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HomeMy WebLinkAboutLiquor Licensing Authority - Minutes - 06/22/1994A regular meeting of the Liquor Licensing Authority was held on Wednesday, June 22, 1994, in the Council Chambers of the Fort Collins Municipal Building. The following members were present: Cooper, Crowfoot, Mael, Norton, and Schroeer. Authority members absent: Poncelow and Wawro. Staff Members Present: Rita Knoll Harris, City Clerk's Office Marty Heffernan, City Attorney's Office Sandy Gibson, Police Department Registration of David Slocum as Manager of Old Town Ale House, 25 Old Town Square. Approved David Slocum, manager, described the changes that have taken place at Old Town Ale House since the change of ownership. He stated the goal has been to physically clean up the establishment, as well as clean up the reputation of the establishment. He stated they are starting to attract a different clientele, including downtown business professionals during lunch. He spoke of his prior experience with the sale and service of alcohol and indicated there were no violations while he worked at other licensed establishments. In response to a question from the Authority, Mr. Slocum spoke of his past alcohol -related offenses and his efforts to rehabilitate himself. He stated he has not had any alcohol problems since 1989. He described the training program for employees and submitted copies of his training materials. He noted that doormen will begin carding at 9:00 p.m. and indicated that live entertainment will be provided 6 nights a week after 10:00 p.m. He stated no one under the age of 21 years will be allowed in the establishment after 9:00 p.m. Authority member Schroeer made a motion, seconded by Authority member Cooper, to approve David Slocum as manager of Old Town Ale House, 25 Old Town Square: Yeas: Cooper, Crowfoot, Mael, Norton, and Schroeer. Nays: None. THE MOTION CARRIED. • • June 22, 1994 Consideration of an Application from One West Contemporary Art Center for a Special Events Permit at 201 South College and Oak Street Plaza on July 7. 1994, Approved Kimberly Noel, event manager and Arts School Director, described the event called "The Art of Golf". She stated the event will take place on July 7 from 7:00 p.m. to 9:00 p.m., and will feature live music, food, and drink. She stated the music, food and drink will be set up in the Oak Street Plaza, while the exhibit, which is a playable golf course, will be inside the gallery. In response to a concern expressed by the Authority, Ms. Noel stated there will be tents set up in Oak Street Plaza, one of which will be in the center of the designated area for the consumption of alcohol. She stated lights will be strung around the perimeter of the licensed area as well as boardmembers stationed around the perimeter. Authority member Crowfoot made a motion, seconded by Authority member Schroeer, to approve the application from One West Contemporary Art Center for a special events permit at 201 South College and Oak Street Plaza on July 7, 1994. Yeas: Cooper, Crowfoot, Mael, Norton, and Schroeer. Nays: None. THE MOTION CARRIED. Transfer of Ownership of Casita Morales, 4212 South College, Suite 110-111, and Trade Name Change to Joe's Other Side. Approved Joseph Ierisi, president of Joe's Other Side, Inc., described his plans for the establishment. He stated the concept will be very similar to his other restaurant, Joe's Fireside Cafe, except that this establishment will have full bar service and dinner hours. He indicated he has not had any liquor violations at Joe's Fireside. In response to a question from the Authority, Secretary Rita Harris stated that Joe's Fireside Cafe currently has a beer and wine license. She advised the Authority that if this application is approved, Mr. Ierisi is prepared to surrender his beer and wine license at Joe's Fireside Cafe. Mr. Ierisi stated he is planning to open in late July. He estimated that alcohol sales will amount to 10 to 15% of his revenue. In response to questions from the Authority, Mr. Ierisi stated he has approval from the landlord to define a patio area on the south side of the building in the parking area. He stated he does not plan to open the patio area initially and may not even open the patio this season. He noted that there is a sidewalk on the south side of the building that will pass between the building and the patio. He stated the patio area itself, with the exception of the sidewalk, will be fenced with a 5-foot fence. He noted the area where the patio will be located is not heavily travelled. In response to questions from the Authority, Assistant City Attorney Heffernan advised the Authority that if the sidewalk is privately owned, there is no problem licensing the patio as drawn. He stated if the sidewalk is publicly • • June 22, 1994 owned, an encroachment permit must be obtained from the City to give Mr. Ierisi the right to use the sidewalk. He stated the license could be approved conditioned upon the establishment of private ownership of the sidewalk or the acquisition of an encroachment permit. Authority