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Home My WebLink AboutLiquor Licensing Authority - Minutes - 09/08/2003LIQUOR LICENSING AUTHORITY MINUTES Regular Meeting - September 8, 2003 1:00 P.M. Council Liaison: Ray Martinez 11 Staff Liaison: Aimee Jensen A regular meeting of the Liquor Licensing Authority was held on September 8, 2003 in Municipal Court, Justice Center, 201 LaPorte. Judge Kathleen M. Lane presiding. Staff in attendance: Teresa Ablao, Assistant City Attorney Robert Younger, Liquor Enforcement Officer Aimee Jensen, Deputy City Clerk Agenda Review Deputy City Clerk Jensen stated the City Attorney's office has reached stipulation agreements with attorney's representing Tailgate Tommy's, 145 East Mountain Avenue and Surfside 7 Cafe, 150 North College Avenue. She noted that representatives from La Cost Mexican Restaurant, 2315 South Shields was not present and that Jake Maas was present as representative for County Cork Pub, 313 West Drake Road. Consent Agenda a. Transfer of Ownership of Pizza Hut 4643 South Mason from Winny Enterprises. Inc to Mountain View Pizza. LLC b. Transfer of Ownership of Pizza Hut 1075 Pennock Place from Winny Enterprises Inc.. to Mountain View Pizza LLC C. Transfer of Ownership of Pizza Hut 2567 South Shields Unit #A C from Winny Enterprises. Inc.. to Mountain View Pizza LLC d. Consideration of an Application from the Fort Collins Running Club Inc for a Special Events Permit on the north half of the Oak/Remington parking lot Judge Lane adopted the Consent Agenda. September 8, 2003 Consideration of an Application from the Office - Learning & Volunteer Program (Colorado State University), for a Special Events Permit at the Museum of Contemporary Art, 201 South College Avenue, Approved Victoria Keller, representative from the Office - Learning & Volunteer Program, briefly described the proposed event. She stated the volunteers will be responsible for checking the id's of patrons. Judge Lane approved the application from the Office - Learning & Volunteer Program (Colorado State University), for a Special Events Permit at the Museum of Contemporary Art, 201 South College. Request from Mini Corporation, dba Match -Ups, at 625 South Mason Street, to Change, Alter, or Modify the Licensed Premises, Approved Tim Dow, attorney representing Mira Corporation, stated he was ready to proceed. Ms. Nicole Hellmer, corporate officer for Mini Corporation, briefly described the proposed changes. She stated the patio will be visible from the inside. Ms. Hellmer stated they do not plan on having live entertainment on the patio. She briefly described the petitioning process. Ms. Hellmer stated she will submit a scale diagram of the premise. Judge Lane approved the request from Mini Corporation, dba Match -Ups, at 625 South Mason Street, to Change, Alter, or Modify the Licensed Premises contingent upon approval from the Poudre Fire Authority. Request from An American Bistro, LTD, dba Jay's Bistro, at 135 West Oak Street, to Change, Alter, or Modify the Licensed Premises, Approved Jay Widen, president of An American Bistro, Ltd., briefly described the proposed modifications. He stated he would increase the number of seats by 25 - 30. M. Witten stated he is removing the back patio and back storage area from the licensed premise. Judge Lane approved the request from An American Bistro, LTD, dba Jay's Bistro, at 135 West Oak Street, to Change, Alter, or Modify the Licensed Premises contingent upon approval from the Poudre Fire Authority. 2 September 8, 2003 Registration of Ryan Parker as Manager of Beau Jo's Pizza,100 North College Avenue Approved Ryan Parker, manager applicant, stated he has been working for B.J. Management, Inc., for 6 years. He stated he has received `on the job training', as well as T.I.P.'s training. Mr. Parker stated he supervises 25-30 people. He stated he requires servers to be 21 or older and that patrons are carded at the table. Mr. Parker stated they have a zero tolerance for violating the liquor code. He stated he has the Liquor Code on premise. Judge Lane approved the registration of Ryan Parker as Manager of Beau Jo's Pizza, 100 North College Avenue. Stipulation Agreement with SGC&C, Inc., dba Tailgate Tommy's.145 East Mountain Avenue Approved Assistant City Attorney Ablao summarized the stipulation agreement and stated that the Licensee was present