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HomeMy WebLinkAboutLiquor Licensing Authority - Minutes - 11/20/1991E LIQUOR LICENSING AUTHORITY MINUTES Regular Meeting — November 20, 1991 6:30 p.m. Council Liaison: Bob Winokur Staff Liaison: Rita Knoll Harris A regular meeting of the Liquor Licensing Authority was held on Wednesday, November 20, 1991, in the Council Chambers of the Fort Collins Municipal Building. The following members were present: Cooper, Crowfoot, Mael, Norton, and Wawro. Authority Members Absent: Poncelow Staff Members Present: John Duval, City Attorney's Office Rita Knoll Harris, City Clerk's Office Sandra 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 October 23, 1991. 2. Transfer of Ownership of Monte Carlo Lounge, 830 North College. This is a request to transfer the ownership of Monte Carlo Lounge, 830 North College, from the partnership of Rita Dayton, Jessica Wells, and Nancy Cox to Rita Dayton. Authority member Cooper made a motion, seconded by Authority member Crowfoot, to adopt and approve all items not removed from the Consent Calendar. Yeas: Cooper, Crowfoot, Mae], Norton, and Wawro. Nays: None. THE MOTION CARRIED. Report of Manager for the Carousel Playhouse Dinner Theater, 3509 South Mason, Approved Patrick Sawyer, manager, stated that in his previous job experience at licensed establishments, there were no violations. He indicated that the waitstaff who serve liquor have attended Officer Ernie Tellez's training session, another similar training session, or are very experienced. He noted he also provides • • November 20, 1991 additional training to the employees regarding monitoring tables, carding policies, and problem resolution. He noted that in the month the dinner theater has been open, they have denied service to 3 or 4 people. He indicated the seating capacity is 212. Authority member Norton made a motion, seconded by Authority member Wawro, to approve Patrick Sawyer as manager of the Carousel Playhouse Dinner Theater, 3509 South Mason. Yeas: Cooper, Crowfoot, Mael, Norton, and Wawro. Nays: None. THE MOTION CARRIED. Consideration of an Application from the Colorado State University Department of Music, Theatre, and Dance for a Special Events Permit at the Lory Student Center, Approved Lee Egbert, Director of Choral Activities and Event Manager, stated that the annual madrigal dinner is a 3-hour presentation of singing and dancing involving singers from local schools. He indicated that guests are served dinner, which they have paid for through advanced ticket sales. He noted that people over 21 serve liquor during the evening. He stated there have been no problems at prior events. Authority member Norton made a motion, seconded by Authority member Cooper, to approve the application of the Colorado State University Department of Music, Theatre, and Dance for a special events permit at the Lory Student Center. Yeas: Cooper, Crowfoot, Mael, Norton, and Wawro. Nays: None. THE MOTION CARRIED. Request from ShowBiz Pizza Time, Inc., dba Chuck E. Cheese's, 105 West Prospect, to Change, Alter, or Modify the Premises. Found Not Substantial Fred Hopkins, manager, stated the completed modification increased seating from 281 to 347. He noted the capacity, as established by the Fire Department, has not changed since the establishment opened. He indicated the modifications were cosmetic, but noted one wall was removed on the interior of the establishment. In response to questions from the Authority, Assistant City Attorney John Duval indicated the regulation is not specific as to the definition of "capacity." He stated it would be up to the Authority to decide whether this situation was the kind of capacity that would require a hearing on needs and desires or whether there was no substantial change. He noted the Authority needed to make the decision based on the facts presented as to whether the modification is a material change of the interior that affects the basic character of the establishment. • • November 20, 1991 Authority member Norton made a motion to find the change substantial. Mr. Hopkins stated that liquor sales have declined by 2-1/2 percent since the remodeling because liquor is now being sold behind the cash registers. Authority member Cooper made a motion, seconded by Authority member Crowfoot, to find that the modifications made to ShowBiz Pizza, Inc., dba Chuck E. Cheese's, 105 West Prospect, are not