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HomeMy WebLinkAboutLiquor Licensing Authority - Minutes - 11/07/1990LIQUOR LICENSING AUTHORITY MINUTES Regular Meeting - November 7, 1990 6:30 p.m. A regular meeting of the Liquor Licensing Authority was held on Wednesday, November 7, 1990, 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, City Clerk's Office Sandy Gibson, Police Department Consent Calendar This 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. Items of extreme controversy will be discussed near the end of the meeting under Pulled Consent Items. 1. Consider approval of the minutes of the October 10 regular meeting 2. 0 4. This is a request from The Prime Minister's Pub and Grille, Inc., the hotel -restaurant licensee for The Prime Minister, 3905 South College, to change the trade name of the establishment to Beckett's. This item represents a change of corporate structure for Albertson's, Inc., the 3.2% beer licensee for Albertson's Food Center #862, 3660 South Mason, Kaye O'Riordan is replacing Leslie Bock as secretary of the corporation. Longs Drug Stores California, Inc., the 3.2% beer licensee for Longs Drug Store, 743 South Lemay, is reporting a change of corporate officers. Richard Collins and James Sweeney have been elected as Vice Presidents of the corporation. November 7, 1990 Authority member Poncelow requested Item #1, Consider Approval of the Minutes of the October 10 Regular Meeting, be removed from the Consent Calendar. Authority member Wawro made a motion, seconded by Authority member Crowfoot, to adopt and approve all items not removed from the Consent Calendar. Yeas: Cooper, Crowfoot, Mael, Norton, Poncelow, and Wawro. Nays: None. THE MOTION CARRIED. Consider Approval of the Minutes of the October 10 Regular Meeting Authority member Poncelow pointed out that the vote on the item relating to a modification of premises at Delfannies should be changed to reflect that she did not vote on the item. She stated Mr. Wawro's name should be listed in place of her name. Authority member Norton made a motion, seconded by Authority member Crowfoot, to approve the minutes of the October 10 regular meeting as amended. Yeas: Cooper, Crowfoot, Mael, Norton, Poncelow, and Wawro. Nays: None. THE MOTION CARRIED. Report of Manager for Albertson's Food Center #862. 3660 South Mason, Approved Timothy Sturges, manager, stated he has been the manager at this store for 2 years. He noted the application contained a typing error regarding the length of his employment at this location. He stated he learned about the requirement to be registered approximately 6 weeks ago. Mr. Sturges stated there was one violation at the store under his management and explained the circumstances surrounding that violation. He spoke of training provided to employees. Authority member Cooper made a motion, seconded by Authority member Crowfoot, to approve Timothy Sturges as manager of Albertson's Food Center #862, 3660 South Mason. Yeas: Cooper, Crowfoot, Mael, Norton, Poncelow, and Wawro. Nays: None. THE MOTION CARRIED. • • November 7, 1990 Registration of Joseph Beck as Manager of Washington's Bar and Grill. 132 LaPorte Avenue, Approved Joseph Beck, manager, stated he started as manager at Washington's in June. He spoke of management changes at the establishment over the last few years. He stated there have been no violations at the establishment since he became manager and noted there were no violations at other establishments during his employment. Mr. Beck stated he was no planning to change any of the training procedures at this time. Authority member Norton made a motion, seconded by Authority member Crowfoot, to approve Joseph Beck as manager of Washington's Bar and Grill, 132 LaPorte Avenue. Yeas: Cooper, Crowfoot, Mael, Norton, Poncelow, and Wawro. Nays: None. THE MOTION CARRIED. Hearing on a New Application for a Hotel -Restaurant License at Picasso's. 400 East Olive, Approved Paul Chatfield, applicant, stated the new restaurant will be an Italian restaurant with full -service lunch and dinner. He stated although he is applying for a hotel -restaurant license, initially only beer and wine will be served. He noted the restaurant will not have a lounge area. Mr. Chatfield acknowledged that he also holds a hotel -restaurant license at Cuisine, Cuisine and stated he manages that restaurant himself. He stated he will also manage Picasso's. He noted there have been no liquor violations at Cuisine, Cuisine under his ownership. Mr. Chatfield stated although the second floor is to be included in the licensed premises, it will not be opened until a later date. He spoke of structural changes required to satisfy Building Code provisions. He stated the licensed premises does include a patio area which is surrounded by a picket fence. He stated the main floor will seat approximately 56, the patio will seat 20, and the upstairs will possibly seat 20. Mr. Chatfield indicated he hopes to open the establishment the first week in December. After review, Assistant City Attorney Duval advised the Authority that Applicant's Exhibits A and B, identified as petitions circulated on behalf of the application, did not contain a verification of circulator as required by City Code. He stated he believed Mr. Chatfield circulated Applicant's Exhibit A himself, and could testify regarding that circulation. With that testimony, he stated Applicant's Exhibit A would be admissible into evidence with the exception of 26 signatures which he struck because they were defective. Mr. Duval stated Applicant's Exhibit B appears to have been circulated by other individuals who were not present to testify and therefore Applicant's Exhibit B is not admissible into evidence. Mr. Chatfield testified that he circulated the petition documents marked as Applicant's Exhibit A. He described the petitioning process and spoke of n LJ • November 7, 1990 the reasons people elected not to sign the petition or signed in opposition to the application. With