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HomeMy WebLinkAboutLiquor Licensing Authority - Minutes - 01/27/1999A regular meeting of the Liquor Licensing Authority was held on Wednesday, January 27, 1999, in the Council Chambers of the Fort Collins Municipal Building. The following members were present: Cooper, Crowfoot, Davis, Morris, Oldham, and Schmitz. Absent: Minton. Staff Members Present: Aimee Jensen, City Clerk's Office Greg Tempel, City Attorneys Office Sandra Gibson, 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 the September 24, 1997 October 22 1997 December July 23, 1997, August 27, 1997, October 28, 1998, and December 2, 1998. 2. Approval of the 1998 Annual Report. 3. 4. 5. of Change of a Lone Star Si for Lone Star 100 West Trc of Report of Change of Corporate Structure for Albertson's Inc. dba Albertson's Food Center #876, #862, and #814. 6. Report of Change of Trade Name from Tangz to Club Purgatory. 1220 - C • • January 27, 1999 Authority member Crowfoot made a motion, seconded by Authority member Cooper, to adopt and approve the items on the Consent Calendar. Yeas: Cooper, Crowfoot, Davis, Morris, Oldham, and Schmitz. Nays: None. THE MOTION CARRIED. Registration of Ryan J. Murray as Manager of Pelican Pete's Fish Market & Oyster Bar, 3512 South Mason Street, Approved Ryan Murray, applicant, briefly described his employment history. He stated he attended Colorado State University and received training at Johnson Wells University in liquor service. In response to a question from the Authority, Mr. Murray stated he will be responsible for training the servers. He described the training servers will receive. Mr. Murray stated he will be on premise 50-60 hours per week. He stated his application is complete. Mr. Murray noted that servers are required to I.D. any patron that looks 30 years of age and younger. Authority member Morris made a motion, seconded by Authority member Oldham, to approve Ryan Murray as manager of Pelican Pete's Fish Market & Oyster Bar, 3512 South Mason Street. Yeas: Cooper, Crowfoot, Davis, Morris, Oldham, and Schmitz. Nays: None. THE MOTION CARRIED. Registration of Scott M. Alexander as Manager of Applebee's Neighborhood Grill & Bar, 4306 South Collette Avenue, Approved Scott M. Alexander, manager, described his employment history. He stated Applebee's has an extensive liquor -training program. Mr. Alexander noted he has a liquor code book on premise. He stated liquor sales are 12.5% of total sales. He described how an intoxicated customer would be handled. Authority member Cooper made a motion, seconded by Authority member Schmitz, to approve Scott M. Alexander as manager of Applebee's Neighborhood Grill & Bar, 4306 South College Avenue. Yeas: Cooper, Crowfoot, Davis, Morris, Oldham, and Schmitz. Nays: None. THE MOTION CARRIED. Request from Coyote Sunset, LLC dba Buccaneer's Den, 3307 South College, Suite 106 to Change, Alter, or Modify the Licensed Premises Approved Robert Baker, owner, described the changes. He stated they will be removing a wall and adding archways to improve visibility. Mr. Baker stated they decreasing the square footage of the establishment by 1000 square feet. He stated the seating capacity will not change. • • January 27, 1999 Authority member Schmitz made a motion, seconded by Authority member Morris, to approve the modification of premise at the Buccaneer's Den, 3307 South College, Suite 106. Yeas: Cooper, Crowfoot, Davis, Morris, Oldham, and Schmitz. Nays: None. THE MOTION CARRIED. Request from Terry R. Byers, dba Club Purgatory, 1220 - C West Elizabeth Street, to Change, Alter, or Modify the Licensed Premises Approved Celeste Stauffer, manager, described the modifications. She stated the lounge area will be open only to patrons 21 and older after 9:00 p.m. Ms. Stauffer stated they will not store additional alcohol in the lounge area other than what is being used to serve customers. Authority member Cooper made a motion, seconded by Authority member Crowfoot, to approve the modification of premise at Club Purgatory, 1220 - C West Elizabeth Street. Yeas: Cooper, Crowfoot, Davis, Morris, Oldham, and Schmitz. Nays: