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Home My WebLink AboutLiquor Licensing Authority - Minutes - 02/15/2023 LIQUOR LICENSING AUTHORITY MINUTES Regular Meeting. – February 15, 2023 1:00 p.m. Staff Liaison: Aimee Jensen A regular meeting of the Liquor Licensing Authority was held February 15, 2023, via Zoom Link, Chief Judge Jill Hueser presiding. Secretary’s Note: All applications were heard via Zoom. Staff in attendance: Holly Coulehan, Assistant City Attorney II Carrie Ripsam, Liquor Enforcement Officer Aimee Jensen, Deputy City Clerk Consent Agenda Approved:  Minutes from January 18, 2023. Liquor Enforcement Update Liquor Enforcement Officer Ripsam stated Fort Collins Police Services conducted random compliance checks:  January 25, 2023, visiting 13 liquor licensed establishments of which 1 served the underage operative: a failure rate of 7.69% for the evening. Liquor Enforcement Officer Ripsam stated that the overall failure rate is 6.89% for 2023. Show Cause Hearing for Bowl Fort Collins, LLC, dba Chipper’s Lanes, 217 West Horsetooth Road, Stipulation Agreement Matt Hoeven, representative for Bowl Fort Collins, LLC, stated he has had an opportunity to review the stipulation agreement and that he has agreed to the terms. Mr. Hoeven briefly described changes they have implemented to avoid this situation in the future. Assistant City Attorney Coulehan reviewed the terms of the stipulation agreement, noting the Licensee agreed to a 20-day suspension, 10 days served (paid $1519.60 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, and 44-03-302(1) local liquor license was not renewed within the forty-five days prior to the date of DocuSign Envelope ID: FA172B47-AFD1-4565-BD83-5A160CA1FC98 February 15, 2023 P a g e 2 | 4 expiration, and 44-03-302(1) state liquor license was not renewed within the thirty days prior to the date of expiration. Chief Judge Hueser approved the findings, conclusion, and order, accepting the stipulation agreement as presented for Bowl Fort Collins, LLC, dba Chipper’s Lanes, 217 West Horsetooth Road. Show Cause Hearing for Whole Foods Market Rocky Mnt/SW LP, dba Collins Tap Room, 2201 South College Avenue, Stipulation Agreement Kevin Coates, attorney representing Whole Foods Market Rocky Mnt/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 Coulehan reviewed the terms of the stipulation agreement, noting the Licensee agreed to a 20-day suspension, 10 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 Whole Foods Market Rocky Mnt/SW LP, dba Collins Tap Room, 2201 South College Avenue. Show Cause Hearing for The Greek Connection, Inc., dba The Whiskey at Tony’s Restaurant, 224 South College Avenue Attachments pertaining to this item follow these minutes. Brad March, attorney representing The Greek Connection, Inc., appeared with the Licensee. The Licensee voluntarily admitted to the two violations Colorado Liquor Code Section 44-3-302(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 expiration), as stated in the February 1, 2023, Motion to Revoke or Suspend License and Request for Show Cause Hearing. The Licensee agreed to waive their right to a hearing and their right to confront witnesses. The Licensee acknowledged that their admission to the violations was made voluntarily and is not the result of any undue influence or coercion. The Licensee agreed that they had the opportunity to fully consider the consequences of their admission was appearing at the hearing with the assistance of legal counsel. The Licensee affirmed that by admitting the violations that the Authority will consider the violations to have been proven. Assistant City Attorney Coulehan reviewed the history of the four prior liquor violations at the Licensee’s establishment from 2017 through the most recent violation. Ms. Coulehan requested that the Authority impose the terms of a standard violation within the last 12 months. Those terms were the following: a 15-day license suspension, 5 days served (paid $ fine in lieu of suspension), with 10 days held in abeyance for one year. Mr. March acknowledged that the violation occurred, but represented to the court that it was due to his error and was not the fault of the Licensee. He described the events leading up to this violation DocuSign Envelope ID: FA172B47-AFD1-4565-BD83-5A160CA1FC98 February 15, 2023 P a g e 3 | 4 and submitted exhibits to the Authority for consideration as it related to the sentencing portion of the violation. Those materials are included as nine attachments to these minutes. Chief