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HomeMy WebLinkAboutLiquor Licensing Authority - Minutes - 12/21/2005• • LIQUOR LICENSING AUTHORITY MINUTES Regular Meeting - November 21 , 2005 1:00 P.M. and November 22, 2005 1:00 P.M. Staff Liaison: Aimee Jensen A regular meeting of the Liquor Licensing Authority was held on November 21, 2005 and November 22, 2005 in Municipal Court, Justice Center, 201 LaPorte. Judge Kathleen M. Lane presiding. Staff in attendance: Teresa Ablao, Assistant City Attorney Aimee Jensen, Deputy City Clerk Robert Younger, Liquor Enforcement Officer Bob Dill, representative for PM - Fort Collins, LLC, presented a motion to Exclude Testimony and the Evidence. Teresa Ablao, Assistant City Attorney, rebutted Mr. Dill's argument and presented a court memorandum. Judge Lane stated the city code is supplemental to the liquor code. She denied the motion to exclude testimony and it's accompanying evidence. Mr. Dill requested that each side select a few witnesses from each side to represent their view point. Judge Lane stated she will limit witnesses from the main parties in interest to 3 to 5 witnesses. Mr. Dill called Will Coleman to testify. Mr. Coleman, representative for the applicant, was sworn. He briefly described the establishments in Denver and Greenwood Village. Mr. Coleman detailed how his premise is different than other tavern liquor licensed establishments. He described the type of clientele his business attracts. Mr. Coleman stated he would have 30-40 employees. He stated he will require his employees to regularly attend training. Mr. Coleman briefly described the menu. He stated hours of operation would be from 4:00 p.m. to 2:00 a.m. Mr. Coleman stated he desires that this license be issued. November 22, 2005 Assistant City Attorney Ablao cross-examined Mr. Coleman. He stated he would either have live music or a disc jockey. Mr. Coleman stated the occupancy of the Greenwood Village location is approximately 200. He stated the kitchen will be open until midnight but will have food service available until 2:00 a.m. Ramsey Myatt, attorney representing Cary Hewitt, party in interest cross-examined Mr. Coleman. He stated this is the only premise that is large enough to accommodate large private parties such as graduations, wedding receptions, etc. In response to a question from the Judge, Mr. Coleman detailed the premise. In response to a question from Assistant City Attorney Ablao, Mr. Coleman stated that sprinklers were added in 1997. Mr. Coleman was dismissed. Mr. Dill called Kelly Pietts to testify. Kelly Pietts, representative for Esquire Petition, was sworn. Ms. Pietrs briefly described the petitioning process. She stated the neighborhood consisted of business and residential locations. Ms. Pietrs reviewed her summary report. She stated the response to this petition was very positive. Deputy City Attorney Ablao cross-examined Ms. Pietrs. Mr. Myatt cross-examined Ms. Pietts. She stated the circulators are paid hourly. Ms. Pietrs was dismissed. Mr. Dill called Jared Arthur to testify. Jared Arthur, police officer with the City of Greenwood Village, was sworn. He stated he has found the owners of the Purple Martini to be cooperative and responsive to the police department's suggestions. Mr. Myatt cross-examined. Officer Arthur stated that there are between 1 and 2 officers at closing. Officer Arthur was dismissed. Mr. Dill called Jess Gries to testify. Jess Gries, resident and business owner within the neighborhood, was sworn. He stated it is his desire that this license be issued. Mr. Gries stated most establishments are geared to the college age crowd. Assistant City Attorney Ablao cross-examined Mr. Gries. 2 November 22, 2005 Mr. Myatt cross-examined Mr. Gries. Mr. Gries was dismissed. Mr. Dill called Justin Kliewer to testify. Justin Kliewer, leasing agent for 125 South College Avenue, was swom. He stated the Purple Martini's presence in Greenwood Village has facilitated the growth of neighboring tenants. Assistant City Attorney Ablao cross-examined Mr. Kliewer. Mr. Myatt cross-examined Mr. Kliewer. He stated at closing time there are approximately 100-200 people leaving the Purple Martini in Greenwood Village. Mr. Kliewer was dismissed. Mr. Dill called Michael Jensen to testify. Michael Jensen, one of the property owners of 125 South College Avenue, was sworn. He stated he purchased the building in August, 2004. Mr. Jensen briefly described his attempts to market this building. He stated that lack of parking has dissuaded retailers from locating in this building. Mr. Jensen stated that the Purple Martini would not be detrimental to the downtown area. He stated it is his desire that this license be granted. Mr. Jensen stated he is has done his due diligence in researching this tenant. Mr. Myatt cross-examined. Mr. Jensen was dismissed. After a recess, it was agreed that the hearing would not be concluded today and would continue at 1:00 p.m., tomorrow, November 22, 2005. In tesponse to a question from Mr. Myatt regarding the number of individuals attending the hearing who may not be heard today due to time constraints and may