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HomeMy WebLinkAboutLiquor Licensing Authority - Minutes - 09/28/19940 11 Council Liaison: Will Smith ] Staff Liaison: Rita Knoll Harris I A regular meeting of the Liquor Licensing Authority was held on Wednesday, September 28, 1994, in the Council Chambers of the Fort Collins Municipal Building. The following members were present: Crowfoot, Haggerty, Norton, Poncelow, Schroeer, and Wawro. Staff Members Present: Rita Knoll Harris, City Clerk's Office Marty Heffernan, City Attorney's Office Joel Tower, 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. 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 of the regular meeting of August 24, 1994. Request from Viento. Inc. to Change the Trade Name of Gene's Tavern, 200 Walnut. to Vientos. This is a request from Viento, Inc., the tavern licensee for Gene's Tavern, 200 Walnut, to change the trade name of the establishment to Vientos. Transfer of Ownership of Nimo's Sushi and Japanese Restaurant, 1220 West Elizabeth. This is a request to transfer the ownership of Nimo's Sushi and Japanese Restaurant, 1220 West Elizabeth, from Hiroshi Nimota to Nimo's, Inc. Hiroshi Nimota was originally granted a license for this establishment in August 1992. Mr. Nimota has recently incorporated and is required to transfer the ownership of his liquor license to the corporation. No new individuals are reflected in this application. • September 28, 1994 4. This is a request to transfer the ownership of Chili's Hamburger Grill and Bar, 3524 South College, from Chili's of Colorado, Inc. to Brinker Restaurant Corporation. Brinker International, Inc., the parent corporation of Brinker Restaurant Corporation and Chili's of Colorado, Inc., has reorganized, resulting in Brinker Restaurant Corporation becoming the licensee for this location. The registered manager of the establishment, Vincent Verbel, will continue as manager after the change of ownership. A manager registration application is included as a part of this packet to satisfy the State's requirements. Authority member Schroeer made a motion, seconded by Authority member Norton, tc adopt and approve all items on the Consent Calendar. Yeas: Crowfoot, Haggerty, Norton, Poncelow, Schroeer, and Wawro. Nays: None. THE MOTION CARRIED. Registration of Mark Sluss as Manager of CooperSmith's Pub and Brewing. #5 Old Town Square, Approved Mark Sluss, manager, spoke of his prior experience with the sale and service of alcohol, and noted that he has been in the restaurant business for 17 years. He indicated he has never been involved in a liquor violation. He stated there will be no changes in the business and stated he has been responsible for training the employees for several years. Authority member Crowfoot made a motion, seconded by Authority member Cooper, to approve Mark Sluss as manager of CooperSmith's Pub and Brewing, #5 Old Town Square. Yeas: Crowfoot, Haggerty, Norton, Poncelow, Schroeer, and Wawro. Nays: None. THE MOTION CARRIED. Report of Change of Manager for The Town Pump, 124 North College, Approved John Shireman, manager, stated he has been and will continue to be responsible for training the staff and described the training program. He stated there were no violations at Washington's or the Town Pump during his previous employment. He stated there are no changes planned for the establishment and noted that as he began to assume more manager responsibilities, they made several changes in the types of alcohol offered and eliminated the sale of pitchers. Authority member Poncelow made a motion, seconded by approve John Shireman as manager of the Town Pump Crowfoot, Haggerty, Norton, Poncelow, Schroeer, and THE MOTION CARRIED. Authority member Norton, to 124 North College. Yeas: Wawro. Nays: None. -2- • September 28, 1994 Transfer of Ownership of Cuisine Cuisine, 130 South Mason. Approved Philip Trapp, new owner, stated Regina Trapp does not hold any security interest in the business. He responded to questions regarding his driving record and stated the treatment program he attended was very helpful. Mr. Trapp spoke of his prior experience as a head chef, and noted he did not have experience with the sale of alcohol. He noted that Cuisine Cuisine does not have a bar (lounge) area and stated alcohol is served only with meals. He stated the majority of sales are wine. Mr. Trapp stated he will be in charge of training employees, and mentioned that he is keeping the existing experienced staff. Liquor Licensing Specialist Rita Harris advised the Authority that Mr. Trapp has been operating the establishment under a temporary permit since September 12. Authority member Schroeer made a motion, seconded by Authority member Crowfoot, to approve the transfer of ownership of Cuisine Cuisine, 130 South Mason, from Machin Investments, Inc to Philip Trapp. Yeas: Crowfoot, Haggerty, Norton, Poncelow, Schroeer, and Wawro. Nays: None. THE MOTION CARRIED. Hearing on a Change of Class of License for Janette's Pharmacy and Liquor, 1624 South Lemay Avenue, and Trade Name Change to Park Central Liquor, Approved Liquor Licensing Specialist Rita Harris advised the Authority that at the last meeting the Authority decided to waive the