substantial. Yeas: Cooper, Crowfoot, Mael, Norton, and Wawro. Nays: None. THE MOTION CARRIED. Transfer of Ownership of Spirits, 2601 South Lemav #18, Approved James Petroff and Gary Johnson introduced themselves. Mr. Johnson spoke of the circumstances surrounding the violation at the Longmont liquor store he owned which resulted in a two -week suspension of the license. He indicated there had been no prior violations. He explained the DWAI listed in his application. He indicated he is a business partner only and that Mr. Petroff will be the on -site manager. Mr. Petroff stated he will be training the employees. He indicated he has retained the previous employees, and he reviewed the liquor code book with them. He noted they card everyone. Authority member Cooper made a motion, seconded by Authority member Norton, to approve the transfer of ownership of Spirits, 2601 South Lemay #18, from Barley Bree, Inc., to J.B.M.P., Inc. Yeas: Cooper, Crowfoot, Mael, Norton, and Wawro. Nays: None. THE MOTION CARRIED. Transfer of Ownership of JB's Convenience Store, 710 East Magnolia, Approved Chin Chung, owner, and Peter Bullard, attorney, introduced themselves. Mr. Chung stated he is taking over the existing store. He indicated he was store manager for a licensed establishment in Hawaii. He noted he has attended Officer Tellez's class, and has reviewed the beer code and is familiar with Colorado liquor laws. He stated he will train his employees, as well as work in the store most of the time. He indicated he is retaining the previous employees. He noted his policy is to card anyone 30 years or younger. Mr. Chung explained the alcohol -related offenses listed in his background investigation questionnaire. He noted his wife will not be involved actively in the business. November 20, 1991 Authority member Cooper made a motion, seconded by Authority member Norton, tc approved the transfer of ownership of JB's Convenience Store, 710 East Magnolia, from John and Emily Baas to Pacific Islander, Inc. Yeas: Cooper, Crowfoot, Mael, Norton, and Wawro. Nays: None. THE MOTION CARRIED. Transfer of Ownership of Lindens, 214 Linden, and Trade Name Change to Lindens Nightclub, Approved Zach Wilson, attorney for Linden Blues, Inc., introduced Tom Short and Roger Winfrey. Mr. Short, owner and manager, stated he bought Lindens in 1982. He noted he has held a liquor license longer than anyone else on his block in Old Town, which he believes indicates his extensive liquor experience there. He indicated he had one violation in 1988 for serving a minor. He mentioned the noise complaint which the Authority found should not be a violation. He explained the circumstances of his DWAI in 1990 and stated he has resolved the problems which contributed to it. He noted the hours of operation will be changing and they will offer more food. Mr. Winfrey stated his liquor experience came from working periodically in a 3.2 licensed bar in LaPorte. He indicated Mr. Short has been giving him additional training. He noted they will have an employee meeting once a month. He noted he has resolved the factors contributing to his prior liquor -related offenses. Authority member Norton made a motion, seconded by Authority member Cooper, to approved the transfer of ownership of Lindens, 214 Linden, from King Biscuit Corporation to Linden Blues, Inc. Yeas: Cooper, Crowfoot, Mael, Norton, and Wawro. Nays: None. THE MOTION CARRIED. Transfer of Ownership of Old Town Liquors, 238 East Mountain, Approved In Seon John, applicant, stated she has no experience in owning a liquor establishment. She noted she is a friend of Mary Chung, the current owner. She indicated she will be managing the store, but will retain the current employees. She stated she attended Officer Tellez's training class and has read the liquor code. Secretary Rita Harris informed the Authority that Mrs. John is not a U.S. citizen and does not have a work permit yet. She stated that Mrs. John is requesting the Authority approve the transfer contingent upon receiving a work permit. • November 20, 1991 Authority member Crowfoot made a motion, seconded by Authority member Norton, to approve the transfer of ownership of Old Town Liquors, 238 East Mountain, from Mary Chung to In Seon John, contingent upon Mrs. John obtaining a work permit. Yeas: Cooper, Crowfoot, Mael, and Norton. Nays: Wawro. THE MOTION CARRIED. Hearing on a Change of Location for Cafe