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HomeMy WebLinkAboutLiquor Licensing Authority - Minutes - 06/20/1990LIQUOR LICENSING AUTHORITY MINUTES Regular Meeting - June 20, 1990 6:30 p.m. A regular meeting of the Liquor Licensing Authority was held on Wednesday, June 20, 1990, in the Council Chambers of the Fort Collins Municipal Building. The following members were present: Cooper, Crowfoot, Garber, Mael, and Poncelow. (Authority member Guerrie arrived at approximately 7:15 p.m.) Authority member absent: Norton. 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. 2. Consider approval of the minutes of the May 23 regular meeting A. Diamond Shamrock, 1113 West Drake. B. Diamond Shamrock, 1501 West Elizabeth. Diamond Shamrock Refining and Marketing Company, the 3.2% beer licensee for the Diamond Shamrock stores at 1113 West Drake and 1501 West Elizabeth, is reporting a change of corporate officers and directors. Report of Change of Manager for A. Vicker's #2487, 2025 South College. B. Vicker's #2622, 200 West Horsetooth. Metro Oil Company, the 3.2% beer licensee for Vicker's #2487, 2025 South College, and Vicker's #2622, 200 West Horsetooth, is reporting a change of manager for both locations. The registered managers of these locations are switching places. • • June 20, 1990 Authority member Cooper made a motion, seconded by Authority member Mael, to adopt and approve all items not removed from the Consent Calendar. Yeas: Cooper, Crowfoot, Garber, Mael, and Poncelow. Nays: None. THE MOTION CARRIED. Report of Change of Manager for Archer's. 3524 South Mason, Approved Jeffrey Miller, manager, stated that prior to becoming manager approximately three weeks ago he was a contract consultant for the establishment. He noted his experience at other liquor -licensed establishments and stated there were no violations at those establishments while he was manager. He stated there would be no changes at the establishment and noted the carding policies will be the same. Mr. Miller indicated the establishment no longer has live entertainment. In response to a question from the Authority, Mr. Miller stated he was no longer working at The Junction at the time a specific liquor violation occurred. Authority member Garber made a motion, seconded by Authority member Crowfoot, to approve Jeffrey Miller as manager of Archer's, 3524 South Mason. Yeas: Cooper, Crowfoot, Garber, Mael, and Poncelow. Nays: None. THE MOTION CARRIED. Registration of Kevin Bonich as Manager of Red Lobster Restaurant #393, 3301 South College. Postponed until August 15 (Secretary's Note: Kevin Bonich was called out of town unexpectedly and was not able to attend this meeting. The item was rescheduled for August 15.) Request from Ram Pub Corporation of Colorado, dba Chesterfield, Bottomsley, and Potts, 1415 West Elizabeth, to Change, Alter, or Modify the Premises, Modification Found Substantial and Approved Kevin Sheesley, manager, explained the problems with filing the application for approval of the modifications. He stated apparently the Authority had not been made aware of the last modifications to the premises, and therefore the changes to the establishment are different from the floor plans on file. Secretary Rita Knoll explained that the file indicates that the last modification to the establishment was in 1988 and noted that a copy of that floor plan was in the Authority's agenda. She explained that she compared the 1988 floor plan to the plans which were filed with the Building Inspection Division for the construction that is currently taking place, • June 20, 1990 and determined that the new construction is larger than the last approved patio. Mr. Sheesley stated the new enclosure will seat approximately 70 people. He stated the existing patio could be used only 3 months a year and the establishment needs the extra seating year round. He stated the enclosed area will actually seat a few less people than the open patio did. Mr. Sheesley stated they were considering adding a patio area at a later date. He described the layout of the enclosed patio area. He stated he has received positive input from customers and noted that the enclosure will reduce the waiting period for a table. Authority member Cooper made a motion, seconded by Authority member Crowfoot, to find that the modifications to Chesterfield, Bottomsley, and Potts, 1415 West Elizabeth, are substantial. Authority member Garber stated he believed that building walls and adding a roof constitutes a substantial modification, but he could understand how the manager might be confused about what constitutes a substantial modification. The vote on Authority member Cooper's motion was as follows: Yeas: Cooper, Crowfoot, Garber, Mael, and Poncelow. Nays: None. THE MOTION CARRIED. Mr. Sheesley stated he was prepared to present evidence regarding the needs and desires of the neighborhood for the expansion. He stated he had letters from two customers who also live within the neighborhood boundaries. He indicated he has not received any negative comments about the construction, but has received a lot of positive comments. Authority member Garber made a motion, seconded by Authority member Mael, to hold a hearing to consider evidence relative to the modification of premises at Chesterfield, Bottomsley, and Potts, 1415 West Elizabeth. Yeas: Crowfoot, Garber, Mael, and Poncelow. Nays: Cooper. THE MOTION CARRIED. Authority member Cooper stated