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HomeMy WebLinkAboutLiquor Licensing Authority - Minutes - 03/27/1991LIQUOR LICENSING AUTHORITY MINUTES Regular Meeting - March 27, 1991 6:30 p.m. A regular meeting of the Liquor Licensing Authority was held on Wednesday, March 27, 1991, in the Council Chambers of the Fort Collins Municipal Building. The following members were present: Cooper, Crowfoot, Mael, and Poncelow. (Authority member Norton arrived at approximately 6:45 p.m.) Authority Members Absent: Guerrie and Wawro. Staff Members Present: John Duval, City Attorney's Office Rita Knoll Harris, City Clerk's Office Sandy Gibson, Police Department Approval of the minutes of the February 27, 1991 regular meeting Authority member Cooper made a motion, seconded by Authority member Crowfoot, to approve the minutes of the February 27, 1991 regular meeting. Yeas: Cooper, Crowfoot, Mael, and Poncelow. Nays: None. THE MOTION CARRIED. Report of Change of Manager for Comedy Works. #7 Old Town Square, Suite 114, Approved William Anderson, manager, stated he has been the manager at Comedy Works since January. He noted that he was previously bartender at the establishment. Mr. Anderson spoke of previous bartending experience at other establishments and stated he is familiar with the liquor laws. He stated everyone who enters the establishment is carded. He noted that they do not allow intoxicated people to enter the building and stated the wait staff is trained to recognize when a person inside the establishment is becoming intoxicated. Mr. Anderson acknowledged previous problems at the establishment in meeting food service requirements. Authority member Mael made a motion, seconded by Authority member Crowfoot, to approve William Anderson as manager of Comedy Works, #7 Old Town Square, Suite 114. Yeas: Cooper, Crowfoot, Mael, and Poncelow. Nays: None. THE MOTION CARRIED. E E March 27, 1991 Request from CooperSmith Brewing Company, dba CooperSmith's Pub and Brewing, #5 0ld Town Square, to Change, Alter, or Modify the Premises. Found Substantial and Approved Mark Sluss, general manager, explained the plans for a patio on the south side of the establishment. He stated the same fare that is served inside the restaurant will be served on the new patio. He indicated the patio will hold 10 to 11 tables and that a handicapped access gate will be installed. He noted that access to the patio will be through the establishment. Mr. Sluss indicated that 60% of sales at the establishment are food, 30% is from beer brewed on site, and 10% is from wine and alcohol sales. He stated he did not expect the addition of another patio to change the sales percentages. He spoke of efforts to control alcohol consumption and sales and the training provided to employees. Authority member Mael made a motion, seconded by Authority member Crowfoot, to find that the proposed expansion of CooperSmith's Pub and Brewing, #5 Old Town Square, is substantial. Yeas: Cooper, Crowfoot, Mael, and Poncelow. Nays: None. THE MOTION CARRIED. Mr. Sluss stated he was prepared to present evidence at this meeting as to the needs and desires of the surrounding neighborhood. Authority member Crowfoot made a motion, seconded by Authority member Mael, to hold a hearing at this meeting. Yeas: Crowfoot, Mael, and Poncelow. Nays: Cooper. THE MOTION CARRIED. Mark Sluss, manager, was sworn. He stated he had 5 letters from business owners and residents in the surrounding neighborhood expressing support for the expansion. He stated he also had a witness to testify at this hearing. Maggie Kunze, Executive Director of the Downtown Business Association, was sworn. She stated she believes CooperSmith's has had a very positive influence on the downtown area and stated that outdoor patios are advertised extensively to tourists. She stated she supports the request for an additional patio. In response to questions from the Authority, Mr. Sluss stated that Comedy Works is excited about the possibility of a patio on the south side of CooperSmith's. He stated that there will be a 25 foot buffer between the curb along Mountain Avenue and the patio railing. Assistant City Attorney John Duval advised the Authority that Applicant's Exhibits A, B, and C were admissible into evidence. He noted he was unable to determine from the face of Applicant's Exhibit D whether the authors of the letter are residents of the neighborhood or owners or managers of businesses within the neighborhood. E March 27, 1991 Mr. Sluss stated that the authors of Exhibit D, the Carters, live at 431 West Mountain. Mr. Duval stated Applicant's Exhibit D was also admissible into evidence. Authority member Mael made a motion, seconded by Authority member Crowfoot, to approve the modification of premises for CooperSmith's Pub and Brewing, #5 Old Town Square. Authority member Cooper stated he would vote in support of the motion, but stated he believed that whenever a proposed modification