Loading...
HomeMy WebLinkAboutLiquor Licensing Authority - Minutes - 03/23/1994r Council Liaison: Will Smith Staff Liaison: Rita Knoll Harris A regular meeting of the Liquor Licensing Authority was held on Wednesday, March 23, 1994, in the Council Chambers of the Fort Collins Municipal Building. The following members were present: Cooper, Crowfoot, Mael, Norton, Poncelow, Schroeer, and Wawro. Staff Members Present: Rita Knoll Harris, City Clerk's Office Marty Heffernan, City Attorney's Office Sandra Gibson, Police Department Joel Tower, Police Department •.. 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. Report of •- of •[p• _ - Structure for• • • Stores California.••_ Longs Drug Store, 743 South Lemay, Longs Drug Stores California, Inc., the 3.2% beer licensee for Longs Drug Store, 743 South Lemay, is reporting a change of corporate structure. Several individuals are no longer officers in the corporation due to retirement or removal. Registration of Robin Whaley _•- of -'s Steak and Seafood Place, 3620 SouthMason, Nate's of Fort Collins, Inc., the hotel -restaurant licensee for Nate's Steak and Seafood Place, 3620 South Mason, is requesting approval of Robin Whaley as manager of the establishment. Ms. Whaley is replacing Michael Piotraschke. March 23, 1994 Authority member Schroeer made a motion, seconded by Authority member Crowfoot, to adopt and approve all items on the Consent Calendar. Yeas: Cooper, Crowfoot, Mael, Norton, Poncelow, Schroeer, and Wawro. Nays: None. THE MOTION CARRIED. Report of Change of Manager for PayLess Drug Store #5375. 112 East Foothills Parkway, Approved Darrell Hill, manager, stated that the Greeley store he managed did have a liquor license and there were no violations during his employment there. Mr. Hill noted before he was in Greeley, he managed the store in Fort Collins which was then known as Skaggs. He indicated there were no liquor violations at Skaggs while he was manager. In response to a question from the Authority, Mr. Hill indicated that approximately 2 cases of beer have been sold since last September. He described the training video which is shown to all employees. Authority member Mael made a motion, seconded by Authority member Schroeer, to approve Darrell Hill as manager of PayLess Drug Store #5375, 112 East Foothills Parkway. Yeas: Cooper, Crowfoot, Mael, Norton, Poncelow, Schroeer, and Wawro. Nays: None. THE MOTION CARRIED. Registration of Lloyd Stone, Jr. as Manager of Chuck E. Cheese's, 105 West Prospect. Approved Lloyd Stone, Jr., manager, stated he has been the assistant manager at this establishment since 1982. He estimated that the establishment sells 1.5 kegs of beer and 1 gallon of wine per week. Mr. Stone indicated that the store failed a compliance check several years ago. Authority member Mael made a motion, seconded by Authority member Schroeer, to approve Lloyd Stone, Jr. as manager of Chuck E. Cheese's, 105 West Prospect. Yeas: Cooper, Crowfoot, Mael, Norton, Poncelow, Schroeer, and Wawro. Nays: None. THE MOTION CARRIED. -2- L March 23, 1994 Request from MCP, Inc., dba Tangz, 1220 West Elizabeth. to Change. Alter. or Modify the Premises. Approved Zach Wilson, attorney representing MCP, Inc., reminded the Authority that this item was postponed at the last meeting because the Authority expressed concerns about the maximum capacity of the establishment, neighborhood noise, and fencing. Mr. Wilson noted that occupancy load will not be increased due to the addition of the outdoor area. He stated the fence has been changed from a chain link fence to a 10 foot wooden fence which will help to cut down on noise and increase the visual attractiveness of the area. Mr. Wilson suggested the Authority reexamine the exhibits from the last hearing. At the request of the Authority, Liquor Licensing Specialist Rita Harris provided the Authority with the Exhibits submitted at the last hearing. Tim McKeon, president of MCP, Inc., was sworn. He described in greater detail the changes to the fence. He stated a solid fence will direct the noise up rather than out. He stated by limiting the occupancy load to the current level, there will be no chance of exceeding the limit if those outside are forced to move inside due to bad weather. He stated the a 10 foot cedar fence will provide 98% visual blockage. Mr. Wilson submitted Applicant's Exhibit E, identified as a building permit for the fence, Applicant's Exhibit F, identified as a letter from Empire Laboratories regarding the engineering features of the fence, and Applicant's Exhibit G, identified as a bid from A - Quality Fence Company for construction of the fence. Assistant City Attorney Marty Heffernan stated he had no objection to the admission of the Exhibits and reminded the Authority they are hearsay evidence. Mr. Wilson responded to a question from the Authority by stating the gate will have a panic bar on the inside for fire safety. He noted as least 3 employees will be supervising the outdoor area and monitoring the gate. Mr. McKeon described how the occupancy load will be controlled. He addressed concerns expressed by the neighboring church at the last hearing. He stated a manager will clean up the church parking lot after the bar closes each night. Steve Carlyle was sworn. He stated he handles advertising and paperwork for