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HomeMy WebLinkAboutLiquor Licensing Authority - Minutes - 09/25/1991LIQUOR LICENSI Regular Meetn l Council Liaison: Bob Winokur I Staff Liaison: Rita Knoll Harris A regular meeting of the Liquor Licensing Authority was held on Wednesday, September 25, 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 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. This is a request from Slappey Mountain Enterprises, Inc., the beer and wine licensee for Western Sizzlin Steak House, 1100 West Drake, to change the trade name of the establishment to Slappey's, A Restaurant. 2. Report of Change ofCorporate Structure for Baia-Mex Restaurants. Inc.. A. Pescado Bay, 1111 West Elizabeth. B. Pescado Bay, 755 South Lemay #D3. Baja-Mex Restaurants, Inc., the hotel -restaurant licensee for the Pescado Bay restaurants at 1111 West Elizabeth and 755 South Lemay #D3, is reporting a change in stock ownership. Ronald Ritter now holds 25% percent of the stock in the corporation. • • September 25, 1991 3. Report of Change of Corporate Structure for CooperSmith Brewing Company. dba CooperSmith's Pub and Brewing. #5 Old Town Square. CooperSmith Brewing Company, the hotel -restaurant licensee for CooperSmith's Pub and Brewing, #5 Old Town Square, is reporting a change in stock ownership. An employee of the company, Theo Otte, has been issued 200 shares (2%) of stock. Authority member Crowfoot made a motion, seconded by Authority member Norton, 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. Report of Change of Manager for Schrader's Country Store #110, 4524 South College, Not Approved Adam Dees, manager, responded to questions from the Authority regarding the arrests and convictions listed on his application. He spoke about his duties while assistant manager at Schrader's from 1989 to August of 1991. He indicated his training included attending Officer Ernie Tellez's class in September. He noted he has also attended alcohol awareness classes as a result of his DUI's. He stated there have been no violations at the store since he's been assistant manager. He indicated Schrader's cards people who look 35 and under. He noted he works from 4:30 a.m. to 6:00 p.m. and supervises 12 employees. Authority member Norton made a motion, seconded by Authority member Mael, to approve Adam Dees as manager of Schrader's Country Store #110, 4524 South College. Authority member Poncelow stated she would vote against the motion because of the number of alcohol -related arrests. She indicated she believed these weren't acceptable for a person who would manage an establishment where a number of people his same age would be attempting to purchase liquor. Yeas: Norton. Nays: Cooper, Crowfoot, Mael, Poncelow, and Wawro. THE MOTION FAILED. Consideration of an Application from the Junior League of Fort Collins for a Special Events Permit at the Lory Student Center, Approved Helen Gray, representing the Junior League, identified herself. Authority member Norton stated she knows Ms. Gray and noted she did not believe that it would affect her decision in this matter. • • September 25, 1991 Ms. Gray stated this was the sixth year for the event and the first year it will be held at CSU. She noted it is a fundraiser with luncheon/dinner and fashion shows. She indicated that Toast of the Town will provide bartending services. She stated that the bartenders will assist Junior League members with the carding procedures. Authority member Norton made a motion, seconded by Authority member Crowfoot, to approve the application from the Junior League of Fort Collins for a special events permit at the Lory Student Center on November 9, 1991. Yeas: Cooper, Crowfoot, Mael, Norton, Poncelow, and Wawro. Nays: None. THE MOTION CARRIED. Request from B&B's Pickle Barrel, Inc., dba B&B's Pickle Barrel, 122 West Laurel, to Change, Alter, or Modify the Premises, Found Substantial and Approved Robert Piccaro, vice-president of the corporation, stated they wanted to remodel the existing premises to increase seating and add the adjacent tenant space where they would like to build a small pub. He noted they planned to close at 11:00 p.m. or midnight. He stated they would like to be able to have alcoholic beverages available in the pub separate from in the deli. He indicated they have been serving beer and wine in the deli for over 3 years with no problems. He approached the Authority with his plans. He stated the addition would be approximately 350 square feet requiring remodeling. Authority member Norton made a motion, seconded by Authority member Crowfoot, to find that the proposed modification