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HomeMy WebLinkAboutLiquor Licensing Authority - Minutes - 12/01/1999a a>. LIQUOR LICENSING AUTHORITY MINUTES Regular Meeting - December 1, 1999 6:00 p.m. Council Liaison: Ray Martinez Staff Liaison: Aimee Jensen Chairperson: Carl Cooper Phone: 970-498-5120 (w) 970-226-3798 (h) A regular meeting of the Liquor Licensing Authority was held on Wednesday, December 1, 1999, in the Council Chambers of the Fort Collins Municipal Building. The following members were present: Cooper, Crowfoot, Duffy, and Schmitz. Absent: Oldham (Davis resigned December 3, 1999). Staff Members Present: Aimee Jensen, City Clerk's Office Greg Tempel, City Attorney's Office Richard Johnson, Police Department Consent Calendar The Consent Calendar is intended to expedite the meeting and allow the Authority to spend its time and energy on the important items on a lengthy agenda. Items on the Consent Calendar are (1) routine items; and (2) those of no perceived controversy. Anyone may request that an item be "pulled" off the Consent Calendar and considered separately. Items pulled from the Consent Calendar will be considered separately immediately following adoption of the Consent Calendar. 1. Approval of minutes from October 27, 1999 2. Report of Change of Corporate Structure forAlbertson's.Inc. dba•Albertson's#876 731 South Lemay: #814, 1636 North College Avenue; and #862, 3660 South Mason 3. Report of Change of Corporate Structure from Colorado Restaurant Management Inc dba as The Black Eyed Pea, 4312 South College. 4. Report of Change of Trade Name from Total #2623 to Total #4107 221 West Prospect 5. Transfer of Ownership of Applebee's Neighborhood Grill & Bar, 4306 South College from RCI Denver. Inc., to Restaurant Concepts II LLC 6. Report of Change of Corporate Structure for Old Chicago of Colorado Inc dba Old Chicago 147 South College. December 1, 1999 Authority member Crowfoot made a motion, seconded by Authority member Schmitz, to adopt and approve the items on the Consent Calendar. Yeas: Cooper, Crowfoot, Duffy, and Schmitz. Nays: None. THE MOTION CARRIED. Registration of Carl Manning Brink as Manager of Total #4107, 221 West Prospect. Approved Carl Brinks, applicant, stated he has been a manager for 2 years and is responsible for training his employees. He stated he has a copy of the Liquor Code on premise. Mr. Brinks noted that selling to a minor is an automatic termination of employment. He described the type of training employees receive. Authority member Crowfoot made a motion, seconded by Authority member Schmitz, to approve Carl Manning Brink as Manager of Total #4107, 221 West Prospect. Yeas: Cooper, Crowfoot, Duffy, and Schmitz. Nays: None. THE MOTION CARRIED. Transfer of Ownership of The Town Pump from Dennis Newlun to John K. Latendresse, 124 North College, Approved Assistant City Attorney Greg Tempel stated the deficiencies for this application have been resolved. John K. Latendresse, owner, stated he has been in the liquor industry for 12 years and at The Town Pump for 9 years. Mr. Latendresse stated he has 6 employees and is responsible for training. He stated everyone gets carded that enters his establishment. He noted that on busy nights he has a door man checking I.D.s. Mr. Latendresse stated he has had no liquor violations and if an employee violated the Liquor Code they would be terminated. He stated he has the Liquor Code on premise. Authority member Crowfoot made a motion, seconded by Authority member Schmitz, to approve the transfer of ownership of The Town Pump, 124 North College, from Dennis Newlun to John K. Latendresse. Yeas: Cooper, Crowfoot, Duffy, and Schmitz. Nays: None. THE MOTION CARRIED. Transfer of Ownership of Bamboo Bistro, 2631 South College from C & S Kingdom, Inc., to Fort Collins Hooters, Inc., and Trade Name Change to Fort Collins Hooters, Anuroved Visvaldis Jaunarajas, attorney representing Fort Collins Hooters, Inc., stated he will provide the necessary information to make the application complete. Mr. Jaunarajas gave a brief description of the December 1, 1999 ownership. He stated that a manager has recently been appointed and will be provided his application to the Clerk's office in the near future. Mr. Jaunarajas introduced Tom Campbell, vice-president and regional director, who will be directly responsible for monitoring the Fort Collins Hooters. Mr. Campbell described