her husband will be on premise and hands-on and will only hire employees that are over the age of 21. Judge Hueser adopted Resolution 2021-023 approving a beer and wine application from Gusich House, LLC, dba Retreat Bakery Bar, 2601 South Lemay, Unit 21. Other Business Modification of Premise Application from Lei Lo, LLC, dba Simmer, 2519 South Shields Street, Suite 1F, Approved Chris Joseph, representative for Lei Lo, LLC, briefly described the proposed changes. Judge Hueser approved the modification of premise application from Lei Lo, LLC, dba Simmer 2519 South Shields Street, Suite 1F. Adjournment The meeting adjourned at 2:30 p.m. ______________________________ Chief Judge _________________________________ Secretary DocuSign Envelope ID: 5DF3C7BD-EBAB-4C0F-8B38-857BC5506D4C