of B&B's Pickle Barrel, Inc., dba B&B's Pickle Barrel, 122 West Laurel, is substantial. Yeas: Cooper, Crowfoot, Mael, Norton, Poncelow, and Wawro. Nays: None. Ii:IBiu 116 � U"I Robert Piccaro was sworn. Authority member Poncelow made a motion, seconded by Authority member Mael, to hold a hearing in October for the proposed modification of B&B's Pickle Barrel, Inc., dba B&B's Pickle Barrel, 122 West Laurel. Authority member Wawro stated he believed Mr. Piccaro should present his evidence at this time if he was ready. Authority member Norton indicated she would not support the motion because she believed Mr. Piccaro had a schedule and financial need that the Authority should be aware of. Mr. Piccaro stated that the beer and wine which they have been serving have been a large part of their nighttime sales, and he believed it would not change the character of the establishment. He indicated there have been no problems in their 3 years of serving liquor. • • September 25, 1991 The vote on Authority member Poncelow's motion to schedule a hearing in October was as follows: Yeas: Poncelow. Nays: Cooper, Crowfoot, Mael, Norton, and Wawro. THE MOTION CARRIED. Mr. Piccaro spoke about the letters of support and approval he has received from area businesses and presented them to the Authority. He noted again the good record the establishment has had and that sales are requiring they have more space to grow. He indicated he will be training his present staff as bartenders and they will be tough in the carding policy. He stated the only entertainment they would ever have would be acoustic sit-ins for 20 to 30 people --no bands. Assistant City Attorney John Duval identified Exhibit A as 7 letters and stated they were admissible into evidence. Mr. Piccaro projected that with the addition of the pub, the total liquor sales would not exceed 20% of gross sales at the very most. He stated they would not be advertising themselves as a pub. Upon questioning from the Authority, he emphasized the importance he and his staff put on carding and making sure they aren't serving minors. Authority member Cooper made a motion, seconded by Authority member Crowfoot, to approve the proposed modification of B&B's Pickle Barrel, Inc., 122 West Laurel. Yeas: Cooper, Crowfoot, Mael, Norton, Poncelow, and Wawro. Nays: None. THE MOTION CARRIED. Transfer of Ownership of Nightingales, 934 South Lemay, and Trade Name Change to Peoples Bar, Approved Doug Konkel, attorney representing Peoples Bar, Inc., described the events leading up to this application. He stated Peoples Bar, Inc., sold the business to Richard Swan, who formed Nightingales, Inc., and who operated in the licensed premises until approximately August 20 under a sublease. He indicated that Peoples Bar, Inc., was liable on the original master lease and has a security interest in the business assets at that premises. He noted Mr. Swan defaulted on the sublease and moved the business to 1437 East Mulberry and applied for a change of location. Mr. Konkel stated his clients were then faced with having to take over the premises and trying to generate enough business there to pay the lease to the landlords. He noted Peoples Bar, Inc., obtained a temporary permit and are here to have the final change of ownership processed. Richard Swan, owner of Nightingales, 1437 East Mulberry, stated that when his 1- year sublease expired, Peoples Bar would not renew but wanted him to go on month - to -month tenancy. He noted he looked for a new location for his business and received a new license at the Mulberry premises, relinquishing the old license on Lemay. He indicated he was not notified that an application for transfer of the license at Lemay was pending but found out by accident. He stated he opposed the transfer of license. He asked the Authority to accept the relinquishment of • September 25, 1991 his license on Lemay, thereby requiring Peoples Bar, Inc., to apply for a new license. Authority member Crowfoot made a motion, seconded by Authority member Norton, to approve the transfer of ownership of Nightingales, 934 South Lemay, from Nightingales, Inc., to Peoples Bar, Inc., and trade name change to Peoples Bar. Assistant City Attorney John Duval pointed out that the Authority is transferring the ownership of the license, not the business. The vote was as follows: Yeas: Cooper, Crowfoot, Mael, Norton, Poncelow, and Wawro. Nays: None. THE MOTION CARRIED. Consideration of Petitions for Permission to Pay a Fine in Lieu of Suspension of the Hotel -Restaurant License at Old Town Ale House, 25 Old Town Square, Approved Drake Johnson, attorney representing Old Town Ale