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HomeMy WebLinkAboutLiquor Licensing Authority - Minutes - 05/27/1998• CI Council Liaison: Will Smith 11 Staff Liaison: Aimee Jensen Chairperson: Frank Oldham Phone: 303-271-6800 (w) 970-226-5292 (h) A regular meeting of the Liquor Licensing Authority was held on Wednesday, May 27, 1998, in the Council Chambers of the Fort Collins Municipal Building. The following members were present: Cooper, Davis, Haggerty, Morris, Oldham, Schmitz, and Wawro. Staff Members Present: Aimee Jensen, City Clerk's Office Greg Tempel, City Attorney's 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. Report of Change of Corporate Structure for Mulligan's, Inc., dba Mulligan's, 2439 South College. 2. Report of Change of Trade Name from Payless Drug Store #6172 to Rite Aid #6172, 1103 West Prospect. 3. Report of Change of Trade Name from Carolyn's Cuisine to Cottonwood Club, 6813 South College. 4. Report of Change of Corporate Structure for Toast of the Town. Inc., dba Toast of the Town (Lincoln Center). 417 West Magnolia. • • May 27, 1998 Authority member Cooper made a motion, seconded by Authority member Davis, to adopt and approve the items on the Consent Calendar. Yeas: Cooper, Davis, Haggerty, Morris, Oldham, Schmitz, and Wawro. Nays: None. THE MOTION CARRIED. Registration of Michelle Elizabeth Chaparro as Manager of Spirits Liquor, 2601 South Lemay, #18, Approved Michelle Elizabeth Chaparro, applicant, stated she is TIPS certified and has received training from the owners of the establishment. She detailed her previous employment and training received. Ms. Chaparro stated she will supervise 3-4 people and will be on premise 40-45 hours per week. Authority member Haggerty made a motion, seconded by Authority member Morris, to approve Michelle Elizabeth Chaparro as manager of Spirits Liquor, 2601 South Lemay, #18. Yeas: Cooper, Davis, Haggerty, Morris, Oldham, Schmitz, and Wawro. Nays: None. THE MOTION CARRIED. Registration of Heidi Maria Davis as Manager of Convenience Plus, 1032 West Mountain Avenue The applicant did not appear and the application was postponed to June 24, 1998. Registration of Thomas Daniel Ryan as Manager of Pizza Hut, 1075 Pennock Place, Approved Thomas Daniel Ryan, applicant, stated his application is complete. He indicated there is a liquor code on premise and noted he has been the manager for eight months. He has had no liquor code violations. Mr. Ryan described how a liquor sale is made. Authority member Davis made a motion, seconded by Authority member Wawro, to approve Thomas Daniel Ryan as Manager of Pizza Hut, 1075 Pennock Place. Yeas: Cooper, Davis, Haggerty, Morris, Oldham, Schmitz, and Wawro. Nays: None. THE MOTION CARRIED. Registration of Ralph Nesta as Manager of Albertson's. 1636 North College, Approved Ralph Nesta, applicant, stated his application is complete. Mr. Nesta reviewed Albertson's policy regarding alcohol and tobacco sales. He stated the cashier must manually enter a birthdate if an alcoholic beverage or tobacco product is scanned. Mr. Nesta stated he has had no liquor violations. 2 • • May 27, 1998 Authority member Davis made a motion, seconded by Authority member Schmitz, to approve Ralph Nesta as manager of Albertson's, 1636 North College. Yeas: Cooper, Davis, Haggerty, Morris, Oldham, Schmitz, and Wawro. Nays: None. THE MOTION CARRIED. Request from V Y & N Trading Co., Inc., dba Vincent's Old Town Cigar, 238 Linden to Change, Alter, or Modify the Licensed Premises Approved Vincent Young, owner, explained how the patio and front shop will be supervised by his employees. He stated the patio width had changed from six feet to five feet. Mr. Young altered the diagram to show the change in width. Mr. Young described the fence and service to be provided to the patio. Authority member Cooper expressed concern that one only one employee will be supervising the entire premise. Authority member made a motion, seconded by Authority member Schmitz, to approve the modification of premise for Vincent's Old Town Cigar, 238 Linden. Yeas: Cooper, Davis, Haggerty, Morris, Oldham, Schmitz, and Wawro. Nays: None. THE MOTION CARRIED. Request from Suite 152, Inc., dba Suite 