HomeMy WebLinkAboutLiquor Licensing Authority - Minutes - 01/28/199811
Council Liaison: Will Smith I Staff Liaison: Aimee Jensen
Chairperson: Frank Oldham Phone: 303-271-6800 (w) 226-5292 (h)
A regular meeting of the Liquor Licensing Authority was held on Wednesday, January
28, 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.
Approval of the 1997 Annual Report.
All of the City's boards and commissions, including the Liquor/Massage
Licensing Authority, are required by City Code to prepare an annual report to
the City Council on or before January 31 of each year for the previous calendar
year. Staff has prepared detailed and summary reports of 1997 activities of the
Authority.
2. Report of Change of Corporate Structure for ShowBiz Pizza Time, Inc., dba
Chuck E. Cheese's. 105 West Prospect.
3. Report of Change of Corporate Structure for Longs Drug Stores California,
Inc., dba Longs Drug Store, 743 South Lemay.
•
• January 28, 1998
4. Report of Change of Corporate Structure for Metro Oil, Inc., dba Total #'s
2369 2448 2452 2487, 2622, and 2623 (all locations within City limitsl.
Report of Change of Corporate Structure for Brinker Restaurant Corporation,
Inc dba Chili's Hamburger Grill & Bar, 3524 South College Avenue.
6. Report of Change of Corporate Structure and Change in Corporate Name from
SIK Acquisition to Caring's Italian Kitchen. Inc., dba Johnny Caring's Italian
Kitchen, 4235 South College.
7. Report of Change of Corporate Structure for Albertson's, Inc., dba Albertson's
Food Center, 1636 North College, 3660 South Mason, and 731 South Lemay.
8. Report of Change of Corporate Structure for Fraternal Order of Eagles Aerie
4021, dba Eagles Club #4021, 302 North Meldrum.
9. Registration of Douglas Edward DeMercurio (owner) as Manager of Nate's of
Fort Collins. 3620 South Mason Street.
Authority member Davis made a motion, seconded by Authority member Cooper, to
adopt and approve all items on the Consent Calendar. Yeas: Cooper, Davis, Haggerty,
Morris, Oldham, Schmitz, and Wawro. Nays: None.
THE MOTION CARRIED.
Registration of Mary Moana Abney
as Manager of 7-11 Store #20104
430 Remington, Approved
Mary Moana Abney, manager, responded to questions from the Authority regarding
her employment history. Ms. Abney stated she had started working for 7-11 May 1996
and became a manager in 1997. Ms. Abney stated the extent of her experience selling
liquor has been only at 7-11. Authority member Cooper encouraged Ms. Abney to
acquire the liquor code for her store and become familiar with the liquor laws. Ms.
Abney stated the final disposition of her arrest for DWAI was that she met all the
court requirements.
Authority member Haggerty made a motion, seconded by Authority member Davis,
to approve Mary Moana Abney as manager of 7-11 Store #20104, 430 Remington.
Yeas: Cooper, Davis, Haggerty, Morris, Oldham, Schmitz, and Wawro. Nays: None.
THE MOTION CARRIED.
• • January 28, 1998
Registration of Sheila Elaine Carr
as Manager of Safeway Store 46,
1426 East Harmony Road, Approved
Sheila Elaine Carr briefly described her employment history with Safeway. Ms. Carr
stated there were two violations (serving a minor) at the Longmont Safeway while she
was the manager. She stated Safeway changed all the registers to lock -up when liquor
is sold, requiring the clerk to check identification. She further stated there have been
no violations since changes to the registers had been made. In response to questions
from the Authority, Ms. Carr stated she does have a copy of the liquor code on
premise.
Authority member Cooper made a motion, seconded by Authority member Haggerty,
to approve Sheila Elaine Carr as manager of Safeway Store 46, 1426 East Harmony
Road. Yeas: Cooper, Davis, Haggerty, Morris, Oldham, Schmitz, and Wawro. Nays:
None.
THE MOTION CARRIED.
Registration of John David Collier
as Manager of Sullivan's Sports Tavern,
820 City Park Avenue, Approved
John David Collier responded to questions from the Authority regarding his training
in liquor sales. Mr. Collier stated that all employees at Sullivan's are T.I.P.s certified
and that he supervises 20-25 people. Mr. Collier spoke briefly of his criminal history.
Mr. Collier stated he has been the manager at Sullivan's since April 1997.
Authority member Davis made a motion, seconded by Authority member Schmitz, to
approve John David Collier as manager of Sullivan's Sports Tavern, 820 City Park
Avenue. Yeas: Cooper, Davis, Haggerty, Morris, Oldham, Schmitz, and Wawro.
Nays: None.
THE MOTION CARRIED.
of William H. Mahaffey as Manager of
William H. Mahaffey stated he is T.I.P.s certified. Mr. Mahaffey briefly reviewed his
employment and criminal history. Mr. Mahaffey stated he has had no liquor
violations and has a copy of the liquor code on premise.
Authority member Haggerty made a motion, seconded by Authority member Davis,
to approve William H. Mahaffey as manager of Woody's Wood -Fired Pizza, 518 West
Laurel. Yeas: Davis, Haggerty, Morris, Oldham, Schmitz, and Wawro. Nays: Cooper.
THE MOTION CARRIED.
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• January 28, 1998
Registration of William Francis Cassidy as Manager of
Chesterfield, Bottomsly & Potts
1415 Elizabeth Street. Approved
William Francis Cassidy stated his Individual History Record is incomplete. Mr.