House, introduced himself and Troy Fetters, owner/manager of Old Town Ale House. Assistant City Attorney John Duval advised the Authority that it needed to determine (1) whether to stay the period of suspension that has already been imposed and issue an order that information be gathered to be presented at the next meeting in terms of sales for the past year, and (2) at the next meeting determine from those average sales what the fine would be and determine whether to grant the fine in lieu of suspension. (Secretary's Note: Because they were not present at the original show cause hearing and because minutes have not been prepared, Authority members Cooper and Wawro withdrew for lack of knowledge of this item.) Assistant City Attorney John Duval advised the Authority of the legal criteria for denying the stay of the suspension (that the public welfare and morals would be impaired or that, by allowing the stay, the desired disciplinary purposes would not be achieved). Authority member Poncelow made a motion, seconded by Authority member Crowfoot, to deny the stay of the 7-day suspension on the first violation of Section 12-47- 128(5)(a)(II)(A). Authority member Crowfoot stated she is opposed to the stay because the fine does not address the severity of the penalty being imposed. The vote was as follows: Yeas: Crowfoot, Mael, Norton, and Poncelow. Nays: None. (Authority members Cooper and Wawro withdrawn) THE MOTION CARRIED. September 25, 1991 Authority member Crowfoot made a motion, seconded by Authority member Norton, to deny the stay of the 10-day suspension on the second violation of Section 12-47- 128(5)(h). Authority member Crowfoot stated she is opposed to this stay for the same reasons. Authority member Poncelow stated that she believed the original penalty was assessed because the Authority considered carefully the purpose it wanted to achieve by setting a certain number of days in suspension and a few in abeyance, thus hoping to gain compliance with the laws. The vote was as follows: Yeas: Crowfoot, Mael, Norton, and Poncelow. Nays: None. (Authority members Cooper and Wawro withdrawn) THE MOTION CARRIED. Hearing on a New Application for a Hotel -Restaurant License at Dragon Gate Restaurant of Fort Collins, 2427 South College, Approved Zachary Wilson, attorney representing the applicant, stated the applicant is currently operating a Chinese restaurant at this location. He indicated the applicant is applying for a license because the former owner allowed her license to expire. Max Scott, Oedipus, was sworn. He described the petitioning process and approached the Authority with his Exhibits. Assistant City Attorney John Duval identified Applicant's Exhibit A as a summary of the petition results and Exhibits B and C as the petitions. He stated Exhibits A, B, and C were admissible into evidence. Mr. Scott stated there were 131 signatures and 1 verbalization in favor of the license and 18 signatures and 2 verbalizations in opposition. Mr. Wilson noted his clients have been in the restaurant business for a long time and are aware of the carding and training procedures necessary in holding a liquor license. He introduced his clients, David Dang and his wife, Vivian Chow. Upon questioning from the Authority, Mr. Wilson stated his clients had no problem with the written English language. He noted that since Mr. Dang and Ms. Chow have family members working as their restaurant employees, language is no problem in training them in the liquor laws. He indicated Ms. Chow will be doing most of the carding as well as pouring the alcoholic beverages. The Authority encouraged the applicants to attend the Police Services training on serving alcohol. Mr. Wilson stated the restaurant has a service bar only. Authority member Poncelow made a motion, seconded by Authority member Cooper, to adopt Resolution 91-10 approving the application for a hotel -restaurant license at Dragon Gate Restaurant of Fort Collins, 2427 South College. Yeas: Cooper, Crowfoot, Mael, Norton, Poncelow, and Wawro. Nays: None. • • September 25, 1991 THE MOTION CARRIED. Hearing on a New Application for a Hotel -Restaurant License at Perico's Classic Mexican Dining, 123 North College, Suite 150 Authority member Crowfoot made a motion, seconded by Authority member Norton, to table this item to the October meeting. Yeas: Cooper, Crowfoot, Mael, Norton, Poncelow, and Wawro. Nays: None. Show Cause Hearing for The Armadillo, 354 Walnut Assistant City Attorney John Duval indicated that a stipulation agreement with regard to the violation had been reached. He stated this agreement is a little different from the usual because