152, 23 Old Town Square, to Change, Alter or Modify the Licensed Premises, Approve David Jones, Errick McAdams, and Gino Campana, owners, described the proposed changes. Mr. Jones stated they will be adding 2543 square feet and will add six staff members to serve in the dining area. Mr. Campana noted there was a change on the diagram submitted to Deputy City Clerk Jensen. Mr. Campana amended the diagram. Authority member Cooper made a motion, seconded by Authority member Schmitz, to approve the modification of premise for Suite 152, 23 Old Town Square. Yeas: Cooper, Davis, Haggerty, Morris, Oldham, Schmitz, and Wawro. Nays: None. THE MOTION CARRIED. 3 • May 27, 1998 Show Cause Hearing for Winner's Circle Pub & Grill 829 South Shields, Stipulation Agreement Approved Special Prosecutor Caroline Blackwell stated the licensee, David Karst, President of Winner's Circle Pub & Grill, Inc., and the Fort Collins Police Department have worked out a stipulation agreement. Ms. Blackwell stated Mr. Karst is willing to surrender the hotel - restaurant liquor license for Winner's Circle Pub & Grill, 829 South Shields. Authority member Cooper made a motion, seconded by Authority member Haggerty, to adopt the findings, conclusion, and order accepting the stipulation agreement as presented. Yeas: Cooper, Davis, Haggerty, Morris, Oldham, Schmitz, and Wawro. Nays: None. THE MOTION CARRIED. Show Cause Hearing for Fraternal Order of Eagles Aerie #4021, 302 North Meldrum, Stipulation Agreement Approved Special Prosecutor Caroline Blackwell stated the licensee, Lawrence Fresques, representing the Fraternal Order of Eagles Aerie #4021, and the Fort Collins Police Department have worked out a stipulation agreement. Ms. Blackwell stated the Licensee agrees to a suspension beginning at 2:00 a.m. on June 10, 1998 and continuing until 2:00 a.m., on July 23, 1998. In addition, the Licensee agrees to return to the July 22, 1998 Liquor Licensing meeting to demonstrate to the satisfaction of the Authority the following: (a) Who the Licensee's officers, directors and trustees are: and (b) That the Licensee has adequate procedures in place for the identification of club members and the exclusion of non-members; and (c) That the Licensee has adequate procedures in place for the serving of alcoholic beverage to members and their guests in conformance with the Colorado Liquor Code; and (d) That the Licensee has taken steps to provide for stability in its corporate structure, and that the Licensee can adequately maintain its records pertaining thereto. Ms. Blackwell also explained that if the Licensee does not meet the above requirements, that the suspension would continue until they adequately demonstrate they have met the requirements. The agreement also states 45 days will be held in abeyance for two years and the Licensee will purchase and maintain a liquor code book on premise. Mr. Fresques stated he will file all the Individual History Records for all officers, directors, trustees and manager by May 28, 1998 at 5:00 p.m. and submit all the fingerprint cards by June 3, 1998 at 5:00 p.m., otherwise the suspension would begin immediately. 4 • • May 27, 1998 Mr. James Burrill, property owner of 303, 305, and 315 North Meldrum, was sworn. He stated the Eagles Club continues to demonstrate irresponsible behavior and gross disregard for city ordinances. Authority member Cooper strongly recommended the Eagles meet with Mr. Burrill to resolve these problems. Authority member Cooper made a motion, seconded by Authority member Wawro, to adopt the findings, conclusion and order accepting the stipulation agreement as presented. Yeas: Cooper, Davis, Haggerty, Morris, Oldham, Schmitz, and Wawro. Nays: None. THE MOTION CARRIED Hearing on a New Application for a 3.2% Beer License - Off Premise at King Soopers #73, 4503 John F. Kennedy Parkway, Approved Mr. Dill, attorney representing King Soopers, introduced Barbara Osness, King Soopers representative. Ms. Osness was sworn. Ms. Osness stated the new store will be 70,000 square feet, open 24 hours a day, and will be hiring 250-300 employees. She explained that whenever a fermented drink is scanned, the cash register requires a birthdate to be