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HomeMy WebLinkAboutLiquor Licensing Authority - Minutes - 10/10/1990LIQUOR LICENSING AUTHORITY MINUTES Regular Meeting - October 10, 1990 6:30 p.m. A regular meeting of the Liquor Licensing Authority was held on Wednesday, October 10, 1990, in the Council Chambers of the Fort Collins Municipal Building. The following members were present: Cooper, Crowfoot, Mael, Norton, and Wawro. Authority members absent: Guerrie and Poncelow. Staff Members Present: John Duval, City Attorney's Office Rita Knoll, City Clerk's Office 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 September 12 regular meeting. A 3. C Plus of Colorado, Inc., the 3.2% beer licensee for Convenience Plus, 1013 Centre Avenue, is reporting a change in stockholders. Stock previously held by C Plus, Inc. has been reissued to Ronald Hagmeyer and Donovan Quam. Jefferson Grill, Inc., the hotel -restaurant licensee for the Jefferson Grill, 200 Jefferson Street, is requesting approval of Jane Potter as manager of the establishment. Ms. Potter is replacing Scott Hamilton. Authority member Crowfoot made a motion, seconded by Authority member Norton, to adopt and approve all items not removed from the Consent Calendar. Yeas: Cooper, Crowfoot, Mael, Norton, and Wawro. Nays: None. THE MOTION CARRIED. • • October 10, 1990 Request from Delfannies Restaurant and Deli, Inc., dba Delfannies, 215 East Foothills Parkway, to Change, Alter. or Modify the Premises, Approved (Secretary's Note: The Authority considered this item at its September 12, 1990 meeting and found the proposed expansion to be substantial. A hearing was scheduled for this date to allow the applicant to gather evidence in support of the expansion.) Delbert LeBlanc, owner, was sworn. He described the proposed expansion and noted that the expansion is a result of remodeling at Foothills Fashion Mall. He stated an additional 30 seats will be added by the expansion. He stated he had letters in support of the expansion and a petition circulated among customers of the establishment. With the consent of the Assistant City Attorney, Applicant's Exhibits A and B were admitted into evidence and identified as letters expressing support for the application. In response to questions from the Assistant City Attorney, Mr. LeBlanc stated the petition was placed on the hostess stand at the front of the restaurant for customers to sign. Assistant City Attorney Duval advised the Authority that the petition was not admissible because it could not be properly verified. Susan Richardson, representing the Jewelry Emporium, was sworn. She stated she frequents Defannies 2-3 times per week to entertain customers and meet with representatives. She stated Delfannies is the only sit-down restaurant in the mall. She spoke of the volume of business at the establishment and noted she often has to wait for a table. Ms. Richardson stated she believed the expansion would facilitate quicker seating during the lunch hour. In response to questions from the Authority, Mr. LeBlanc stated he did not believe the additional seats would change the percentage of liquor sales. He stated liquor sales are currently approximately 7%. He stated there will be no changes to the bar area of the establishment. Authority member Cooper made a motion, seconded by Authority member Norton, to approve the expansion of Delfannies, 215 East Foothills Parkway. Yeas: Cooper, Crowfoot, Mael, Norton, and Wawro. Nays: None. THE MOTION CARRIED. Report of Change of Manager for Comedy Works. #7 Old Town Square, Suite 114, Approved Steve Kiefer, manager, stated he has been with Comedy Works since May. In response to a question from the Authority, he stated that the DWAI on his record in 1985 was not indicative of a continuing problem. He spoke of the • October 10, 1990 training he received when he was hired as the manager and described the bar training provided to employees. He noted Officer Ernie Tellez assists in training employees. He stated there were no liquor violations during his employment at other liquor -licensed establishments. With regard to job terminations listed in his background investigation questionnaire, Mr. Kiefer stated none of them were connected with liquor violations. Authority member Norton made a motion, seconded by Authority member Crowfoot, to approve Steve Kiefer as manager of Comedy Works, #7 Old Town Square. Yeas: Cooper, Crowfoot, Mael, Norton, and Wawro. Nays: None. THE MOTION CARRIED. Consideration of an Application from the Colorado State University Department of Music, Theatre, and Dance for a Special Events Permit at the Lory Student Center. Approved Lee Egbert, event manager, described the event. He noted the Elizabethan Madrigal Dinners are an annual event and stated a small glass of sherry would be served prior to the performance and a maximum of two glasses of wine would be served during the performance. He stated the event would be November 29 through December 1 and indicated approximately 250-275 people are expected to attend each performance. Mr. Egbert described the method that will be used to control alcohol service and the checking of identification. He explained changes made from previous years in order to provide better control of alcohol consumption. Authority member Cooper made a motion, seconded by Authority member Crowfoot, to approve the special events permit for the Colorado State University Department of Music, Theatre, and Dance at the Lory Student Center on November 29 through December 1, 1990. Yeas: Cooper, Crowfoot, Mael, Norton, and Wawro. Nays: None. THE MOTION CARRIED. Consideration of an Application from the Women's Center of Larimer County for a Special Events Permit at the Opera Galleria. 