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HomeMy WebLinkAboutLiquor Licensing Authority - Minutes - 03/03/1982LIQUOR LICENSING AUTHORITY Regular Meeting - March 3, 1982 7:30 P. M. A regular meeting of the Liquor Licensing Authority was held on Wednesday, March 3, 1982, in the Council Chambers of the City of Fort Collins Muni- cipal Building. Roil call was answered by the following members: Bujack, Long, Oldham, Seegmiller and Wilson. Staff Members Present: Debbie Caster, City Clerk's Office Ken Kirchhoff, Police Department Gregory Denton, City Attorney's Office Minutes of the Regular Meeting of February 3, 1981, Approved as Published Authority member Long made a motion, seconded by Authority member Bujack, to approve the minutes of the regular meeting of February 3, 1982, as published. The motion was put with the following votes: Yeas: Bujack, Long, Oldham and Seegmiller. Abstain: Wilson. Minutes of the Special Meeting of February 8, 1981, Approved as Amended Authority member Wilson amended the first sentence on page 2. Authority member Bujack made a motion, seconded by Authority member Long, to approve the minutes of the special meeting of February 8, 1982, as amended. The Chairman put the motion which was unanimously adopted. Minutes of the Special Meeting of February 22, 1981, Approved as Published Authority member Wilson made a motion, seconded by Authority member Bujack, to approve the minutes of the special meeting of February 22, 1982, as published. The Chairman put the motion to vote with the following votes: Yeas: Bujack, Oldham, Seegmiller, and Wilson. Abstain: Long. -2- March 3, 1982 Renewal Application for Harmony Road Liquors, 115 East Harmony Road Authority member Bujack made a motion, seconded by Authority member Long, to approve the renewal of Harmony Road Liquors, 115 East Harmony Road. ,Transfer of Ownership Approved for The Northern, 172 North College Avenue Mr. Barry Sternberg, 723 West Mountain Avenue, Fort Collins, CO and Mr. W. Charles Wiman, 821 Pondcrosa Drive, Fort Collins, CO, were sworn. Mr. Sternberg spoke briefly of his background. He stated he worked with the government as a Special Agent for the United States Secret Service for approximately 10 years. He stated last year he and his wife moved to Fort Collins. He explained that he discovered that the Northern was closed and looked into opening it. Mr. Sternberg stated he will be on the premises from 9 a. m. to 1 a. m. He added that he feels he is familiar with the liquor laws. Mr. W. Charles Wiman spoke briefly of his background. He stated he has had management experience in both food and beverage. He explained that there have been no major structural changes made to the restaurant. He went on to explain their ID checking policy. Mr. Wiman stated there are doormen who check everyone's ID as they enter the lobby area. He explained that they have an employee manual which covers the liquor laws. Authority member Bujack made a motion, seconded by Authority member Long, to approve the transfer of ownership for The Northern, 172 North College Avenue. Mr. Bill Starke, owner of the Northern Hotel, requested that the license not be transferred without his name being added to the license. Mr. Sternberg and Mr. Wiman stated they had no objection to adding Mr. Starke's name on the license. Assistant City Attorney Greg Denton suggested that the Authority table the matter until the next meeting in order to give the parties involved a chance to get organized. Authority member Bujack withdrew his previous motion and made another motion to table the matter to March 31, 1982. Authority member Long seconded the motion. The Chairman put the motion to vote which was unanimously adopted. 0 • -3- Transfer of Ownership Approved for Ace Liquors, 200 East Mountain March 3, 1982 Secretary's Note: The applicant requested that this item be withdrawn. New Application Accepted for a Hotel -Restaurant License for Eli's Soup and Sausage Kitchen, 148 West Oak Authority member Long,made a motion, seconded by Authority member Bujack, to accept the application and set the preliminary hearing for March 31, 1982, and the final hearing for April 28, 1982. The Chairman put the motion which was unanimously adopted. New Application Accepted for a Hotel -Restaurant License for Gabby's Restaurant & Coffee Shop, 746 North College Avenue. Authority member Long made a motion, seconded by Authority member Bujack, to accept the application and set the preliminary hearing for March 31, 1982, and the final hearing for April 28,1982. The Chairman put the motion which was unanimously adopted. Preliminary Hearing for a Hotel -Restaurant License for Bennigan's, 2203 South College Avenue The boundaries as proposed by the administration were as follows: North from the subject premises to Pitkin. West from the subject premises to Shields. South from the subject premises to West Swallow. East from the subject premises to Lemay Avenue. Mr. Lane Earnest, attorney representing the applicant, stated the bound- aries are 