the consent of the Assistant City Attorney, Applicant's Exhibit A was admitted into evidence. Authority member Crowfoot made a motion, seconded by Authority member Cooper, to adopt Resolution 90-14 approving the application of Paul Chatfield for a hotel -restaurant license at Picasso's, 400 East Olive. Yeas: Cooper, Crowfoot, Mael, Norton, Poncelow, and Wawro. Nays: None. THE MOTION CARRIED. Hearing on a New Application for a Hotel -Restaurant License at Coco Loco Taqueria and Cantina, 134 South College, Approved Kurt Thompson and Lorenzo Fuerte, Jr., applicants, were sworn. Mr. Thompson stated the establishment will be a small mexican restaurant with a bar. He spoke of fire damage that is being repaired at the establishment. Mr. Thompson stated patrons of the restaurant will purchase food at a counter rather than have waitresses serving tables. He noted liquor sales will also occur at the bar rather than by table service. He stated the establishment will seat 96. Mr. Fuerte described the floor plan of the establishment. He stated they will be serving drinks which complement mexican food. He stated they are planning to have live entertainment once or twice a week, providing a cantina atmosphere. Mr. Fuerte stated they will serve lunch and dinner and spoke of the carding policies. He indicated the food and alcohol service will be similar to the E1 Burrito. Mr. Fuerte stated they were scheduled to meet with Officer Ernie Tellez, who will train them on the liquor laws and checking ID's. He noted he has worked special events for Holy Family Church. Mr. Thompson stated he has worked in insurance for several years and noted he if very familiar with DRAM shop laws. He stated he and Mr. Fuerte will be training employees. Mr. Thompson noted he will serve as general manager and will be commuting from Denver. Mr. Fuerte spoke of loans he has received from relatives in order to finance his part of the business. With the consent of the Assistant City Attorney, Applicant's Exhibits A and B were admitted into evidence and identified as petitions circulated on behalf of the application. In response to a question from the Authority, Mr. Thompson stated they are still in the process of having construction plans reviewed and approved by the City. • • November 7, 1990 Mr. Fuerte stated the petitions were circulated by two women. He stated they obtained approximately 250 signatures in support of the application. Authority member Cooper made a motion, seconded by Authority member Crowfoot, to adopt Resolution 90-15 approving the application of Puco, Inc. for a hotel -restaurant license at Coco Loco Taqueria and Cantina, 134 South College. Authority member Mael stated he would support the motion, but noted he was concerned about the structure of the liquor service. Authority member Norton agreed and suggested the applicant change the point where ID's are checked. Authority member Poncelow spoke of the potential for the establishment to become crowded with CSU students and cautioned the applicants about underage individuals attempting to purchase alcohol. The vote on Authority member Cooper's motion was as follows: Yeas: Cooper, Crowfoot, Mael, Norton, Poncelow, and Wawro. Nays: None. THE MOTION CARRIED. Police Report Gators Police Investigator Sandy Gibson pointed out that the Authority had been provided a copy of a police report alleging sale to an underage individual at Gators. She stated if the Authority wanted, she could attempt to subpoena the juvenile involved for a show cause hearing. She stated she believed it might be difficult to locate the juvenile because he lives in Denver. In response to a question from the Authority, Assistant City Attorney Duval stated the testimony of the officer could be sufficient for a show cause hearing. Authority member Mael made a motion, seconded by Authority member Crowfoot, to find probable cause to hold a show cause hearing for Gators, 1220 West Elizabeth. Authority members expressed concern about the quality of the police report and asked questions of the Assistant City Attorney regarding possible action. Ms. Gibson stated she believed the police report was insufficient and noted she would be working with other people in the department to provide training to officers on preparing police reports on liquor violations. • November 7, 1990 The vote on Authority member Mael's motion was as follows: Yeas: Crowfoot and Mael. Nays: Cooper, Norton, Poncelow, and Wawro. THE MOTION FAILED. Enforcement Bulletin Police Investigator Sandy Gibson brought to the Authority's attention to Enforcement Bulletin 90-3 prepared by the State Liquor Enforcement Division. She stated the bulletin addresses the testing of persons for intoxication with a mechanical device. Ms. Gibson asked the Authority for direction on what information from a police officer would be sufficient to satisfy the Authority that there is enough evidence to find liquor -licensed establishments guilty of violation of the liquor laws. The Authority provided Ms. Gibson with suggestions for improved police reports and testimony during show cause hearings. Other Business Executive Session Authorized Authority member Cooper made a motion, seconded by Authority member Crowfoot, to adjourn into Executive Session for the purpose of discussing legal matters. Yeas: Cooper, Crowfoot, Mael, Norton, Poncelow, and Wawro. Nays: None. THE MOTION CARRIED. At the conclusion of the Executive Session, Authority member Norton made a motion, seconded by Authority member Cooper, to direct the Assistant City Attorney to pursue a settlement in the TDMH lawsuit. Yeas: Cooper, Crowfoot, Mael, Norton, Poncelow, and Wawro. Nays: None. THE MOTION CARRIED. Adjournment Authority member Wawro made a motion, seconded by Authority member Crowfoot, to adjourn. Yeas: Cooper, Crowfoot, Mael, Norton, Poncelow, and Wawro. Nays: None. THE MOTION CARRIED. November 7, 1990 The meeting was adjourned at approximately 8:10 p.m. n S4 a� OL Pam. e Cr Chairperso Secretary