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HomeMy WebLinkAboutLiquor Licensing Authority - Minutes - 07/27/19940 Liaison: Will Smith 11 Staff Liaison: Rita Knoll Harris A regular meeting of the Liquor Licensing Authority was held on Wednesday, July 27, 1994, in the Council Chambers of the Fort Collins Municipal Building. The following members were present: Cooper, Crowfoot, Haggerty, Norton, Poncelow, Schroeer, and Wawro. Staff Members Present: Rita Knoll Harris, City Clerk's Office Marty Heffernan, City Attorney's Office Sandy 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. 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 May 25, 1994. 2. Report of Change of Corporate Structure for Diamond Shamrock Refining and Marketing Company. dba A. Diamond Shamrock Refining and Marketing Company #671, 1113 West Drake B. Diamond Shamrock Refining and Marketing Company #1100, 1501 West Elizabeth Diamond Shamrock Refining and Marketing Company, the 3.2% beer licensee for the Diamond Shamrock Store #671, 1113 West Drake, and Store #1100, 1501 West Elizabeth, is reporting a change of corporate structure. Jerry King is replacing John Cottle as a director. Report of Change of Corporate Structure for County Cork. Inc.. dba County Cork, 313 West Drake Road. County Cork, Inc., the tavern licensee for County Cork, 313 West Drake Road, is reporting a change of corporate structure. Jerome Maas is no longer a party in the corporation. Julie Maas has been added as secretary/treasurer, holds 4.2% of the corporate stock, and is a director. July 27, 1994 4. Joe's Other Side, Inc., the hotel -restaurant licensee for Joe's Other Side, 4212 South College #110-111, is reporting a change of corporate structure. Ann Nicholl is being reported as the corporate secretary. Authority member Schroeer made a motion, seconded by Authority member Crowfoot, to adopt and approve all items on the Consent Calendar. Yeas: Cooper, Crowfoot, Haggerty, Norton, Poncelow, Schroeer, and Wawro. Nays: None. THE MOTION CARRIED. Registration of John Madrick as Manager of Bennigan's. 2203 South College, Approved John Madrick, manager, stated Bennigan's no longer has a policy to card everyone. He stated the current policy is to card anyone who appears to be 35 years of age or younger. He indicated this is his first manager position, although he has worked for Bennigan's for approximately 5 years. Mr. Madrick stated he currently trains the employees and noted that he is pursuing certification as a TIPS trainer. In response to a question from the Authority, he spoke of his arrest in 1990 for shoplifting. He stated he has not been involved in any liquor violations at any of the Bennigan's he has worked at. Authority member Schroeer made a motion, seconded approve John Madrick as manager of Bennigan's 2203 Crowfoot, Haggerty, Norton, Poncelow, Schroeer, Q:1Mrlilli141��iU 13i4Dim stration of Edward Lee Kendall as by Authority member Wawro, to South College. Yeas: Cooper, and Wawro. Nays: None. of Suehiro Edward Kendall, manager, spoke of the training he has received with regard to the service of alcohol, noting most of his knowledge comes from working in the restaurant business for 15 years. He described the training he will provide to his employees. Mr. Kendall estimated alcohol sales to be approximately 8% and noted alcohol is sold almost exclusively with food. Authority member Crowfoot made a motion, seconded by Authority member Cooper, to approve Edward Kendall as manager of Suehiro Japanese Restaurant, 223 Linden, Suite 103. Yeas: Cooper, Crowfoot, Haggerty, Norton, Poncelow, Schroeer, and Wawro. Nays: None. THE MOTION CARRIED. 0 • July 27, 1994 Consideration of an Application from the Overland Sertoma Club for a Special Events Permit at Library Park on Auaust 20 and 21. 1994, Approved Charles Helzer, event manager, stated all proceeds from this year's event will go to the Children's Clinic. He stated this is the fifth year for their participation in New West Fest and noted that there have been no problems in past years. Mr. Helzer stated there will be no changes from how the beer garden was operated last year, and noted the beer service and consumption will be confined to a large tent. He stated wrist bands will be issued to individuals who have been ID'd and are eligible to drink. Authority member Poncelow made a motion, seconded by Authority member Schroeer, to approve the application from the Overland Sertoma Club for a Special Event Permit at Library Park on August 20 and 21, 1994. Yeas: Cooper, Crowfoot, Haggerty, Norton, Poncelow, Schroeer, and Wawro. Nays: None. THE MOTION CARRIED. Consideration of an Application from Friends of Traditional Dance for Special Events Permits at the Lory Student Center on September 10, 1994, January 28, 1995, and May 6. 1995, Approved Randy Lumb, general manager of Friends of Traditional Dance, showed to the Authority a badge that will be used to identify event staff. He requested to amend his application to include the time necessary to set up before and clean up after each event. Authority member Cooper made a motion, seconded by Authority member Schroeer, to approve the application from the Friends of Traditional Dance for Special Events Permits at Lory Student Center on September 10, 1994, January 28, 1995, and May 6, 1995, as amended. Yeas: Cooper, Crowfoot, Haggerty, Norton, Poncelow, Schroeer, and Wawro. Nays: None. THE MOTION CARRIED. Transfer of Ownership of Senor Frog's, 2721 South College, Space 4B, and Trade Name Change to Jasmine Garden, Approved Brad March, attorney representing Wenhui Huang (applicant), stated his client is seeking transfer of the liquor license previously issued at this location for Senor Frog's. He stated Mr. Huang is somewhat reluctant to apply for this license, but noted the Everitt Companies (landlord) strongly suggested that a liquor license would be advisable. Mr. March stated Mr. Huang will have a service bar only, not a lounge area. He noted Mr. Huang is leasing only a portion of the area used by Senor Frog's. He described Mr. Huang's effort to become familiar with the Colorado liquor laws. • • July 27, 1994 Wenhui Huang, applicant, spoke of his prior experience as a waiter in a liquor - licensed establishment. He stated his policy will be for