HomeMy WebLinkAboutLiquor Licensing Authority - Minutes - 03/18/20020
LIQUOR LICENSING AUTHORITY MINUTES
Regular Meeting - March 18, 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 March 18, 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
Deputy City Clerk Jensen stated there are no changes to the agenda.
Hearing on a New Application from Albertson's. Inc..
for a 3.2% Beer - Off Premise License at
Albertson's Fuel Express #814, 1660 North College Avenue, Approved
David Cubbage, grocery manager for Albertson's at 1636 North College, was sworn. He stated he will
be responsible for the 3.2% sales at the Fuel Express and that this is for the convenience of their
patrons. Mr. Cubbage stated Albertson's has corporate training and bi-annual training. He explained
the procedures if a visibly intoxicated patron comes on premise and stated everyone that purchases beer
is carded. He briefly reviewed the diagram and stated he would submit a current diagram. Mr. Cubbage
has never had a liquor code violation. People that have violated the liquor code at other stores have
been terminated.
Charles Cump, representative for Esquire Petitioning, Inc., was sworn in. He stated his compensation
is not based on the number of signatures he obtains. Mr. Cump briefly described the petitioning process
noting that 77% were in favor. He considered it to be very high
Judge Lane adopted Resolution 2002-02, approving an application from Albertson's, Inc., for a 3.2%
Beer License - Off -Premise at Albertson's Fuel Express #814, 1660 North College Avenue.
March 18, 2002
151 South College Avenue. Postponed to Apri11.2002
Patricia Diaz, representative for Fiesta Patio Cafe, requested that the hearing be postponed to April 1,
2002.
Judge Lane postponed the hearing on a new application from Fiesta Patio Cafe, for a Hotel -Restaurant
Liquor License at Fiesta Patio Cafe, 151 South College Avenue, to April 1, 2002.
Theatre) and Trade Name Change to Aggie Theatre. Auuroved
Ramsey Myatt, attorney representing parries -in -interest, presented a the Judge with a motion to
withdraw opposition to this application. Mr. Myatt stated that both parties have met and have reached
a private good faith agreement.
Zach Wilson called Scott Leary, representative for IVP, Inc., to testify.
Scott Leary was sworn. He briefly described the petitioning process. Assistant City Attorney Ablao
opposed the supplemental petitions to be entered as exhibits. Judge Lane stated they do have probative
value and will allow them as an exhibit.
Scott Leary was dismissed.
Zach Wilson called Alden Hill, party -in -interest, to testify.
Mr. Hill was sworn. He stated his business is located at 160 West Mountain and his residence is at 318
South Grant. Mr. Hill stated both addresses are within the designated neighborhood. He stated that
the Aggie Theatre offers a venue unique to Fort Collins.
Mr. Hill was dismissed.
Mr. Wilson called Donald Beard, party -in -interest, to testify.
Mr. Beard was sworn. He stated he serves on the board of directors for the Museum of Contemporary
Art located 201 South College Avenue. Mr. Beard stated there are constant maintenance problems. In
response to a question from Mr. Wilson, Mr. Beard stated that the maintenance problems have
continued even though the Aggie has been closed.
Mr. Beard was dismissed.
Mr. Wilson called Melinda Swenson, a party -in -interest, to testify.
Ms. Swenson was sworn. She stated she is the manager of the business located at 212 South College
March 18, 2002
Avenue. Ms. Swenson stated that within the last 10 years, they have suffered 19 separate incidents of
vandalism. She stated that current law enforcement is already stretched to meet current demands.
Ms. Swenson was dismissed.
Mr. Wilson called Vicky Beckers, a party -in -interest, to testify.
Ms. Beckers was sworn. She stated she is the owner of Threads Clothing located at 153 North College
Avenue. Ms. Beckers stated Mr. Leary has been available and willing to address any problems.
Ms. Beckers was dismissed.
Mr. Wilson called William Chelahs, a party -in -interest, to testify.
Mr. Chelalis was sworn. He stated he owns a business at 238 Linden Street. Mr. Chelalis spoke in favor
of issuance of this license.
Mr. Chelalis was dismissed.
Mr. Wilson called Bob Everitt, a party -in -interest, to testify.
Mr. Everitt was sworn. He stated he is a limited partner in the Armstrong Hotel, located at 259 South
College Avenue. Mr. Everitt expressed concern with such a large venue serving alcohol. He stated he
is not familiar with the good faith agreement between Mr. Leary and Mr. Kaplan. Mr. Wilson briefly
reviewed the agreement.
Mr. Everitt was dismissed.
Mr. Wilson called Phillip Benstein, a party -in -interest, to testify
Mr. Benstein was sworn. He stated he is a resident of 1111 Akin Avenue and that issues raised during
this hearing have more to do with the growth of a city rather than liquor licensing.
Mr. Benstein was dismissed.
Mr. Wilson called Vanessa Martinez, a party -in -interest, to testify.
Ms. Martinez was sworn. She stated she owns a business at 411 East Olive Street and has a residence
at 147 South Oak Street. Ms. Martinez stated she is in support of this applications.
Ms. Martinez was dismissed.
Mr. Wilson made closing arguments. He stated opposition to this application has been withdrawn.
March 18, 2002
Judge Lane approved the Change of Location application from IVP, Inc., to move a Tavern Liquor
License from 167 North College Avenue (StatLight) to 204 South College Avenue (Aggie Theatre) and
Trade name Change to Aggie Theatre.
The meeting adjourned at 3:00 p.m.
Adjournment
4
Municipal Judge