None. THE MOTION CARRIED. Transfer of Ownership of Pasta Jays, 11 Old Town Square, Suite 120, from Pasta Jay's Old Town, Inc., to Michael Murray, LLC, and Trade Name Change to San Felipe's Cantina Approved Tom Murray, owner, described San Felipe's Cantina. He stated they serve lunch and dinner, and will occasionally have live music entertainment. Mr. Murray stated he has 24 years experience in liquor sales and that this is their first venture in Colorado. Mr. Murray stated San Felipe's Cantina in Flagstaff has never had a liquor violation. He noted they have scheduled a meeting with Liquor Enforcement Officer Johnson for training. Mr. Murray stated all employees will be required to attend training. He noted they have the Liquor Code on premise. Jim Keller, owner, described his employment history. He stated Mr. Murray and he will run the San Felipe's Cantina in Flagstaff and Francisco Gonzalez and Mike Smuck, owners, will run the Fort Collins establishment. He stated he has not had any liquor violations. Authority member Schmitz made a motion, seconded by Authority member Crowfoot, to approve the transfer of ownership of Pasta Jays, 11 Old Town Square, Suite 120, from Pasta Jay's Old Town, Inc., to Michael Murray, LLC, and Trade Name Change to San Felipe's Cantina. Yeas: Cooper, Crowfoot, Davis, Moms, Oldham, and Schmitz. Nays: None. THE MOTION CARRIED Francisco Gonzalez, owner and manager, stated he has 20 years of experience in liquor sales. He described his employment history. Mr. Gonzalez stated he has not had any liquor violations. He stated they will re-educate an employee that over serves or serves an underage customer. r� L • January 27, 1999 Authority member Schmitz made a motion, seconded by Authority member Oldham, to approve Francisco Gonzalez as manager of San Felipe's Cantina, 11 Old Town Square, Suite 120. Yeas: Cooper, Crowfoot, Davis, Morris, Oldham, and Schmitz. Nays: None. THE MOTION CARRIED. Transfer of Ownership of Casa de los Amigos, 344 East Foothills Parkway, from Casa de los Amigos, Inc., to Jeffrey A. Miller Approved Assistant City Attorney Greg Tempel stated that Mr. Miller, owner, completed his application and that it is now approved as to form. Mr. Miller stated there will be changes in the restaurant. He stated he has been in the liquor business since 1973. Mr. Miller described his employment history and training he has received in liquor sales. He stated he has never had a liquor violation. Mr. Miller described the training employees will receive. He stated he will be emphasizing the identification of fake I.D.'s. Mr. Miller stated he will immediately terminate any employee found serving a minor. He stated he has removed the patio area from the licensed premise, but may add it in the future. Mr. Miller noted he has listed himself as the manager. He stated liquor sales are 7% of total sales. Authority member Morris made a motion, seconded by Authority member Oldham, to approve the transfer of ownership of Casa de los Amigos, 344 East Foothills Parkway, from Casa de los Amigos, Inc., to Jeffrey A. Miller. Yeas: Cooper, Crowfoot, Davis, Moms, Oldham, and Schmitz. Nays: None. THE MOTION CARRIED. Consideration of an Application from the Saint Elizabeth Ann Seton Parish for a Special Events Permit at 5450 South Lemay, Approved Sharon Jansen, business manager, described the event. Authority member Crowfoot stated she knows Ida Girouard, event coordinator, but does not feel it will interfere with her ability to make a decision regarding this application. Ms. Girouard stated she does not have a problem with Authority member Crowfoot participating in the decision. Ms. Jansen stated they have hired Toast of the Town to serve the alcohol. She stated that patrons will purchase drinks from the bar and that it will be the bartenders' responsibility to monitor the patrons. Ms. Girouard stated staff will circulate where patrons will be eating and drinking. Authority member Cooper expressed concern that only two bartenders will be responsible for monitoring 150 patrons. He suggested they receive alcohol awareness training. • • January 27, 1999 Authority member Schnitz made a