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HomeMy WebLinkAboutLiquor Licensing Authority - Minutes - 02/27/1991LIQUOR LICENSING AUTHORITY MINUTES Regular Meeting - February 27, 1991 6:30 p.m. A regular meeting of the Liquor Licensing Authority was held on Wednesday, February 27, 1991, in the Council Chambers of the Fort Collins Municipal Building. The following members were present: Cooper, Crowfoot, Guerrie, Mael, Norton, and Wawro. (Authority member Poncelow arrived at approximately 7:03 P.M.) 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. 3. Approval of the minutes of the January 23 1991 regular meeting. Report of Change of Corporate Structure for 0 H Corporation dba The Patio Cafe, 11 Old Town Square. Q.H. Corporation, the hotel -restaurant licensee for The Patio Cafe, 11 Old Town Square, is reporting a change of corporate officers/directors/ shareholders. John and Jana Skradski have resigned from the corporation and transferred their stock to the remaining officers, Terry and Sara Henderson. Nightingales, Inc., the tavern licensee for Nightingales, 934 South Lemay, is reporting a change of corporate officers. Eric Conklin is replacing Rene' Lee as secretary of the corporation. Authority member Cooper made a motion, seconded by Authority member Guerrie, to adopt and approve all items not removed from the Consent Calendar. Yeas: Cooper, Crowfoot, Guerrie, Mael, Norton, and Wawro. Nays: None. THE MOTION CARRIED. February 27, 1991 Report of Change of Manager for Osco Drug #2199, 112 East Foothills Parkway, Approved Mark Madison, manager, stated he has been at this location since August. He stated there were no liquor violations at any of the previous locations where he was the manager. Mr. Madison described the carding procedures at the store, noting that employees are instructed to request ID from anyone who appears to be under the age of 30. He stated the store sells refrigerated beer. Authority member Cooper made a motion, seconded by Authority member Norton, tc approve Mark Madison as manager of Osco Drug #2199, 112 East Foothills Parkway. Yeas: Cooper, Crowfoot, Guerrie, Mael, Norton, and Wawro. Nays: None. THE MOTION CARRIED. Report of Change of Manager for the Student Center. Colorado State University. Approved Kristine Folbrecht, manager, stated she has previous experience with alcohol sales as a bartender and restaurant manager in Wisconsin for 9 years. She indicated she has had no formal training on Colorado liquor laws. She described the training provided to employees and noted that the policy is to request ID for everyone, regardless of age. Ms. Folbrecht stated that an ID must be produced for each drink ordered. Authority member Cooper recommended Ms. Folbrecht obtain and review the Colorado Beer Code. Authority member Norton made a motion, seconded by Authority member Guerrie, to approve Kristine Folbrecht as manager of the Student Center, Colorado State University. Yeas: Cooper, Crowfoot, Guerrie, Mael, Norton, and Wawro. Nays: None. THE MOTION CARRIED. Consideration of an Application from Catholic Community Services Northern for a Special Events Permit at the Opera Galleria 123 North College Approved (Secretary's Note: Authority member sentative of this application and noted decision on this matter.) Crowfoot stated she knows the repre- she did not believe it would affect her Jim Overman, Catholic Community Services Northern, stated this event is an annual St. Patrick's Day dance at the Opera Galleria. He stated the event is a fundraiser for Catholic Community Services programs. Mr. Overman indicated that people who have knowledge of bartending will be checking ID's. He stated this has been a successful event every year and noted there have been no problems in the past. He stated approximately 300 people are expected to attend February 27, 1991 the event and indicated there would be 10 to 15 staff people working at all times. Authority member Cooper made a motion, seconded by Authority member Guerrie, to approve the Special Events Permit for Catholic Community Services Northern at the Opera Galleria, 123 North College, on March 16, 1991. Yeas: Cooper, Crowfoot, Guerrie, Mael, Norton, and Wawro. Nays: None. THE MOTION CARRIED. Request from Fort Collins Junction, Inc., dba The Junction, 518 West Laurel, to Change, Alter, or Modify the Premises, Found Not Substantial and Approved Tom Metcalf, attorney representing Fort Collins Junction, Inc., introduced himself. (Secretary's Note: Authority member Mael withdrew from consideration and vote on this item due to a perceived conflict of interest.) Mr. Metcalf stated he did not believe the changes to the establishment are substantial. He stated the proposed modification does not enlarge the premises, does not change the seating capacity, and does not change the appearance of the establishment. He introduced Van Hallowell, manager of the establishment. Van Hallowell, manager, described the changes t one waitstation was removed, two partition walls and replaced with freestanding tables, and pool he anticipated an increase in total sales, but in liquor sales. Mr. Hallowell stated there v seats or total floor space. He noted the rest previously, but has had other games. Authority member Norton made a motion, find that the modifications at The substantial. Yeas: Cooper, Crowfoot, (Authority