'acceptable. Authority member Bujack made a motion, seconded by Authority member Long, to accept the boundaries as proposed for Bennigan's, 2203 South College Avenue. The Chairman put the motion which was unanimously adopted. -4- March 3, 1982 Preliminary Hearing for a Hotel -Restaurant License for Kelly's Bar, 1801 North College Avenue The boundaries as proposed by the administration were as follows: North from the subject premises to City Limits. West from the subject premises to City Limits and Shields. South from the subject premises to Mountain Avenue and East Lincoln Avenue. - East from the subject premises to City Limits. Mr. Roy Wittstruck, attorney representing the applicant, stated the bound- aries are acceptable. Authority member Long made a motion, seconded by Authority member Bujack, to accept the boundaries as proposed for Kelly's Bar, 1801 North College Avenue. The Chairman put the motion which was unanimously adopted. Final Hearing for a Beer and Wine License for Out to Lunch, 420 South Howes The Resolution outlining the results of the preliminary hearing was read by title only. Authority member Long made a motion, seconded by Authority member Bujack, to adopt the Resolution as presented. The Chairman put the motion which was unanimously adopted. Mr. David May, 1305 Lindenwood Drive, Fort Collins, Colorado, and Mr. Rodney Hawes, 4436 Moccasin Circle, LaPorte, Colorado, were sworn. Mr. May spoke briefly of his background. He stated he has had his own contractor's business for the last 10 years. Mr. May stated approximately 14 months ago he and Rodney Hawes put together the concept of the restau- rant. He added that they designed the restaurant and opened it themselves. Mr. Rodney Howes spoke briefly of his background pertaining to the restau- rant business. He stated he has had extensive background in the design of restaurants and club facilities. Mr. Hawes told the members of the Author- ity that he and his wife own two other retail stores in Fort Collins. Mr. Hawes stated he feels there is a need in the neighborhood area for a lunchtime business. He stated that the restaurant caters to the working person. He explained that several customers have requested that beer and wine be available and Mr. Hawes added that he feels that a beer and wine -5- March 3, 1982 license will complement their menu. He also pointed out that they feel a license is needed to keep up with their competitors in the area. In regard to checking ID's, Mr. Hawes stated that they will serve beer and wine by the glass only. He stated there is one station where you order and wait for your food. He added ID's will be checked at this station. It was pointed out that the owners of Out to Lunch do not want to have a drinking establishment but rather to encourage that drinksbe served with meals only. . Mr. Hawes stated he will be on the premises on a daily basis along with Linda McGregor and Cathy May. It was noted that these three people will be responsible for checking ID's. Mr. Hawes stated all ID's will be checked and then spoke briefly of what typs of ID'S they will accept. Applicant's Exhibits 1 and 2 were submitted and identified as sketches of the exterior portion of the restaurant and sketches of the proposed fence for outdoor dining. The proposed fence is 3 feet in height. The Authority voiced their concern with the height. They stated they would like to see a more closed in fence for control purposes. A floor plan of the interior of the restaurant was reviewed by the Authority. A menu was also submitted to the Authority. Applicant's Exhibit 3 was submitted and identified as petitions circulated on behalf of the license application. It was noted that petitions were signed in the restaurant by both employees and residents of the defined neighborhood area. Also, petitions were submitted which were circulated among the residents and businesses of the defined neighborhood. A total of 571 signatures were obtained in favor of the license application. It was pointed out that Linda McGregor, Cathy May, and Rodney Hawes were the petition passers. Mr. Hawes stated they received an overall favorable response from the people contacted. Cathy May, 1305 Lindenwood Drive, Fort Collins, Colorado was sworn, and stated she circulated petitions among the businesses downtown. She testi- fied that there was an overall good response received from the people contacted. Linda McGregor, 2006 Cheshire, Fort Collins, Colorado, was sworn. She stated she witnessed signatures on the petitions at the restaurant. Ms. McGregor stated very few people (a total of three).did not sign. Authority member Bujack made a motion, seconded by Authority member Long, to grant a Beer and Wine License for the interior premises at Out to Lunch, 420 S. Howes. It was noted that the Authority will consider an expansion of premises for the outdoor dining area at a later date. -6- March 3, 1982 Final Hearing for a Hotel -Restaurant License for Pelican's, 3620 South Mason The Resolution outlining the results of the preliminary