Loading...
HomeMy WebLinkAboutLiquor Licensing Authority - Minutes - 07/24/1991LIQUOR LICENSING AUTHORITY MINUTES Regular Meeting — July 24, 1991 6:30 p.m. A regular meeting of the Liquor Licensing Authority was held on Wednesday, July 24, 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 Report of Change of Manager for Western Sizzlin. 1100 West Drake Road, Approved Secretary Rita Harris stated the last manager of record at Western Sizzlin is no longer employed there and noted this item is necessary to list the owner as the manager of record. Authority member Norton made a motion, seconded by Authority member Crowfoot, to approve James Slappey as manager of Western Sizzlin, 1100 West Drake Road. Yeas: Cooper, Crowfoot, Mael, Norton, Poncelow, and Wawro. Nays: None. THE MOTION CARRIED. Registration of Steven Cox as Manager of Washington's Bar and Grill. 132 West LaPorte, Approved Steven Cox, manager, stated he has worked for the parent corporation, Grand American Fare, Inc., for 3 years at 3 different establishments. He stated he was an assistant manager at each of those establishments and noted there were no violations at any of those establishments. He spoke of training he has received and described training provided to employees. Mr. Cox noted he is compensated with a percentage of the gross sales at the establishment, not just liquor sales. He stated it would not be in his best interest to commit a liquor violation because a suspension would affect the overall gross sales. He indicated he did not plan to make any operational changes at the establishment and spoke of the strict carding policies at the establishment. He noted that a doorman is on duty every night of the week. Authority member Mael made a motion, seconded by Authority member Norton, tc approve Steven Cox as manager of Washington's Bar and Grill, 132 West LaPorte. Yeas: Cooper, Crowfoot, Mael, Norton, Poncelow, and Wawro. Nays: None. THE MOTION CARRIED. July 24, 1991 Registration of Greg Garfield as Manager of Fort Ram, 450 Linden, Approved Greg Garfield, manager, spoke of his previous experience with alcohol sales. He indicated he was previously the owner of The Bench, a bartender/manager at Rooster Cogburn's, and manager at Spring Creek Bar and Grill. He stated he began working at Fort Ram in April, 1989 as a bartender, and then became assistant manager. He stated he became the general manager 3 months ago. In response to a question from the Authority, Mr. Garfield described the establishment's policy with regard to handling fights. He stated if a fight occurs, the manager is notified and the police are called anytime physical contact has occurred. Mr. Garfield stated when he was owner of The Bench, there was one violation for serving a person under the legal age. He stated the policy at Fort Ram is to card everyone. He indicated he did not plan to make any changes at the establishment. Authority member Cooper made a motion, seconded by Authority member Norton, to approve Greg Garfield as manager of Fort Ram, 450 Linden. Yeas: Cooper, Crowfoot, Mael, Norton, Poncelow, and Wawro. Nays: None. THE MOTION CARRIED. Consideration of an Application from the Overland Sertoma Club for a Special Events Permit at Library Park, Approved Robert Deakin, event manager, explained the Club's plans for the event. He stated this is the first year that the Overland Sertoma Club has assumed total responsibility for the beer garden at New West Fest. He indicated this is the third year for the beer garden and noted that the Foothills Sertoma Club obtained a permit for the first 2 years. He stated the Overland Sertoma Club assisted the Foothills Club for the first 2 years. Mr. Deakin stated beer will be sold by the mug from a stand within the licensed premises. He stated this year will include a new activity, which is a western dance to be held on Saturday night. He stated there will be extra staff on duty for the dance. Mr. Deakin stated solid barricades will be used this year rather than the tape that was used in previous years. He stated employees from Bennigan's will be serving the beer during the dance and noted pitchers will be served only during the dance. Mr. Deakin noted there have been no violations during previous years. He stated plastic bracelets will be used to identify those individuals who have been ID'd and are eligible to drink. He stated that Club members currently contract with the Marriott to serve beer at CSU football games and spoke of the training Club members have received. Authority member Cooper made a motion, seconded by Authority member Crowfoot, to approve a Special Events Permit for the Overland Sertoma Club on August 17 and 18, 1991 in Library Park. Yeas: Cooper, Crowfoot, Mael, Norton, Poncelow, and Wawro. Nays: None. THE MOTION CARRIED. July 24, 1991 Consideration of an Application from the Colorado Vocational Association for a Special Events Permit at the Lory Student Center, Approved Sidney Koon, executive director of the Colorado Vocational Association, described the event and noted this same event has been held in previous years. He stated there will be a dance after an awards banquet for vocational educators attending a conference at CSU. He stated the event will be held in the main ballroom at CSU. Mr. Koon stated boardmembers will be bartending for the event. He indicated drink tickets