his duties and stated he has been with Hooters since 1987. He stated that 60-70% of their sales is from food and that they do not sell any hard liquor, but sell mostly beer and some wine. Mr. Campbell stated they provide in-house T.I.P.'s training. He noted the emphasis of this establishment is on food and that a liquor code violation would lead to immediate termination. Mr. Campbell stated Hooters has had 1 violation in 10 years in Colorado. Authority member Schmitz made a motion, seconded by Authority member Crowfoot to approve the transfer of ownership of Bamboo Bistro, 2631 South College, from C & S Kingdom, Inc., to Fort Collins Hooters, Inc., and Trade Name Change to Fort Collins Hooters. Yeas: Cooper, Crowfoot, Duffy, and Schmitz. Nays: None. THE MOTION CARRIED. Hearing on a Change of Location for a Retail Liquor License at The Connoisseur from 344 East Foothills Parkway, #23, to 1115 West Prospect Road, Suite 105 Approved Anne Carraturo, owner, was sworn. She described why she is moving her store. Ms. Carraturo stated she is the only employee and that the square footage will be smaller at the new location. Assistant City Attorney Tempel stated Applicant's Exhibit A, identified as petition documents, is admissible into evidence. Bret Mansur, representative for Liquor Petitioning Professionals, was sworn. Mr. Mansur distributed summaries to the Authority. He stated he treated this petition as if it were a new application for a retail liquor store. Mr. Mansur stated the petitions represent 200 (87/6) in favor and 31 (13%) in opposition. He noted this is one of the highest percentages in favor of a retail liquor store he has had. Authority member Crowfoot made a motion, seconded by Authority member Schmitz, to adopt Resolution 99-19, approving the application to change the location of a retail liquor store license at The Connoisseur, from 344 East Foothills Parkway #23, to 1115 West Prospect Road, Suite 105. Yeas: Cooper, Crowfoot, Duffy, and Schmitz. Nays: None. THE MOTION CARRIED. • December 1, 1999 Hearing on a New Application from Fiddlestiks Enterprises, LLC, for a Hotel -Restaurant Liquor License at Fiddlestiks Dessert Cafe and Bakery, 250 East Harmony Road #F2 and F3 Approved David and Gay Daggett, owners, were sworn. Mr. Daggett described the restaurant and that the emphasis is a family type atmosphere. H stated they have approximately 40 seats. Assistant City Attorney Tempel stated the Applicant's Exhibit A, identified as a summary, and Exhibit B, identified as petitions, are admissible into evidence. Mr. Daggett described the petitioning process. He stated business owners and managers in the shopping center were supportive. Mr. Daggett stated the petitions represent 229 signatures in support and 3 signatures in opposition to the issuance of this license. Mr. Daggett described the training he has received and that he is responsible for training the employees. He noted he will be getting a copy of the Liquor Code. Authority member Crowfoot made a motion, seconded by Authority member Schmitz, to adopt Resolution 99-16, approving an application from Fiddlestiks Enterprises, LLC for a hotel -restaurant liquor license at Fiddlestiks Dessert Cafe and Bakery, 250 East Harmony Road #F2 & F3. Yeas: Cooper, Crowfoot, Duffy, and Schmitz. Nays: None. THE MOTION CARRIED. Hearing on a New Application from Back Alley Lounge, LLC, for a Tavern Liquor License at Back Alley, Lounge 1201/2West Laurel Approved and Registration of Ronald Owen Watson as Manager of Back Alley Lounge, 120'/2 West Laurel Street Approved Zach Wilson, attorney representing the applicant, stated the applicant is ready to testify. Assistant City Attorney Greg Tempel described the deficiencies of the application. Mr. Wilson stated they will submit an amended lease to the City Clerk's office to demonstrate they have exclusive control of the first floor. Jason Moffett, applicant, was sworn. Mr. Moffett described the type of establishment Back Alley Lounge will be. He stated they will be monitoring the patio at all times. Mr. Moffett stated he has had December 1, 1999 no experience selling liquor and that he has met with Liquor Enforcement Officer Richard Johnson. He noted they will have light snacks available. In response to questions from the Authority, Mr. Moffett detailed his criminal history. Mr. Moffett stated he believes he is of good moral character. He stated he has the