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HomeMy WebLinkAboutLiquor Licensing Authority - Minutes - 10/23/1991LIQUOR LICENSING AUTHORITY MINUTES Regular Meeting - October 23, 1991 6:35 p.m. A regular meeting of the Liquor Licensing Authority was held on Wednesday, October 23, 1991, in the Council Chambers of the Fort Collins Municipal Building. The following members were present: Cooper, Crowfoot, Mael, Norton, Poncelow, and Wawro. Authority Members Absent: Guerrie Staff Members Present: John Duval, City Attorney's Office Rita Knoll Harris, City Clerk'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. Phar-Mor, Inc., the 3.2% beer licensee for Phar-Mor #226, 4106 South College, is reporting a change in corporate officers and directors. Charity Imbrie is replacing Richard Nimtz as vice-president and Farrell Rubinstein is replacing Donald Robinson as a director of the corporation. 2. Report of Change of Manager for Sportsmans Boss Hoggs, 210 Walnut. Thomas Wahlberg, the tavern licensee for Sportsmans Boss Hoggs, 210 Walnut, is reporting a change of manager. Mr. Wahlberg is taking over the management responsibilities for the establishment. The previously registered manager was Kathryn Jones. Authority member Norton 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, and Wawro. Nays: None. THE MOTION CARRIED. • • October 23, 1991 Report of Change of Manager for Panhandler's Pizza, 1220 West Elizabeth, Approved Patrice Miller, manager, stated she is replacing Nancy Brown as manager. She spoke of prior employment at liquor -licensed establishments and stated she was not involved in any liquor violations. She spoke of the training that is provided to employees and noted she will be responsible for the training. Ms. Miller stated the carding policy is to request ID from anyone who appears to be under the age of 25. She noted that a copy of the Colorado Liquor Code is kept on the premises. Authority member Poncelow made a motion, seconded by Authority member Cooper, to approve Patrice Miller as manager of Panhandler's Pizza, 1220 West Elizabeth. Yeas: Cooper, Crowfoot, Mael, Norton, Poncelow, and Wawro. Nays: None. THE MOTION CARRIED. Registration of Brad Johnston as Manager of Valentino's of Fort Collins, 820 City Park Avenue, Approved Brad Johnston, manager, stated he replaced Harold Conwell as manager of the establishment. He stated he was most recently employed at the Wine Cellar as a waiter, where he did serve alcoholic beverages. He spoke of the training he has received over the years in the industry, and noted he had attended a seminar conducted by Officer Tellez. Mr. Johnston stated anyone who appears to be under the age of 30 years is carded at Valentino's. He noted there will be no changes under his management and noted the restaurant targets families and does not offer liquor promotionals. He stated although the restaurant has a full liquor license, only beer and wine is served. Authority member Norton made a motion, seconded by Authority member Poncelow, to approve Brad Johnston as manager of Valentino's of Fort Collins, 820 City Park Avenue. Yeas: Cooper, Crowfoot, Mael, Norton, Poncelow, and Wawro. Nays: None. THE MOTION CARRIED. Report of Change of Manager for Schrader's Country Store #110, 4524 South College, Approved Douglas Pickle, manager, stated he is replacing Jim Moon as the manager at this establishment. Mr. Pickle noted he currently runs 18 convenience stores for Schrader Oil Company. He stated the reason he is registering as the manager of this establishment is that the manager sent before the Authority in September was not approved. He stated he will have to manage the store himself until another manager is hired. Mr. Pickle noted he previously held licenses at the stores he owned. He stated when he owned his own stores, there were no violations. He stated he provides training to his employees, and has all of the • • October 23, 1991 managers attend classes offered by Officer Tellez. He stated that Phillips Petroleum Company also conducts training. He stated the company policy is to card anyone under the age of 30. Authority member Crowfoot made a motion, seconded by Authority member Norton, to approve Douglas Pickle as manager of Schrader's Country Store #110, 4524 South College. Yeas: