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HomeMy WebLinkAboutLiquor Licensing Authority - Minutes - 03/17/2022 LIQUOR LICENSING AUTHORITY MINUTES Regular Meeting. – March 17, 2022 1:00 p.m. Staff Liaison: Aimee Jensen A regular meeting of the Liquor Licensing Authority was held March 17, 2022, in via Zoom Link, Chief Judge Hueser presiding. Secretary’s Note: All applications were heard via Zoom. Staff in attendance: Jenny Lopez-Filkins Senior City Attorney II Carrie Ripsam, Liquor Enforcement Officer Aimee Jensen, Deputy City Clerk Consent Agenda Approved:  Minutes from the February 17, 2022, meeting. Liquor Enforcement Update Liquor Enforcement Officer Ripsam stated Fort Collins Police Services conducted random compliance checks:  January 25, 2022, visiting 15 liquor licensed establishments of which 5 served the underage operative: a failure rate of 33% for the evening.  February 8, 2022, visiting 12 liquor licensed establishments of which 4 served the underage operative: a failure rate of 33% for the evening.  February 16, 2022, visiting 13 liquor licensed establishments of which 1 failed; a failure rate of 7.69% for the evening. Liquor Enforcement Officer Ripsam stated that the overall failure rate is 22.06% so far for 2022. Show Cause Hearing for Lilly-Julian, Inc./7-Eleven, Inc., dba 7-Eleven Store #202104A, 430 Remington Street Stipulation Agreement Accepted Kevin Coates, attorney representative for Lilly-Julian, 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. Senior City Attorney Lopez-Filkins 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 DocuSign Envelope ID: 44019F03-27C3-46D4-8D7D-E38EBE1EE94D March 17, 2022 P a g e 2 | 8 days held in abeyance for one year for violating Colorado Liquor Code Section 44-03-301(4)(a), local and state liquor licenses were expired, 44-03-302(1) local liquor license was not renewed within the forty-five days prior to the date of expiration, and 44-03-302(1) state liquor license was not renewed within the thirty days prior to the date of the expiration. Chief Judge Hueser approved the findings, conclusion, and order, accepting the stipulation agreement as presented for Lilly-Julian, Inc./7-Eleven, Inc., dba7-Eleven #202104A, 430 Remington Street. Show Cause Hearing for Cooper Foods, Inc., dba Back Porch Café, 1101 East Lincoln Avenue Stipulation Agreement Accepted Michael Cooper, representative for Cooper Foods, Inc., stated he has had an opportunity to review the stipulation agreement and has agreed to the terms. Senior Assistant City Attorney Lopez-Filkins 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. Chief Judge Hueser approved the findings, conclusion, and order, accepting the stipulation agreement as presented for Cooper Foods, Inc., dba Back Porch Café, 1101 East Lincoln Avenue. Show Cause Hearing for Cooper Foods, Inc. dba Back Porch Cafe, 1101 East Lincoln Avenue Stipulation Agreement Accepted Michael Cooper, representative for Cooper Foods, Inc., stated he has had an opportunity to review the stipulation agreement and that he has agreed to the terms. Senior Assistant City Attorney Lopez-Filkins 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. Chief Judge Hueser approved the findings, conclusion, and order, accepting the stipulation agreement as presented for Cooper Foods, Inc., dba Back Porch Café, 1101 East Lincoln Avenue. Show Cause Hearing for Good Times Restaurants, Inc., dba Bad Daddy’s Burger Bar, 347 East Lincoln Avenue Stipulation Agreement Accepted Loren Brown, attorney representing Good Times Restaurants, Inc., stated he has had an opportunity to review the stipulation agreement with his client and that they have agreed to the terms. Senior Assistant City Attorney Lopez-Filkins 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) DocuSign Envelope ID: 44019F03-27C3-46D4-8D7D-E38EBE1EE94D March 17, 2022 P a g e 3 | 8 prohibiting the service of an alcoholic beverage to a person under the age of twenty-one years and for violating the Liquor Authority’s Order and Stipulated Agreement