Tangz. He stated that, due to the concerns expressed at the last hearing, he prepared a new petition with a more descriptive paragraph at the top of the form and revisited each individual apartment building nearby. He stated he did limit the petition to only those over 21 because he believed that the concerns expressed at the last meeting (noise, visual attractiveness) would affect all ages. He indicated he received 3 signatures in opposition and approximately 130 signatures in support. He stated 1 person refused to sign. -3- March 23, 1994 Assistant City Attorney Heffernan stated he had no objection to the admission of the petitions, identified as Applicant's Exhibits H, I, and J, but reminded the Authority they do not qualify as "needs and desires" petitions. In response to questions from the Authority, Mr. Carlyle stated there will be no music provided in the outdoor area and no additional drink specials other than what they currently have. He stated the current occupancy limit is 363. Mr. Wilson summarized the evidence tendered in support of the application and urged the Authority to approve the application. Tim Johnson, 2001 Whiterock Court, representing St. Paul's Episcopal Church, was sworn. He spoke of the conversation he had with the licensees after the last meeting. He stated the Church Board voted last night to oppose the application. He stated they do not believe a 10 foot fence, whether it is wooden or not, will still detract from the Church's property. He stated they have been impacted in the past by noise during weeknight activities. He spoke of vandalism to the Church property. Police Officer Joel Tower was sworn. He stated the Police Department did have concerns at the last hearing, but he believes the changes described at this meeting has calmed those concerns. He indicated the licensee has addressed the issue of occupancy load, although he still had some questions about it. Mr. Carlyle responded that there will be a separate capacity limit set for the volleyball area, but the total capacity (both inside and outside) will not exceed the current capacity of 363. Authority member Cooper made a motion, seconded by Authority member Schroeer, to approve the application of MCP, Inc., dba Tangz, 1220 West Elizabeth, to change, alter, or modify the licensed premises. Authority member Cooper stated he believes the applicant has made a reasonable effort to address the concerns he had at the last hearing. He indicated he is a little uncomfortable with the situation with the church and encouraged Tangz to keep in touch with the church. Authority member Crowfoot concurred with Authority member Cooper and also urged Tangz to work closely with the church. She recommended the church call the Police Department regarding parking problems. Authority member Wawro stated he would reluctantly support the motion, but expressed concerns about the space constraints and noise issues. Authority member Poncelow stated she will not support the motion. She cited liquor code provisions relating to the health and safety of the neighborhood residents. ME March 23, 1994 Authority member Mael indicated he will not support the motion and indicated he believes that the Authority needs to take a more proactive stance. He stated he believes there is probably a strong need for this type of establishment in Fort Collins but does not believe this is an appropriate location. He spoke of the conflicts between the establishment and the neighboring church. He stated he would have liked comment from the Poudre Fire Authority regarding the licensee's responsibilities. Authority member Schroeer stated the neighborhood contains two groups of inhabitants -- the residential community and the business community. He noticed that the business people were very supportive of the application and noted he would expect that because is will be good business, in general, for them. He noted the negative effects of this modification will not affect a great number of the business people who close their businesses early. Schroeer stated the people in the church and residents of the apartment house next year and the year after who did not have an opportunity to participate in the survey will be most impacted by this modification. He stated he believes it will be a noise problem and a nuisance. The vote on the motion to approve the application was as follows: Yeas: Cooper, Crowfoot, Norton, and Wawro. Nays: Mael, Poncelow, and Schroeer. THE MOTION CARRIED. Officer Tower stated he did not have much to report and indicated the Department has been focusing on recruit training. He expected liquor enforcement activities to increase in June. �•Ib'L�'ii3>7'�Ci� Liquor Licensing Specialist Harris introduced Councilmember Will Smith, who was recently appointed as the Council liaison to the Liquor Licensing Authority. Authority member Cooper made a motion, seconded by Authority member Schroeer, to adjourn. Yeas: Cooper, Crowfoot, Mael, Norton, Poncelow, Schroeer, and Wawro. Nays: None. THE MOTION CARRIED. The meeting was adjourned at approximately 7:50 p.m. -5- March 23, 1994 These minutes were prepared in January, 1998 and were not submitted to the Authority for approval. The majority of the Authority members present at this meeting were no longer on the Authority when the minutes were prepared. IDS