Cooper, Crowfoot, Mael, Norton, Poncelow, and Wawro. Nays: None. THE MOTION CARRIED. Transfer of Ownership of Mandarin Chinese Restaurant, 1720 West Mulberry, Approved Yvonne Fong, daughter of the applicant, Wei -Shan Fong, stated there would be no changes at the restaurant under her father's ownership. She stated the establishment sells beer and wine only. She stated the policy is to card anyone who appears to be under the age of 30. She noted the restaurant is run by the family along with a few other employees. Ms. Fong stated the wife of the previous owner is continuing to work at the establishment and is responsible for training the employees. Authority member Poncelow made a motion, seconded by Authority member Norton, to approve the transfer of ownership of the Mandarin Chinese Restaurant, 1720 West Mulberry, from Frank Wang to Wei -Shan Fong. Yeas: Cooper, Crowfoot, Mael, Norton, Poncelow, and Wawro. Nays: None. THE MOTION CARRIED. Transfer of Ownership of Spring Creek Liquors, 1005 West Stuart #A3, and Trade Name Change to Creekside Liquors, Approved Satinger Oberoi, applicant, stated funds to purchase the business are derived from his personal savings. He acknowledged that he has no prior experience in the liquor industry. He spoke of his efforts to familiarize himself with the liquor code and noted he has received training from Officer Tellez. He stated he will be on the premises at all times. Mr. Oberoi stated it will be his policy to check the ID of anyone who appears to be under the age of 30. He indicated he will not have any employees in the beginning, but indicated that he will train any future employees. Authority member Poncelow made a motion, seconded by Authority member Crowfoot, to approve the transfer of ownership of Spring Creek Liquors, 1005 West Stuart #A3, from Majic, Inc. to Satinger Oberoi, and trade name change to Creekside Liquors. Yeas: Cooper, Crowfoot, Mael, Norton, Poncelow, and Wawro. Nays: None. THE MOTION CARRIED. • • October 23, 1991 Show Cause Hearing for Spring Creek Bar and Grill. 1006 Spring Creek Lane Assistant City Attorney John Duval stated that a stipulation agreement with regard to the violation had been reached. He outlined the provisions of the agreement as follows: 1. The licensee stipulates to the violation of selling to an underage person. 2. The license will be suspended for 7 days, with 5 days held in abeyance for a period of one year providing that no further violations of the liquor code occur within that period, and 2 days actively served. In lieu of serving the 2-day suspension, the licensee agrees to pay a fine of $250. 3. The licensee will send all personnel involved in the sale of alcoholic beverages to a liquor law education class within the next 60 days. 4. The licensee will purchase a liquor and beer code and regulation book within 30 days and maintain it on the establishment. Elizabeth Bartek, manager of Spring Creek Bar and Grill, stated she personally trains the employees at the establishment. She indicated that the waitress who was cited for the violation was new and still in training. She spoke of the carding policies at the premises. Authority member Cooper made a motion, seconded by Authority member Norton, to approve the stipulation agreement as outlined by the Assistant City Attorney. Yeas: Cooper, Crowfoot, Mael, Norton, Poncelow, and Wawro. Nays: None. THE MOTION CARRIED. Show Cause Hearing for Old Town Ale House, 25 Old Town Square, Postponed Authority member Mael pointed out that the Authority had received a request from the attorney representing the licensee to postpone this hearing to allow additional time for negotiation with the City Attorney's Office. Authority member Norton made a motion, seconded by Authority member Crowfoot, to postpone the show cause hearing for Old Town Ale House, 25 Old Town Square, to the November 20, 1991 meeting. Yeas: Cooper, Crowfoot, Mael, Norton, Poncelow, and Wawro. Nays: None. THE MOTION CARRIED. October 23, 1991 Other Business Consideration of an Application from J.B.M.P., Inc. for a Temporary Permit at Spirits. 