Judge Hueser considered all arguments and evidence presented at the hearing. Thereafter, the Authority found the Licensee was in violation of the Colorado Liquor Code and made a knowing and intelligent waiver of rights and was represented by counsel. Further, that the Licensee willfully admitted the violations. Therefore, the Authority confirmed that it was within their discretion as set forth in 44-3-601 C.R.S. to impose a penalty against the Licensee for these violations. The Authority suspended the Licensee’s license for 15 days broken up with 5 days served (paid $5000 fine in lieu of suspension) and 10 days held in abeyance for one year. The Licensee was ordered to provide financial records to the Clerk by close of business on February 21, 2023, as Monday (February 20, 2023) was a governmental holiday, and the offices would be closed. Modification of Premise Application from Tivine, LLC, dba Island Grill, 2601 South Lemay Avenue, #12, Approved Kenny Kuk, representative for Tivine, LLC, stated this request is to make permanent a COVID temporary modification of premise. Chief Judge Hueser approved a modification of premise application from Tivine, LLC, dba Island Grill, 2601 South Lemay Avenue, #12. Modification of Premise Application from Dillon Companies, LLC, dba King Soopers #18, 2325 South College Avenue, Approved Adam Stapen, attorney representing Dillon Companies, LLC, stated this modification of application expands their beer and wine selection. Chief Judge Hueser approved a modification of premise application from Dillon Companies, LLC, dba King Soopers #18, 2325 South College Avenue. New Hotel-Restaurant Application from Gaku Ramen III, LLC, dba Gaku Ramen, 223 Linden Street, Unit 1A, Approved Adam Stapen, attorney representing Gaku Ramen III, LLC, stated his client is ready to proceed. Joseph Vicari, representative for Gaku Ramen III, LLC, stated they have other locations in Colorado and that they have experience with establishments in cities with universities. Eva Garretson, representative for LiquorPros, LLC, was sworn. Ms. Garretson briefly described the petitioning process and that the result of this petition indicates support for this application. Chief Judge Hueser adopted Resolution 2023-001 for a hotel-restaurant liquor license application from Gaku Ramen III, LLC dba Gaku Ramen, 223 Linden Street, Unit 1A. DocuSign Envelope ID: FA172B47-AFD1-4565-BD83-5A160CA1FC98 February 15, 2023 P a g e 4 | 4 Adjournment The meeting adjourned at 2:05 p.m. ______________________________ Liquor Licensing Authority _________________________________ Secretary DocuSign Envelope ID: FA172B47-AFD1-4565-BD83-5A160CA1FC98 DocuSign Envelope ID: FA172B47-AFD1-4565-BD83-5A160CA1FC98 DocuSign Envelope ID: FA172B47-AFD1-4565-BD83-5A160CA1FC98 DocuSign Envelope ID: FA172B47-AFD1-4565-BD83-5A160CA1FC98 DocuSign Envelope ID: FA172B47-AFD1-4565-BD83-5A160CA1FC98 DocuSign Envelope ID: FA172B47-AFD1-4565-BD83-5A160CA1FC98 DocuSign Envelope ID: FA172B47-AFD1-4565-BD83-5A160CA1FC98 DocuSign Envelope ID: FA172B47-AFD1-4565-BD83-5A160CA1FC98 DocuSign Envelope ID: FA172B47-AFD1-4565-BD83-5A160CA1FC98 DocuSign Envelope ID: FA172B47-AFD1-4565-BD83-5A160CA1FC98 DocuSign Envelope ID: FA172B47-AFD1-4565-BD83-5A160CA1FC98 DocuSign Envelope ID: FA172B47-AFD1-4565-BD83-5A160CA1FC98 DocuSign Envelope ID: FA172B47-AFD1-4565-BD83-5A160CA1FC98 DocuSign Envelope ID: FA172B47-AFD1-4565-BD83-5A160CA1FC98 DocuSign Envelope ID: FA172B47-AFD1-4565-BD83-5A160CA1FC98 DocuSign Envelope ID: FA172B47-AFD1-4565-BD83-5A160CA1FC98 DocuSign Envelope ID: FA172B47-AFD1-4565-BD83-5A160CA1FC98 DocuSign Envelope ID: FA172B47-AFD1-4565-BD83-5A160CA1FC98 DocuSign Envelope ID: FA172B47-AFD1-4565-BD83-5A160CA1FC98 DocuSign Envelope ID: FA172B47-AFD1-4565-BD83-5A160CA1FC98 DocuSign Envelope ID: FA172B47-AFD1-4565-BD83-5A160CA1FC98 DocuSign Envelope ID: FA172B47-AFD1-4565-BD83-5A160CA1FC98 DocuSign Envelope ID: FA172B47-AFD1-4565-BD83-5A160CA1FC98 DocuSign Envelope ID: FA172B47-AFD1-4565-BD83-5A160CA1FC98 DocuSign Envelope ID: FA172B47-AFD1-4565-BD83-5A160CA1FC98 DocuSign Envelope ID: FA172B47-AFD1-4565-BD83-5A160CA1FC98 DocuSign Envelope ID: FA172B47-AFD1-4565-BD83-5A160CA1FC98 DocuSign Envelope ID: FA172B47-AFD1-4565-BD83-5A160CA1FC98 DocuSign Envelope ID: FA172B47-AFD1-4565-BD83-5A160CA1FC98 DocuSign Envelope ID: FA172B47-AFD1-4565-BD83-5A160CA1FC98 DocuSign Envelope ID: FA172B47-AFD1-4565-BD83-5A160CA1FC98 DocuSign Envelope ID: FA172B47-AFD1-4565-BD83-5A160CA1FC98 DocuSign Envelope ID: FA172B47-AFD1-4565-BD83-5A160CA1FC98