HomeMy WebLinkAboutLiquor Licensing Authority - Minutes - 05/22/1991E
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Regular Meeting - May 22, 1991
6:30 p.m.
Council Liaison: Bob Winokur 11 Staff Liaison: Rita Knoll Harris
A regular meeting of the Liquor Licensing Authority was held on Wednesday, May
22, 1991, in the Council Chambers of the Fort Collins Municipal Building. The
following members were present: Cooper, Crowfoot, Guerrie, Norton, Poncelow,
and Wawro.
Authority Members Absent: Mael
Staff Members Present: Steve Roy, City Attorney
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.
1. Report of Change of Corporate Structure for Metro Oil COmDanv. dba
A. Vicker's #2369, 803 Riverside.
B. Vicker's #2487, 2025 South College.
C. Vicker's #2622, 200 West Horsetooth.
D. Vicker's #2623, 221 West Prospect.
Metro Oil Company, the 3.2% beer licensee for the Vicker's stores in Fort
Collins, is reporting a change of corporate officers and directors.
Ronald Brinkman is replacing Kenneth Pawlowski as secretary/treasurer and
director of the corporation.
2. Report of Chanoe of Corporate Structure for Dillon Companies. Inc.. dba
King Soopers #18, 2325 South College.
Dillon Companies, Inc., the 3.2% beer licensee for King Soopers #18, 2325
South College, is reporting a change of corporate officers and directors.
Frank Remar is replacing Paul Dillon as secretary/treasurer of the
corporation. Paul Dillon is replacing Ray Dillon, Jr. and Richard Dillon
is replacing Joseph Pichler as directors of the corporation.
E
May 22, 1991
3.
Nichol -Co Management, Inc., the tavern licensee for Comedy Works, #7 Old
Town Square, Suite 114, is reporting a change of corporate officers/
directors/shareholders. Glenn Goss is replacing Cynthia Haney as
president of the corporation and Douglas Olson as director and 100%
shareholder. Jerri Batenburg is replacing Douglas Olson as secretary/
treasurer of the corporation.
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, Guerrie, Norton, Poncelow, and Wawro. Nays: None.
THE MOTION CARRIED.
Report of Change of Manager for
Convenience Plus #29, 382 East Mountain
(Secretary's Note: The manager for Convenience Plus #29 did not appear at this
meeting. The item was postponed to the June meeting.)
Report of Change of Manager
for Cottonwood Liquors,
3640 South Mason, Approved
Andrew Johannsen, manager, stated he has been the assistant manager at the
establishment since 1986, and noted he was in charge of night crew training.
He stated he will be responsible for training all employees. He noted the store
policy is to check ID's of everyone. He spoke of training provided to
employees. He indicated there is a pending show cause hearing scheduled for
July, but noted there have been no violations in the 10 years since the store
opened.
Authority member Cooper made a motion, seconded by Authority member Guerrie, tc
approve Andrew Johannsen as manager of Cottonwood Liquors, 3640 South Mason.
Yeas: Cooper, Crowfoot, Guerrie, Norton, Poncelow, and Wawro. Nays: None.
THE MOTION CARRIED.
Consideration of an Application
from the Downtown Business Association
for a Special Events Permit in
Old Town Square on June 29, 1991, Approved
Maggie Kunze, Downtown Business Association Executive Director, stated this is
the second year for this event. She stated all Colorado brewers are invited to
Old Town for a beer tasting/sampling day. She stated the event will run from
11 a.m. to 8 p.m. She indicated local restaurants are invited to participate
• • May 22, 1991
by setting up food booths and noted entertainment will be provided throughout
the day. She stated last year's event was very successful. Ms. Kunze stated
there will be one entrance into the special events area, where ID's will be
checked and bracelets given to those who are of legal drinking age. She stated
mugs will be sold to have the beer poured into, and noted no one will be served
unless they have both a bracelet and a mug. She stated they plan to card anyone
who appears to be under the age of 40. Ms. Kunze stated the Police Department
will conduct a training session for volunteers. She described how the perimeter
of the designated area will be established. She stated the buildings in Old
Town will establish the outside perimeter and noted there are 5 access areas
that will be closed off with tape and be monitored by volunteers. Ms. Kunze
indicated there will be 75-100 volunteers, and noted that store owners within
Old Town Square have agreed to have employees monitor the store entrances so
that beer is not carried into the stores. She stated 15 breweries will be
invited to the event.