member Mael made a motion, seconded by Authority member Cooper, to approve the transfer of ownership of Casita Morales, 4212 South College, Suite 110-111, from Mary Morales to Joe's Other Side, Inc., and trade name change to Joe's Other Side, contingent upon the surrender of Mr. Ierisi's beer and wine license at Joe's Fireside Cafe, and upon documentation of Mr. Ierisi's right to use the sidewalk area between the building and the patio area. Yeas: Cooper, Crowfoot, Mael, Norton, and Schroeer. Nays: None. THE MOTION CARRIED. Transfer of Ownership of Valentino's of Fort Collins, 820 City Park Avenue, and (Secretary's Note: Authority member Schroeer withdrew from discussion and vote on this item due to a perceived conflict of interest.) Steve Taylor, president of Front Range Restaurant Concepts, Inc., described plans for the establishment. He stated he and his partner, Scott McCarthy, also own the Moot House Restaurant. He stated they intend to duplicate the pub they have at the Moot House inside Sullivan's Restaurant with more of a sports theme. He indicated they will serve regular meals and that they will open at 11:00 a.m. for lunch and be open until midnight on weekdays and later on weekends. Mr. Taylor stated there have been no liquor violations at the Moot House and noted they will use the same training procedures at Sullivan's Tavern. He stated Scott McCarthy will be registered manager at this location. In response to questions from the Authority, Mr. Taylor stated the patio is located on the porch adjacent to City Park Avenue. He indicated the patio will be enclosed with a 5-foot wrought iron fence with the bars 3 inches apart. He stated the only access to the patio will be through the establishment and the patio will be an assigned station for a server. He stated the entire patio area will be visible from the inside through the windows. Authority member Mael made a motion, seconded by Authority member Cooper, to approve the transfer of ownership of Valentino's of Fort Collins, 820 City Park Avenue, from K.C.M.S., Inc. to Front Range Restaurant Concepts, Inc., and trade name change to Sullivan's Tavern. Yeas: Cooper, Crowfoot, Mael, and Norton. Nays: None. (Authority member Schroeer withdrawn) THE MOTION CARRIED. E • June 22, 1994 Consideration of an Application from Clinton Fuller, dba Handi-Pak, 1311 North College Avenue. for a Temporary License, Approved Zach Wilson, attorney representing Clinton Fuller (applicant), stated the sole issue before the Authority is whether Mr. Fuller's failure to renew his 3.2% beer license was inadvertent or the result of an administrative error or mistake. He stated he would have Mr. Fuller testify. Clinton Fuller was sworn. He stated at the time he was granted a license a year ago, he was working in the store full-time. He indicated that he is not working as many hours because his wife suffers from Alzheimer's and is in a nursing home. He stated she has been in the nursing home for over 4 years, but her condition has recently worsened. Mr. Fuller indicated he has been spending more time with his wife over the last few months. In response to a question from Mr. Wilson, he stated he did not receive a letter from the City Clerk's Office regarding the renewal of his license and noted he is responsible for opening the mail. He stated he did not know why the certified letter from the City Clerk's Office was not claimed. He stated his employees did not mention that the post office had attempted to deliver a certified letter. Mr. Fuller stated he did not know his license had expired until a police officer came to the store and stated he was going to take the beer from the store because they did not have a license to sell it. He stated he thought when he paid his occupation tax he was also taking care of his liquor license. He indicated one of his employees, Lisa Moore, told him that he needed to renew his license and he thought she was talking about his occupation tax license. He stated he went in the next day to pay it. He stated he filed for a temporary permit on May 10. In response to questions from the Authority, Mr. Fuller stated he has had a liquor license for one year. He stated Lisa Moore helps him with his bookkeeping. He spoke of how he will prevent this from happening in the future. Lisa Moore, 320 Willox Lane, was sworn. She stated she has worked at Handi-Pak for one year. She recalled that Mr. Wilson called and asked her to tell Mr. Fuller that his license had expired. She stated she passed the message along to Mr. Fuller. Ms. Moore stated she is willing to assume additional responsibility and to register as the manager of the store. She indicated she is willing to attend any training classes. She stated she had no prior experience with the sale of alcohol and has had no alcohol -related violations. In response to questions from the Authority, Mr. Moore stated she did not know anything about a certified letter from the City. She stated she currently works from 6 a.m. to 2 p.m., 5 days a week. Mr. Wilson made closing remarks. He stated it was clear Mr. Fuller did not receive the certified