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HomeMy WebLinkAboutLiquor Licensing Authority - Minutes - 04/01/2002LIQUOR LICENSING AUTHORITY MINUTES Regular Meeting - April 1, 2002 1:00 P.M. Council Liaison: Ray Martinez II Staff Liaison: Aimee Jensen A regular meeting of the Liquor Licensing Authority was held on April 1, 2002 in Municipal Court, Justice Center, 201 LaPorte. Judge Kathleen M. Lane Presiding. Staff in attendance: Teresa Ablao, Assistant City Attorney Richard Johnson, Liquor Enforcement Officer Aimee Jensen, Deputy City Clerk Agenda Review Assistant City Attorney Ablao requested that the show -cause hearing for IVP, LLC, dba Starlight, 167 North College Avenue to May 20, 2002. Judge Lane postponed the show cause hearing for IVP, LLC, dba Starlight, 167 North College Avenue, to May 20, 2002. Wilson and Ablao agreed. Consent Agenda The Consent Agenda is intended to expedite the meeting and allow the Authority to spend its time on important items on an agenda. Items on the Consent Agenda are (1) routine items; and (2) those of no perceived controversy. Anyone may request that an item be "pulled" off the Consent Agenda and considered separately. Items pulled from the Consent Agenda will be considered under "Other Business" at the end of the meeting. a. Elizabeth. L3 Judge Lane adopted the consent agenda. April 1, 2002 Consideration of an Application from Whitebird Productions, Inc., for a Special Events Permit at 450 North Linden Street, Approved Michael Mockler, representative for Whitebird Productions, Inc., submitted photographs of the location, updated diagrams, and an updated letter of permission. He stated he will have security at entrance and exits and described how the event will be monitored. Mr. Mockler stated he will have Liquor Enforcement Officer Johnson conduct training for the volunteers. Judge Lane approved the application for a Special Events Permit from Whitebird Productions, Inc., at 450 North Linden Street. Registration of Steven Keller as Manager of Rhythms Music House & Grill, 334 East Mountain Avenue, Approve Steven Keller, manager applicant, briefly described his background. Mr. Keller stated they have hired a consultant to develop a training and employee manual. He discussed staffing levels. Mr. Keller stated that any employee found in violation of the liquor code will be terminated. He stated he has the liquor code on premise. Judge Lane approved the registration of Steven Keller as manager of Rhythms Music House & Grill, 334 East Mountain Avenue. Request from G & R of Rhythms, Inc., dba Rhythms Music House & Grill, 334 East Mountain Avenue to Change, Alter, or Modify the Licensed Premises, Approved Steven Keller, representative for G & R of Rhythms, Inc., briefly described the proposed modifications. He stated construction has not begun on this building and that these changes are not on the original floor plan. Mr. Keller stated that wait staff will monitor the patio area and that indoor seating capacity will remain the same. The patio will seat approximately 20 patrons. Judge Lane approved the request from G&R Rhythms, Inc., dba Rhythms Music House & Grill, 334 East Mountain Avenue, to change, alter, or modify the licensed premises. Hearing on a New Application from Fiesta Patio Cafe, dba Fiesta Patio Cafe, for a Hotel -Restaurant Liquor License at 151 South College Avenue. Approved Patricia Diaz, representative for Fiesta Patio Cafe, was sworn in. She stated she has served as the manager at numerous family owned liquor licensed establishments. Ms. Diaz stated Fiesta Patio Cafe 2 April 1, 2002 will be open from 11a.m. to 11p.m and that she and her son are the co -owners. She stated they are just making cosmetic changes. Ms. Diaz stated that they have approximately 30 employees on staff and will require all staff to attend training. She stated she has attended Officer Johnson's training. Ms. Diaz stated 20% of their gross sales is from the sale of alcohol and 80% is from the sale of food. She stated that they have the liquor code on premise. John Diaz was sworn in. He briefly described the petitioning process, stating there were a few individuals against this application. He stated this is a similar operation to their Harvard Street location and is an increase of approximately 90 seats. He stated their emphasis is on food not alcohol sales. Judge Lane adopted Resolution 2002-07 approving an application from Fiesta Patio Cafe, dba Fiesta Patio Cafe for a hotel -restaurant liquor license at 151 South College Avenue, with the stipulation that there be no outdoor patio. Hearing on a New Application from Villa Caribe, Inc., for a Hotel -Restaurant Liquor License at Villa Caribe,1027 West Horsetooth