member Mael withdrawn) THE MOTION CARRIED. � the establishment. He stated were moved, booths were removed tables were added. He stated could not estimate an increase as no change in the number of iurant has not had pool tables seconded by Authority member Guerrie, to Junction, 518 West Laurel, are not Guerrie, Norton, and Wawro. Nays: None. Transfer of Ownership of Meatballs, 344 East Foothills Parkway, and Trade Name Change to Casa Deli Cioso. Approved Don Cheyne, Sr., applicant, responded to questions from the Authority regarding his previous DUI convictions and controlled substance conviction. He stated he no longer drinks and has not for approximately 1.5 years. He stated he has completely changed his lifestyle, and noted he has stayed away from establishments where alcohol is served. Mr. Cheyne stated he was not concerned February 27, 1991 about his lifestyle changing back as a result of running a liquor -licensed establishment. He indicated he has been an engineer for the past 27 years and noted he was a bar manager in California while he attended college. He stated he has obtained a copy of the Colorado Liquor Code, has familiarized himself with the laws, and has attended a class conducted by Officer Ernie Tellez. Mr. Cheyne indicated ID's would be requested of anyone who appears to be under the age of 35. He stated the alcohol sales would be limited to beer, margaritas, and wine, and noted he did not anticipate broadening the alcohol choices at a later date. He stated he will manage the establishment himself. He noted the establishment will seat 112 and that there would be no waitresses. He stated food and alcohol orders would be placed at the counter and that 1 ID would be required for each drink ordered. Authority member Mael asked the Assistant City Attorney for information regarding the statutes pertaining to moral character. Assistant City Attorney Duval advised the Authority regarding what can be considered in terms of good moral character in the transfer of a liquor license. He stated the statutes say the 2 things to consider in denying a license are conviction of a felony and conviction of a crime involving moral turpitude. He stated the courts have said that a DWAI is not a crime of moral turpitude. In response to a question from the Authority, Mr. Cheyne stated his convictions were not felony convictions. Authority member Wawro made a motion, seconded by Authority member Cooper, to approve the transfer of ownership of Meatballs, 344 East Foothills Parkway, from Meatballs, Inc. to Don Cheyne Sr., Inc., and trade name change to Casa Deli Cioso. Yeas: Cooper, Crowfoot, Guerrie, Norton, and Wawro. Nays: Mael. THE MOTION CARRIED. (Secretary's Note: Authority member Poncelow arrived at this point.) Show Cause Hearing for Washington's Bar and Grill. 132 West LaPorte Daniel Carr, law firm of Dill and Dill, attorney representing the licensee, introduced himself. He stated Dave Tobin, regional supervisor for the parent corporation, and Joe Beck, manager of the establishment, were present. Mr. Carr stated he had spoken with Officer Tellez about this matter and indicated Officer Tellez would like to make comments to the Authority which might circumvent the need for a hearing. Officer Ernie Tellez stated the licensee, in light of the situation that occurred at Washington's Bar and Grill on January 4, 1991, would like to stipulate to a letter of reprimand being issued for the conduct of the establishment on January 4. He stated, in addition, the licensee would like to have the violation held in abeyance for 4 months with the provision that if another violation occurs at the establishment during that period, both February 27, 1991 violations would be brought back to the Authority for consideration. Officer Tellez stated he has discussed with Mr. Carr and the licensee what he perceives to be some of the problems at the establishment. He stated he made recommendations to Mr. Carr to correct those problems and noted the licensee has implemented an action plan which he believes will solve most of the problems at the establishment in the next 4 months. He indicated he chose the 4 month period because it goes beyond the upcoming "College Days" period and the remainder of the semester. He stated Mr. Carr would describe the actions the business has taken to correct problems such as people entering the back door and people sneaking through the front door with false ID's. Mr. Carr stated the procedure being suggested tonight is a procedure taken from the area of criminal law, and one which is utilized across the state. He stated what is being suggested is that a letter of reprimand be issued to the licensee indicating that what happened on January 4 is not acceptable and cannot reoccur. He stated that letter would be directly tied to an agreement that this violation is still active for the next 4 months and that if the problem is not erradicated or some new problem develops, the Authority would be in a position to not only deal with the new problem, but to deal with the violation in question at this time. Mr. Carr noted this licensee has not had any liquor violations in the past five years. He spoke of the corporation's commitment to ensure that this problem doesn't happen again. He stated the 2 back doors in the establishment, which can be opened from the