not be able to return tomorrow, Judge Lane requested that any such parties in interest submit a letter to Deputy City Clerk Jensen by 9:00 a.m., Tuesday, November 22, 2005, to be considered as an exhibit. Mr. Dill called Andrew Bantham to testify. Andrew Bantham was swom. He stated he is the owner of 204 South College Avenue where the tavern liquor license The Aggie is located. Mr. Bantham stated he is familiar with the downtown area. He stated the Purple Martini would not be a detriment to the downtown area. Mr. Bantham stated it is his desire that this application be granted. November 22, 2005 Assistant City Attorney Ablao cross-examined. Mr. Myatt cross-examined. Mr. Bantham stated he is a 25% owner of 204 South College Avenue. Mr. Bantham was dismissed. Mr. Dill re -called Will Coleman to testify. He briefly described the supplemental petitions he submitted. In response to a question from the Judge, Assistant City Attorney Ablao stated she will review Mr. Coleman's petitions for additional signatures that are outside the designated neighborhood. Mr. Dill called Carol Miller to testify. Carol Miller, owner of the property at 238 Walnut, was sworn. She stated it is her desire that this application be granted. Assistant City Attorney Ablao cross-examined. Carol Miller was dismissed. Mr. Myatt called Cary Hewitt as a witness. Carey Hewitt, owner of The Cupboard at 152 South College Avenue, was sworn. He detailed the information submitted to the Authority. Mr. Hewitt stated some of his retail customers have expressed concerns with coming to the downtown area after dark. He detailed the petitioning process. Mr. Hewitt stated it is his desire that this application not be granted. He stated the Purple Martini would be a detriment to the downtown area. Judge Lane admitted the petitions circulated by Cary Hewitt. Mr. Dill cross-examined. Mr. Hewitt detailed information in his letter. Assistant City Attorney Ablao cross-examined. Mr. Hewitt was dismissed. Clark Mapes, city planner for the City of Fort Collins, was sworn. He briefly described his responsibilities and duties as a city planner. Mr. Mapes stated that in preparing the Downtown Strategic Plan, the Fort Collins Police Department was consulted. He stated numerous individuals, including City Council were involved in developing the Downtown Strategic Plan. Mr. Mapes stated the plan is an overall guide for future development. Mr. Dill began cross-examination. Meeting adjourned at 5:20 p.m., to be continued to November 22, 2005 at 1:00 p.m. 4 November 22, 2005 November 22, 2005,1:00 p.m. Judge Lane reviewed the order of the hearing and entered into evidence letters in support and in opposition to the application. Mr. Myatt expressed concern with limiting witnesses testimony. He also requested that he be allowed to call 2 witnesses who need to leave, then allow Mr. Dill to complete his cross-examination of Mr. Mapes. Mr. Dill did not object. Mr. Myatt called Vivian Blighton as a witness. Vivian Blighton, business owner, was sworn. In response to a question from Mr. Myatt, Ms. Blighton stated she owns Vivian's at 223 South College Avenue. She stated she is familiar with the downtown area and that she has had 8 windows broken. Ms. Blighton stated that she believes that the current needs are being met by the current tavern liquor licensed establishments and does not desire that this application be granted. Mr. Dill cross-examined. He requested that this testimony be stricken as to her reasons opposing this application are not a valid concern. Judge Lane stated she will allow the testimony. Assistant City Attorney Ablao cross-examined. Mr. Myatt called Leslie Nance as a witness. Leslie Nance, business owner located at 129 Remington, was sworn. She stated she initially she signed the petition in support of this application, but has since reversed her initial support. Ms. Nance stated she has had continual problems with vandalism. Ms. Nance was dismissed. Clark Mapes, City of Fort Collins Planner, was recalled as a witness so Mr. Dill could complete his cross-examination. Judge Lane reminded Mr. Mapes that he is still under oath. Mr. Mapes detailed information from the Downtown Strategic Plan. Detailed discussion ensued regarding occupancy and square footage of commercial property in the downtown area. Assistant City Attorney Ablao cross-examined Mr. Mapes. Mr. Myatt re -directed Mr. Mapes. November 22, 2005 Mr. Mapes was dismissed. Mr. Myatt called Les Kaplan as a witness. Less Kaplan, property owner 101, 105 and 115 South College, was sworn. He detailed his attempts to lease his building located adjacent to a tavern liquor licensed establishment. Mr. Kaplan stated he and his tenants are opposed to the granting of this application. He stated he was on the advisory committee for the Downtown Strategic Plan. Mr. Kaplan detailed his opposition to this application. He stated he believes the needs and desires of the neighborhood are currently being met by the existing outlets. Mr. Dill cross-examined. Mr. Kaplan stated he has had several conversations with the owner of the Aggie Theater regarding their patrons. He stated he voiced