123 North College, Approved Constance Dohn, representing the Women's Center of Larimer County, described the event. She stated the Women's Center will be holding a live and silent auction at the Opera Galleria on November 30. She stated there would be a cash bar at the event and noted there would be musicians providing background music. She stated the live auction would take place during the last 45 minutes of the event and indicated the bar would be closed during the auction. Ms. Dohn stated the Center will hire private security guards. She stated that because the event is a fundraiser for the Center, they anticipated that the event would draw mostly adults. Ms. Dohn described the process that will be used for checking identification and C� J • October 10, 1990 noted that ID's will be checked twice -- once upon entrance to the event and again at the bar. She stated the alcohol service will probably consist of beer and wine only, but noted the final decision has not yet been made. Authority member Norton made a motion, seconded by Authority member Cooper, to approve the special events permit for the Women's Center of Larimer County at the Opera Galleria on November 30, 1990. Yeas: Cooper, Crowfoot, Mael, Norton, and Wawro. Nays: None. THE MOTION CARRIED. Transfer of Ownership of Ram Liquors, 1119 West Drake Road, Approved Daniel Tamlin, applicant, noted he has been employed as the Assistant Manager at Ram Liquors since June 1989 and stated there have been no violations at the establishment during his employment. He stated this is the first job he has held in the retail liquor sales business. He stated his training has come from on-the-job training at the store with the owner of the store. Authority member Cooper made a motion, seconded by Authority member Crowfoot, to approve the transfer of ownership of Ram Liquors, 1119 West Drake Road, from Lawrence Friedlan to Daniel Tamlin. Yeas: Cooper, Crowfoot, Mael, Norton, and Wawro. Nays: None. THE MOTION CARRIED. Hearing on a Change of Class of License for Panhandler's Pizza, 1220 West Elizabeth, Approved John Olson, president of Panhandler's Pizza, Inc., was sworn. He stated he has owned the establishment since March 1981. He described the operation of the restaurant and noted the establishment is open 7 days a week from 10:30 a.m. to midnight. He stated the clientele consists primarily of older CSU students, faculty members, and young professionals and their families. Mr. Olson indicated the establishment is totally non-smoking, and stated he believes that discourages people from sitting and drinking. He spoke of an earlier reputation the establishment had of being a Friday and Saturday night hangout for high school kids. He spoke of a policy instituted approximately 3 years ago which prohibits anyone under the age of 18 in the restaurant after 9 p.m. unless accompanied by a parent. He explained the reasons for applying for a change of class of license and spoke of the impact of the change in the legal drinking age. With the consent of the Assistant City Attorney, Applicant's Exhibit E was admitted into evidence and identified as a training packet which specifically addresses beer and wine service. • • October 10, 1990 Mr. Olson read the introduction to the training packet and outlined the contents of the packet. Nancy Brown, manager, was sworn. She stated she has been the manager at the establishment for 7 years. She spoke of the requests from customers for wine and 6% beer. In response to questions from the Authority, Mr. Olson stated that beer sales are currently 5% of the business. He projected that the alcohol sales will increase by approximately 3% under a beer and wine license and noted he hoped that more people would be attracted to dine in the restaurant instead of having delivery service or takeout. Rob Koellner, owner of Colours, 1107 West Elizabeth, was sworn. He stated his family and several friends live in the neighborhood and eat pizza frequently. He stated he believed the beer selection needs to be changed at the establishment. Dan Holcomb, owner of Odyssey Fun Center, 1213 West Elizabeth, was sworn. He stated he believed Panhandler's is one of the most respected businesses in the neighborhood and spoke of the popularity of the establishment. He stated he could see no reason not to grant the license. Max Scott, Oedipus, Inc., was sworn. With the consent of the Assistant City Attorney, Applicant's Exhibits A, B, C, and D were admitted into evidence and identified as a summary report of the petition results, and petition documents. Mr. Scott described the petitioning process and summarized the results of the petition effort. He noted that 220 signatures and 1 verbalization were obtained in support of the application, and 22 signatures and 1 verbalization were in opposition to the application. He indicated the resulting 91% in favor of the application was very good. In response to questions from the Authority, Mr. Olson speculated as to why the clientele of the establishment has changed over the past 3 years. He spoke of a violation for selling to a minor in 1981. Authority member Cooper made a motion, seconded by Authority member Norton, to adopt Resolution 90-13 approving a beer and wine license at Panhandler's Pizza, 1220 West Elizabeth. Yeas: Cooper, Crowfoot, Mael, Norton, and Wawro. Nays: None. THE MOTION CARRIED. 9 October 10, 1990 Other Business Amendment to Bylaws Secretary Rita Knoll briefly explained the proposed options for amending the Authority's bylaws to change the meeting schedule to a monthly meeting as opposed to a four -week meeting schedule. She stated staff was recommending adoption of Option 3, which provides for the Authority to meet the fourth Wednesday of every month. Authority member Wawro stated that the opposition he raised at the October meeting for meeting the third Wednesday of every month was no longer revelent because his conflict with that schedule will end on December 31. Following discussion, the Authority determined that the fourth Wednesday of each month would be preferable. Authority member Cooper made a motion, seconded by Authority member Crowfoot, to adopt Option 3, amending the bylaws to set the regular meeting schedule as the fourth Wednesday of every month effective in January, 1991. Yeas: Cooper, Crowfoot, Mael, Norton, and Wawro. Nays: None. THE MOTION CARRIED. TDMH Lawsuit Assistant City Attorney John Duval updated the Authority on the status of the TDMH lawsuit. Adjournment Authority member Cooper made a motion, seconded by Authority member Wawro, to adjourn. Yeas: Cooper, Crowfoot, Mael, Norton, and Wawro. Nays: None. THE MOTION CARRIED. The meeting was adjourned at approximately 7:30 p.m. /! / Wye, /// ee 1Jo ePl.✓� fa. Chairperson Secretary