inside only, have been equipped with alarms so that people cannot open the door to let people in without the knowledge of employees of the establishment. He indicated that there will now be 2 doorpersons on duty at all times to ID everyone entering the establishment. He noted that the door people receive a bounty for confiscating false ID's. In response to a question from the Authority, Mr. Carr indicated he was not prepared to stipulate that a violation occurred. He stated what is being suggested is that the licensee stipulate to the issuance of a letter of reprimand pertaining to the events that occurred at the establishment. In response to a question from the Assistant City Attorney, Mr. Carr indicated that what is being suggested is akin to a deferred prosecution. He explained how a deferred prosecution is used in criminal court. Authority member Cooper stated he was not comfortable with the process of deferred prosecution, but noted he didn't necessarily feel that the recommendation was wrong. He suggested that the licensee plead guilty to the violation with the stipulation that a letter of reprimand be issued, and, if after 4 months with a clean record and changes being made as described, the penalty for the violation would remain as the letter of reprimand. Mr. Carr stated the licensee was willing to have a letter of reprimand placed permanently in the file regarding the events that occurred on January 4 and to take actions to prevent future situations, but was not prepared to have a determination made as to whether what happened, under the statute, was right or wrong. C, • February 27, 1991 Authority member Cooper stated he understood what was being proposed, but noted he did not feel comfortable issuing a disciplinary action to a licensee which hasn't been found guilty of a violation. Authority member Norton stated she did not see what use a letter of reprimand in the file would be if it does not relate to a violation. In further explanation, Mr. Carr stated the licensee is willing to admit that a mistake was made at the establishment, although it may not have reached the level of being illegal under the statute. He stated that when the file is reviewed, it will show that a show cause hearing was ordered for a specific reason and that a letter of reprimand was issued and tied to the reason for the show cause hearing. He noted the file would not show that a violation was found to have occurred. (Secretary's Note: Following further discussion between the Authority and Mr. Carr in attempt to understand the proposal under consideration, the Authority took a break to allow Mr. Carr, Officer Tellez, and Assistant City Attorney Duval to discuss possible alternatives to the original proposal.) When the meeting resumed, Officer Tellez indicated he wished to withdraw his prosecution of this case. Authority member Cooper made a motion, seconded by Authority member Norton, to allow Officer Tellez to withdraw his prosecution against Washington's Bar and Grill, 132 LaPorte Avenue. Yeas: Cooper, Crowfoot, Guerrie, Mael, Norton, Poncelow, and Wawro. Nays: None. THE MOTION CARRIED. Police Report Police Investigator Sandy Gibson brought to the Authority's attention the results of compliance checks conducted last week, noting of 26 establishments checked, 17 passed the compliance check and 9 failed. She stated 5 incident reports from that compliance check have been prepared to date and asked the Authority to consider whether there is probable cause to schedule a show cause hearings for those 5 establishments. Authority member Cooper made a motion, seconded by Authority member Guerrie, to find that probable cause exists to schedule show cause hearings for the following establishments: Mini Mart, 1801 North College Schrader's Country Store, 940 South Lemay Schrader's Country Store, 1517 South Lemay Toddy's, 2601 South Lemay Seven Eleven, 3035 West Prospect Yeas: Cooper, Crowfoot, Guerrie, Mael, Norton, Poncelow, and Wawro. Nays: None. February 27, 1991 THE MOTION CARRIED. Authority member Crowfoot made a motion, seconded by Authority member Norton, to direct staff to determine which 3 establishments will be heard at the March 27 meeting and which 2 establishments will be scheduled for the April 24 meeting. Yeas: Cooper, Crowfoot, Guerrie, Mael, Norton, Poncelow, and Wawro. Nays: None. THE MOTION CARRIED. Authority member Poncelow told Officer Tellez that the Authority appreciates the compliance checks being done and noted that the Authority was planning to send a letter to the Chief of Police requesting additional enforcement. Other Business Members of the Authority commended Officer Tellez for his attempts to reach a plea bargain agreement in the Washington's show cause hearing. The Authority indicated that although this particular proposal did not work out, the Authority was interested in seeing plea bargain agreements in the future. The Authority and Officer Tellez discussed the merits of the proposal in the Washington's case and discussed possible future scenarios for plea bargain agreements. Adjournment Authority member Cooper made a motion, to adjourn. Yeas: Cooper, Crowfoot, Wawro. Nays: None. THE MOTION CARRIED. seconded by Authority member Crowfoot, Guerrie, Mael, Norton, Poncelow, and The meeting was adjourned at approximately 8:30 p.m. Chairperson —i Secretary