letter. He acknowledged that Mr. Fuller has not spent as much time as necessary at the store due to his wife's condition. He stated Ms. Moore does intend to register as the manager of the store. At the request of the Authority, Secretary Rita Harris summarized the process for notifying a licensee that a license is due for renewal. She stated that following the normal notification, the license for Handi-Pak was not renewed. Ll • June 22, 1994 She stated on April 21 she mailed a certified letter to Mr. Fuller advising him this was his final notice that the license was due to expire and that if an application to renew was not received prior to May 6 there would no longer be a license to renew. She noted she found out after May 6 that the certified letter was unclaimed. She stated on the Monday following May 6 she advised Officer Joel Tower that the license at Handi-Pak had expired and the establishment should be checked. In response to a question from the Authority, Assistant City Attorney Marty Heffernan stated it was important for the Authority to note that there is no requirement for the Authority or the City to provide notice that renewal is necessary. He stated it is the obligation of the licensee to renew and know when renewal is required. Mr. Heffernan advised the Authority that it is important to remember that the issue before the Authority is to decide whether the failure to renew was inadvertent or due to administrative error. He stated if the Authority finds that the failure to renew was inadvertent, then the issuance of a temporary license is required. He stated the Colorado Liquor Code is a little unclear, but advised the Authority that if it should find that the failure to renew was not inadvertent, the Code does not say that a temporary license cannot be granted. Authority member Mael made a motion, seconded by Authority member Schroeer, to find that the failure to renew the 3.2% beer license at Handi-Pak, 1311 North College, was not inadvertent or due to administrative error. Authority member Schroeer expressed sympathy for Mr. Fuller's situation, but noted it is important for Mr. Fuller to keep his mind on his business. He stated it is apparent to him that several people attempted to notify Mr. Fuller on several occasions about the renewal and it was not until Officer Tower went to the store to pick up the beer that Mr. Fuller's attention was gained. He stated he is not sure that he would consider the failure to renew inadvertent, but rather a lack of attention to business. Authority member Mael noted it is the responsibility of the licensee, not the City, to take care of the paperwork. The vote on Authority member Mael's motion was as follows: Yeas: Cooper, Crowfoot, Mael, and Schroeer. Nays: Norton. THE MOTION CARRIED. Following a recess, Mr. Heffernan advised the Authority that he believes the Authority can still decide whether to grant a temporary license even though it has found that the failure to renew was not inadvertent. He stated his interpretation of the Liquor Code is that the Code does not limit the board's authority in that regard. Authority member Mael made a motion, seconded by Authority member Cooper, to grant a temporary license to Clinton Fuller, dba Handi-Pak, 1311 North College, with the condition that an employee of the store take more responsibility for managing the business. • • June 22, 1994 Authority member Schroeer stated he does not believe a temporary license should be issued. He compared this situation to renewal of a driver's license. The vote on Authority member Mael's motion was as follows: Yeas: Cooper, Crowfoot, Mael, and Norton. Nays: Schroeer. THE MOTION CARRIED. Police Report Officer Joel Tower presented to the Authority a situation that occurred at Avogadro's Number, 605 South Mason, on May 12, 1994. He stated officers responding to a noise complaint at the establishment observed several patrons leave the establishment with plastic cups of beer. Authority member Crowfoot made a motion, seconded by Authority member Schroeer, to find that probable cause exists to schedule a show cause hearing on August 24 for Avogadro's Number, 605 South Mason, for violation of Regulation 47-128.8 - Removal of liquor from premises. Yeas: Cooper, Crowfoot, Mael, Norton, and Schroeer. Nays: None. THE MOTION CARRIED. Officer Tower reported on the upcoming Brewer's Festival. He stated 50,000 people are expected to attend the two-day event. He stated the Selective Enforcement Unit will be working the event in an observation mode to collect data for next year's event. Officer Tower stated he will go back to 50% liquor enforcement when the gang unit begins on July 13. He stated he plans to work on a project to justify a full- time enforcement officer. Other Business Ms. Harris introduced John Haggerty, who will be replacing Bill Mael on the Authority next month. Adjournment Authority member Cooper made a motion, seconded by Authority member Crowfoot, to adjourn. Yeas: Cooper, Crowfoot, Mael, Norton, and Schroeer. Nays: None. THE MOTION CARRIED. The meeting was adjourned at approximat , 4,r.S ecretary