requirement for the applicant to establish the desires of the neighborhood in exchange for the premises being posted for a minimum of 30 days. Assistant City Attorney Marty Heffernan noted that although evidence relating to the desires of the neighborhood has been waived, the reasonable requirements of the neighborhood and other relevant factors can be taken into consideration. Shawki Ibrahim, vice-president of Janette's Pharmacy, Inc., was sworn. He stated he and his wife are the original owners of the establishment and noted they have been open for approximately 12 years. Mr. Ibrahim provided a brief history of the establishment, noting the business originally started as a pharmacy only. He stated there was a liquor store in the shopping center that went out of business, and the idea of acquiring a license to allow them to sell alcohol in addition to pharmaceuticals was appealing. He stated they have been operating as a combined liquor store and pharmacy for approximately 8 years. Mr. Ibrahim stated it has become increasingly difficult to maintain the pharmacy portion of the business, noting that the pharmacy continues to lose money. He noted arrangements have been made to transfer the pharmacy merchandise to another drugstore should the application for a retail liquor store license be approved. In response to a question from the Authority, Mr. Ibrahim estimated that liquor sales currently generate 90% of the revenue. He stated there have never been any liquor violations at the store. He stated 6 people made comments as a result of the posting of the premises. He noted 3 individuals commented that they thought the combination of liquor store and pharmacy was odd to begin with, and 3 -3- • • September 28, 1994 individuals indicated they would be sad to see the pharmacy part close. He indicated that there will be no major changes to the operation of the establishment immediately other than to move the drugstore merchandise out. Authority member Haggerty made a motion, seconded by Authority member Crowfoot, to adopt Resolution 94-06 approving the application of Janette's Pharmacy, Inc. for a retail liquor store license at 1624 South Lemay, and trade name change to Park Central Liquor. Yeas: Crowfoot, Haggerty, Norton, Poncelow, Schroeer, and Wawro. Nays: None. THE MOTION CARRIED. Hearing on a New Application for a Hotel -Restaurant License at Outback Steakhouse, Lot 1. Harmony Market P.U.D.. Sth Filing. Aooroved Tom Flanagan, president of Flanagan Associates which is one of the partners in the joint venture, was sworn. He stated he has been in the restaurant business for over 20 years and listed his employment history. He noted that he formed his own company 1.5 years ago and stated he will be doing business in Colorado as The Outback Steakhouse. He approached the Authority with pictures and menus, marked respectively as Applicant's Exhibits D and E, from other Outback Steakhouse restaurants in Colorado. Mr. Flanagan described the Outback Steakhouse concept, noting it features an Australian theme. He stated the Fort Collins store will be the 4th in Colorado when it opens in February or March of 1995. He noted that the establishment will be open only for dinner and estimated alcohol sales to be 15-17%. He stated there will be no late -night entertainment or happy hours. Mr. Flanagan described the training program for employees and indicated they do take advantage of TIPS training. Nell Swiers, Market Service Associates, was sworn. She stated she submitted petitions to the Assistant City Attorney for his review. Assistant City Attorney Heffernan stated Applicant's Exhibit A, identified as a summary report, and Applicant's Exhibits B and C, identified as petitions, are admissible into evidence. Ms. Swiers stated the report contains a description of the petitioning method, and a breakdown of the results. She indicated that 217 individuals (81%) signed in support of the application, and 51 individuals (19%) signed in opposition. She indicated 81% support is above -average. Robert Walton, manager, was sworn. He described his background in the restaurant business for the past 22 years. He stated he intends to move to Fort Collins. In response to questions from the Authority, Mr. Walton stated he has never been involved in a liquor violation. He addressed his DUI conviction. Authority member Schroeer made a motion, seconded by Authority member Norton, to adopt Resolution 94-07 approving the application of Outback/Denver Joint Venture for a hotel -restaurant license at Outback Steakhouse, Lot 1, Harmony Market P.U.D., 8th Filing. Yeas: Crowfoot, Haggerty, Norton, Poncelow, Schroeer, and Wawro. Nays: None. -4- • September 28, 1994 THE MOTION CARRIED. Authority member Norton made a motion, seconded by Authority member Haggerty, to approve Robert Walton as manager of Outback Steakhouse, Lot 1, Harmony Market P.U.D., 8th Filing. Yeas: Crowfoot, Haggerty, Norton, Poncelow, Schroeer, and Wawro. Nays: None. THE MOTION CARRIED. Show Cause Hearing for Old Town Ale House, 25 Old Town Square Police Officer Ernie Tellez stated the alleged violation occurred on August 3, 1994 at 2:04 a.m. He stated he does not believe it was an intentional violation, but rather an oversight