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HomeMy WebLinkAboutLiquor Licensing Authority - Minutes - 01/23/1991LIQUOR LICENSING AUTHORITY MINUTES Regular Meeting - January 23, 1991 6:30 p.m. A regular meeting of the Liquor Licensing Authority was held on Wednesday, January 23, 1991, in the Council Chambers of the Fort Collins Municipal Building. The following members were present: Cooper, Mael, Poncelow, and Wawro. (Authority member Norton arrived at approximately 7:05 p.m.) Authority Members Absent: Crowfoot and Guerrie. Staff Members Present: John Duval, City Attorney's Office Rita Knoll Harris, City Clerk's Office Sandy Gibson, Police Department Authority member Poncelow stated Item #10, Transfer of Ownership of Meatballs, 344 East Foothills Parkway, and Trade Name Change to Casa Deli Cioso, had been withdrawn by the applicant. 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. 2. 3. Approval of the minutes of the December 5. 1990 regular meeting. Longs Drug Stores California, Inc., the 3.2% beer licensee for Longs Drug Store, 749 South Lemay, is reporting a change of corporate officers. James Famini and Ronald Lovelady have been elected as vice presidents of the corporation. Circle K Convenience Stores, Inc., the 3.2% beer licensee for Circle K #1987, 949 South Taft Hill Road, is reporting a change of corporate officers and directors. Robert Dearth, Jr. is replacing Robert Reade as president and director of the corporation. Bart Brown, Jr. is replacing Karl Eller as a director of the corporation. 4. January 23, 1991 Old Chicago Fort Collins, Inc., the hotel -restaurant licensee for Old Chicago, 147 South College, is reporting a change of corporate officers. Arthur Wong is replacing Larry Hennessy as vice-president and secretary of the corporation. In addition, this item contains a background investigation of Ms. Lola Monson, who was discovered to hold more than a 5% interest in the corporation. Report of Change of Corporate Structure for Larimer County Pizza Hut Inc (now known as Winny Enterprises. Inc.), dba Pizza Hut Restaurant, 2631 South College. Pizza Hut Restaurant, 4643 South Mason. Larimer County Pizza Hut, Inc., the 3.2% beer licensee for the Pizza Hut Restaurants at 2631 South College and 4643 South Mason, is reporting a change of corporate name. Larimer County Pizza Hut, Inc. has been merged into Winny Enterprises, Inc. No changes have been made in corporate officers/directors/shareholders as a result of this merger. The surviving corporation in this merger, Winny Enterprises, Inc., also holds a 3.2% beer license at the Pizza Hut Restaurant at 1075 Pennock Place. Authority member Cooper adopt and approve all Cooper, Mael, Poncelow, THE MOTION CARRIED. made a motion, seconded by Authority member Mael, to items not removed from the Consent Calendar. Yeas: and Wawro. Nays: None. Report of Change of Manager for Pizza Hut Restaurant, 2631 South College, Approved Gary Bolton, vice-president of operations for Winter Enterprises in northern Colorado, stated he is applying for approval as manager of the Pizza Hut at 2631 South College. He noted he has been with Pizza Hut for 20 years and is very familiar with the laws concerning beer sales. He stated beer sales are less than 1% of total sales. Mr. Bolton stated there have been no violations at any of the Pizza Hut restaurants in northern Colorado since 1980. He stated he oversees the training of all employees and described the training program. He stated he is registering as the manager of this location until a new manager is hired. He stated the company would prefer to have him registered as the manager at all the locations so that when a manager under his supervision leaves, the company does not have to register a new manager. Assistant City Attorney John Duval pointed out that the City Code provides that no person shall be the registered manager for more than 1 licensed premises. January 23, 1991 He stated Mr. Bolton could be the registered manager for this location only and that other managers must be maintained at other locations in Fort Collins. Authority member Cooper made a motion, seconded by Authority member Wawro, tc approve Gary Bolton as manager of Pizza Hut Restaurant, 2631 South College. Yeas: Cooper, Mael, Poncelow, and Wawro. Nays: None. THE MOTION CARRIED. Report of Change of Manager for Schrader's Joanne Dean, manager, stated the previous manager of this store was transferred to Thornton. She stated she has been an employee with Schrader Oil Company for approximately 2 years and manager since November. She stated she received her training as a manager at another store. She stated she was a bartender for 15 years and noted she is familiar with the liquor laws. Ms. Dean spoke of training that is provided to employees. Authority member Mael made a motion, seconded by Authority member Cooper, to approve Joanne Dean as manager of Schrader's Country Store #400, 1331 West Elizabeth. Yeas: Cooper, Mael, Poncelow, and Wawro. Nays: None. THE MOTION CARRIED. Request from Ram Pub Corporation of Colorado, dba Chesterfield, Bottomsley, and Potts, 1415 West Elizabeth, to Change, Alter, or Modify the Premises. Found Substantial and Approved Kevin Sheesley, manager, approached the Authority with plans for the addition of a outdoor patio on the north side of the establishment. He described the plans for the patio and noted the construction will cost approximately $30,000. He stated the patio deck will be elevated 30 inches off the ground and noted that the low shrubs currently in place will remain there. He stated elevating the deck will provided