Columbine from 647 South College to 151 South College, and Request to Change Trade Name from Cafe Columbine to Jays. Approved Jacqueline and Jay Witlen, owners, were sworn. Mr. Witlen stated they have owned Cafe Columbine for the last 12 years, and received a liquor license 3 years ago. He indicated the business has grown to the point that the present building is no longer adequate. He noted he believes the establishment will be an asset to the other downtown restaurants. He stated they will have a lounge seating 28 at the new location. He indicated their main focus is going to be on food and wine, not on full bar service. Mrs. Witlen stated petitions, a business proposal, and an employee manual have been submitted to the City Attorney for review. She indicated she, Jay, and their two managers have attended Officer Tellez's training class. She noted they have asked Officer Tellez to present a seminar on site to their employees. She described the petitioning process. She stated the hours will be the same and they will open December 11. She indicated the patio will be on the Oak Street Plaza side with fencing similar to that around CooperSmith's patio. Assistant City Attorney John Duval identified Exhibit A as the business proposal, Exhibit B as the employee manual, and Exhibit C as the petitions. He stated Exhibits A, B, and C were admissible into evidence. Mrs. Witlen stated they have no plans for live entertainment. She indicated there are approximately 215 signatures on the petitions. She noted there were 2 people who would not sign the petitions and 2 who signed "no". Mr. Witlen stated there have been no violations at the 647 South College location. Authority member Norton made a motion, seconded by Authority member Cooper, to adopt Resolution 91-11 approving the change of location for Cafe Columbine from 647 South College to 151 South College and request to change trade name from Cafe Columbine to Jay's. Yeas: Cooper, Crowfoot, Mael, Norton, and Wawro. Nays: None. THE MOTION CARRIED. • • November 20, 1991 Hearing on a New Application for a Hotel -Restaurant License at Perico's Classic Mexican Dining, 2900 Harvard, Suite A. Approved Kathy and Randy Hamblen, 2731 Canterbury Drive, were sworn. Mr. Hamblen indicated he has been a manager and food consultant in the restaurant business for 20 years. He noted the establishment will seat 98. He projected food sales will be approximately 96% of the business. He indicated he intends to hire 15 employees. He noted the establishment will be open from 11:00 a.m. to 9:00 p.m. Monday through Thursdays, 11:00 a.m. to 10:00 p.m. on Fridays and Saturdays, and will be closed on Sundays and major holidays. He stated there will not be a bar, but they plan to serve beer and margaritas from the kitchen area. He submitted a rough draft of the menu. Eileen Swiers, Market Service Associates, was sworn. Assistant City Attorney John Duval identified Applicant's Exhibit A as a summary report of the petition results, Exhibit B as five petition packets, and Exhibit C as the menu. He stated Exhibits A, B, and C were admissible into evidence. Ms. Swiers described the petitioning process and reviewed the results. She indicated that 250 (87.7%) signed in favor of the license and 35 (12.3%) opposed issuance of the license. In response to questions from the Authority, Mr. Hamblen stated he and his wife will both be managing the restaurant. He indicated he has attended Officer Tellez's training class. He noted he plans to train his employees, but will also recommend they attend Officer Tellez's class. He stated they will card anyone who appears to be 30 or under. Authority member Wawro made a motion, seconded by Authority member Norton, to adopt Resolution 91-13 approving a hotel -restaurant license at Perico's Classic Mexican Dining, 2900 Harvard, Suite A. Yeas: Cooper, Crowfoot, Mael, Norton, and Wawro. Nays: None. THE MOTION CARRIED. Hearing on a New Application for a Beer and Wine License at Little Saigon Cafe, 3500 South College, Approved David Mitchell, attorney representing the applicant, introduced himself. Hung Hang, owner, was sworn. He stated he has no liquor experience in Colorado, but he did have some in Vietnam. He indicated he attended Officer Ernie Tellez's class to become acquainted with liquor laws in Colorado. He noted he will continue to study the laws, and will train the employees how to card people who are 30 and under