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HomeMy WebLinkAboutLiquor Licensing Authority - Minutes - 07/12/2023 LIQUOR LICENSING AUTHORITY MINUTES Regular Meeting. – July 12, 2023 1:00 p.m. Staff Liaison: Aimee Jensen A regular meeting of the Liquor Licensing Authority was held July 12, via Zoom Link, Associate Judge Brandi Nieto 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 June 21, 2023. Liquor Enforcement Update Liquor Enforcement Officer Ripsam stated Fort Collins Police Services conducted random compliance checks:  On June 21, 2023, visiting 16 liquor licensed establishments of which 1 served the underage operative: a failure rate of 6.25% for the evening.  On July 10, 2023, visiting 18 liquor licensed establishments of which 1 served the underage operative: a failure rate of 5.5% for the evening. Liquor Enforcement Officer Ripsam stated that the overall failure rate is 8.33 % for 2023. Show Cause Hearing for Bullfrog Wine & Spirits, Inc., dba Bullfrog Wine & Spirits, 1820 North College Avenue, Stipulation Agreement Josh Beard, attorney representing Bullfrog Wine & Spirits, Inc., stated he has had an opportunity to review the stipulation agreement and has agreed to the terms. Assistant City Attorney Coulehan reviewed the terms of the stipulation agreement, noting the Licensee agreed to a 15-day suspension, 5 days served (paid $5000 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: EF5A814F-A4C2-4D80-BF1E-A65447C8FB13 July 12, 2023 P a g e 2 | 6 Assistant Judge Nieto approved the findings, conclusion, and order, accepting the stipulation agreement as presented for Bullfrog Wine & Spirits, Inc., dba Bullfrog Wine & Spirits, 1820 North College Avenue. Show Cause Hearing for Sofias, Inc., dba Cancun, 1006 Spring Creek Lane, Unit B-7, Stipulation Agreement Erika Kaiser, attorney representing Sofias, Inc., stated she has had an opportunity to review the stipulation agreement with her 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 40-day suspension, 15 days served (paid $1184.31 fine in lieu of suspension), with 25 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)(b) Local Liquor license was not renewed within the forty-five days prior to the date of expiration. Assistant Judge Nieto approved the findings, conclusion and order, accepting the stipulation agreement as presented for Sofias, Inc., dba Cancun, 1006 Spring Creek Lane, Unit B-7. Show Cause Hearing for CC’s Flower, LLC, dba CC’s Flower Truck, 1918 Jessup Drive, Suite 120, Stipulation Agreement Caitlin Dunnagan, representative for CC’s Flower, LLC, stated she has had an opportunity to review the stipulation agreement and has agreed to the terms. Assistant City Attorney Coulehan reviewed the terms of the stipulation agreement, noting the Licensee agreed to a 15-day suspension, 5 days served from start of business on July 18, 2023 through the end of business on July 22, 2023, with 10 days held in abeyance for one year for violating Colorado Liquor Code Section 44-03-302(1)(b) Local Liquor license was not renewed within the forty-five days prior to the date of expiration and 44-03-302(1) Licensee failed to apply to the State Liquor Licensing Authority at least thirty (30) days prior to the date of expiration. Assistant Judge Nieto approved the findings, conclusion, and order, accepting the stipulation agreement as presented for CC’s Flower, LLC, dba CC’s Flower Truck, 1918 Jessup Drive, Suite 120. Show Cause Hearing for Mongolian Grill Rest Operation Co., LLC, dba HuHot Mongolian Grill, 249 South College Avenue, Stipulation Agreement Nate Ginther, representative for Mongolian Grill Rest Operation Co., LLC, stated he has had an opportunity to review the stipulation agreement and has agreed to the terms. Assistant City Attorney Coulehan reviewed the terms of the stipulation agreement, noting the Licensee agreed to a 40-day suspension, 15 days served (paid $1184.31 fine in lieu of suspension), with 25 days held in abeyance for one year for violating Colorado Liquor Code Section 44-3- DocuSign