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HomeMy WebLinkAboutLiquor Licensing Authority - Minutes - 04/22/1998A regular meeting of the Liquor Licensing Authority was held on Wednesday, April 22, 1998, in the Council Chambers of the Fort Collins Municipal Building. The following members were present: Cooper, Davis, Haggerty, Morris, and Schmitz. Authority members absent: Oldham 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. Approval of the minutes from the March 25, 1998 regular meeting_ 2. Authority member Cooper made a motion, seconded by Authority member Haggerty, to adopt and approve the items on the Consent Calendar. Yeas: Cooper, Davis, Haggerty, Morris, and Schmitz. Nays: None. THE MOTION CARRIED. E • April 22, 1998 Hearing on a New Application for a Hotel -Restaurant Liquor License at Lopiano's Catering (Senior Center), 1200 Raintree, Approved Sandy Farnsworth, owner, was sworn. Ms. Farnsworth stated she has her petitions demonstrating needs and desires of the neighborhood. She also stated Lopiano's Catering has been in business for approximately nine years and have been serving alcohol at their restaurant for three years. She stated they have successfully passed compliance checks at the restaurant and has had no liquor violations. Ms. Farnsworth noted she has received training regarding liquor service, and has contacted American Eagle distributors for continued training for herself and staff. She stated she has ordered the liquor code. Steve Budner, program administrator for the Senior Center, was sworn. He stated that Lopiano's would only be serving alcohol indoors, no outdoor service. Assistant City Attorney Greg Tempel stated Applicant's Exhibits A, B, C, and D, identified as petitions, are admissible into evidence. Authority member Cooper made a motion, seconded by Authority member Morris, to adopt Resolution 98-05 approving the application of Lopiano's Catering (Senior Center), 1200 Raintree, for a hotel -restaurant liquor license. Yeas: Cooper, Davis, Haggerty, Morris, and Schmitz. Nays: None. THE MOTION CARRIED. Consideration of an Application from the Downtown Business Association for a Special Events Permit in Old Town Square (Brewfest - Walnut & Linden Streets), Approved Connie Montgomery, event manager, detailed the event and how security will monitor the participants. She stated that all security staff will be hired and that she is working directly with the Police Department to address all concerns. Ms. Montgomery briefly described the area where they will be serving and the training staff will receive. Authority member Haggerty made a motion, seconded by Authority member Cooper, to approve the application from the Downtown Business Association for a Special Events Permit for the Colorado Brewer's Festival on June 27 and 28, 1998 in Old Town Square at Linden and Walnut Streets. Yeas: Cooper, Davis, Haggerty, Morris, and Schmitz. Nays: None. THE MOTION CARRIED. Registration of Logan Phillips as Manager of Horsetooth Liquors, 1015 West Horsetooth Road, #E101 Approved Logan Phillips, manager, stated that nine months ago, while she was manager on duty at The Crown Pub, an employee served an underage person. This resulted in a three-day suspension, 2 • April 22, 1998 one day served with two days held in abeyance for one year. Ms. Phillips stated she has attended Officer Rothschild's liquor training classes. She stated she would contact Officer Rothschild when employees are hired. Authority member Cooper made a motion, seconded by Authority member Morris, to approve Logan Phillips as manager of Horsetooth Liquors, 1015 West Horsetooth Road, #E101. Yeas: Cooper, Davis, Haggerty, Morris, and Schmitz. Nays: None. THE MOTION CARRIED. Registration of Rebecca Bargfeldt as Manager of Rebecca Bargfeldt, manager, stated she has had no liquor violations. She stated a birthdate is required to unlock the cash register when an alcohol beverage is rung up. She also stated this establishment has a copy of the liquor code on premise. Ms. Bargfeldt noted any employees found selling to underage are automatically terminated. Authority member Cooper made a motion, seconded by Authority member Schmitz, to approve Rebecca Bargfeldt as manager of Mini Mart #858, 1801 North College Avenue. Yeas: Cooper, Davis, Haggerty, Morris, and Schmitz. Nays: None. Registration of Todd Kelsey Heenan as Manager of Mulligan's, 2439 South College Avenue, Ap rn oved Todd Kelsey Heenan, manager, stated he was previously the