will be sold by cashiers and stated the cashiers will check ID's. Authority member Crowfoot made a motion, seconded by Authority member Cooper, to approve a Special Events Permit for the Colorado Vocational Association on August 14, 1991 at the Lory Student Center. Yeas: Cooper, Crowfoot, Mael, Norton, Poncelow, and Wawro. Nays: None. THE MOTION CARRIED. Request from County Cork, Inc., dba County Cork, 313 West Drake, to Change, Alter, or Jake Maas, owner, described the changes that have been made to the establish- ment. He stated the Fire Department had some concerns about egress from the building, even though the building did meet fire code standards. He stated based on the Fire Department's concerns he decided to build a patio deck above the existing patio. He stated the lower patio area hasn't been used much because it is awkward to get to and the only entrance is through a private party room. Mr. Maas indicated that the new patio deck represents a 10% increase in capacity. He stated an additional buffer has been added to the existing patio to make the walls 7 1/2 feet high. He noted that the new patio deck has increased the food business at the establishment. He stated the patio is used 4-5 months out of the year. Mr. Maas stated he was not aware of the requirement to seek prior approval from the Liquor Licensing Authority and indicated he thought that the Building Department approval was sufficient. Authority member Mael made a motion, seconded by Authority member Norton, to find that the modification of the County Cork, 313 West Drake, is substantial. Yeas: Cooper, Crowfoot, Mael, Norton, Poncelow, and Wawro. Nays: None. THE MOTION CARRIED. Mr. Maas stated he was prepared to have a hearing at this meeting. Authority member Norton made a motion, seconded by Authority member Crowfoot, to hold a hearing at this time. Yeas: Cooper, Crowfoot, Mael, Norton, Poncelow, and Wawro. Nays: None. THE MOTION CARRIED. July 24, 1991 Jake Maas was sworn. He submitted for the Authority's consideration a letter of support, marked as Applicant's Exhibit A, from Eric Pettine, 333 West Drake Road. Assistant City Attorney John Duval stated Applicant's Exhibit A is admissible into evidence. He stated the letter included in the Authority's agenda from Barry Cunningham, 2625 Redwing Road, is also admissible into evidence as Applicant's Exhibit B. In response to questions from the Authority, Mr. Maas stated he has received positive comments from business neighbors and noted he had not received any phone calls or written complaints of any kind. Authority member Mael made a motion, seconded by Authority member Crowfoot, to approve the modification of the County Cork, 313 West Drake Road. Yeas: Conner_ Crowfoot. Mael. Norton. Poncelow. and Wawro. Nays: None. THE MOTION CARRIED. Request from Northern Dining and Bar Bazaar and Old Colorado Brewing Company, Inc., dba Northern Dining and Bar Bazaar and Old Colorado Brewing Company and Gonzalo's Restaurant, 172 North College, to Change, Alter, or Modify the Premises. Found Substantial and Approved Bill Starke, owner, stated he is seeking approval to decrease the size of the licensed premises by removing a major portion of the mezzanine from the licensed premises. He stated he will be leasing out a portion of the mezzanine for a non-alcoholic coffee house/nightclub. He stated a banquet room and office on the second floor will remain as a part of the licensed premises. He stated there has been no activity in the area to be removed in the last 15 months. He addressed the Authority's concerns about alcohol from the licensed premises being taken into the unlicensed portion of the mezzanine. He noted the coffee house will have its own entrance at 166 North College. Authority member Crowfoot made a motion, seconded by Authority member Mael, to find that the proposed modification of the Northern Dining and Bar Bazaar and Old Colorado Brewing Company and Gonzalo's Restaurant, 172 North College, is substantial. Yeas: Cooper, Crowfoot, Mael, Norton, Poncelow, and Wawro. Nays: None. THE MOTION CARRIED. Authority member Norton made a motion, seconded by Authority member Crowfoot, to hold a hearing at this time. Yeas: Cooper, Crowfoot, Mael, Norton, Poncelow, and Wawro. Nays: None. THE MOTION CARRIED. July 24, 1991 Bill Starke, owner, was sworn. He spoke of the need for social activities on non-alcoholic premises. He stated he has not received any comments from the neighborhood about the proposal. Authority member Cooper made a motion, seconded by Authority member Crowfoot, to approve the modification of the Northern Dining and Bar Bazaar, 172 North College. Yeas: Cooper, Crowfoot, Mael, Norton, Poncelow, and Wawro. Nays: None. THE MOTION CARRIED. Hearing on a New Application for a Beer and Wine License at Pulcinella Ristorante/ Pizzeria, 2100 West Drake #2. Approved Mary Race and Mario Visco, owners, were sworn. Ms. Race described the process used to petition the relevant neighborhood. Assistant City Attorney John Duval stated he had examined the petition and summary document and that they were admissible into evidence. Applicant's Exhibit A, identified as a petition circulated on behalf of the application, and Applicant's Exhibit B, identified as a summary of the petition results, were admitted into evidence. Ms. Race stated she personally circulated the petition. She