motion, seconded by Authority member Oldham, to approve the application from the Saint Elizabeth Ann Seton Parish for a Special events Permit at 5450 South Lemay on February 12, 1999 from 5:00 p.m. to 12:30 p.m. Yeas: Cooper, Crowfoot, Davis, Morris, Oldham, and Schmitz. Nays: None. THE MOTION CARRIED. Show Cause Hearing for Riverside Liquors, 315 Riverside, Stipulation Agreement Approved Special Prosecutor Adele Reester, representing the Fort Collins Police Department, stated the licensee and the Police Department have worked out a stipulation agreement. She stated the Authority found probable cause to schedule this show cause hearing at the December 2, 1998 meeting, for alleged violations of the Colorado Liquor Code. Specifically, it is alleged that on or about November 19, 1998, the licensee, its employee or agent, sold, served, gave away, disposed of, exchanged, or delivered, or permitted the sale, serving, giving, or procuring of any alcohol beverage to or for any person under the age of twenty-one years, in violation of Section 12-47-901(1)(a), Colorado Revised Statutes. She outlined the main provisions of the stipulation agreement as follows: (1) License to be actively suspended for eight (8) days to be served from 12:01 a.m., February 10, 1999 to midnight on February 13, 1999, from 12:01 a.m., February 16, 1999 to midnight on February 17, 1999, and from 12:01 a.m., February 23, 1999 to midnight on February 24, 1999, with twenty (20) days to be held in abeyance for one year; (2) that the premise be posted as described in Regulation 47-600.F; (3) that the Licensee, and its personnel, attend a liquor law education class from Police Service or a similar class approved by Police Services. Liquor Enforcement Officer Johnson recommended the Authority accept this Stipulation. He stated he will verify Riverside Liquors has a Liquor Code on premise. The Authority recessed for 5 minutes. Mr. Nerger, owner, was sworn. He stated the employee that sold to an underage, was terminated immediately. He stated all new employees are familiar with the Liquor Code. Authority member Schmitz made a motion, seconded by Authority member Morris, to adopt the findings and order accepting the stipulation agreement. Yeas: Cooper, Crowfoot, Davis, Morris, Oldham, and Schmitz. Nays: None. THE MOTION CARRIED. Show Cause Hearing for Harmony Liquor,115 East Harmony, #100, Violation Found Special Prosecutor Adele Reester, representing the Fort Collins Police Department, stated the licensee has agreed that a violation has occurred, therefore the Authority can consider the penalty. Ms. Reester gave a brief summary of how the compliance check was conducted. • • January 27, 1999 Bong Ok Hwang, owner, was sworn. In response to Assistant City Attorney Greg Tempel's questions, Ms. Hwang stated she knowingly and willingly admits to violating the Liquor Code. In response to questions from the Authority, Ms. Hwang stated she understands there could be a penalty associated with her admission of guilt. Authority member Cooper stated he is acquainted with the underage operative, Jason McNulty, but does not feel it will interfere with his decision in this matter. Authority member Cooper made a motion, seconded by Authority Schmitz, to find that on or about November 19, 1998, Harmony Liquor, 115 East Harmony, #100, was in violation of Section 12-47- 901(i)(a), Colorado Revised Statutes. Yeas: Cooper, Crowfoot, Davis, Morris, Oldham, and Schmitz. Nays: None. Ms. Reester called Liquor Enforcement Officer Johnson to testify. Officer Johnson was sworn. He stated he is a police officer with the Fort Collins Police Department and has been in law enforcement for 11 years. Officer Johnson described his duties and the events surrounding the violation at Harmony Liquor. He reviewed the guidelines set forth by the State with respect to compliance checks. Ms. Reester requested that Exhibits #1 (Liquor compliance check -operative information profile), and #2 (summons for Bong Ok Hwang), be entered into evidence. Ms. Hwang stated she has no objection to Exhibits # 1, #2, being entered into evidence. Officer Johnson testified that he took custody of