is found to be substantial, the item should be scheduled for the next meeting to allow adequate notification to the public of the proposed change. The vote on Authority member Mael's motion was as follows: Yeas: Cooper, Crowfoot, Mael, and Poncelow. Nays: None. THE MOTION CARRIED. (Secretary's Note: Authority member Norton arrived at this point.) Consideration of an Application from the International Wilderness Leadership Foundation for a Special Events Permit at University Mall. 2229 South College Approved Eileen Warshaw, manager of University Mall, stated she was present to represent the Releaf organization. Vance Martin, president of the International Wilderness Leadership Foundation, introduced himself. Ms. Warshaw stated the event consists of a black -tie -optional dinner and dance held in the center court of University Mall. She stated the mall will be closed to the public at 7:00 p.m. from the gazebo north to Montgomery Wards. She stated King Soopers would be catering a full buffet dinner. Ms. Warshaw indicated the Fort Collins Chamber Orchestra would play during dinner and dancing. She stated the event will benefit the Releaf organization and described the organization. Mr. Martin described the International Wilderness Leadership Foundation and stated the Foundation has been a registered charity in the U.S. since 1974. He stated the Foundation has been in Fort Collins since 1984. He noted this is the first event in Fort Collins, but stated a special events permit was obtained in 1987 for an event in Estes Park. Ms. Warshaw stated the area of the event will be closed off to the general public by 12 foot screens and draping. She stated the entrance to the event will be through the gazebo and noted that the entrances in the back of the mall and near Wards will be secured by security officers. Ms. Warshaw stated people entering the event will have their hands stamped. She stated the bartenders for the event will be donated by Bennigans will be allowed into the event. March 27, 1991 She noted no one under the age of 21 Authority member Cooper made a motion, seconded by Authority member Norton, to approve the special events permit for the International Wilderness Leadership Foundation at University Mall on April 20, 1991. Yeas: Cooper, Crowfoot, Mael, Norton, and Poncelow. Nays: 'None. THE MOTION CARRIED. Transfer of Ownership of Old Chicago, 147 South College Approved Tom Moxey, vice-president of operations for Concept Restaurants (management company for Old Chicago), described the reason for the transfer of ownership and noted the new corporation facilitates a financial alignment of the partners for the 4 Old Chicago restaurants in Colorado. He stated there will be no changes in the management, operations, or liquor service at the establishment. Authority member Crowfoot made a motion, seconded by Authority member Norton, to approve the transfer of ownership of Old Chicago, 147 South College. Yeas: Cooper, Crowfoot, Mael, Norton, and Poncelow. Nays: None. THE MOTION CARRIED. Hearing on a New Application for a Hotel -Restaurant License at Pescado Bay, 1111 West Elizabeth, Approved Ron Ritter, director of operations for Pescado Bay, and Steve Lauer, owner, were sworn. Mr. Lauer stated the company decided to wait 4 months before applying for a liquor license to make sure the operation of the establishment was set. He stated a liquor license would broaden the customer base at the establishment. He stated the establishment is approximately 80% eat -in and 20% take-out. Mr. Lauer stated the average age of the clientele is 30 to 40 years and noted that there is not a large number of college patrons. He stated he anticipates an increased dinner business by the addition of alcohol sales. He indicated that the establishment would focus on mexican beers and wine coolers. He stated alcohol sales are estimated to be 10-15%. Mr. Ritter described the menu at the establishment. He stated the establishment seats 48 people. Mr. Ritter described the ordering process and noted the establishment is a cross between a fast food restaurant and a dinner house. He stated a customer orders food and drink at the counter. Mr. Ritter stated there is a clear view of the entire restaurant from the cashier counter and noted there will be a person expediting food and walking around the establishment to check on tables. He spoke of the training that will be provided to employees March 27, 1991 and stated there will be signs posted on the premises notifying customers that everyone will be required to produce identification. Robert Long, 424 LaPorte Avenue, was sworn. He stated he was involved in the construction of the establishment and noted he eats there several times a week. He stated he supports the application for the liquor license and would enjoy alcohol service at the restaurant. Rob Koellner, owner of Colours, 1107 West Elizabeth, was sworn. He stated he believed alcohol sales would enhance the