of the employee on duty. He stated he and the manager of the establishment, David Slocum, worked out a stipulation agreement which requires the employees to attend a liquor law education class. He stated Mr. Slocum's attitude was very positive in working with the Police Department and noted Mr. Slocum did not try to offer any excuses for the violation. (Secretary's Note: The stipulation also provides that the license will be suspended for 2 days, to be held in abeyance for 1 year, that a letter of reprimand be issued to the licensee and placed in the file, and that the licensee will maintain on the premises a copy of the Colorado Liquor and Beer Code book.) David Slocum, manager, stated the bartender told him that he had collected all of the drinks from the tables before 2:00 a.m. and set them on the bar in front of the glass washer. The bartender told him that there was a girl sitting at the bar waiting for a ride home and she reached over and grabbed a 1/4 to 1/2 full glass of beer that hadn't been dumped yet and took a drink. He stated that is apparently what Officer Tellez observed. Mr. Slocum stated he has no reason to doubt the bartender's story. He indicated he has had a meeting with employees to stress the importance of having all of the glasses and bottles emptied before 2:00 a.m. Authority member Schroeer stated he appreciates stipulation agreements. He stated he finds it hard to support a stipulation agreement that does not include a fine or active suspension. In response to a question from the Authority, Ms. Harris stated Keith Entertainment, Inc. was granted this license on April 27, 1994 and noted there have been no violations at the establishment since that date. Authority member Norton made a motion, seconded by Authority member Crowfoot, to accept the stipulation agreement as presented by Officer Tellez. Authority member Norton agreed with Authority member Schroeer, but stated she would not go so far as to change this stipulation agreement. She stated Officer Tellez has noted that there was an valid attempt by the establishment to comply with the laws. -5- • • September 28, 1994 Authority member Poncelow expressed appreciation for the Police Department discovering a violation outside of the normal compliance check process. The vote on Authority member Norton's motion to accept the stipulation agreement as presented was as follows: Yeas: Crowfoot, Haggerty, Norton, Poncelow, Schroeer, and Wawro. Nays: None. THE MOTION CARRIED. Resolution 94-08 Concerning Bed and Breakfast Permits. Adopted Authority member Crowfoot made a motion, seconded by Authority member Norton, to adopt Resolution 94-08 concerning bed and breakfast permits. Yeas: Crowfoot, Haggerty, Norton, Poncelow, Schroeer, and Wawro. Nays: None. THE MOTION CARRIED. Police Report Smilino Moose Police Officer Joel Tower briefed the Authority on an alleged violation at the Smiling Moose, 518 West Laurel, on September 1, 1994 for sale to a person under the age of 21 years. He noted this was the second compliance check at the establishment within approximately 3 weeks. Authority member Schroeer made a motion, seconded by Authority member Norton, to find that probable cause does exist to schedule a show cause hearing on October 26, 1994 for the Smiling Moose, 518 West Laurel, for an alleged violation of Section 12-47-128(5)(a)(I), C.R.S., and to issue subpoenas to all witnesses. Yeas: Crowfoot, Haggerty, Norton, Poncelow, Schroeer, and Wawro. Nays: None. 1171��[�ll(�L`I9:1:l:�Iq�iw Compliance Checks Officer Tower advised the Authority that the second round of compliance checks has begun and noted that 13 establishments passed the second check with 1 (Smiling Moose) failing. Officer Tower stated the compliance check policy is currently being reviewed and possibly amended to provide for only one "free" compliance check failure as opposed to one free check each year. He noted the exception would be if an establishment is under new ownership or management. Officer Tower referenced a letter he sent to Tangz, 1220 West Elizabeth, regarding their recently advertised drink promotions. He stated he received a voice mail message from Tangz stating that everyone else does it so they thought it would be OK for them too. Ell • • September 28, 1994 Other Business 1995 Meeting Schedule Authority member Crowfoot made a motion, seconded by Authority member Norton, to adopt the 1995 meeting schedule as proposed by the City Clerk's Office. Yeas: Crowfoot, Haggerty, Norton, Poncelow, Schroeer, and Wawro. Nays: None. THE MOTION CARRIED. Joint Meeting with Greeley and Loveland Liquor Licensing Specialist Rita Harris advised the Authority that the Greeley and Loveland liquor authorities have agreed upon October 13 as the date for the joint meeting to be held in Fort Collins. Handi-Pak Ms. Harris advised the Authority that the Handi-Pak store is closed and that the owner, Clinton Fuller, has reportedly moved to California. Ad3ournment Authority member Norton made a motion, seconded by Authority member Poncelow, to adjourn. Yeas: Crowfoot, Haggerty, Norton, Poncelow, Schroeer, and Wawro. Nays: None. THE MOTION CARRIED. The meeting was adjourned at approximately 7:45 p.m. rrs ecretary CUiai rperson -7-