Envelope ID: EF5A814F-A4C2-4D80-BF1E-A65447C8FB13 July 12, 2023 P a g e 3 | 6 901(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)(b) Local Liquor license was not renewed within the forty-five days prior to the date of expiration. Assistant Judge Nieto approved the findings, conclusion, and order, accepting the stipulation agreement as presented for Mongolian Grill Rest Operation Co., LLC, dba HuHot Mongolian Grill, 249 South College Avenue. Show Cause Hearing for Full Pull, LLC, dba Moe’s Original Bar-B-Que Ft. Collins, 181 North College Avenue, Stipulation Agreement Ted Schneider, representative for Full Pull, LLC, stated he has had an opportunity to review the stipulation agreement and has agreed to the terms. Assistant City Attorney Coulehan reviewed the terms of the stipulation agreement, noting the Licensee agreed to a 35-day suspension, 5 days served (paid $500 fine in lieu of suspension), 10 days served from start of business on July 18, 2023 through the end of business on July 27, 2023, 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 from July 21, 2022. Assistant Judge Nieto approved the findings, conclusion, and order, accepting the stipulation agreement as presented for Full Pull, LLC dba Moe’s Original Bar-B-Que Ft. Collins, 181 North College Avenue. Show Cause Hearing for Panhandler’s Pizza, LLC, dba Panhandler’s Pizza, 2721 South College Avenue, Unit 4B, Stipulation Agreement Louann DeCoursey, representative for Panhandler’s Pizza, LLC, stated she has had an opportunity to review the stipulation agreement and has agreed to the terms. Assistant City Attorney Coulehan 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)(b) Local Liquor license was not renewed within the forty-five days prior to the date of expiration and 44-03-302(1) Licensee failed to apply to the State Liquor Licensing Authority at least thirty (30) days prior to the date of expiration. Assistant Judge Nieto approved the findings, conclusion, and order, accepting the stipulation agreement as presented for Panhandler’s Pizza, LLC, dba Panhandler’s Pizza, 2721 South College Avenue, Unit 4B. DocuSign Envelope ID: EF5A814F-A4C2-4D80-BF1E-A65447C8FB13 July 12, 2023 P a g e 4 | 6 Show Cause Hearing for Rainbow, Ltd., dba Rainbow Restaurant, 212 West Laurel Street, Stipulation Agreement Steve Jones, representative for Rainbow, Ltd., stated he has had an opportunity to review the stipulation agreement and has agreed to the terms. Assistant City Attorney Coulehan reviewed the terms of the stipulation agreement, noting the Licensee agreed to a 15-day suspension, 5 days served from start of business on July 18, 2023 through the end of business July 22, 2023, with 10 days held in abeyance for one year for violating Colorado Liquor Code Section 44-03-302(1)(b) Local Liquor license was not renewed within the forty-five days prior to the date of expiration and 44-03-302(1) Licensee failed to apply to the State Liquor Licensing Authority at least thirty (30) days prior to the date of expiration. Assistant Judge Nieto approved the findings, conclusion, and order, accepting the stipulation agreement as presented for Rainbow, Ltd., dba Rainbow Restaurant, 212 West Laurel Street. Show Cause Hearing for Slyce Pizza Co., LLC dba Slyce Pizza Co., 163 West Mountain Avenue, Stipulation Agreement Jeremy Tand, representative for Slyce Pizza, Co., stated he has had the opportunity to review the stipulation agreement and has agreed to the terms. Assistant City Attorney Coulehan reviewed the terms of the stipulation agreement, noting the Licensee agreed to a 40-day suspension, 10 days served (paid $500 fine in lieu of suspension), 10 days served from start of business on July 13, 2023 through the end of business on July 22, 2023, 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 from July 21, 2022. Assistant Judge Nieto approved the findings, conclusion, and order, accepting the stipulation agreement as presented for Panhandler’s Pizza, LLC, dba Panhandler’s Pizza, 2721 South College Avenue, Unit 