Liquor Code and is familiar with it. Mt. Moffett stated violations of the Liquor Code will not be tolerated and will result in termination. Assistant City Attorney Greg Tempel stated Applicant's Exhibit A, identified as a summary, and Exhibit B, identified as petitions, were admissible into evidence. Mr. Moffett described the petitioning process and indicated the petitions represent 285 signatures in favor and 1 signature in opposition to the issuance of this license. He noted he did speak with neighbors immediately adjacent to Back Alley Lounge. Mr. Wilson submitted letters of reference in support of the applicants and a revised diagram. He requested that the Authority approve this application contingent upon a lease addendum being provided by the applicants to the City Clerk's office. Konstantinos Zahakis, owner, was sworn. Mr. Zahakis stated he has a copy of the Liquor Code and is familiar with it. In response to a question from the Authority, Mr. Zahakis detailed his criminal and employment history. He noted he is T.I.P.'s certified. John Trujillo, owner of Surfside Seven, was sworn. He testified as to the good moral character of Jason Moffett and Konstantinos Zahakis. Chris Gagliardi, attorney, was sworn. He stated he believed Jason Moffett and Konstantinos Zahakis are of good moral character. Authority member Schmitz made a motion, seconded by Authority member Duffy, to adopt Resolution 99-18 approving the application from Back Alley Lounge, LLC, for a tavern liquor store license at Back Alley Lounge, 120 1/2 West Laurel Street. Yeas: Cooper, Crowfoot, Duffy, and Schmitz. Nays: None. THE MOTION CARRIED. Ronald Watson, applicant, stated he will be a full-time manager. Mr. Watson stated he has extensive experience in liquor sales and has had no liquor violations. He noted he is T.I.P.'s certified and has met with Liquor Enforcement Officer Richard Johnson. Mr. Watson detailed his employment and criminal history. He stated he is familiar with the Liquor Code. Authority member Crowfoot made a motion, seconded by Authority member Schmitz, to approve Ronald Owen Watson as manager of the Back Alley Lounge, 1201/2 West Laurel Street. Yeas: Cooper, Crowfoot, Duffy, and Schmitz. Nays: None. THE MOTION CARRIED. December 1, 1999 Hearing on a New Application from Andy Kee, Inc., for a Retail Liquor Store License at Ft. Collins Wine & Spirits, 1426 East Harmony Road, Denied Bob Dill, attorney representing the applicant, stated he has several witnesses to address this application. Larry Gilleland, developer, was sworn. He stated he is part owner of the shopping center where this proposed liquor store will be located. Mr. Gilleland described the development and that it has been designated as a neighborhood retail service center. He stated some of the other tenants are Blockbuster Video, Village Inn, Centennial Bank, and Longs Drug store. He noted that development efforts are along the southeastern corridor due to growth. Mr. Gilleland stated a liquor store would be a key tenant in this development. He noted he is selective as to who they lease space to and that he interviewed several tenants before deciding on Andy Key, Inc. Mr. Gilleland stated there is a need for a liquor store in this area. Rhonda Rodriguez, neighborhood representative, cross-examined Mr. Gilleland. Mr. Gilleland stated this liquor store will not be a discount liquor store. He noted he does not live in Fort Collins. Mr. Gilleland was excused. Assistant City Attorney Greg Tempel stated Applicant's Exhibit A, identified as a summary, and Exhibit B, identified as petitions, are admissible into evidence. Bret Mansur, representative for Liquor Petitioning Professionals, was reminded that he is still under oath. He described the petitioning process and indicated the petitions represent 150 (73%) signatures in favor and 56 (27%) signatures in opposition. He noted this is definitely a positive response in favor of issuing the liquor license. Mr. Mansur detailed which neighborhood his employees canvassed. In response to a question from the Authority, Mr. Mansur described the categories he uses in reporting the outcome of the petitions. Ms. Rodriguez cross-examined Mr. Mansur. Mr. Mansur stated he is paid for his services regardless of the results of the survey. Mr. Mansur was excused. Andy Kee, applicant, was sworn. He stated he is a 2 `' year medical student at Denver University. Mr. Kee stated