entered. Ms. Osness stated that the first offense for an employee selling to an underage individual is a five-day suspension and noted that liquor sales are less than 1% of all sales. In response to a question from the Authority, Ms. Osness stated they will be appointing a manager one month prior to opening of the store. The anticipated opening date is September 23, 1998. John Thompson, 4143 Tanager Street, was sworn. He stated he lives within the neighborhood boundaries. Mr. Thompson stated he is in favor of King Soopers receiving a 3.2% beer license for convenience of shopping. Scott Lee Newbold, 4124 Tanager Street, was sworn. He stated he lives within the neighborhood boundaries. Mr. Newbold stated it is a convenience also. Jason Trujillo, 431 Troutman Parkway, was sworn. He stated he lives within the neighborhood boundaries. Mr. Trujillo also agreed it is convenient for his shopping needs. Assistant City Attorney Greg Tempel stated Applicant's Exhibit A, B, C, and D, identified as petitions, are admissible into evidence. Brenda Rowe, representative for Oedipus, Inc., was sworn. She described the petitioning process and indicated that the petitions represent 341 (87%) signatures in favor and 77 (13%) in opposition. She stated this is an above -normal survey for 3.2% beer license. 5 • • May 27, 1998 In response to a question from the Authority, Mr. Dill stated King Soopers will submit a manager application by August, 1998. Authority member Haggerty made a motion, seconded by Authority member Schmitz to adopt Resolution 98-07 approving the application of Dillon Companies, Inc. for King Soopers #73, 4503 John F. Kennedy Parkway. Yeas: Cooper, Davis, Haggerty, Morris, Oldham, Schmitz, and Wawro. Nays: None. THE MOTION CARRIED. Hearing on a New Application for a Hotel -Restaurant Liquor License at Hibachi Japanese Steak House, 1051 West Horsetooth Road, Approved Peter Yeung and Hein Trieu, owners, were sworn. Mr. Trieu stated he will be moving to Fort Collins and will be managing this establishment. He also noted he has been in the restaurant business for many years without a liquor violation. Mr. Yeung stated he has a similar type restaurant in West Virginia for seven years and has had no liquor violations. Mr. Yeung and Mr. Trieu described the layout of the restaurant. They will employee 20-22 employees. Assistant City Attorney Greg Tempel stated Applicant's Exhibit A, identified as a petition, is admissible into evidence. Bret Mansur, Liquor Petitioning Professionals, was sworn. Mr. Mansur described the petitioning process and indicated that 207 (92%) signatures in favor and 19 (80/6) signatures in opposition. He stated this is an excellent survey for a restaurant. Authority member Haggerty made a motion, seconded by Authority member Davis, to adopt Resolution 98-06 approving the application of Hibachi Japanese Steak House of Fort Collins, Inc., for a hotel -restaurant liquor license at Hibachi Japanese Steak House, 1051 West Horsetooth Road. Yeas: Cooper, Davis, Haggerty, Morris, Oldham, Schmitz, and Wawro. Nays: None. THE MOTION CARRIED. El • May 27, 1998 Police Report Elliot's Martini Bar Officer Rothschild briefed the Authority on alleged violations at Elliots, 234 Linden. He requested the Authority schedule a show cause hearing for June 24, 1998. Authority member Haggerty made a motion, seconded by Authority member Davis, to find that probable cause exists to schedule a show cause hearing on June 24, 1998 for Elliot's Martini Bar, 234 Linden, for alleged violation of Section 12-47-901(1)(a), Colorado Revised Statutes, and to instruct Deputy City Clerk Jensen to issue necessary subpoenas. Yeas: Cooper, Davis, Haggerty, Morris, Oldham, Schmitz, and Wawro. Nays: None. THE MOTION CARRIED. Other Business Authority member Cooper reported he had witnessed a potential violation that was quickly remedied by prompt action from the waitress and manager. He requested staff draft a letter of commendation to the owners of Mulligan's. Adjournment Authority member Haggerty made a motion, seconded by Authority member Davis, to adjourn. Yeas: Cooper, Davis, Haggerty, Morris, Oldham, Schmitz, and Wawro. Nays: None. The meeting adjourned at 8:15 p.m. 7