Authority member Norton made a motion, seconded by Authority member Crowfoot,
to approve the application of the Downtown Business Association for a special
events permit in Old Town Square on June 29, 1991. Yeas: Crowfoot, Guerrie,
Norton, Poncelow, and Wawro. Nays: Cooper.
THE MOTION CARRIED.
Hearing on a New Application for a
Tavern License at 1307 East Prospect
(the Fort Collins Club). Tabled
Ramsey Myatt, attorney representing Fort Collins Gallery, Ltd., introduced
himself.
Todd Heenan, manager of the Fort Collins Club, was sworn. He stated he will
manage the Gallery if the license is approved, and noted there will be
approximately 10 employees in that area. He described the Fort Collins Club and
its activities. He noted the Club previously had a license for 6 years, but the
license was surrendered to the City by the previous owner. He noted the absence
of a license has hindered participation in the Club's events. He stated the
Club has a social atmosphere, and noted that the events do not include excessive
drinking. He spoke of the clientele at the Club. Mr. Heenan described how
alcohol sales and consumption will be controlled during events. He stated
Officer Tellez will be conducting a training session for staff. He indicated
he is not aware of any prior liquor violations at the Club. Mr. Heenan
described the food served at the Club, noting the menu consists mostly of
sandwiches and salads. He stated all employees serving alcohol will be over the
age of 21.
Mr. Heenan described the petitioning process, and noted he supervised the
petitioning. He stated employees of the Club circulated the petitions, and
noted approximately 440 signatures were obtained in support of the application.
He indicated all of the employees who circulated petitions were present at this
meeting.
• May 22, 1991
Mr. Myatt introduced the employees as Scott Manning, Jim Shackelford, Diane
Lockner, and Jo Turman. He noted Todd Heenan also circulated petitions.
Mr. Heenan indicated very few people declined to sign the petition. He
estimated less than 5% of the people contacted would not sign the petitions.
He stated most people were aware that the Club had a license in the past and
were somewhat baffled about why the applicant had to go through the petitioning
process. He stated that no one indicated they would not sign the petition
because they believed the needs of the neighborhood were already being met by
existing liquor outlets. Mr. Heenan noted each of the petitions was signed in
the presence of the petition circulators. He indicated some of the petitions
were signed at the Club by members who live within the neighborhood boundaries.
City Attorney Steve Roy noted the petitions did not include a place for the age
of each of the signatories. He stated the circulator's verification does
include a statement that each person was over 21 years of age, and pointed out
the testimony already given as to how that indication was made. He stated the
City Code requires that the verification of circulator indicate not only that
the circulator personally witnessed each signature, but to the best of his or
her knowledge each signature is the signature of the person whose name it
purports to be and that the address given opposite the signature is the true
business or residence address of that person. He stated that particular
representation isn't on the verification. He suggested each circulator attest
to that point before the petitions are admitted into evidence. In response to
a question from the Authority, Mr. Roy stated the petitions do not include a
place for a person to mark that they are in opposition. He noted the petitions
were prepared with the representation that by signing the petition the signer
is indicating that he or she desires that the license applied for be granted.
He stated the City Code does not require that the petition provide a place to
sign in opposition.
Mr. Myatt indicated that, from past experience, many people refuse to put their
age. He stated that the Code does not require that the specific age of each
individual be noted, only that the persons must indicate they are over 21. He
noted the circulators told people that by signing the petition they are
representing that they are over 21.
The following petition circulators were sworn:
Scott Manning, 1205 West Plum
Diane Lockner, 5105 Greenway Drive
Jo Turman, 3412 Westminister
Jim Shackelford, 5909 Blue Spruce, Bellevue
(Secretary's Note: The petition circulators were questioned collectively by Mr.
Myatt and answered the questions by responding "Yes" or "No".)