environment at Pescado Bay. He noted he eats there approximately 4 times a week. William Washburn, 1012 South Taft Hill Road, was sworn. He stated he frequents the establishment 2-3 times per week and commented on the operation of the establishment. He stated he believed the liquor license would be a nice addition to the establishment. Eileen Swiers, Market Service Associates, was sworn. She submitted Applicant's Exhibit A, identified as a summary report, and Applicant's Exhibits B through G, identified as petition documents. Assistant City Attorney John Duval stated he had reviewed the exhibits and stated they were admissible into evidence. In a response to a question from the Assistant City Attorney, Ms. Swiers stated the red asterisks next to some names indicates that those signatures were not included in the tabulation of results. Ms. Swiers described the petitioning process, and indicated that 221 or 84.7% of those signing the petition were in favor of issuance of the license, while 40 or 15.3% were opposed to issuance of the license. Mr. Ritter noted there are no other mexi can restaurants in the area with liquor licenses. He stated the alcohol sales will enhance the food service. He spoke of his background and experience with alcohol sales. He stated that 1 ID will be required for each drink ordered. Mr. Ritter indicated that the establishment employs approximately 20 people. He responded to questions about employee training. In response to a question from the Authority, Mr. Lauer stated he will have little involvement in the daily operations of the establishment. Authority member Crowfoot made a motion, seconded by Authority member Norton, to adopt Resolution 91-1 approving the application for a hotel -restaurant license at Pescado Bay, 1111 West Elizabeth. Authority member Cooper expressed concerns about the employee training program and Mr. Ritter's ability to train employees. He urged Mr. Ritter to take advantage of training programs available in the community. E Authority member Mael stated he would not applicants for running a good operation, control of alcohol sales and consumption. March 27, 1991 support the motion. He commended the but expressed concerns about adequate Authority member Poncelow stated she was impressed by the petitions presented and the range of ages signing in support of the application. The vote on Authority member Crowfoot's motion to adopt Resolution 91-1 was as follows: Yeas: Cooper, Crowfoot, Norton, and Poncelow. Nays: Mael. THE MOTION CARRIED. Mr. Ritter spoke of the success of a similar establishment he managed in California and assured the Authority he will make every effort to learn the Colorado laws and to adequately train his employees. Show Cause Hearing for Mini Mart #858. 1801 North College, Continuance Granted Authority member Poncelow advised the Authority that the attorney for the licensee has requested a continuance of this hearing. Authority member Cooper made a motion, seconded by Authority member Norton, to grant a continuance of the show cause hearing for Mini Mart #858, 1801 North College, with rescheduling of the hearing to be at the discretion of staff. Yeas: Cooper, Crowfoot, Mael, Norton, and Poncelow. Nays: None. THE MOTION CARRIED. Show Cause Hearings for Schrader's Country Store #250, 940 South Lemay, and Schrader's Country Store #420, 1517 South Lemav Brad March, attorney representing Schrader Oil Company (licensee), stated the licensee is willing to stipulate to both violations and requested that both items be handled together. Authority member Cooper made a motion, seconded by Authority member Crowfoot, to find that violations did occur and Schrader's Country Store #250, 940 South Lemay, and Schrader's Country Store #420, 1517 South Lemay. Yeas: Cooper, Crowfoot, Mael, Norton, and Poncelow. Nays: None. THE MOTION CARRIED. Mr. March spoke of Schrader Oil Company's stores in Colorado and stated these two violations are the only violations in Schrader's history. He spoke of training that is provided to employees. He stated that the employees involved in these violations had only been with the store 4-5 months. He stated that the company's intent is to pursue training provided by Anheuser-Busch, in addition to the training already available to employees. Mr. March indicated that March 27, 1991 Schrader Oil Company has hired a company call Secret Shoppers, which will go into stores to do similar compliance checks. He introduced Doug Pickle, who oversees the convenience store operations for Schrader Oil Company. Doug Pickle stated that company policy is to card everyone who appears to be under the age of 25. He spoke of efforts to train the employees so that violations do not occur. In response to questions from the Authority, Officer Tellez offered two recommendations. He requested that the licensee reimburse the Police Department for the money used to purchase the alcohol during the compliance checks. He stated he believed