the alcohol that was purchased and logged it into police evidence per departmental regulations. He described the complaints received on Harmony Liquor that prompted the compliance check. Officer Johnson described the second compliance done December 23, 1998. He stated Ms. Alicia Childress, underage operative for the December 23, 1998 compliance check, informed Officer Johnson that Ms. Hwang nearly sold her alcohol if her son, David Hwang had not intervened. In response to a question from the Authority, Officer Johnson stated some businesses confiscate 10-15 fake ID's in one weekend. Ms. Reester called Officer John Vander Vliet, to testify. Officer Vander Vhet was sworn. He stated he has been with the City of Fort Collins Police Department for 11 years and occasionally assists Officer Johnson with compliance checks. He stated he served as a witness for this particular compliance check. Officer Vander Vliet described what happened at this compliance check. Ms. Hwang did not cross-examine Officer Vander Vliet. Ms. Reester called Jason McNulty, underage operative, to testify. Mr. McNulty stated he was 19 years of age on November 18, 1998 and that he works at Colorado State University. He described the compliance check process. Mr. McNulty stated Ms. Hwang did not ask for his ID. He stated he did not try to influence her to sell alcohol to him. Ms. Reester entered into evidence Exhibit #5, Mr. McNulty's written statement. Ms. Hwang stated she has no objection to Exhibit #5 being entered as evidence. n U • January 27, 1999 Ms. Hwang did not cross-examine Mr. McNulty. Ms. Reester stated she had no further witnesses. Ms. Hwang stated she had no witnesses. Ms. Reester cross-examined Ms. Hwang. Ms. Hwang stated she received a summons and has pleaded guilty. Assistant City Attorney Tempel recommended the Authority allow brief closing arguments prior to determining the penalty, if any, to be imposed. Ms. Reester summarized testimony of witnesses for the prosecution. Ms. Hwang requested she pay a fine in lieu of a suspension. Authority member Cooper made a motion, seconded by Authority member Schmitz, to impose a 10-day suspension, 3 days actively served with 7 days held in abeyance for one year. Yeas: Cooper, Oldham, and Schmitz. Nays: Crowfoot, Davis, and Morris. THE MOTION FAILED. Authority member Morris made a motion, seconded by Authority member Oldham, to impose a 23 day suspension, 3 days to be served actively (2/18/99 — 2/10/99), 20 days to be held in abeyance for one year, meet with Officer Johnson within 60 days, and require the premise be posted. Yeas: Crowfoot, Davis, Morris, Oldham, and Schmitz. Nays: Cooper. Mr. Tempel described the procedures for payment of a fine in lieu of suspension. Authority member Crowfoot made a motion, seconded by Authority member Moms, to allow the defendant to file a temporary stay within 14 days (by 5:00 p.m. February 10, 1999), for the Authority to consider a fine in lieu of suspension at the next regularly scheduled meeting, February 24, 1999. Yeas: Crowfoot, Davis, Morris, and Schmitz. Nays: Cooper and Oldham. THE MOTION CARRIED. Police Report Special Enforcement Officer Johnson briefed the Authority on alleged violations at Roberto's Burritos, 120 'h West Laurel. He requested the Authority schedule a show cause hearing for February 24, 1999. Authority member Morris made a motion, seconded by Authority member Crowfoot, to find that probable cause exists to schedule a show cause hearing on February 24, 1999 for Roberto's Burrito's, 120 lh West Laurel, for alleged violations of Regulation 47-901(A) and Section 12-47- 0 January 27, 1999 901(1)(a), Colorado Revised Statutes and to instruct Deputy City Clerk Jensen to issue necessary subpoenas. Other Business The Authority requested that Deputy City Clerk Jensen compose a letter of appreciation for Sandy Gibson, Fort Collins Police Department Investigator, for her manyyears of service. Adjournment Authority member Crowfoot made a motion, seconded by Authority member Oldham, to adjourn. Yeas: Cooper, Crowfoot, Davis, Morris, Oldham, and Schmitz. Nays: None. THE MOTION CARRIED. The meeting was adjourned at 9:20 p.m. 8