although he is in favor of the modifications, he believed the City should give the neighborhood an opportunity to vocalize their feelings about the modification. Kevin Sheesley was sworn. He presented the Authority with two letters in support of the modification, which were marked as Exhibits A and B and admitted into evidence. Mr. Sheesley stated the enclosed patio area will be fully staffed and noted the area is fully visible from the bar. He reiterated that there have been no complaints about the expansion and added that there were no complaints about the patio which was previously used. Authority member Mael made a motion, seconded by Authority member Garber, to approve the modification of premises for Chesterfield, Bottomsley, and • June 20, 1990 Potts, 1415 West Elizabeth. Yeas Poncelow. Nays: None. THE MOTION CARRIED. Cooper, Crowfoot, Garber, Mael, and Consideration of an Application from the Foothills Sertoma Club for a Special Events Permit at Library Park, 201 Peterson Approved Authority member Crowfoot indicated she knows the representative for this application and stated she did not believe it would affect her decision on this matter. Don Huss, Foothills Sertoma Club, stated this application is for a beer garden during the New West Fest and noted the area was the same area used last year. He described how the event was controlled last year and indicated that similar methods would be used this year. He stated the consumption of beer would be restricted to the licensed area. Mr. Huss stated a hand stamp system would be used this year for identifying individuals who are old enough to drink. Authority member Cooper expressed concern about the hand stamping system. He stated that the hand stamp system is not a good substitute for checking ID's. Mr. Huss stated they would not be opposed to changing their method of checking ID's. He stated the event went smoothly last year. Authority member Cooper made a motion, seconded by Authority member Crowfoot, to approve a special events permit for the Foothills Sertoma Club on August 18 and 19 at Library Park, 201 Peterson. Yeas: Cooper, Crowfoot, Garber, Mael, and Poncelow. Nays: None. Hearing on a New Application for a 3.2% Beer License at Phar-Nor #226, 4106 South College, Approved Robert Dill, attorney representing Phar-Mor, Inc., introduced himself and called his first witness. George Dorman, 6725 West 84th Way, Arvada, was sworn. He stated he is currently the store manager for the new store at 4106 South College. He stated the store is approximately 5 weeks away from opening, on July 25. He noted Phar-Mor currently has three 3.2% beer licenses in Denver, with the longest license being held for the past 1 1/2 years. Mr. Dorman stated the corporation has never been found in violation of any state or local liquor laws. He noted he worked at the Englewood store for the last 1 1/2 years and indicated he is familiar with the liquor laws. Mr. Dorman stated that the Fort Collins store will not sell refrigerated beer because the • • June 20, 1990 corporation does not encourage immediate consumption of beer after it is purchased from the store. He stated the store consists of approximately 5500 square feet sales floor and 6000 square feet warehouse. He described Phar-Mor as a discount store based out of Youngstown, Ohio. He noted beer sales are traditionally less than 1% of total sales. Mr. Dorman stated the beer will be stored in a locked area and noted that there will be a 30 linear foot display area. He described the video training program regarding the sale of liquor which all employees who may be called upon to run a cash register are required to complete. He stated he believes there is a need in the neighborhood for an additional 3.2% beer license. In response to questions from the Authority, Mr. Dorman stated employees complete a full training program which includes approximately 6 videos. He stated the video on alcohol sales is approximately 1.25 hours long and noted there is a written test following the program. He stated a violation of the liquor law is grounds for termination of employment. Mr. Dorman stated currently approximately 5 of 55 employees are under the age of 18. Brenda Rowe, Oedipus, Inc., was sworn. She described the petitioning process and submitted Applicant's Exhibit A which was identified as a summary report of the petition results, and Applicant's Exhibits B, C, D, and E which were identified as petition documents. With the consent of the Assistant City Attorney, Applicant's Exhibits A, B, C, D, and E were admitted into evidence. Ms. Rowe summarized the results of the petition effort, noting that 197 signatures and 1 verbalization were obtained in support of the application, and 77 signatures and 5 verbalizations were in opposition to the application. She indicated the resulting 71% in favor of the application was very typical for a 3.2% beer application. Edmund Victor, 4566 Seaboard Lane, was sworn. He stated he lives within the neighborhood boundaries designated for this application. He stated he is over the age of 21 and on occasion consumes 3.2% beer. He stated he believed there was a need in the neighborhood for an additional license. He noted the establishment was approximately 1 1/2 blocks from his home and stated it would be convenient for him to purchase beer at Phar-Mor. In response a question from the Authority, Mr. Victor stated he currently purchases beer at the grocery store. Mr. Dill indicated that he had no further evidence to present. Authority member Cooper made a motion, seconded by Authority member Garber, to adopt Resolution 90-05 approving the application of Phar-Mor, Inc. for a 3.2% beer license at Phar-Mor #226, 4106 South College. Yeas: Cooper, Crowfoot, Garber, Mael, and Poncelow. Nays: None. THE MOTION CARRIED. (Secretary's Note: Authority member Guerrie arrived at this point.) C� • June 20, 1990 Hearing on New Application for a Tavern License + 9A9(1 C... 6 P..77..