Cassidy provided the necessary information to the Authority. Mr. Cassidy stated he
has never had a liquor violation and does have a copy of the liquor code on premise.
He reviewed his training and stated that he has been through the T.I.P.s program. Mr.
Cassidy stated he has been a manager in training since October and that the former
manager left Chesterfield, Bottomsly & Potts in September 1997.
Authority member Davis made a motion, seconded by Authority member Wawro, to
approve William Francis Cassidy as manager of Chesterfield, Bottomsly & Potts, 1415
Elizabeth Street. Yeas: Cooper, Davis, Haggerty, Morris, Oldham, Schmitz, and
Wawro. Nays: None.
THE MOTION CARRIED.
Consideration of an Application from the
Foothills Rotary Charitable Foundation for a Special Events Permit
at the City of Fort Collins Senior Center, Approved
Donna Burrill, Foothills Rotary Charitable Foundation president, and Barbara
Schoenberger, Recreation Supervisor with the City of Fort Collins, detailed the event.
City Attorney Tempel stated the application is incomplete, requiring a Certificate of
Good Standing dated within the last two years. Ms. Schoenberger stated all alcohol
will be off the premises by 2:00 a.m. She detailed the process they will be using to
make sure no underage drinking occurs and that they have been doing this event for
seven years with no problems. Ms. Schoenberger stated they will have 150-200
volunteers throughout the building monitoring the event. Ms. Burrill stated she would
fax the Certificate of Good Standing within five to ten working days and provide
Deputy City Clerk Jensen with a certificate of insurance by February 10.
Authority member Haggerty made a motion, seconded by Authority member Davis,
to approve the application from the Foothills Rotary Charitable Foundation for a
Special Events Permit for the Mardi Gras celebration on February 21, 1998 at the Fort
Collins Senior Center. Yeas: Cooper, Davis, Haggerty, Morris, Oldham, Schmitz, and
Wawro. Nays: None.
THE MOTION CARRIED.
• January 28, 1998
Request from CooperSmith Brewing Company
dba CooperSmith's Pub and Brewing, to
Change Alter, or Modify the Licensed Premises. Approved
Scott Smith, president of CooperSmith's Brewing Company, explained the proposed
changes. Mr. Smith stated the current diagram does not show the expanded door
openings into the addition. He stated he would provide Deputy City Clerk Jensen
with a new diagram showing the expanded doors openings with the addition. This
modification will add 1900 square feet to the establishment. Mr. Smith assured the
Authority that the current tenant will vacate the premises by February 28.
Authority member Davis made a motion, seconded by Authority member Morris, to
approve the modification of premises for CooperSmith's Pub and Brewing, #5 Old
Town Square. Yeas: Cooper, Davis, Haggerty, Morris, Oldham, Schmitz, and Wawro.
Nays: None.
THE MOTION CARRIED.
Transfer of Ownership of Harmony Discount Liquor,
115 East Harmony Road #100, Approved
Jason Park, representing the applicant, stated Bong Ok Hwang has reviewed the
Colorado State Liquor Code publication.
Ms. Hwang stated there are no changes or modifications to be made to her application.
She stated she has had no experience in selling liquor and will be on site every day to
manage the store. Ms. Hwang stated she understands that she needs to be familiar with
all the laws involved with holding a liquor license and that she will be held responsible
for consequences resulting from any violation. Authority member Cooper encouraged
Ms. Hwang to obtain training.
Authority member Wawro made a motion, seconded by Authority member Davis, to
approve the transfer of ownership of Harmony Discount Liquor, 115 East Harmony
Road #100, from Hun I. Park to Bong Ok Hwang. Yeas: Cooper, Davis, Haggerty,
Morris, Oldham, Schmitz, and Wawro. Nays: None.
THE MOTION CARRIED.
Other Business
Discussion ensued regarding the failure of Sullivan's and Chesterfield, Bottomsly &
Potts to notify the Authority of a change in manager.
Authority member Haggerty made a motion, seconded by Authority member Davis,
to find that probable cause exists pursuant 12-47-601(1), to schedule a show cause
40 OL January 28, 1998
hearing for Sullivan's, 820 City Park Avenue, and Chesterfield, Bottomsly & Potts,
1415 West Elizabeth Street, for violation of 12-47-411(10), failure to register or notify
of a change in manager within required time period.
Authority member Cooper stated this is an ongoing problem and suggested the
Authority put liquor licensees "on notice" that enforcement action will be taken for
future violations. Authority member Wawro suggested the Authority direct staff to
draft a letter to all liquor licensees regarding failures to register or notify of manager
changes.
Discussion followed with respect to enforcement and possible penalties.
Authority members Haggerty and Davis withdrew their motion to find probable cause
exists to schedule a show cause hearing for Sullivan's and Chesterfield, Bottomsly &
Potts.
The Authority directed staff to compose two letters. The first letter would notify all
liquor licensees that enforcement would be taken against establishments that do not
comply with manager registration deadlines. If manager registration deadlines are
violated, action will consist of the manager registration application being tabled for
consideration at the next regularly scheduled Liquor Licensing Authority meeting,
requiring attendance of the applicant and the licensee, or the scheduling of a show
cause hearing. The second letter is to be directed to Sullivan's and Chesterfield,
Bottomsly & Potts regarding their failure to report manager changes in a timely
manner.
Adjournment
Authority member Morris made a motion, seconded by Authority member Haggerty,
to adjourn. Yeas: Cooper, Davis, Haggerty, Morris, Oldham, Schmitz, and Wawro.
Nays: None.
The meeting was adjourned at 8:00 p.m.
/aChairperson
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