hearing was read by title only. Authority member Long made a motion, seconded by Authority member Bujack, to adopt the Resolution as presented. The Chairman put the motion which was unanimously adopted. Mr. Dave Williams, attorney representing the applicant, stated Pelican's International has a chain of restaurants in California, Texas, Oklahoma and New Mexico. He stated their headquarters are located in Texas. Mr. Williams explained that Doug DeMercurio and Pelican's International are each half owners of the Colorado restaurant. Mr. Williams stated they intend to amend the license application to be held in the name of a Colorado corporation rather than Pelican's of Fort Col- lins. He stated, however, that the ownership will remain the same. Assistant City Attorney Greg Denton stated there may be some technical difficulties in changing the name of the applicant by the next hearing scheduled for March 31. If it is not possible, Greg stated the applicant will be required to transfer ownership and pay the necessary fees. Mr. Williams called Mr. Max Scott, who was sworn and stated he is the President of Oedipus, Inc., a surveying firm in Boulder. Applicant's Exhibit 1 was submitted and identified as the report outlining the results of the survey. Applicant's Exhibit 2 was submitted and identified as 5 packets of petitions circulated on behalf of the application. Mr. Scott explained how the survey was conducted and the results. He stated approxi- mately 87% of the people contacted favored the application and felt there is a need in the neighborhood for a license of this type. Mr. Williams called Doug DeMercurio, who was sworn, and stated his address in Santa Barbara, California. Mr. DeMercurio spoke briefly of his back- ground in restaurants. He stated he was a bar manager at Pelican's in Santa Barbara prior to becoming manager of the restaurant. It was noted that Mr. DeMercurio will be the manager of the Fort Collins restaurant. Mr. DeMercurio spoke of his ID checking policy which will require anyone looking under the age of 30 to show a picture ID. He added that he has plans to obtain a Colorado ID guide to have on the premises. Doug stated the hours of operation will be from 11 a.m. to 1 or 2 a.m., 7 days a week. He spoke briefly of the menu which offers steak and seafood. At lunchtime, the restaurant serves sandwiches, quiche, etc. A copy of the floor plan was submitted and reviewed by the Authority. Since the building is not yet constructed, Mr. DeMercurio stated construction is scheduled for com- pletion in May or June of 1982. In closing, Mr. DeMercurio stated his 0 -7- March 3, 1982 family has chosen Fort Collins as an attractive place to live and he desires to open and run a Pelican's restaurant in Colorado. Mr. Robert Walker, 7064 Indian Peaks Trail, Boulder, Colorado, was sworn, and stated he is the owner of Pelican's Fish, 3512 S. Mason. Mr. Walker spoke in opposition to the new restaurant opening under the name of Peli- can's. He pointed out that he feels the duplication of names of the two restaurants on the same street will cause a lot of confusion and hurt his business. He pointed out that he does not oppose the restaurant but the trade name. Mr. Williams stated that the attorney who will act on behalf of the appli- cants on this matter is in Texas. He stated, however, that he feels a mutual agreement can be achieved. Mr. DeMercurio stated that Pelican's will be willing to work something out because they are not interested in putting someone else out of business. Assistant City Attorney Greg Denton suggested that the Authority could: 1) grant the license without restrictions and let both businesses operate under the same names, or 2) grant the license and restrict the applicant from using any name similar to another establishment located in the defined neighborhood. Mr. Williams requested that the license be granted without any restric- ts ons. Objectioner's Exhibit 1 was submitted into evidence and identified as a letter of opposition from Robert and Judy Walker, owners of Pelican Fish. Mr. Max Scott stated that during the petition process his company con- ducted, no comments were received regarding the duplication of names. Assistant City Attorney Greg Denton also suggested that the Authority could table the matter to March 31, the next regularly scheduled meeting, in order to give all parties involved a chance to work out a solution to the trade name of the proposed restaurant. It was noted that the Final Resolu- tion will also be heard at the March 31 meeting. Authority member Bujack made a motion, seconded by Authority member Wilson, to table the matter to March 31, 1982. The motion was put to vote which was unanimously adopted. Police Report Officer Ken Kirchhoff stated there is no police report this month. IN Adjournment March 3, 1982 Authority member Bujack made a motion, seconded by Authority member Long, to adjourn. The Chairman put the motion which was unanimously adopted. The meeting was adjourned at approximately 10:10 p.m.