4B. Show Cause Hearing for Tap and Handle Partners, LLC, dba Tap and Handle, 307 South College Avenue, Stipulation Agreement Katie Davis, representative for Tap and Handle Partners, LLC, stated she has had the opportunity to review the stipulation agreement and has agreed to the terms. Assistant City Attorney Coulehan reviewed the terms of the stipulation agreement, noting the Licensee agreed to a 17-day suspension, 7 days served (paid $3340.75 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)(b) Local Liquor license was not renewed within the forty-five days prior to the date of expiration. DocuSign Envelope ID: EF5A814F-A4C2-4D80-BF1E-A65447C8FB13 July 12, 2023 P a g e 5 | 6 Assistant Judge Nieto approved the findings, conclusion, and order, accepting the stipulation agreement as presented for Tap and Handle Partners, LLC, dba Tap and Handle, 307 South College Avenue. Show Cause Hearing for Las IV America, dba Taqueria Express, 1669 South College Avenue, Stipulation Agreement Luis Orona, representative for Las IV America, stated he has had an opportunity to review the stipulation agreement and has agreed to the terms. Assistant City Attorney Coulehan reviewed the terms of the stipulation agreement, noting the Licensee agreed to a 15-day suspension, 5 days served from start of business on July 13, 2023 through the end of business on July 17, 2023 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. Assistant Judge Nieto approved the findings, conclusion, and order, accepting the stipulation agreement as presented for Bullfrog Wine & Spirits, Inc., dba Bullfrog Wine & Spirits, 1820 North College Avenue. Transfer of Ownership Application from Brix Wine and Spirits, LLC, dba Brix Wine and Spirits, 710 East Magnolia Street, Approved Valerie Glasgow, representative for Brix Wine and Spirits, LLC, stated she previously held a retail liquor store license and that she has had one previous violation of serving an underage. In response to questions from the Authority, Ms. Glasgow stated she will make corrections to her application and forward it to Deputy City Clerk Jensen. Assistant Judge Nieto approved the transfer of ownership application from Brix Wine and Spirits, LLC, dba Brix Wine and Spirits, 710 East Magnolia Street. New Application from Agave Underground, LLC, dba Agave Underground, 321 East Foothills Parkway, Approved Perla Ruiz, representative for Agave Underground, LLC, was sworn. In response to questions from the Authority, Ms. Ruiz stated that they are aware they are responsible for making sure underage patrons are not served alcohol. Carol Johnson, representative for Liquor Pros, LLC, was sworn. Ms. Johnson briefly described the petitioning process and said that this survey indicates strong support for this hotel-restaurant liquor license application. Assistant Judge Nieto adopted Resolution 2023-009 approving a hotel-restaurant liquor license application from Agave Underground, LLC, dba Agave Underground, 321 East Foothills Parkway. DocuSign Envelope ID: EF5A814F-A4C2-4D80-BF1E-A65447C8FB13 July 12, 2023 P a g e 6 | 6 New Application from DHC Fort Collins, LLC, dba Dave’s Hot Chicken, 1700 South College Avenue, Approved Jason Beld, representative for DHC Fort Collins, LLC, was sworn. Mr. Beld described how they have addressed violations that have occurred in other establishments he owns. He stated the patio will be enclosed with railing. Carol Johnson, representative for Liquor Pros, LLC, was sworn. Ms. Johnson briefly described the petitioning process and stated that the results of this survey indicate strong support for this hotel- restaurant liquor license application. Assistant Judge Nieto adopted Resolution 2023-008 approving a hotel-restaurant application from DHC Fort Collins, LLC dba, Dave’s Hote Chicken at 1700 South College Avenue, Approved. Adjournment The meeting adjourned at 2:45 p.m. ______________________________ Liquor Licensing Authority _________________________________ Secretary DocuSign Envelope ID: EF5A814F-A4C2-4D80-BF1E-A65447C8FB13