the training of employees needs to be changed in some manner, and stated he and Officer Konerza would make themselves available to provide training to Schrader Oil Company employees. He stated he did not have a recommendation on the imposition of a penalty. Mr. March stated they had no objection to reimbursing the Police Department for its costs involved in the compliance check. He indicated the company was very willing, and would actually prefer, to. use the training provided by the Police Department. Authority member Cooper questioned whether the Authority could legally require the licensee to reimburse the Police Department. Assistant City Attorney Duval stated he did not believe the Authority could require the reimbursement, but stated if the licensee was willing to voluntarily reimburse the Police Department, the City could accept the money. Liquor Licensing Specialist Rita Harris advised the Authority that there have been no violations at store #250 since the license was granted in January, 1989, and no violations at store #420 since the license was transferred to Schrader Oil Company in January, 1989. Authority member Cooper made a motion, seconded by Authority member Norton, to issue a letter of reprimand for the violation at each store with the requirement that they attend training provided by the Police Department within 90 days. Assistant City Attorney John Duval questioned what will happen if the licensee does not acquire the training within 90 days. He spoke of the difficulty in tracking and enforcing the training requirement. Authority member Cooper amended his motion to read that a letter of reprimand be issued for each violation, and made a recommendation that the licensee obtain training from the Police Department. Authority member Norton, as the second to the motion, accepted the amendment. The vote on Authority member Cooper's motion, as amended, was as follows: Yeas: Cooper, Crowfoot, Mael, Norton, and Poncelow. Nays: None. THE MOTION CARRIED. 0 March 27, 1991 Mr. March stated a training session has been scheduled with Officer Tellez for April 23. Authority member Norton recommended that Schrader Oil Company change its policy of checking ID's for anyone who appears to under the age of 25 and recommended 30 years of age might be more appropriate. Police Report Authority member Poncelow stated that there was a list of establishments listed under Other Business for which the Police Department was seeking a determination of probable cause. Authority member Cooper stated he had a conflict of interest for the King Soopers store. Authority member Norton made a motion, seconded by Authority member Crowfoot, to find that probable cause exists to find that violations occurred at the following establishments. Campus West Liquors, 1107 City Park Avenue Mini Mart #857, 1104 West Elizabeth Spirits, 2601 South Lemay Beaver's market, 1100 West Mountain Diamond Shamrock, 1113 West Drake Safeway, 2160 West Drake Yeas: Cooper, Crowfoot, Mael, Norton, and Poncelow. Nays: None. THE MOTION CARRIED. Authority member Crowfoot made a motion, seconded by Authority member Norton, to find that probable cause exists to find that a violation occurred at King Soopers, 1015 South Taft Hill Road. Yeas: Crowfoot, Mael, Norton, and Poncelow. Nays: None. (Authority member Cooper withdrawn) THE MOTION CARRIED. Other Business Authority member Poncelow brought to the Authority's attention the letter from the Mayor regarding the Authority's input in the 1991 budget process. She asked the Authority if there were any budget items they would like to suggest to the Council. Authority member Cooper asked if the Authority was interested in requesting funding for investigative/enforcement purposes. 0 0 March 27, 1991 Following discussion, the consensus of the Authority was to send a letter to the Council requesting that Council continue to fund liquor enforcement and to provide sufficient funds for a higher level of enforcement. Liquor Licensing Specialist Rita Harris reminded the Authority of the training session scheduled for April 10. Authority member Poncelow asked whether a special meeting will be required to handle the volume of show cause hearings scheduled. Investigator Sandy Gibson asked the Authority if they would consider allowing staff to attempt to reach plea bargain agreements in some of the pending cases. Following discussion, the consensus of the Authority was that they would be interested in having staff pursue plea bargain agreements. Ms. Harris stated in light of the Authority's decision on plea bargain agreements, she did not believe it would be necessary at this time to schedule a special meeting. Adjournment Authority member Norton made a motion, seconded by Authority member Crowfoot, to adjourn. Yeas: Cooper, Crowfoot, Mael, Norton, and Poncelow. Nays: None. THE MOTION CARRIED. The meeting was adjourned at approximatelyC 8:30 p.m. d- 'd • PDl'I--C-�I.�-LC� Chairperson Secretary