dated September 16, 2021. Chief Judge Hueser approved the findings, conclusion, and order, accepting the stipulation agreement as presented for Good Times Restaurants, Inc., dba Bad Daddy’s Burger Bar, 347 East Lincoln Avenue. Show Cause Hearing for GHC East Ft Collins Operator, LLC, dba Genesis Health Clubs, 1307 East Prospect Road Stipulation Agreement Accepted Michael O’Donnell, representative for GHC East Ft Collins Operator, LLC, stated he has had an opportunity to review the stipulation agreement and has agreed to the terms. Senior Assistant City Attorney Lopez-Filkins 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 44-03-302(1) local liquor license not renewed within forty-five days prior to the date of expiration and state liquor license was not renewed within thirty days prior to the date of expiration. Chief Judge Hueser approved the findings, conclusion, and order, accepting the stipulation agreement as presented for Good Times Restaurants, Inc., dba Bad Daddy’s Burger Bar, 347 East Lincoln Avenue. Show Cause Hearing for Himalayan Bistro, Inc., dba Himalayan Bistro, 2720 Council Tree Avenue, Suite 184 Stipulation Agreement Accepted Dawa Sherpa, representative for Himalayan Bistro, Inc., stated he has had an opportunity to review the stipulation agreement and has agreed to the terms. Senior Assistant City Attorney Lopez-Filkins 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. Chief Judge Hueser approved the findings, conclusion, and order, accepting the stipulation agreement as presented for Himalayan Bistro, Inc., dba Himalayan Bistro, 2720 Council Tree Avenue, Suite 184. Show Cause Hearing for Maki, LLC, dba Nori Maki Bar, 2842 Council Tree Avenue, Unit 173 Stipulation Agreement Accepted Richard Liu, representative for Maki, LLC, stated he has had an opportunity to review the stipulation agreement and has agreed to the terms. Senior Assistant City Attorney Lopez-Filkins 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 DocuSign Envelope ID: 44019F03-27C3-46D4-8D7D-E38EBE1EE94D March 17, 2022 P a g e 4 | 8 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. Chief Judge Hueser approved the findings, conclusion, and order, accepting the stipulation agreement as presented for Maki, LLC, dba Nori Maki Bar, 2842 Council Tree Avenue, Unit 173. Show Cause Hearing for Napoletani Co., Inc., dba Pulcinella Pizzeria, 1119 West Drake Road, C12 Stipulation Agreement Accepted Mary Race, representative for Napoletani Co., Inc., stated she has had an opportunity to review the stipulation agreement and has agreed to the terms. Senior Assistant City Attorney Lopez-Filkins 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. Chief Judge Hueser approved the findings, conclusion, and order, accepting the stipulation agreement as presented for Napoletani Co., Inc., dba Pulcinella Pizzeria, 1119 West Drake Road, C12. Show Cause Hearing for Kung-Food Kitchen, Inc., dba Simply Thai, 2531 South Shields Street, 2-M Stipulation Agreement Accepted Yun Jia Tang, representative for Kung-Food Kitchen, Inc., stated he has had an opportunity to review the stipulation agreement and has agreed to the terms. Senior Assistant City Attorney Lopez-Filkins reviewed the terms of the stipulation agreement, noting the Licensee agreed to a 30-day suspension, 10 days served from start of business on March 18, 2022 through end of business on March 27, 2022, with 20 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 and violation of Liquor Authority’s Order and Stipulated Agreement dated April 15, 2021. Chief Judge Hueser approved the findings, conclusion, and order, accepting the stipulation agreement as presented for Kung-Food Kitchen, Inc., dba Simply Thai, 2531 South Shields Street, 2-M. Show Cause Hearing for Lei Lo, LLC, dba Simmer, 2519 South Shields Street, Suite 1F Stipulation Agreement Accepted Christopher Joseph, attorney representing Lei Lo, LLC, stated he has had an opportunity to review the stipulation agreement and has agreed to the terms. Senior Assistant City Attorney