indicated she received 255 signatures in favor of the application. She noted she deleted 2 signatures because the individuals were under the age of 21. She stated she also obtained 16 signatures from customers at the establishment. Ms. Race stated she received an excellent response from the people she contacted and noted there seems to be a great need for a restaurant of this type in the area. She stated 12-15 people did not sign the petition because their own personal beliefs on the consumption of alcohol made them feel uncomfortable about signing the petition. Assistant City Attorney John Duval advised the Authority that he had stricken 1 signature from the petition because the individual did not list an age. In response to a question from the Authority, Mr. Visco stated he is not a U.S. citizen. Ms. Race stated the restaurant seats approximately 33 people and noted there are plans to add a patio at a later time that will have 4 tables. She stated she brought a menu with her. With the consent of the Assistant City Attorney, Applicant's Exhibit C, identified as a menu, was admitted into evidence. Ms. Race stated they opened on Saturday and have had a large volume of patrons. She stated the atmosphere is that of a small Italian bistro and stated there will be a small selection of Italian wines and a few beer selections. She July 24, 1991 stated the establishment will be open until 10 p.m. on weekdays and 11 p.m. on Friday and Saturday. Ms. Race indicated she was unable to estimate what percentage of the revenues will be alcohol sales. She stated the staff at the establishment is very limited and noted two of the waiters have prior experience. She spoke of the training that will be provided to employees. She indicated that when the patio is put in, an employee will be posted on the patio at all times to monitor alcohol consumption. In response to a question from the Authority, Mr. Duval stated it is not necessary for an applicant to be a U.S. citizen. Ms. Race acknowledged that she and Mr. Visco had no prior experience with the sale of alcoholic beverages. She noted she has prior management experience and noted she will use those skills to run the restaurant. She stated she has reviewed the liquor laws. Mr. Visco spoke of his involvement in the restaurant. He stated he will be at the establishment on the weekends and possible 1 or 2 evenings during the week. He stated he will continue to live and work in Boulder. In response to questions from the Authority, Mr. Race spoke of 2 DWAI's on her record and spoke of therapy she received as a result of those violations. She stated she has learned from those experiences and is now going on with her life. She stated she did believe she would have a problem selling alcohol to others. Michael Mockler, 526 Remington, stated he would like to speak in support of the application. Assistant City Attorney John Duval questioned Mr. Mockler to determine if he qualified as a party -in -interest. He determined that Mr. Mockler was not a party -in -interest and should not be allowed to testify. Debbie Tamlin, manager of the shopping center where the establishment is located, was sworn. She stated the establishment opened on Saturday and commented that the establishment is run very professionally. Authority member Wawro made a motion, seconded by Authority member Crowfoot, to adopt Resolution 91-07 approving the application for a hotel -restaurant license at Pulcinella Ristorante/Pizzeria, 2100 West Drake #2. Yeas: Cooper, Crowfoot, Mael, Norton, Poncelow, and Wawro. Nays: None. THE MOTION CARRIED. Show Cause Hearing for Get It and Go. 1005 West Stuart #A4 Connie Weidel was sworn. She stated she was willing to stipulate that the violation did occur. Assistant City Attorney John Duval stated there may be a problem with representation because the licensee is Paul Weidel. July 24, 1991 Ms. Weidel stated she is Paul Weidel's wife and noted he was not present due to illness. Mr. Duval stated he was concerned about Ms. Weidel making any stipulations that would be binding upon the licensee. He stated any decision made by the Authority could possibly be overturned because Ms. Weidel has no authority to represent the licensee in this matter. Following discussion, Authority member Mael made a motion, seconded by Authority member Crowfoot, to postpone the show cause hearing to August 28, 1991. Yeas: Cooper, Crowfoot, Mael, Norton, Poncelow, and Wawro. Nays: None. THE MOTION CARRIED. (Secretary's Note: Authority member Poncelow left at this point.) Show Cause Hearing for Old Town Liquors. 