The petition circulators indicated they were familiar with the designated
neighborhood boundaries prior to circulating petitions. The circulators noted
they confirmed that the contacted individual lived within the boundaries before
obtaining a signature. They stated the same procedure was followed for
signatures obtained in the Club. They indicated signatories were asked to read
• May 22, 1991
the top portion of the petition which included a statement, in large print,
about the requirement to be over 21.
Upon questioning from the Authority, the petition circulators stated that some
signatures, those people who signed at the front desk, were not witnessed by the
circulators. They indicated there was no way to separate out those signatures
from the rest. They estimated that less than 100 cannot be verified.
City Attorney Steve Roy stated that in his opinion the signatures that were not
properly verified should not be received. He indicated that it is the
Authority's prerogative either to reject the petitions in their entirety or
accept them and let the testimony go to the weight of the sufficiency of the
representations about the needs and desires of the residents. He stated that
for all the signatures to be acceptable, they would need to be verified.
Mr. Myatt requested that the Authority accept the petitions and accept the
testimony that there are in excess of 400 signatures in favor, and that very few
spoke out in opposition or refused to sign the petition. He stated that the
testimony of the 5 people present was evidence of the desires of the
neighborhood. He noted the Authority has the power to accept the petitions and
give them whatever weight they deem appropriate.
Authority member Poncelow stated she did not believe the Authority should accept
the petitions since they do not know how many of the signatures cannot be
verified.
Authority member Norton stated she believed the Authority should accept the
petitions and weigh them accordingly.
Authority member Wawro made a motion, seconded by Authority member Norton, to
accept the petitions. Yeas: Crowfoot, Norton, and Wawro. Nays: Cooper,
Guerrie, and Poncelow.
THE MOTION FAILED TO PASS.
Mr. Heenan stated that no club members have spoken out against having the liquor
license. Upon questioning from the Authority, he indicated there is wait
service in the pool area outside where waitstaff will check ID's prior to orders
being taken.
City Attorney Steve Ray stated that Applicant's Exhibit A, identified as a menu,
and Applicant's Exhibit B, identified as photos were admissible into evidence.
In response to questions from the Authority, Mr. Heenan stated there is a cabana
in the outdoor area which has a beer and wine tap and that liquor is served in
the bar area only. He noted that only beer is served in the gym and squash
courts. He indicated there is only 1 entrance into these areas, and there is
a staff person who checks the patrons before serving beer.
Mr. Myatt addressed questions from the Authority regarding the corporate
structure of the applicant.
• • May 22, 1991
Mr. Heenan stated there will be 2 to 3 people behind the bar. He indicated
alcohol will not be allowed in the gym unless there is a specially -monitored
function. He noted that staff are on duty at all times in the locker room to
see that no one brings in liquor.
Authority member Guerrie stated she would like the petitions redone with a place
provided to put ages or to mark opposition to the license. She indicated she
believes it was clear that the statement on the petition noted that all
signatures had been personally witnessed, and since they weren't, she believes
it is important to adhere to the witnessing of all signatures.
Authority member Guerrie made a motion, seconded by Authority member Cooper, to
table the decision on the application for a tavern license at The Fort Collins
Club, 1307 East Prospect, until the June 26 meeting. Yeas: Cooper, Crowfoot,
Guerrie, Norton, Poncelow, and Wawro. Nays: None.
THE MOTION CARRIED.
Hearing on a New Application
for a Hotel -Restaurant License
at the Rainbow Restaurant,
212 West Laurel, Approved
Steve Jones, 2401 Lake Drive, Loveland, was sworn. He stated the location of
the restaurant was being moved from 109 East Laurel to 212 West Laurel. He
indicated they are remodeling the new premises, where there will be room to
accommodate beer and wine service. He noted that because of their proximity to
the campus, they must apply for a hotel -restaurant license, but that they are
not interested having a bar or lounge. He stated they want to serve beer or
wine only with food. He indicated they do not anticipate a large percentage of
alcohol sales. He noted they have presented their petitions to the City
Attorney. He stated that in canvassing the area, they obtained approximately
340 signatures. He indicated there were some people who were opposed, and that
the petitioners gave business cards to people who had questions. He noted he
received two phone calls from people who were concerned about whether there
would be a lounge, and once he indicated there would not be a lounge, the
callers said it was fine.