Lopez-Filkins reviewed the terms of the stipulation agreement, noting the Licensee agreed to a 15-day suspension, 5 days served (paid $1088.21 fine in lieu of suspension), with 10 days held in abeyance for one year for violating Colorado Liquor Code Section 44-3- DocuSign Envelope ID: 44019F03-27C3-46D4-8D7D-E38EBE1EE94D March 17, 2022 P a g e 5 | 8 901(1)(b)(I) prohibiting the service of an alcoholic beverage to a person under the age of twenty-one years. Chief Judge Hueser approved the findings, conclusion, and order, accepting the stipulation agreement as presented for Lei Lo, LLC, dba Simmer, 2519 South Shields Street, Suite 1F. Show Cause Hearing for Dish Up, LLC, dba Silver Grill Café, 218 Walnut Street Stipulation Agreement Accepted Alan Jantzen, attorney representing Dish Up, LLC, stated he has had an opportunity to review the stipulation agreement and has agreed to the terms. Senior Assistant City Attorney Lopez-Filkins 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. Chief Judge Hueser approved the findings, conclusion, and order, accepting the stipulation agreement as presented for Dish Up, LLC, dba Silver Grill Café, 218 Walnut Street. Show Cause Hearing for Tokyo, Inc., dba Tokyo Joe’s, 3581 East Harmony Road, Suite 150 Stipulation Agreement Accepted William Wildberger, attorney representing Tokyo, Inc., stated he has had an opportunity to review the stipulation agreement with his client and that they have agreed to the terms. Senior Assistant City Attorney Lopez-Filkins 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. Chief Judge Hueser approved the findings, conclusion, and order, accepting the stipulation agreement as presented for Tokyo In., dba Tokyo Joe’s, 3581 East Harmony Road, Suite 150. Show Cause Hearing for Rocky Mountain Restaurant Group, Inc., dba Urban Egg, 230 South College Avenue, Stipulation Agreement Accepted Brennan Price, representative for Rocky Mountain Restaurant Group, Inc., stated he has had an opportunity to review the stipulation agreement with his client and that they have agreed to the terms. Senior Assistant City Attorney Lopez-Filkins 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. DocuSign Envelope ID: 44019F03-27C3-46D4-8D7D-E38EBE1EE94D March 17, 2022 P a g e 6 | 8 Chief Judge Hueser approved the findings, conclusion, and order, accepting the stipulation agreement as presented for Rocky Mountain Restaurant Group, Inc., dba Urban Egg, 230 South College Avenue. Show Cause Hearing for MVT Restaurant Concepts, Inc., dba Vincent’s, 902 West Drake Road, #4 Stipulation Agreement Accepted Ryan Cullen, attorney representing MVT Restaurant Concepts, Inc., stated he has had an opportunity to review the stipulation agreement has agreed to the terms. Senior Assistant City Attorney Lopez-Filkins 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. Chief Judge Hueser approved the findings, conclusion, and order, accepting the stipulation agreement as presented for MVT Restaurant Concepts, Inc., Vincent’s, 902 West Drake Road, #4. Manager Registration Application from Post Fort Collins, LLC, dba POST Chicken & Beer, 1002 South College Avenue, Approved Morgan Ketrick, manager applicant, briefly described his background. She stated any employee that is involved in the sale and service of alcohol is required to be TIPs certified within 30 days of hire and that all vertical IDs are required to be checked by management. Chief Judge Hueser approved the manager registration application from Post Fort Collins, LLC, dba POST Chicken & Beer, 1002 South College Avenue. Temporary Modification of Premise Application from Music City Hot Chicken, LLC, dba Music City Hot Chicken, 111 West Prospect Road, Approved Jordan Graf and Samuel Graf, representatives for Music City Hot Chicken, LLC. Mr. Jordan Graf briefly described the proposed events that these temporary modifications of premise. Mr. Samuel Graf stated they will hire Code 4 to monitor the entire outdoor premise. Chief Judge Hueser approved the temporary modification of premise