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HomeMy WebLinkAboutLiquor Licensing Authority - Minutes - 12/18/1991E LIQUOR LICENSING AUTHORITY MINUTES Regular Meeting - December 18, 1991 6:35 p.m. A regular meeting of the Liquor Licensing Authority was held on Wednesday, December 18, 1991, 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: John Duval, City Attorney's Office Rita Harris, City Clerk's Office Sandy Gibson, Police Department Authority member Mael welcomed John Schroeer, a newly appointed member of the Authority. 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. 2. 3. This is a request from Slappey Mountain Enterprises, Inc., the beer and wine licensee for Slappey's, A Restaurant, 1100 West Drake, to change the trade name of the establishment to Rocky Mountain Pasta Company. Puco, Inc., the hotel -restaurant licensee for Coco Loco Taqueria and Cantina, 134 South College, is reporting a change in corporate officers. No new officers have been elected. The existing officers, Kurt Thompson and Lorenzo Fuerte are switching positions. Grad II Restaurants, Inc., the hotel -restaurant licensee for Fort Ram, 450 North College, is reporting a change of corporate name. Grad II Restaurants, Inc. has been merged with The Graduate Restaurants, Inc. No changes have been made in corporate officer/directors/shareholders as a result of the merger. December 18, 1991 4. The Blue Bayou, Inc., the hotel -restaurant licensee for Blue Bayou, 1045 Garfield, is reporting a change of corporate officers, directors and shareholders. Douglas MacCartney now holds 100% of the stock in the corporation and has replaced William Clark as president. William Clark has been elected vice-president, and Lynn MacCartney has been elected secretary and is now a director. Authority member Poncelow made a motion, seconded by Authority member Crowfoot, to adopt and approve all items not removed from the Consent Calendar. Yeas: Cooper, Crowfoot, Mael, Norton, Poncelow, Schroeer, and Wawro. Nays: None. THE MOTION CARRIED. Consideration of an Application from High Plains Arts, Inc., dba Friends of Traditional Dance, for Special Events Permits at the Lory Student Center, Approved Randy Lumb, Director of Friends of Traditional Dance, stated these events will have a similar format to events held in the past. He stated the first event is a big -band event, which has been held four times in the past. He stated the other two events are Viennese waltz music. He noted that type of event has been done approximately a dozen times. Mr. Lumb indicated that there have been no problems at previous events. In response to a question from the Authority, Mr. Lumb stated that drinks are included in the admittance price for the second and third event. He stated there is no limit on the number of drinks unless a person shows signs of intoxication. Mr. Lumb noted that, on an average, $155 is spent on alcohol for an event which is typically attended by approximately 450 people. He emphasized that people attend the events to dance, not to drink. He stated he received training from the Police Department and he in trains the staff for the events, using the materials provided by the Police Department. Authority member Cooper made a motion, seconded by Authority member Norton, to approve the application of High Plains Arts, Inc., dba Friends of Traditional Dance, for Special Events Permits at the Lory Student Center on January 25, May 2, and October 10, 1992. Yeas: Cooper, Crowfoot, Mael, Norton, Poncelow, Schroeer, and Wawro. Nays: None. THE MOTION CARRIED. Request from Ram Pub Corporation of Colorado, dba Chesterfield, Bottomsley and Potts, 1415 West Elizabeth, to Change, Alter, or Modify the Premises. Found Not Substantial Kevin Sheesley, manager, described the modification to the premises. He stated the enlargement consists of a 290 square foot addition to the kitchen on the east side of the building. He stated the addition will be used as a prep area • December 18, 1991 for the kitchen and does not affect the seating capacity of the establishment. He stated the additional kitchen space could never be converted to seating space in the future. He indicated that in addition to prep area, the new space would be used to store food and dry goods. Mr. Sheesley noted that the alcohol is stored upstairs. Authority member Poncelow made a motion, seconded by Authority member Crowfoot, to find that the modification to Chesterfield, Bottomsley and Potts, 1415 West Elizabeth is not substantial. Yeas: Cooper, Crowfoot, Mael, Norton, Poncelow, Schroeer, and Wawro. Nays: None. THE MOTION CARRIED. Hearing on a New Application for a Hotel -Restaurant License at Applebee's Neighborhood