his opposition to the Purple Martini at a recent City Council meeting. Mr. Kaplan was dismissed. Mr. Myatt called Robert Steiner. Mr. Steiner, executive director of the Downtown Development Authority, was sworn. He stated the Downtown Development Authority has specifically stated they have chosen to remain neutral. Mr. Steiner stated he has heard complaints from several business owners regarding the affects of bar patrons. He stated that the needs are currently being met by existing outlets. Mr. Dill cross-examined. Mr. Steiner stated he did not ask to be subpoenaed to this hearing. Assistant City Attorney Ablao cross-examined. Mr. Steiner was dismissed. Mr. Myatt requested that Judge Lane enter into evidence a survey conducted by Shoni French regarding the availability of martinis within a three block area of the proposed Purple Martini location. Mr. Dill and Assistant City Attorney Ablao did not object to the survey. Judge Lane entered the Survey of Martini Availability into evidence. Assistant City Attorney Ablao stated that Mr. Dill and Mr. Myatt have stipulated to information from Ken Waido, Chief Planner for the City of Fort Collins, regarding census track data. Judge Lane entered the Census Track Data into evidence. Judge Lane stated she would allow other parties -in -interest to testify at this point in the hearing. Dave Edwards, resident of 218 West Magnolia, was sworn. Mr. Edwards spoke in opposition to the granting of this liquor license application. • E Mr. Dill cross-examined Mr. Edwards. November 22, 2005 Tom Campbell, resident of 730 West Mountain, was sworn. Mr. Campbell spoke in support of this liquor license application. Pat Talley, resident of 137 South College Avenue, was sworn. Ms. Talley stated that the needs are currently being met by existing outlets. Brett Siebenaler, resident of 322 Cherry Street, was sworn. Mr. Siebenar stated he desires that this tavern liquor license be granted. He stated that there is adequate police presence. Gary Hovatter, resident 623 South Remington Street, was sworn. He stated that the Purple Martini will not contribute to problems in the downtown area. Mr. Hovatter stated he desires that the tavern liquor license be granted. Mikal Torgerson, business owner at 223 North College, was sworn. He stated that the Purple Martini will not contribute to problems in the downtown area. Mr. Torgerson stated he desires that the tavern liquor license be granted. Mr. Myatt cross-examined. Peder Halsciaeid, business owner located at 185 North College Avenue, was sworn. He stated that he desires that the tavern liquor license be granted. Troy Jones, business owner located at 223 North College Avenue, was sworn. He stated that there is a need and a desire for this establishment. Greg Glebe, business, property owner of 325 Cherry Street, was sworn. He stated he is in support of the issuance of the tavern liquor license. Mr. Glebe stated the market place should dictate if the Purple Martini will succeed. Nico Zentveld, business owner at 115 South College Avenue, was sworn. He stated he has been in business for 32 years. Mr. Zentveld stated adding another tavern liquor license would strain law enforcement. Mr. Dill cross-examined Mr. Zentveld. Assistant City Attorney Ablao cross-examined Mr. Zentveld. Mr. Myatt cross-examined Mr. Zentveld. Jim Franzen, property owner located at 214 South College Avenue, was sworn. He stated the needs of the neighborhood are being met by the existing outlets. Mr. Franzen stated he has met with several city officials in an attempt to address the drinking crowd in the downtown area. November 22, 2005 Mr. Dill cross-examined. Mr. Franzen stated the downtown area has gone beyond the point of saturation for tavern liquor licenses. Mr. Myatt cross-examined. Mr. Franzen stated that the bar crowd was a major factor in relocating his business outside of the downtown area. Ted Zibell, business owner at 154,160 and 164 North College Avenue, was sworn. He stated he has been very involved in the downtown area for 10 years. Mr. Zibell stated there are several retail stores that will be relocating out of the downtown area. McCabe Callahan, business owner located at 261 South College Avenue, was sworn. He stated the short term effects of granting this tavern liquor license would be similar to granting 4 to 5 tavern liquor licenses at the same time. Mr. Callahan stated granting this tavern liquor license would create a strain on law enforcement. Mr. Dill cross-examined Mr. Callahan. Sam Cincotta, resident at 300 Remington, was sworn. He stated the parking lot at 300 Remington is the scene of vandalism. Tom McClelland, owner of Ace Hardware, was sworn. He stated he is speaking in opposition to the granting of this tavern liquor license. Mr. McClelland stated the downtown area has become less family friendly with each liquor license. Benin Wachsmann, business located at 227 and 229 West Mulberry, was sworn. He stated he supports the granting of this liquor license. Mr. Wachsmann stated the late night crowd from the Purple Martini would not be a detriment to the downtown area. Donna Stein, resident at 511 North Loomis, was