to answer questions. She stated that the Licensee has agreed to a 20 day suspension, 3 days actively served, with 17 days held in abeyance for 1 year for violating Regulation 47-918, 47-900 and C.R.S., 12-47-901(5)(b)(I). Judge Lane approved the Stipulation, Admission of Violation and Order as presented for Tailgate Tommy's, 145 East Mountain Avenue. Stipulation Agreement with Casco ITC, dba Surfside 7 Cafe,150 North College Avenue Approved Assistant City Attorney Ablao summarized the stipulation agreement and stated that the Licensee was present to answer questions. She stated that the Licensee has agreed to a 15 day suspension, 5 days served ($691.00 fine paid in lieu of active suspension), with 10 days held in abeyance for 1 year. Ms. Ablao stated the Licensee has agreed to increase his food sales percentage to 25% within 6 months of the Authority's acceptance of this stipulation and maintain the 25% for the following 6 months. It was also agreed upon that the Licensee does not maintain the 25% food sales after the initial 6 months, that the license will be revoked. Judge Lane approved the Stipulation, Admission of Violation and Order as presented for Surfside 7 Cafe, 150 North College Avenue. 3 September 8, 2003 Show Cause Hearing for Dos Hermanos, Inc., dba La Costa Mexican Restaurant, 2315 South Shields Hearing Vacated Assistant City Attorney Ablao requested that this show cause hearing be vacated as the Licensee has filed the appropriate paperwork to change the corporate name with the Liquor Licensing Authority's Secretary and the Secretary of State's office. Judge Lane granted the vacation of the Show Cause Hearing for Dos Hermanos, Inc., dba La Costa Mexican Restaurant, 2315 South Shields. Show Cause Hearing for County Cork, Inc., dba County Cork Pub, 313 West Drake Road, Violation Found Assistant City Attorney Ablao stated that County Cork, Inc., and the Fort Collins Police Department have not reached a stipulation agreement. In response to a question from the Judge, Ms. Ablao stated there is one charge for unsanitary conditions, Regulation 47-902. Assistant City Attorney Ablao submitted Exhibit 1, Officer Robert Younger's report of his inspection on May 2, 2003. Officer Younger was swom. He briefly described how the inspection was conducted and his findings. Officer Younger stated he has discussed the results of his inspection with the manager that was on duty at the time of the inspection. He stated it appeared that the beer lines were not cleaned by the second inspection on May 24, 2003. Assistant City Attorney Ablao submitted Exhibit 2, a health inspection report from the Latimer County Health Department dated October 15, 2003, and Exhibit 3, a health inspection report from the Latimer County Health Department dated May 19, 2003. Judge Lane admitted Exhibits 1 - 3 into evidence. Jake Maas, representative for County Cork, Inc., was swom. Mr. Maas cross-examined Officer Younger. He stated the beer lines were cleaned within 2-3 days of the May 2, 2003 inspection. Mr. Maas stated he has taken corrective action to mitigate fruit flies in bottles of alcohol. Mr. Maas submitted the following exhibits: Exhibit A - Fort Collins Police Department report, dated May 2, 2003 Exhibit B - Fort Collins Police Department report, dated May 24, 2003 Exhibit C - Motion to Revoke or Suspend Exhibit D - Larimer County Environmental Health Inspection, dated May 20, 2003 Exhibit E - High Country Beverage Cleaning Schedule Exhibit F - American Eagle Distributing Cleaning Schedule Exhibit G - New Belgium Brewery Cleaning Schedule Exhibit H - Western Beverage Cleaning Schedule Exhibit I - National Center for Disease Control Report September 8, 2003 Exhibit J - American Industrial Hygiene Association Judge Lane admitted Exhibits A - J into evidence. In response to a question from Assistant City Attorney Ablao, Officer Younger briefly described the training he received from the previous Liquor Enforcement Officer. Assistant City Attorney Ablao made closing statements. Mr. Maas made closing statements. Judge Lane ordered that the Licensee is to serve 1 day of suspension for the violation of Regulation 47- 902 (Licensee failed to maintain its establishment in a clean and sanitary condition) by paying a fine in lieu of suspension in the amount of $200. The meeting adjourned at 315 p.m. Adjournment Municipal Judge