2601 South Lemay #18, Approved Gary Johnson and James Petroff introduced themselves as the parties in J.B.M.P., Inc. In response to questions from the Authority, Mr. Johnson explained his ownership interest in a retail liquor store in Longmont. He stated he has submitted the necessary paperwork to the City Clerk's Office in Longmont to remove himself from that liquor license. He noted Longmont will approve that transaction prior to the Fort Collins Authority considering the application for transfer of ownership in November. He indicated that he has resigned from the Longmont corporation and sold his shares to the manager of the Longmont store. Mr. Johnson stated Mr. Petroff will manage the store. He responded to questions regarding a DWAI conviction in 1989. Authority member Cooper made a motion, seconded by Authority member Norton, to approve a temporary permit for J.B.M.P., Inc. at Spirits, 2601 South Lemay #18. Yeas: Cooper, Crowfoot, Mael, Norton, Poncelow, and Wawro. Nays: None. 11191aLil I$to]`I01.1:1:] IAPIP Show Cause Hearing for Coco Loco Tagueria and Cantina. 134 South College Kurt Thompson, part owner of Coco Loco Taqueria and Cantina, introduced himself. Assistant City Attorney John Duval stated a stipulation agreement with regard to the violation had been reached. He outlined the provisions of the agreement as follows: 1. The licensee stipulates to the violation of selling to an underage person. 2. The license will be suspended for 7 days, with 5 days held in abeyance for a period of one year providing that no further violations of the liquor code occur within that period, and 2 days actively served. In lieu of serving the 2-day suspension, the licensee agrees to pay a fine of $200. 3. The licensee will send all personnel involved in the sale of alcoholic beverages to a liquor law education class within the next 60 days. 4. The licensee will purchase a liquor and beer code and regulation book within 30 days and maintain it on the premises. • • October 23, 1991 Authority member Cooper made a motion, seconded by Authority member Crowfoot, to approve the stipulation agreement for Coco Loco Taqueria and Cantina, 134 South College. Yeas: Cooper, Crowfoot, Mael, Norton, Poncelow, and Wawro. Nays: None. THE MOTION CARRIED. Police Report Authority member Cooper pointed out an ad in a local newspaper which advertises penny beers at Fort Ram. Ms. Gibson noted the Police Department closely watches the activities at Fort Ram. The Authority discussed whether a letter should be sent to Fort Ram expressing concern about the ad. Authority member Norton made a motion, seconded by Authority member Crowfoot, to send a letter of concern to Fort Ram regarding their advertising policies. Authority member Cooper questioned whether the Authority and/or staff should clip advertisements of this type and place them in establishment files for future use. Assistant City Attorney John Duval stated he would have to research the question. He expressed concern about the Authority using such information as an aggravating circumstance in determining what penalty to issue in a show cause hearing. Following further discussion between the Authority and staff, the vote on Authority member Norton's motion to send a letter of concern to Fort Ram was as follows: Yeas: None. Nays: Cooper, Crowfoot, Mael, Norton, Poncelow, and Wawro. THE MOTION FAILED. The Authority discussed the legality of compliance checks. Assistant City Attorney Duval stated there is a state statute that permits the police to engage in activities that otherwise might be considered a violation of the law if it is in the performance of their duty to enforce the law. Assistant City Attorney Duval advised the Authority of the status of the Old Town Ale House appeal. 0 October 23, 1991 Request from ShowBiz Pizza Time, Inc., dba Chuck E. Cheese's, 105 West Prospect, to Change. Alter. or Modify the Premises. Postponed (Secretary's Note: A representative of ShowBiz Pizza Time, Inc. was not able to attend this meeting.) Authority member Norton made a motion, seconded by Authority member Poncelow, to postpone consideration of this item to November 20. Yeas: Cooper, Crowfoot, Mael, Norton, Poncelow, and Wawro. Nays: None. THE MOTION CARRIED. Adjournment Authority member Norton made a motion, seconded by Authority member Crowfoot, to adjourn. Yeas: Cooper, Crowfoot, Mael, Norton, Poncelow, and Wawro. Nays: None. THE MOTION CARRIED. The meeting was adjourned at approximately 7: air son vris ecretary