sworn. She stated the downtown area does not need another liquor licensed establishment. Ann Griffith, owner of a business located at 307 South College, was sworn. She stated the downtown area does not need another liquor licensed establishment. Assistant City Attorney Ablao called Officer John Pino as a witness. Lieutenant John Pino, a police officer with the Fort Collins Police Department, was sworn. Lieutenant Pino testified as to staffing of police officers in the downtown area. He stated one of the officers duty assigned to this area is to provide a safe environment. Lieutenant Pino stated that Officer Robert Younger's primary responsibility is liquor enforcement activities. He stated the police department can not currently keep up with the demand for services in the downtown area. Lieutenant Pino stated that an additional tavern liquor licensed establishment would strain current police resources. He stated if there is a major incident in the downtown area, it would require police officers to be pulled from outlying districts. November 22, 2005 Mr. Dill cross-examined. Lieutenant Pino stated that a portion of the Purple Martini patrons will likely require police presence. Mr. Myatt cross-examined. Assistant City Attorney Ablao re -directed. Lieutenant Pino stated the highest concentration of tavern liquor licenses is in the downtown area. Lieutenant Pino was dismissed. Assistant City Attorney called Sergeant Gonzales as a witness. Sergeant Gonzales, law enforcement officer with the Fort Collins Police Department, was sworn. He stated he has been with the Fort Collins Police Department for 24 years. Sergeant Gonzales briefly described the duties of the officers located in the downtown area. He stated the busiest time for the District One police station is Wednesday through Saturday. Sergeant Gonzales reviewed the tavern liquor licensed establishment in the downtown area. He stated they require resources from other police districts to augment the district one area. Mr. Dill cross-examined Sergeant Gonzales. Sergeant Gonzales stated the Captain determines patrol concentrations. Mr. Myatt cross-examined Sergeant Gonzales. Sergeant Gonzales stated he has not been present for the entire hearing. Assistant City Attorney Ablao re -directed. Sergeant Gonzales was dismissed. Assistant City Attorney Ablao called Officer Weaver as a witness. Officer Weaver, a police officer with the Fort Collins Police Department, was sworn. Officer Weaver briefly described his duties as a police officer with the District One police substation. He stated his patrol duties are generally Friday and Saturday night from 4:30 p.m. to 2:30 a.m. Officer Weaver stated that incidents involving bodily wastes is a low priority. He stated on a busy Friday or Saturday night in the Old Town Square there are approximately 500-600 people. Mr. Dill cross-examined Officer Weaver. Mr. Myatt cross-examined Officer Weaver. He stated that the 4000-5000 patrons that come to the downtown area create problems in surrounding parking lots. Officer Weaver was dismissed. Assistant City Attorney Ablao called Liquor Enforcement Officer Younger as a witness. November 22, 2005 Officer Younger, a police officer with the Fort Collins Police Department, was swom. He detailed his duties as the Liquor Enforcement Officer. Officer Younger stated the concentration of liquor licensed establishments in the downtown area requires 75% of his time. He stated that Friday and Saturday night are generally the busiest nights for liquor related incidents. Officer Younger stated that many tavern licensed establishments are at their occupation capacity. (Showed video) He stated the data presented represented incidents, not traffic related, that have occurred in the downtown area over a 13 month period. Officer Younger stated adding one more tavern liquor license will require additional law enforcement resources. He stated that the Fort Collins Police Department did not oppose the Gelazzi Gelato Italiano Cafe as their hours of operation will not be beyond 10:00 p.m. and that any liquor served will be as a topping to ice cream. Mr. Dill cross-examined Officer Younger. Officer Younger stated that the City has closely reviewed any tavern liquor licensed applications for the downtown area. Officer Younger was dismissed. Mr. Dill recalled Will Coleman as a witness. Mr. Coleman, representative for the applicant, was sworn. He briefly described a verbal exchange he had with Officer Younger. Mr. Coleman was dismissed. Mr. Dill called Mike Jensen as a witness. Mike Jensen, property owner of 125 South College Avenue, was swom. Mr. Jensen stated that if the City wishes to limit business through zoning, then City Council must allow the citizens of Fort Collins to vote on this issue. Mr. Jensen was dismissed. Mr. Dill gave his closing arguments. Mr. Myatt gave his closing arguments. Assistant City Attorney Ablao gave her closing arguments. Mr. Dill gave further closing arguments. Judge Lane stated she will issue a written order through Deputy City Clerk Jensen. 10 0 The meeting adjourned at 7:45 p.m. Adjournment 11 _lr,.n� Municipal Judge November 22, 2005