City Attorney Steve Roy stated Applicant's Exhibits A through D, identified as
petitions, were admissible into evidence.
Mr. Jones noted that signatures of underage persons were struck from the
petitions.
In response to questions from the Authority, City Attorney Steve Roy stated that
applicants who request a hotel -restaurant license but who state they are going
to sell beer and wine only cannot be held to that limitation.
Mr. Jones stated that in presenting the petitions to people, the petitioners
stated only that they were applying for a hotel -restaurant license and asked if
there were any questions. He stated the petitioners did verify that people
• • May 22, 1991
signing the petitions lived at the residence or owned or managed the business
where they were approached. He indicated there were approximately 320 who
signed the petition in favor of the license and 20 who signed against. He noted
some of those who were against the license stated they were strictly opposed to
alcohol consumption for various reasons. He indicated there were no opinions
expressed concerning the proximity of the establishment to the campus. He
presented an amended floor plan for the patio and it was accepted by the
Authority. He stated the patio area was separated into two section. He stated
the smaller section within the outside perimeter will be used as the main patio
and will be enclosed by a 5 foot lattice fence. He noted the larger patio area
(which includes the smaller patio) will be surrounded by a picket fence. He
indicated that a larger patio will be used only when catering special functions
and not for daily use.
Authority member Cooper made a motion, seconded by Authority member Guerrie, to
adopt Resolution 91-04 approving the application for a hotel -restaurant license
at the Rainbow Restaurant, 212 West Laurel.
Authority member Norton asked Mr. Jones if he had familiarized himself with the
liquor laws and training employees in serving alcoholic beverages.
Mr. Jones stated he had the Colorado Liquor Code book and plans to contact
Officer Ernie Tellez for training the staff.
Authority member Poncelow cautioned Mr. Jones regarding monitoring college
students who might begin coming in primarily to drink.
Mr. Jones indicated he was concerned about that and plans to pay attention to
see if the restaurant's demographics change so that he can take appropriate
action.
The vote on Authority member Cooper's motion was as follows: Yeas: Cooper,
Crowfoot, Guerrie, Norton, Poncelow, and Wawro. Nays: None.
THE MOTION CARRIED.
Hearing on a New Application
for a Hotel -Restaurant License
at The Neighborhood Grill,
1113 West Drake, Approved
The following individuals were sworn:
Robert Haimson, 4347 16th Street Road, Greeley
James Fuller, 3918 14th Street Road, Greeley
Sarah Rossman, 1215 Redwood Court, Windsor
Robert Haimson described the Neighborhood Grill concept. He stated the
Neighborhood Grill has been in business for 3 years, with 2 Neighborhood Grills
in Greeley and 1 in Loveland. He indicated they have also operated Potato
Brumbaughs in Greeley for 10 years. He stated they have never had a liquor
• • May 22, 1991
violation. He noted that liquor, beer, and wine sales in all the operations
have always represented less than 20% of sales. He stated the petitioners found
a good response in their canvassing.
Sarah Rossman described the petitioning process. She stated they obtained
approximated 250 signature expressing support of the license and 6 against with
10 to 15 who did not want to sign. She noted she advised people they could sign
against if they wished. She indicated the only reasons given against the
license were that they did not believe in alcohol consumption in general.
City Attorney Steve Roy stated Applicant's Exhibits A and B, identified as
petitions, were admissible into evidence.
Mr. Haimson stated the restaurant will open July 1. He anticipated the
clientele will be typical neighborhood residents and not just young, college -age
people.
Ms. Rossman stated they will card anyone who appears to be 35 or under. She
indicated she will be the manager of the establishment and has had prior
experience with alcohol in her positions as manager of the Loveland and Greeley
Neighborhood Grills. She noted she recently took an alcohol education seminar
sponsored by the Loveland Police Department and will look into the local Police
Department training for the Fort Collins Neighborhood Grill staff. She
indicated the management also provides extensive liquor training in the overall
training process.
In response to concerns from the Authority regarding the close proximity of the
restaurant to a high school, James Fuller stated that one grill in Greeley is
1-1/2 miles from a high school and in Loveland it is less than 1 mile. He
indicated they have never had high school clientele because the establishment
does not offer fast food priced fare.