his father owns a liquor store in southwest Denver and that he has worked for him for several years. He noted he has never had a liquor violation and that he intends to be on premise 2 days a week. Mr. Kee stated he will be responsible for training the employees. He described the type of training he will require employees to receive. Mr. Kee stated that he has hired Douglas Sherwood MacKinlay, Jr., as manager. Mr. Kee was excused. December 1, 1999 Mr. MacKinlay, manager applicant, was sworn. He described the training he has received and indicated he has never had a liquor violation. Mr. MacKinlay was excused. Rhonda Rodriguez, 4215 Creekside Court, was sworn. She noted that she is the representative for the Golden Meadows neighborhood, which is immediately adjacent to this shopping center. She stated several parents from the Golden Meadows neighborhood circulated these petitions. Ms. Rodriguez stated she has a petition with 118 signatures, of which 100 signatures are in opposition to the issuance of this license. She expressed concern of this liquor store's proximity to Kruse Elementary. Ms. Rodriguez stated she is in opposition to the issuance of this liquor license. She stated that this neighborhood feels they are sufficiently served by existing retail liquor store outlets. Ms. Rodriguez requested that this hearing be postponed to allow the Parent Teacher Association from Kruse Elementary to attend and protest issuance of this license. Assistant City Attorney Tempel stated Ms. Rodriguez's petitions were admissible as evidence. Mr. Dill stated he did not object to Ms. Rodriguez's petitions being entered as evidence. In response to a question from the Authority, James L. Lee, leasing agent, stated postponing this application would cause Andy Kee to default on his lease requiring him to obtain a liquor license by December 15, 1999. Mr. Dill stated he has no further evidence. He stated he would object to the continuance of this hearing due to contractual issues. Rhonda Rodriguez stated she is not against development and that the neighborhood's needs are adequately met with current retail liquor store outlets. Authority member Schmitz made a motion to adopt Resolution 99-17 approving the application from Andy Kee, Inc., for a Retail Liquor Store License at Ft. Collins Wine & Spirits, 1426 East Harmony Road. THE MOTION DIED DUE TO LACK OF A SECOND. Authority member Crowfoot made a motion, seconded by Authority member Cooper, to adopt Resolution 99-17 denying the application from Andy Kee, Inc., for a Retail Liquor Store License at Ft. Collins Wine & Spirits, 1426 East Harmony Road, based on the findings that the adult inhabitants of the neighborhood do not desire the issuance of the license, and the reasonable requirements of the neighborhood for the type of license are currently being met by other licenses currently existing in the neighborhood. Yeas: Cooper, Crowfoot, and Duffy. Nays: Schmitz. THE MOTION CARRIED. December 1, 1999 Renewal Hearing for Star Light, 167 North College, License Renewed Scott Leary, owner, was sworn. He stated the sign notifying the public of this hearing has been posted since November 15,1999. Mx. Leary presented petitions from adjacent business owners retracting their original complaints regarding the patio at the Star Light. He stated he has 34 signatures from business owners in support of renewing the liquor license at the Star Light. Mr. Leary noted that the 34 signatures were from businesses within 1 block of the Star Light. He stated he will not open the patio until after 9:00 p.m. in the evening. Ron Vaughn, attorney representing previous owners, stated Mx. Leary is in default of his note and that it is an indication of his character. Art March, attorney representing Scott Leary, stated this is not an appropriate arena to determine a civil matter regarding Mx. Leary's default on his note to the previous owners. Authority member Schmitz made a motion, seconded by Authority member Duffy, to renew the tavern liquor license at the Star Light, 167 North College, with the condition that the patio does not open until 9:00 p.m. Yeas: Cooper, Crowfoot, Duffy, and Schmitz. Nays: None. THE MOTION CARRIED. Adjournment Authority member Crowfoot made a motion, seconded by Authority member Duffy, to adjourn. Yeas: Cooper, Crowfoot, Duffy, and Schmitz. Nays: None. THE MOTION CARRIED. The meeting adjourned at 10:00 p.m. Ch ' exson