it is the third violation for this establishment. He noted, however, that the first two violations occurred in 1979 and 1981, and that there haven't been any violations since 1981. He indicated the licensee stipulated to the violation, and has agreed to a 10-day suspension with 6 days held in abeyance for a period of one year and 4 days actively served. He noted that in lieu of serving the 4-day suspension, the licensee agrees to pay a fine of $620. He pointed out that paragraph 5 of the stipulation agreement states that in the event that there is a violation of the stipulation or the Colorado Liquor Code within this 1-year period, the Authority may impose the 6 days held in abeyance, but instead of an actual suspension, the agreement calls for the licensee to pay a fine of $175 per day, for a total of $1050. He indicated the licensee has also agreed that within 60 days of approval of this stipulation, all of their personnel at this location involved in the sale and service of liquor will attend the Police Services class on liquor law, and within 30 days the licensee will purchase a liquor and beer code book. Authority member Poncelow questioned the reasoning for paragraph 5 of the stipulation. Mr. Duval stated it was a negotiated point. fine comes from 20% of the licensee's gross day in the event gross sales increase in the does have a fourth violation within the suspension imposed actively and will not be suspension. He explained that the amount of the daily sales for liquor plus $20 per next year. He noted if the licensee fear, they will have to serve any able to pay another fine in lieu of Authority member Crowfoot made a motion, seconded by Authority member Cooper, to accept the stipulation agreement as outlined by the Assistant City Attorney. Yeas: Cooper, Crowfoot, Mael, Norton, Poncelow, and Wawro. Nays: None. THE MOTION CARRIED. • September 25, 1991 Show Cause Hearing for Coco Loco Taqueria and Cantina. 134 South College Assistant City Attorney John Duval stated there might be a problem with the stipulation agreement because faro Nojoumi was never registered as manager of the establishment. Mr. Duval expressed concern about the Authority entering into the stipulation agreement since Mr. Nojoumi might not have authority on behalf of Coco Loco to do so. He noted that Mr. Nojoumi might have to register as manager and then come back at the next meeting to get this approved. Mr. Nojoumi stated he took over as acting manager shortly after the violation occurred and explained why he had not registered yet, but that he expected to do so soon. Mr. Duval stated again he believed it would be better to wait until those who had authority to sign the stipulation could do so. Authority member Crowfoot made a motion, seconded by Authority member Norton, to table the item until the next meeting. Yeas: Cooper, Crowfoot, Mael, Norton, Poncelow, and Wawro. Nays: None. THE MOTION CARRIED. Police Report Police Investigator Sandy Gibson requested the Authority find that probable cause exists to hold a show cause hearing for The Junction for a violation of Regulation 47-128.8 of the Colorado Liquor Code. Authority member Crowfoot made a motion, seconded by Authority member Cooper, to find that probable cause exists to schedule a show cause hearing for The Junction, 518 West Laurel, and to authorize staff to issue any necessary subpoenas to witnesses for the hearing. Yeas: Cooper, Crowfoot, Mael, Norton, Poncelow, and Wawro. Nays: None. THE MOTION CARRIED. Other Business AAnOication for Temporary Permit Yvonne Fong, daughter of the applicant, stated her father is the new owner of the Mandarin Chinese Restaurant, 1720 West Mulberry. She indicated the operation of the establishment has not changed. She noted liquor is served on the floor, and there are no plans for adding a bar. Authority member Poncelow made a motion, seconded by Authority member Norton, to approve the temporary permit at Mandarin Chinese Restaurant, 1720 West Mulberry. Yeas: Cooper, Crowfoot, Mael, Norton, Poncelow, and Wawro. Nays: None. 0 0 September 25, 1991 THE MOTION CARRIED. 1992 Meeting Schedule Authority member Poncelow made a motion, seconded by Authority member Mael to adopt the meeting schedule for 1992 as proposed by The City Clerk's Office. Yeas: Cooper, Crowfoot, Mael, Norton, Poncelow, and Wawro. Nays: None. THE MOTION CARRIED. Adjournment Authority member Cooper made a motion, seconded by Authority member Norton, to adjourn. Yeas: Cooper, Crowfoot, Mael, Norton, Poncelow, and Wawro. Nays: None. I1:I�lulij/(�Lti7_C�il�ill The meeting was adjourned at approximately 8:25 r /Cha' erson TOi J �1115 Secretary