his employees to check ID for everyone, unless a person is clearly of age. Authority member Crowfoot made a motion, seconded by Authority member Schroeer, to approve the transfer of ownership of Senor Frog's, 2721 South College, Space 4B, from VCG, Inc. to Wenhui Huang, and trade name change to Jasmine Garden. Yeas: Cooper, Crowfoot, Haggerty, Norton, Poncelow, Schroeer, and Wawro. Nays: None. THE MOTION CARRIED. Hearing on a New Application for a 3.2% Beer License at Handi-Pak. 1311 North College. Approved Zach Wilson, attorney representing Clinton Fuller, advised the Authority that since the last meeting, Vernon Schneider has been selected as the manager of the establishment rather than Lisa Moore. He noted that Mr. Schneider is the former owner of the establishment and had no violations during his ownership. He presented petitions to the Assistant City Attorney for review. He stated Mr. Fuller and Mr. Schneider were both present. Vernon Schneider, manager, was sworn. He stated he previously owned Handi-pak from February 1991 to June 1993. He noted he currently works in the store 4 to 5 days a week, 6 to 8 hours a day. He spoke of his experience with bookkeeping. He stated they card anyone who appears to be under 30 years of age. Mr. Schneider described the petitioning process and stated signatures were obtained from people who came into the store. He estimated beer sales to be approximately 15% of total sales. Assistant City Attorney Marty Heffernan stated he had reviewed the petition and determined that it does not include a statement of verification as required by the City Code. He noted that the type of license was not filled in at the top of the petition document. Mr. Wilson stated he was aware that the petition did not contain information regarding the type of license applied for, but thought it would be apparent to anyone entering the store because they sell only 3.2% beer. With regard to the absence of the statement of verification, Mr. Wilson stated Mr. Schneider could correct the problem through his testimony. Mr. Heffernan advised the Authority that without the statement of verification, the petition is not proper. He stated if the applicant can provide the verification, he would deem the petition to be in accordance with the City Code. The Authority determined it would like to review the petition. In response to questions from the Authority, Mr. Schneider stated there are 2 other employees at the store. He described the training provided to those employees. • • July 27, 1994 Authority member Schroeer made a motion, seconded by Authority member Wawro, to adopt Resolution 94-05 approving the application of Clinton Fuller for a 3.2% beer license at Handi-Pak, 1311 North College. Authority member Cooper stated he would reluctantly support the motion and expressed concerns about the petitioning process. The vote on the motion was as follows: Yeas: Cooper, Crowfoot, Haggerty, Norton, Poncelow, Schroeer, and Wawro. Nays: None. THE MOTION CARRIED. Police Report Officer Joel Tower introduced Officer Ed Swartz, who will be assisting with compliance checks and liquor enforcement. He advised the Authority that compliance checks will begin next week. He stated they will focus on those establishments that were not checked last year. Officer Tower stated he has a meeting scheduled with the Downtown Business Association regarding problems with the Brewer's Festival held in June. He stated 2 hours of video tape was taken during the festival which will be shown to the Authority before next year's application is considered. He stated he is going to request the DBA make some major changes for future events. Authority member Cooper expressed his appreciation for the work of the officers working the Fourth of July celebration in City Park and asked Officer Tower to pass along his comments. Other Business Bed and Breakfast Permits Assistant City Attorney Heffernan brought the Authority's attention to a memo he provided regarding a new state law which creates bed and breakfast permits. He stated the law applies to establishments with 20 or fewer sleeping rooms which provide complimentary alcoholic beverages to overnight guests. He stated the law gives the Authority the ability to not allow these permits within its jurisdiction. In addition, the law allows the Authority to require needs and desires evidence. He stated the Authority needs to decide whether to allow the permits in Fort Collins and whether or not to impose the requirement for needs and desires evidence. Following discussion, the Authority directed staff to schedule a public hearing at the August meeting to receive input from the community on this issue. The Authority requested staff publish a display ad in the Co7oradoan giving notice of the public hearing. July 27, 1994 Transfers of Ownership Authority member Schroeer expressed concern about modifications occurring to a licensed premise during a transfer of ownership. He gave an example of a change in character. Assistant City Attorney Heffernan stated the Liquor Code provides that the decision on a transfer of ownership should be based on moral character, past record, and reputation. He stated the relevant section of the Code does not address a change in character of the establishment. He stated the regulations regarding modifications to the premises apply to licensees, not applicants. The Authority asked Mr. Heffernan to research the issue further. Temporary Permit - Handi-Pak Mr. Heffernan stated that the State Liquor Enforcement Division disagrees with his advise to the Authority at the last meeting that a temporary permit could be issued to Clinton Fuller, doing business as Handi-Pak, even though the Authority found that Mr. Fuller's failure to renew was not inadvertent. He stated he does not agree with the State's interpretation, but advised the Authority that it might be a good idea to base any future decisions on this issue on the finding of whether or not the failure to renew was inadvertent. Addournment Authority member Wawro made a motion, seconded by Authority member Poncelow, to adjourn. Yeas: Cooper, Crowfoot, Haggerty, Norton, Poncelow, Schroeer, and Wawro. Nays: None. THE MOTION CARRIED. The meeting was adjourned at approximately 7:53 p.m. Chairperson 124 ecretary