Grill and Bar, 4308 South College, Approved Alan Dill, Dill, Dill and Carr, attorney representing the applicant, introduced himself. He stated he had two witnesses to testify regarding the needs and desires of the neighborhood and requested that they be sworn at the same time. (Secretary's Note: All of the individuals testifying were sworn at this time.) Carrie Heuser, manager of Pier 1 Imports, 4348 South College, stated Pier 1 Imports has been located in this shopping center for 3 years. She stated she has dined in several establishments within the designated neighborhood and noted that Black Eyed Pea is the closest establishment to Pier 1 Imports. She indicated that Black Eyed Pea is a busy establishment and noted there is often a wait for a table during peak hours. Ms. Heuser spoke of the need for another outlet in the neighborhood and expressed her support for the application. Phillip Hicks, representing Sullivan -Hayes Companies, noted that Sullivan -Hayes owns and manages the shopping center and handles the maintenance of the center. He described the shopping center and spoke of current tenants in the center. He and Mr. Dill approached the Authority with a site plan of the shopping center and pointed out where Applebee's will be constructed. He stated he is familiar with other outlets in the area and indicated Black Eyed Pea appears to be the busiest outlet in the neighborhood. Mr. Hicks stated he believes there is a need for this establishment in the neighborhood. In response to a question from the Authority, Mr. Hicks noted that Black Eyed Pea does not object to the establishment. Authority member Cooper pointed out that two of the background investigation questionnaires submitted with the application were not notarized. Assistant City Attorney John Duval stated the Authority could condition its motion on the documents being satisfactorily notarized. Max Scott, Oedipus, Inc., identified Applicant's Exhibit A as a summary of the petition results and Applicant's Exhibits B, C, and D as petition packets. He C, J • December 18, 1991 described the petitioning process and summarized the petition results. He stated 241 signed in favor of the license and 4 people indicated verbally that they supported the license. He stated 16 individuals signed in opposition to the license. He stated 94 percent were in favor of issuance of the license, and noted typical results for a hotel -restaurant license is 75 to 80 percent. Assistant City Attorney John Duval stated Applicant's Exhibits A, B, C, and D are admissible into evidence. He asked Mr. Scott to explain why certain signatures on the petitions are marked with red asterisks. Mr. Scott stated the signatures marked with an asterisk are not included in the survey results because they do not meet certain standards (i.e. not 21 years of age, not a valid signature format). Tom Fitzpatrick, 10% shareholder in RCI Denver, Inc. (applicant), spoke of his experience in the food and beverage industry. He noted he has 15 years experience and started out with Steak and Ale. He stated he has been with RCI for 6 years. He spoke of other outlets in Colorado and noted there is an application pending in Aurora. Mr. Fitzpatrick noted this location in Fort Collins will be the fourth Applebee's in Colorado. He stated a total of 9 outlets are planned. He described the Applebee's concept. He spoke of the corporate structure of RCI Denver, Inc. and its affiliate relationship with the RCI, Inc. Mr. Fitzpatrick outlined the construction and opening costs for the establishment. He stated he will be responsible for opening the store and will hire managers to operate the restaurant on an ongoing basis. He spoke of the company's training program. Applicant's Exhibit E was admitted into evidence and identified as a menu for the restaurant. Mr. Fitzpatrick stated the restaurant will be a lunch and dinner establishment, which will seat approximately 168 including 18 barstools. He described the layout and decor of the establishment. He noted Chili's, Black Eyed Pea, and Bennigan's are principle competitors in the market. Mr. Fitzpatrick and Mr. Dill approached the Authority with a floor plan of the establishment. Mr. Fitzpatrick described the proposed construction of the restaurant and described the interior layout of the building. He stated ID's are checked by waitresses at the tables and by the bartender in the bar area. He stated management personnel are on duty at all times to provide additional monitoring for underage drinking and intoxication. Mr. Fitzpatrick stated that alcohol sales in the Denver restaurants are approximately 17% of total sales. He indicated the hours of operation will be 11 a.m. to