manager at the Fort Collins Gallery (Fort Collins Club) and does not currently have financial interest in any other liquor license. He stated he has had no liquor violations and passed all compliance checks. Mr. Heenan noted it is automatic termination for employees that serve underage patrons. Authority member Haggerty made a motion, seconded by Authority member Cooper, to approve Todd Kelsey Heenan as manager of Mulligan's, 2439 South College Avenue. Yeas: Cooper, Davis, Haggerty, Morris, and Schmitz. Nays: None. THE MOTION CARRIED. Registration of Robert Donald Braddy as Manager of The Crown Pub, 134 South Collie, Approved Robert Donald Braddy, manager, stated he has had no formal training, but has been in restaurant liquor sales for approximately 20 years. He stated the liquor code is maintained on premise. Mr. Braddy detailed the restaurant's policy regarding liquor sales. 3 • • April 22, 1998 Authority member Cooper made a motion, seconded by Authority member Haggerty, to approve Robert Donald Braddy as manager of The Crown Pub, 134 South College. Yeas: Cooper, Davis, Haggerty, Morris, and Schmitz. Nays: None. THE MOTION CARRIED. Registration of Jeannie Lyn Warner -Berg as Manager of Applebee's Neighborhood Grill & Bar. 4306 South College Approved Jeannie Lyn Warner -Berg, manager, detailed the training program all employees are required to complete. She stated she has never had a liquor violation and that she has been the general manager for this establishment since February 12, 1998. Authority member Morris made a motion, seconded by Authority member Schmitz, to approve Jeannie Lyn Warner -Berg as Manager of Applebee's Neighborhood Grill & Bar, 4306 South College. Schmitz, to approve Jeannie Lyn Warner -Berg as Manager of Applebee's Neighborhood Grill & Bar, 4306 South College. Yeas: Cooper, Davis, Haggerty, Morris, and Schmitz. Nays: None. THE MOTION CARRIED. Request from Connie Godinez, dba El Burrito, 404 Linden Street, to Change, Alter, or Modify the Licensed Premises, Approved Connie Godinez, owner, described the proposed changes. She stated the office is not being used as storage for alcohol. Authority member Haggerty made a motion, seconded by Authority member Cooper, to approve the modification of premises for El Burrito, 404 Linden. Yeas: Cooper, Davis, Haggerty, Morris, and Schmitz. Nays: None. THE MOTION CARRIED. Request from Dos Hermonas, Inc., dba La Costa Mexican Restaurant, 2513 South Shields, to Change, Alter, or Modify the Licensed Premises Approved Bob Weaver, representative for Dos Hermonas, Inc., described the proposed changes. Mr. Weaver submitted pictures for the Authority to review. Mr. Weaver amended the diagram for consideration. He stated Dos Hermonas, Inc., has had no violations in any of their restaurants. 4 • • April 22, 1998 Authority member Schmitz made a motion, seconded by Authority member Morris, to approve the modification of premises for La Costa Mexican Restaurant, 2513 South Shields. Yeas: Cooper, Davis, Haggerty, Morris, and Schmitz. Nays: None. THE MOTION CARRIED. Request from Front Range Restaurant Concepts, Inc., dba Austin's American Grill, 100 West Mountain, to Change, Alter. or Modify the Licensed Premises Approved Steve Taylor, owner, stated he has reviewed the proposed changes with Engineering and Landmark Preservation. Mr. Taylor noted the changes will increase available seating by 45 people and that they will be adding four servers to cover the patio. Authority member expressed concern about the patio's proximity to the pedestrian area. Authority member Schmitz made a motion, seconded by Authority member Cooper, to approve the modification of premises for Austin's American Grill, 100 West Mountain. Yeas: Cooper, Davis, Haggerty, Morris, and Schmitz. Nays: None. THE MOTION CARRIED. Request from Joseph Ierisi, dba Joe's Fireside Cafe, 238 South College, to Change, Alter, or Modify the Licensed Premises. Approved Joseph Ierisi, owner, briefly described the proposed changes. He stated he held a beer and wine license for twelve years with patio service and has had no liquor violations. Mr. Ierisi noted he has approval from Engineering. He stated all alcohol service to the patio will be out the front door. Authority member Haggerty made a motion, seconded by Authority member Cooper, to approve the modification of premises for Joe's Fireside Cafe, 238 South College. Yeas: Cooper, Davis, Haggerty, Morris, and Schmitz. Nays: None. THE MOTION CARRIED. 