added security for liquor control. Mr. Sheesley stated the patio will be within a foot of the sidewalk along Elizabeth Street. He stated he did not anticipate an increase in the percentage of alcohol sales. He stated the establishment currently seats over 300 people and the patio will add 50 to 60 seats. Mr. Sheesley stated the only access to the patio will be through the restaurant and noted the patio will have emergency exits. He stated a limited menu will be served on the patio. Authority member Cooper made a motion, seconded by Authority member Wawro, to find that the proposed expansion of Chesterfield, Bottomsley, and Potts, 1415 West Elizabeth, is substantial. Yeas: Cooper, Mael, Poncelow, and Wawro. Nays: None. THE MOTION CARRIED. January 23, 1991 Mr. Sheesley indicated he was prepared to present evidence at this meeting regarding the need for the expansion. Authority member Mael made a motion, seconded by Authority member Cooper, to hold a hearing at this time. Yeas: Cooper, Mael, Poncelow, and Wawro. Nays: None. THE MOTION CARRIED. Kevin Sheesley was sworn. He stated there have been no negative comments from customers or neighbors, but noted there were complaints about noise from the old patio. He stated that the location on the north side of the building should eliminate those problems. He stated he had a petition and letters in support of the patio addition. Mr. Sheesley stated land has been purchased to the south of the establishment, behind the Duds N' Suds for additional parking. Assistant City Attorney John Duval stated that the petition, marked as Applicant's Exhibit A, was not admissible into evidence because it did not contain the age of the individuals signing the petition as required by City Code. He stated Applicant's Exhibits B, C, D, and E, identified as letters of support for the patio addition, are admissible if Mr. Sheesley can testify that the individuals are inhabitants of the neighborhood. Mr. Sheesley testified that Mark Schermerhorn (Exhibit B) owns a business at the corner of Taft Hill Road and West Elizabeth. He stated Sam Robb (Exhibit C) jointly owns the business at Taft Hill and West Elizabeth with Mr. Schermerhorn. He stated Ed Menges (Exhibit D) owns Marshall Distributing Company which is not within the neighborhood. Mr. Sheesley indicated Christine Susemihl (Exhibit E) is employed with the CSU Athletic Department and lives near the Spring Creek Runoff. (Secretary's Note: Applicant's Exhibits B, C, and E were admitted into evidence. Applicant's Exhibit D was not admitted.) Authority member Wawro made a motion, seconded by Authority member Cooper, to approve the modification of Chesterfield, Bottomsley, and Potts, 1415 West Elizabeth. Yeas: Cooper, Mael, Poncelow, and Wawro. Nays: None. THE MOTION CARRIED. (Secretary's Note: Authority member Norton arrived at this point.) Police Report Police Investigator Sandy Gibson brought the Authority's attention to the police report on a incident at Washington's Bar and Grill, 132 West LaPorte. She stated Officer Tellez believes he has enough evidence to prove a violation did occur at this establishment. Authority member Cooper made a motion, seconded by Authority member Norton, to find that probable cause exists to schedule a show cause hearing on February 27 January 23, 1991 for Washington's Bar and Grill, 132 West Laporte. Yeas: Cooper, Mael, Norton, Poncelow, and Wawro. Nays: None. li: *01yii7ifT1i t7: *111 Other Business Annual Report Secretary Rita Harris presented the 1990 Annual Report to the Authority and stated if the report was acceptable, a motion would be needed to approve the report. Authority member Mael made a motion, seconded by Authority member Norton, to approve the 1990 Annual Report as prepared by the City Clerk's Office. Yeas: Cooper, Mael, Norton, Poncelow, and Wawro. Nays: None. II.IB;uCSi(iPi�lli3f� Compliance Checks Authority member Poncelow commented on the dwindling trend in show cause hearings as evidenced in the 1990 Annual Report. She expressed interest in sending a letter to the new police chief requesting more compliance checks. Authority member Cooper stated he believed it would be appropriate for the Authority to send a letter to the police chief encouraging that compliance checks occur more frequently. Authority member Mael stated he would like to see more inspections for technical aspects of the liquor laws, i.e. posting of licenses, food service requirements, etc. Following discussion, the consensus of the Authority was to have the chairperson write a letter, with the assistance of the Assistant City Attorney, to the police chief expressing the Authority's desire for more compliance checks. Training Session Authority member Cooper stated he had visited with a member of the Loveland Liquor Licensing Authority about a joint training session with the Loveland Authority and asked if staff has made any progress in arranging a session. Secretary Rita Harris stated Dave Sauter of the State Liquor Enforcement Division was supposedly putting together a session and indicated she has not talked with Mr. Sauter for several months. She agreed to contact the Loveland City Clerk's Office and Dave Sauter in an attempt to schedule a session. 0 • January 23, 1991 TDMH Settlement Assistant City Attorney John Duval advised the Authority of the status of the TDMH lawsuit settlement. Adjournment Authority member Mael made a motion, seconded by Authority member Wawro, to adjourn. Yeas: Cooper, Mael, Norton, Poncelow, and Wawro. Nays: None. THE MOTION CARRIED. The meeting was adjourned at approximately 7:2�� Chairperson Secretary