Road. Paul Pellegraino, applicant, briefly described the type of establishment Villa Caribe will be. He stated they are hoping to open April 8, 2002 and that the final health inspection is tomorrow afternoon. He discussed the premise and monitoring of the deck area stating he will have 15 servers for each shift. The servers will be doing alcohol training this week prior to opening. Mr. Johnson stated Mr. Pellegraino has had extensive experience in restaurant management and that he has owned and operated hotels since 1983. Mr. Pellegraino briefly reviewed the diagram an described the petitioning process, noting they have received a lot of support for this application. Hearing on a New Application from E. Davis, LLC, for a Tavern Liquor License at The Starlight,167 North College Avenue, Zach Wilson, attorney representing E. Davis, LLC, the applicant called Eric Rabinowitz to testify. Eric Rabinowitz, representative for E. Davis, LLC, was sworn. He stated he is TIP's trained. Mr. Rabinowitz stated the Starlight is a unique music venue. He stated the Starlight holds 250 people and he described the types of snacks that will be available to patrons. Mr. Rabinowitz stated the hours will be Monday -Thursday 5:00 p.m. to 2:00 a.m. and Friday and Saturday hours will vary. He stated he is familiar with the liquor code and will have all staff attend training. Mr. Rabinowitz detailed how he will ameleoriate problems with his clients and stated they would not open until after 8 p.m. the first Friday of each month to not interfere with the local art showing. In response to a question from the authority, Mr. Rabinowitz stated he spent a lot of time working with his immediate neighbors and that he will broaden the types of bands that perform at the Starlight. He briefly described his security measures, noting that there will be 1 employee per 15 patrons. Mr. Rabinowitz stated the patio is no longer part of the liquor licensed premise. He stated he will put an alarm on the back door next to the office. Mr. Rabinowitz stated his lease is not based on percentage of liquor sales. • i Mr. Rabinowitz was dismissed. Mr. Wilson called Steve Ackerman, a party -in -interest, to testify. April 1, 2002 Steve Ackerman, owner of 208 and 210 Linden Street, was sworn. He stated the Starlight is not the same type of venue as the Aggie and described how the Starlight's venue is different. Mr. Ackerman was dismissed. Mr. Wilson called Vicki Becker, a patty -in -interest, to testify. Vicki Becker, owner of Threads Clothing Company, was sworn. She stated she met Mr. Rabinowitz 3 months ago and does not believe that the Starlight will affect her business. Ms. Becker was dismissed. Mr. Wilson called Nicole Zentveld, a party -in -interest, to testify. Nicole Zemveld, manager at Threads Clothing Company, was sworn. She stated the sidewalk has been very clean over the last 2 years. Ms. Zentveld stated she has performed at the Starlight, Lindens, and the County Cork and stated the Starlight is more for local musicians. Ms. Zentveld was dismissed. Mr. Wilson called Walt Werren, a party -in -interest, to testify. Walt Werren, owner operator of ABCDs, was sworn in. He stated he has spoken extensively with Mr. Rabinowitz about his operation of the Starlight and that it will provide a diversity of music. Mr. Wilson called John Trujillo, a party -in -interest, to testify. John Trujillo, owner operator of Surfside 7, was sworn. He stated he monitors his front walk area and cleans up as needed. Mr. Trujillo was dismissed. Assistant City Attorney Ablao called Liquor Enforcement Officer Johnson to testify. Officer Johnson was sworn. He briefly discussed the occupancy levels of several tavern liquor licenses. Officer Johnson was dismissed. Judge Lane stated she would allow other parties -in -interest to testify at this point in the hearing. April 1, 2002 Joshua Johnson, resident and manager of the Rocky Mountain Bullhorn, was sworn. He stated he is in support of this application and affirmed that the Starlight is a unique venue. Mr. Johnson resides at 147 West Oak Street Suite 3. Andy Malishenko,217 Buckingham Street, read a prepared statement in support of this application. Ted Zibell, owner of 154 and 160 North College (The Perennial Gardener and Sense of Place) stated the Starlight was not compatible with retail business. He spoke extensively in opposition to this application. Mr. Wilson gave his closing arguments. Assistant City Attorney Ablao gave her closing arguments. Judge Lane adopted Resolution 2002-09 approving the application from E. Davis, LLC, for a tavern liquor license at The Starlight, 167 North College Avenue. Adjournment The meeting adjourned at 5:10 p.m. Municipal Judge Secre