Authority member Crowfoot made a motion, seconded by Authority member Cooper,
to adopt Resolution 91-05 approving the application for a hotel -restaurant
license at the Neighborhood Grill, 1113 West Drake. Yeas: Cooper, Crowfoot,
Guerrie, Norton, Poncelow, and Wawro. Nays: None.
THE MOTION CARRIED.
Show Cause Hearing for Beavers
Supermarket #3. 1100 West Mountain
City Attorney Steve Roy indicated that a stipulation agreement with regard to
the violation has been signed by the licensee and the Police Department. He
tendered it to the Authority for action.
Authority member Crowfoot made a motion, seconded by Authority member Guerrie,
to accept the stipulation agreement between Police Services and Beavers
Supermarket #3, 1100 West Mountain.
•
• May 22, 1991
Mr. Doug Beavers stated he had no problems with the process of the compliance
check on the night of the violation or the appropriateness of the stipulation
being agreed to.
The vote on Authority member Crowfoot's motion was as follows: Yeas: Cooper,
Crowfoot, Guerrie, Norton, Poncelow, and Wawro. Nays: None.
THE MOTION CARRIED.
Show Cause Hearing for Mini
Mart #857, 1104 West Elizabeth
Authority member Cooper made a motion, seconded by Authority member Crowfoot,
to accept the stipulation agreement between Police Services and Mini Mart #857,
1104 West Elizabeth.
Glenn Hagen, attorney for Mini Mart, commented regarding the compliance check.
He stated management believes the procedures used were a good check for the Mini
Mart stores to help determine the effectiveness of the training programs and the
employees. He expressed satisfaction with the final terms of the stipulation.
He indicated the employees involved in the violation had been dismissed
according to store policy. He noted strengthening of existing training was in
place.
The vote on Authority member Cooper's motion was as follows: Yeas: Cooper,
Crowfoot, Guerrie, Norton, Poncelow, and Wawro. Nays: None.
THE MOTION CARRIED.
Show Cause Hearing for Mini
Mart #858, 1801 North College
Authority member Cooper made a motion, seconded by Authority member Norton, to
accept the stipulation agreement between Police Services and Mini Mart #858,
1801 North College. Yeas: Cooper, Crowfoot, Guerrie, Norton, Poncelow, and
Wawro. Nays: None.
THE MOTION CARRIED.
Show Cause Hearing for
Spirits, 2601 South Lemay #18
Authority member Guerrie made a motion, seconded by Authority member Crowfoot,
to accept the stipulation agreement between Police Services and Barley-Bree,
Inc., dba Spirits, 2601 South Lemay #18. Yeas: Cooper, Crowfoot, Guerrie,
Norton, Poncelow, and Wawro. Nays: None.
THE MOTION CARRIED.
• 0 May 22, 1991
Police Report
The Police Department requested probable cause be found to schedule show cause
hearings for (1) Old Town Ale House, 25 Old Town Square, (2) The Wine Cellar,
3400 South College Avenue, and (3) Old Town Liquor, 238 East Mountain Avenue.
(Secretary's Note: Authority member Cooper withdrew from items 2 and 3 due to
a perceived conflict of interest.)
Authority member Norton made a motion, seconded by Authority member Crowfoot,
to find that probable cause exists to schedule a show cause hearing for Old Town
Ale House, 25 Old Town Square. Yeas: Cooper, Crowfoot, Guerrie, Norton,
Poncelow, and Wawro. Nays: None.
THE MOTION CARRIED.
Authority member Norton made a motion, seconded by Authority member Crowfoot,
to find that probable cause exists to schedule show cause hearings for The Wine
Cellar, 3400 South College Avenue, and Old Town Liquor, 238 East Mountain
Avenue. Yeas: Crowfoot, Guerrie, Norton, Poncelow, and Wawro. Nays: None.
(Cooper withdrawn)
THE MOTION CARRIED.
Adjournment
Authority member Crowfoot made a motion, seconded by Authority member Cooper,
to adjourn. Yeas: Cooper, Crowfoot, Guerrie, Norton, Poncelow, and Wawro.
Nays: None.
THE MOTION CARRIED.
The meeting was adjourned at approximately 8:30 p.m.
C airperso
Secretary