238 East Mountain Authority member Cooper withdrew from consideration and vote on this item due to a perceived conflict of interest. Mary Chung, owner, Fort Collins Police Officer Kay Konerza, and Sheriff's Deputy Mitch Thomas, were sworn. Mary Chung stated she did admit that the violation occurred and indicated she wanted to explain the circumstances. Authority member Norton made a motion, seconded by Authority member Crowfoot, to find that a violation did occur at Old Town Liquors, 238 East Mountain, on March 8, 1991. Yeas: Crowfoot, Mael, Norton, and Wawro. Nays: None: (Authority member Cooper withdrawn) Mary Chung spoke of the history of the ownership of the liquor store. She spoke of training that is provided to employees and noted that checking ID's is stressed to the employees. She stated in this incident, a person who appeared to be underage came into the store to buy liquor. She stated the clerk asked for an ID and the person did not have any. Ms. Chung stated the clerk told the person he could not sell him liquor because he did not have an ID. She indicated the person then left the store. She stated a friend of the clerk who was in the store offered to buy the liquor. She indicated because the clerk knew the friend was over 30 years of age, he sold the liquor to the friend. She stated the clerk found out later that the friend gave the liquor to the underage person, who turned out to be a police undercover agent. She noted the clerk did ID the person and refused to sell to him. She admitted that the violation occurred and asked the Authority to be lenient. Officer Kay Konerza testified that on March 8 she was advised that Detectives Mitch Thomas and Rick Russell of the Larimer County Sheriff's Department had a 19-year-old confidential informant who had purchased alcohol from Old Town July 24, 1991 Liquors in the past and was willing to go into the establishment wearing a hidden microphone to conduct a controlled purchase of alcohol. She stated she was asked to assist the Sheriff's Department, and noted that because she was in full uniform and a marked car she was not able to observe the events. She stated she was informed at 10:30 p.m. that the purchase had occurred and that the confidential informant was taken to the Sheriff's Department to make a written statement. Officer Konerza stated the confidential informant identified the sales clerk as a man named Kelly and gave a physical description of the man which matches the description of the man seated in the audience. She stated they contacted the clerk who identified himself as Kelly Farley and they informed Mr. Farley that a violation had occurred. She indicated Mr. Farley showed them a letter the establishment had recently received for passing an earlier compliance check. She stated Mr. Farley was issued a summons for unlawfully permitting the procuring of a malt liquor to a person under the age of 21. Detective Mitch Thomas clarified that the informant was actually 20 years of age at the time of the incident. He stated the informant was searched prior to entering the establishment and the informant was not carrying any identification, controlled substances, or weapons of any type. He stated the informant was carrying the funds given to him by the Sheriff's Department to make the purchase. Detective Thomas stated the informant was equipped with a hidden body transmitter. He stated he was located on the bottom floor of the parking garage directly across the street from Old Town Liquors, where he observed the informant talking with the clerk, Kelly Farley. He stated at no time did the informant leave the store. He stated there was conversation between Mr. Farley and the informant regarding the liquor to be purchased. Detective Thomas stated Mr. Farley offered to give the informant a cold bottle out of the cooler rather than a warm bottle on the shelf. He stated Mr. Farley asked the informant for identification and noted the informant stated he did not have any identification. He stated Mr. Farley then stated he couldn't sell liquor to the informant because he was underage. He stated an unidentified blond male in the store offered to buy the liquor from Mr. Farley and then take it out of the store where he would walk a distance away from the store with the informant to transfer the liquor to him. He stated Mr. Farley placed the liquor in a large paper bag so it looked like groceries and that Mr. Farley stated he would have the blond male walk with the informant out of the store and down the street to make it "look good". He stated the liquor was transferred from the unidentified male to the informant. Detective Thomas stated the blond male was never contacted in order to protect the identity of the informant. Authority member Norton made a motion, seconded by Authority member Wawro, to levy a 1-day suspension to be served within the next 45 days and that the premises be posted. Officer Konerza asked the Authority to take into consideration recent stipulation agreements and noted that those stipulation agreements have provided for a penalty along the lines of a 7-day suspension, with 2 days served and 5 days held in abeyance. Authority members Norton and Wawro withdrew their motion to levy a 1-day suspension. July 24, 1991 Authority member Wawro made a motion, seconded by Authority member Norton, to levy a 7-day suspension, with 5 days held in abeyance for a period of 1 year and 2 days actively served consecutively within the next 45 days and that the premises be posted. Yeas: Crowfoot, Mael, Norton, and Wawro. Nays: None. (Authority member Cooper withdrawn) Police Report Officer Ernie Tellez informed the Authority that he had recently conducted compliance checks at 4 establishments and all 4 establishments failed. He stated those establishments would be scheduled for show cause hearings in the coming months. Adjournment Authority member Norton made a motion, seconded by Authority member Crowfoot, to adjourn. Yeas: Cooper, Crowfoot, Mael, Norton, and Wawro. Nays: None. THE MOTION CARRIED. The meeting was adjourned at approximately 8:25 p.m. nn ,SL a- � � Ow)-� c- Ca c c1-' airperson Secretary