5 • April 22, 1998 Transfer of Ownership of Ruby Tuesday, 110 Boardwalk, Ap rp oved AND Registration of Christopher Heinze as Manager of Ruby Tuesday, 110 Boardwalk, An roved Authority member Davis disclosed he knows the manager, Christopher Heinze, but stated he believes it will not affect his decision in this matter. Mr. Heinze stated there have been no changes in his criminal history. Jon Stonbraker, legal counsel for RT Denver Franchise, L.P., stated a fully executed warranty deed has been transmitted to the City. Mr. Stonbraker detailed the transfer of ownership. Authority member Haggerty made a motion, seconded by Authority member Morris, to approve the transfer of ownership of Ruby Tuesday, 110 Boardwalk, from Ruby Tuesday, Inc., to RT Denver Franchise, L.P. Yeas: Cooper, Davis, Haggerty, Morris, and Schmitz. Nays: None. THE MOTION CARRIED. Authority member Haggerty made a motion, seconded by Authority member Morris, to approve Christopher Heinze as Manager of Ruby Tuesday, 110 Boardwalk. Yeas: Cooper, Davis, Haggerty, Morris, and Schmitz. Nays: None. THE MOTION CARRIED. Consideration of an Application from the Downtown Business Association for a Special Events Permit at the Colorado State University Oval (Taste of Fort Collins), Approved Jay Hardy, Downtown Business Association Executive Director, briefly described the event. He stated this is the second year for this event and that the food vendors and booths will create natural barriers. Two police officers and several volunteers will monitor the perimeter. Mr. Hardy stated they will have activities throughout the Oval. He described the training the volunteers will receive. Authority member Haggerty made a motion, seconded by Authority member Cooper, to approve the application from the Downtown Business Association for a Special Events Permit for the Taste of Fort Collins at the Colorado State University Oval for June 6, 1998. Yeas: Cooper, Davis, Haggerty, Morris, and Schmitz. Nays: None. THE MOTION CARRIED. 0 April 22, 1998 Police Report Eagles Club Sergeant Freismuth briefed the Authority on alleged violations at the Eagles Club, 302 North Meldrum. He requested the Authority schedule a show cause hearing for May 27, 1998. Authority member Cooper made a motion, seconded by Authority member Haggerty, to find that probable cause exists to schedule a show cause hearing on May 27, 1998 for the Eagles Club, 302 North Meldrum, for alleged violations of Sections 12-47-416(1), 12-47-301(b), Colorado Revised Statutes, Regulation 47-304 of the Colorado Liquor Code, and to instruct Deputy City Clerk Jensen to issue necessary subpoenas. Yeas: Cooper, Davis, Haggerty, Morris, and Schmitz. Nays: None. THE MOTION CARRIED. Tangz Sergeant Freismuth briefed the Authority on alleged violations at Tangz, 1220 West Elizabeth. He requested the Authority schedule a show cause hearing for June 24, 1998. Authority member Haggerty made a motion, seconded by Authority member Cooper, to find that probable cause exists to schedule a show cause hearing on June 24, 1998 for Tangz, 1220 West Elizabeth, for alleged violations of Regulation 47-918 of the Colorado Liquor Code and to instruct Deputy City Clerk Jensen to issue necessary subpoenas. Yeas: Cooper, Davis, Haggerty, Morris, and Schmitz. Nays: None. THE MOTION CARRIED. Sergeant Freismuth read a letter of appreciation from Officer Tim Rothschild to the Authority. He stated that during 1997 Fort Collins Police Services presented 17 actions (includes show cause hearings and stipulation agreements) to the Authority. He presented a letter for each Authority member and staff. Authority member Haggerty stated Officer Rothschild has done an exemplary job presenting information to the Authority. Other Business Deputy City Clerk Jensen requested guidance from the Authority regarding wording on the Individual History Record attachment. The Authority requested Deputy City Clerk Jensen to add 'tickets, arrests, convictions and misdemeanor summons' to the Individual History, Record Attachment. The Authority recommended that Sandra Gibson, Fraud Investigator and Officer Tim Rothschild review undisclosed criminal history from applicants for 7 11 • April 22, 1998 presentation to the Authority to determine if probable cause exists to schedule a show cause hearing. Adjournment Authority member Haggerty made a motion, seconded by Authority member Schmitz, to adjourn. Yeas: Cooper, Davis, Haggerty, Morris, and Schmitz. Nays: None. The meeting adjourned at 7:45 p.m.