and how to recognize visibly intoxicated customers. He indicated he will serve beer and wine only. He stated he has 6 years restaurant • • November 20, 1991 experience in the U.S. He noted the restaurant has 20 tables with a maximum capacity of 65 seats. He indicated the establishment is open from 11:00 a.m. to 10:00 p.m. on weekdays and from noon to 8:00 on Sundays. He stated there will be no bar, and the beer and wine will be served at the tables only. Eileen Swiers, Market Service Associates, was sworn. Assistant City Attorney John Duval identified Applicant's Exhibit A as a summary, Exhibit B as the petitions, and Exhibit C as the menu. He stated Exhibits A, B, and C were admissible into evidence. Ms. Swiers described the petitioning process and reviewed the results. She indicated that 271 (94.4%) signed in favor, and 16 (5.6%) opposed issuance of the license. Authority member Crowfoot made a motion, seconded by Authority member Norton, to adopt Resolution 91-12 approving a hotel -restaurant license at Little Saigon Cafe, 3500 South College. Yeas: Cooper, Crowfoot, Mael, Norton, and Wawro. Nays: None. THE MOTION CARRIED. Show Cause Hearing for The Junction, 518 West Laurel Russ Sanford, attorney for The Junction, Inc., introduced himself. He indicated the Authority has been provided with a copy of the stipulation agreement. Assistant City Attorney John Duval outlined the provisions of the stipulation agreement. He noted The Junction has admitted to a violation of Regulation 47- 128.8, which prohibits the removal of liquor from a licensed premises. He indicated the licensee has agreed to a 10-day suspension, with 5 days to be served by the payment of a fine of $1500 ($300 per day), due on December 4, 1991. He stated the remaining 5 days will be held in abeyance for a period of 1 year provided there are no violations of the terms of the stipulation or of the liquor code. He indicated the licensee has also agreed to send all its personnel involved in the sale of alcoholic beverages to the liquor law education classes conducted by Fort Collins Police Services. Mr. Sanford asked for a clarification regarding education classes. He stated all employees have attended Officer Tellez's training within the last three months. He asked if they will be required to repeat the classes if they have taken them within the last three months. He noted all the employees are TIPS certified, and there is a TIPS certified instructor on staff. After discussion, the Authority stated it would accept whatever was agreeable to Police Services. Authority member Cooper made a motion, seconded by Authority member Crowfoot, to accept the stipulation agreement as presented. Yeas: Cooper, Crowfoot, Mael, Norton, and Wawro. Nays: None. • • November 20, 1991 THE MOTION CARRIED. Show Cause Hearing for Old Town Ale House, 25 Old Town Square Assistant City Attorney John Duval explained to the Authority the process he was proposing for the hearing. He stated he would explain the stipulation and then allow Jerome Roselle, attorney for the licensee, and Officer Tellez to address the Authority. He indicated that since the Authority would be considering both the most recent violation as well as the pending lawsuit, it would be his recommendation to adjourn into executive session if they wished to discuss the effect of the lawsuit before coming back with a decision. (Secretary's note: Authority members Mael, Crowfoot, and Cooper disclosed that they were acquainted with Mr. Roselle and noted that it would not affect their decision in this matter.) Mr. Duval stated there were 2 parts to the stipulation: (1) the existing lawsuit on the first violation the Authority found to have occurred and imposed a penalty for and (2) the most recent violation, which is on the agenda tonight. He noted there would be no agreement if the Authority did not agree to both parts of the stipulation. Mr. Duval outlined the provisions of the stipulation to the most recent violation. He noted Old Town Ale House has admitted to the violation of sale to an underage person and has agreed to a 14-day suspension, with 5 days to be served by the payment of a fine of $700 ($140 per day). He stated the remaining 9 days will be held in abeyance for a period of 1 year provided there are no violations of the terms of the stipulation or of the liquor code. He indicated if there is a violation, the parties have agreed in advance to payment