midnight. He noted that there have been no liquor violations at the other establishments. He spoke of the number of employees that would be hired. He stated construction would take approximately 120 days and noted they are hoping to open the establishment on May 1. In response to questions from the Authority, Mr. Fitzpatrick explained why the company chose Fort Collins. He explained the training materials provided to the company by Applebee's International. • December 18, 1991 Authority member Poncelow made a motion, seconded by Authority member Crowfoot, to adopt Resolution 91-14 approving the application of RCI Denver, Inc. for a tavern license at Applebee's Neighborhood Grill and Bar, 4308 South College, contingent upon the completed notarization of certain documents. Yeas: Cooper, Crowfoot, Mael, Norton, Poncelow, Schroeer, and Wawro. Nays: None. THE MOTION CARRIED. Police Report Police Investigator Sandy Gibson noted that the Authority had been provided a letter from Special Enforcement Unit Officer Pete Gazlay, who has been conducting an investigation of The Junction, 518 West Laurel. Ms. Gibson stated Officer Gazlay has observed a number of minor violations at the establishment. She noted that Officer Gazlay has had several meetings with representatives in the neighborhood, who first brought these problems to the attention of the Police Department. She stated The Junction has agreed to make changes at the establishment in an effort to address the concerns of the neighborhood. She stated if The Junction does not make changes to the satisfaction of the neighborhood, the neighborhood would probably appear before the Authority when the liquor licenses come up for renewal. Other Business Assistant City Attorney John Duval reminded members of the Authority that he had mailed a proposed ordinance for their review. He noted this ordinance is a result of the TDMH lawsuit, which in part alleged that the Authority was not correct in considering violations by prior licensees. He stated the District Court Judge decided that Section 3-55(3) was unconstitutional to the extent that it allowed the Authority to consider violations of the prior licensee. He stated that the City settled the lawsuit and that a term of the settlement was that an amendment to Section 3-55(3) would be considered by the Authority for recommendation to the Council to take care of the problem of unconstitutionality of that section. Mr. Duval noted that during negotiation of the settlement, members of the Authority indicated they still wanted the ability, in appropriate circumstances, to consider prior violations of prior licensees if a connection of ownership or management could be shown between the existing licensee and the prior licensee. He used as an example a situation where a licensee has series of violations on its record which may lead to revocation of the license if additional violations occurred. He stated in order to avoid possible revocation, the licensee would transfer the license to a new entity in order to "wash" the license so that the prior violations could not be considered. He stated Section 3-55(3) has been amended to limit consideration of prior violations at the licensed premises to violations committed by the licensee or the licensee's employees. He stated he has amended Section 3-55(4) to provide that if some connection of ownership or management between the prior licensee and the current licensee can be shown, then violations of the prior licensee can be taken into consideration. Mr. Duval noted other amendments have been made to Section 3-55 to clarify the wording and to be more consistent with State Statutes. 0 0 December 18, 1991 Authority member Crowfoot made a motion, seconded by Authority member Norton, to recommend Council adopt the Ordinance as drafted by the City Attorney's Office. Yeas: Cooper, Crowfoot, Mael, Norton, Poncelow, Schroeer, and Wawro. Nays: None. THE MOTION CARRIED. Secretary Rita Harris noted that Chryss Cada from the Coloradoan called to indicate that the Coloradoan is committed to publishing information regarding violations and. show cause hearings. She stated she recommended the Coloradoan also publish information about establishments which pass compliance checks. Authority member Bill Mael brought the Authority's attention to a memo from Mayor Kirkpatrick regarding board and commission input at Council meetings. Adiournment Authority member Schroeer made a motion, seconded by Authority member Mael, to adjourn. Yeas: Cooper, Crowfoot, Mael, Norton, Poncel ow, Schroeer, and Wawro. Nays: None. THE MOTION CARRIED. The meeting was adjourned at approximately 7:45 p.m. .Bd,tl ' /. � fir/ �j�p—C�iairperson ecretary