application from Music City Hot Chicken, LLC, dba Music City Hot Chicken, 111 West Prospect Road. Transfer of Ownership of My Stop, LLC, dba Everyday 5708, 949 South Taft Hill Road, Approved Ms. Erika Kaiser, attorney representative for My Stop, LLC, stated she is requesting a transfer of ownership for this location. Mr. Gurbinder Virk, representative for My Stop, LLC, stated that he has not had any liquor code violations when he previously held a liquor license. Ms. Kaiser stated the premises have not changed from the previous ownership. DocuSign Envelope ID: 44019F03-27C3-46D4-8D7D-E38EBE1EE94D March 17, 2022 P a g e 7 | 8 Chief Judge Hueser approved the transfer of ownership of My Stop, LLC, dba Everyday 5708, 949 South Taft Hill Road. New Beer and Wine Application from No Waste Coffee, LLC, dba The Fox Den: No Waste Café & Roastery, 1680 LaPorte Avenue, Approved Patricia Acheson, representative for No Waste Coffee, LLC, was sworn. She briefly described the petitioning process stating that the designated neighborhood supports this application. In response to questions from the Authority, Ms. Acheson stated that all her employees are over 21 and will be required to be TIPs trained prior to being allowed to sell and serve. Chief Judge Hueser adopted Resolution 2022-006 approving a beer and wine application from No Waste Coffee, LLC, dba The Fox Den: No Waste Café & Roastery, 1680 LaPorte Avenue. New Brew Pub Application from Absolute Threshold Brewery, LLC, dba Intersect Brewing, 2160 West Drake Road A-1, 1680 LaPorte Avenue, Approved William Herdrick, representative for Absolute Threshold Brewery, LLC, was sworn. He briefly described the petitioning process stating that the designated neighborhood supports this application. Mr. Herdrick stated his customers have been requesting this change in type of license; surrender the State license in exchange for this class of license. In response to questions from the Authority, Mr. Herdrick stated he has not had any violations and that they have staff continually rotating throughout the patio area. Chief Judge Hueser adopted Resolution 2022-003 approving a brew pub license from Absolute Threshold Brewery, LLC, dba Intersect Brewing, 2160 West Drake Road, A-1. New Hotel-Restaurant Liquor License Application from K & Y, Inc., dba Izakaya Jooa, 822 South College Avenue, Approved Hyang Ran Yu, representative for K & Y, Inc., through an interpreter, was sworn. Carol Johnson, representative for LiquorPros, was sworn. She briefly described the petitioning process. Ms. Johnson stated the results of this petition indicate strong support for this application. In response to questions from the Authority, Mr. Yu, stated that they do not have a patio and that he understands that if he wants to serve alcohol outside the premises he is requesting to be licensed, he will need to apply for a modification of premise. Chief Judge Hueser adopted Resolution 2022-005 approving a hotel-restaurant liquor license from K & Y, Inc., dba Izakaya Jooa, 822 South College Avenue. DocuSign Envelope ID: 44019F03-27C3-46D4-8D7D-E38EBE1EE94D March 17, 2022 P a g e 8 | 8 Other Business Show Cause Hearing for Magnolia Street Liquors, LLC, dba Magnolia Street Market, 710 East Magnolia Street Stipulation Agreement Accepted Zachary Owens, representative for Magnolia Street Liquors, LLC, stated he has had an opportunity to review the stipulation agreement and has agreed to the terms. Senior City Attorney Lopez-Filkins 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 Regulation 47-900 (A), Conduct of Establishment, orderliness, loitering, serving of intoxicated persons. Chief Judge Hueser approved the findings, conclusion, and order, accepting the stipulation agreement as presented for Magnolia Street Liquors, LLC, dba Magnolia Street Market, 710 East Magnolia Street. Adjournment The meeting adjourned at 2:40 p.m. ______________________________ Liquor Licensing Authority _________________________________ Secretary DocuSign Envelope ID: 44019F03-27C3-46D4-8D7D-E38EBE1EE94D