of a fine in lieu of suspension at the rate of $150 per day for the 9 days held in abeyance ($1350 total). He stated this stipulation is conditioned upon both parties agreeing to the dismissal of the appeal and to the Authority dismissing the first violation. Mr. Roselle addressed the Authority's concerns regarding Old Town Ale House. He stated he has read the transcript of the show cause hearing in August. He noted he recognized the Authority's unfavorable impressions in the matter and could understand why the Authority wants to see action and improvement in attitude. He indicated he has been working with the licensee to help them understand it is critical to comply with all laws and regulations. He stated Mr. Fetters has taken steps to ensure compliance, educate the staff, and work cooperatively with the Authority. He noted Mr. Fetters and all employees have attended the liquor law education classes through Police Services. Mr. Roselle indicated that none of the employees who were involved in the incidents brought before the Authority are presently employed with Old Town Ale House. He stated that Mr. Fetters and Drake Johnson have attended an 8-hour program in Denver concerning the Colorado liquor licensing laws and regulations, and all appropriate signs are posted. He indicated there have been changes in the door policy in checking ID's, and employees have been familiarized with out-of-state licenses even more so than before. Mr. Roselle asked the Authority to accept the stipulation knowing Mr. Fetters has heard the Authority's concern and is taking it seriously. November 20, 1991 Officer Ernie Tellez stated he had worked closely with Old Town Ale House and Mr. Roselle to resolve this matter. He indicated he has seen some definite changes in Mr. Fetter's attitude and spoke of his attempt to voluntarily operate his business in compliance with the liquor laws. Officer Tellez noted he believes the penalty levied during the first hearing was fair. He stated that in discussing this matter with Mr. Duval, however, he realized that in an appeal, the court might look at it differently. Officer Tellez he initially approached Old Town Ale House with an offer to combine both complaints into one stipulation and agreement, but they declined. He indicated he believes the current penalty under the proposed agreement is now stricter than what he originally offered the licensee. He requested the Authority consider the stipulation with all facts in mind and accept it as presented. Authority member Wawro made a motion, seconded by Authority member Crowfoot, to accept the stipulation agreement and agreement for settlement as presented. Yeas: Cooper, Crowfoot, Norton, and Wawro. Nays: Mael. THE MOTION CARRIED. Police Report Police Investigator Sandra Gibson stated she wanted to bring to the Authority's attention to an incident report regarding an unreported disturbance at Washington's. Secretary Rita Harris indicated the City Code states that repeated failure to report disturbances can be cause for action. She noted Ms. Gibson was bringing this item tonight as the first case of an unreported disturbance at this establishment and asking the Authority to review it and perhaps direct the staff to make it a part of the file for future consideration if necessary. Authority member Crowfoot made a motion, seconded by make the incident report a part of Washington's file Mael, Norton, and Wawro. Nays: None. THE MOTION CARRIED. Other Business Authority member Cooper, to . Yeas: Cooper, Crowfoot, Assistant City Attorney John Duval spoke concerning draft ordinance regarding temporary permits. He stated the ordinance has been amended since last presented to the Authority and summarized the amendments. Authority member Cooper made a motion, seconded by Authority member Crowfoot, to recommend Council adopt the ordinance. Yeas: Cooper, Crowfoot, Mael, Norton, and Wawro. Nays: None. THE MOTION CARRIED Authority member Mae] brought to the Authority's attention a letter of resignation received from Debra Guerrie. • November 20, 1991 Authority member Cooper mentioned a phone call he had received from a citizen complaining that his/her underage son went to Gators and was served an alcoholic beverage. Adjournment Authority member Crowfoot made a motion to adjourn Mael, Norton, and Wawro. Nays: None. THE MOTION CARRIED. The meeting was adjourned at approximately Secretary Yeas: Cooper, Crowfoot,