-- AI 1 •__.-_.._.1 Dick Gast, attorney representing Mulligan's, Inc., stated this is an application for a tavern license at the old County Cork location between King Soopers and K-Mart. He described the structure of Mulligan's, Inc. Andy Michaels, 4687 Westridge Drive, was sworn. He stated he is a 50% shareholder and secretary/treasurer of the corporation. He noted he will act as manager of the establishment. Mr. Michaels described his background and noted he has worked for DataLab Group, which owns the shopping center where the establishment is located, for the past 9 years. He stated Greg Gondrezick is a manager at Steele's Market and has worked there for 12 years. Mr. Michaels stated the establishment will be similar to the County Cork and noted it will be a neighborhood tavern with a pub atmosphere. He indicated there will be an extensive food menu and noted the hours of operation will be 11 a.m. to 2 a.m. Monday through Saturday, and 11 a.m. to 10 p.m. on Sunday. Mr. Michaels stated they are expecting the clientele to be middle income and noted they will be enforcing a strict dress code. He described the layout of the establishment and indicated they will be doing extensive remodeling. He stated he will be the on -site manager of the establishment, although Mr. Gondrezick will also act as a manager. He stated Jeff Schickler has been hired as lead bar person, who has 13 years experience with the bar/restaurant business. He stated they would rely heavily on Mr. Schickler for training and inventory control. Mr. Michaels estimated they will have 15 employees. He stated feedback from old customers of the County Cork indicates that because the new County Cork is so different from the old location, the customers feel as if they have lost the neighborhood pub atmosphere. He stated those customers have expressed an interest in being able to come back to that type of establishment. In response to questions from the Authority, Mr. Michaels stated he believed the nature of the establishment demands a tavern license rather than a hotel -restaurant license. He stated although they estimate food sales could reach 50%, that is merely speculation. He stated he and Mr. Gondrezick have a lot of management experience, but none connected with the liquor business. He stated Jeff Schickler has 13 years experience and noted they will rely heavily on Mr. Schickler to develop and conduct the training program. Mr. Michaels explained the financing for the establishment. Jeff Schickler, 4902 Deertrail Court, was sworn. He described his experience with the sale alcoholic beverages through him employment with Concept Restaurants and other liquor -licensed establishments in the Fort Collins area. He indicated that he has attended the class conducted by Officer Tellez. He stated he will be the head bartender and will be helping the owners organize and train staff. Mr. Schickler stated he is familiar with the liquor laws. He described training that will be provided to employees and noted that many of the employees of the establishment have worked in other establishments in town. He stated he has never been involved with a liquor violation. • June 20, 1990 In response to questions from the Authority, Mr. Schickler stated no one under the age of 21 will be allowed in the establishment after 9 p.m. He stated ID's will be checked for anyone who appears to be under the age of 35. He stated they are not planning any drink specials. Mike O'Brien, 600 Dartmouth Circle, was sworn. He stated he lives within the neighborhood boundaries and also has an office in the neighborhood. He stated he believed there is a need in the neighborhood for a pub with the kind of neighborhood flair proposed by the applicants. He stated he has no business relationship with the owners. Larry Jenkins, 1625 Tanglewood Drive, was sworn. He stated he owns a business in the South College Shops and looks forward to the establishment opening. He stated the establishment will be an attribute for the South College Shops. Mr. Jenkins noted he and Mr. Michaels jointly own rental property. Eileen Swiers, Market Service Associates, was sworn. She described the petitioning used for this application. Applicant's Exhibit A was admitted into evidence and identified as a summary report of the petition results. Applicant's Exhibits B, C, D, and E were admitted into evidence and identified as petition documents. Ms. Swiers summarized the results of the petition effort, noting that 280 signatures were obtained in support of the application, and 75 signatures were in opposition to the application. She stated the resulting 79% in favor of the application was above average. Mr. Gast indicated he had no further evidence to present. Authority member Cooper made a motion, seconded by Authority member Garber, to adopt Resolution 90-04 approving the application of Mulligan's, Inc. for a tavern license at Mulligan's, 2439 South College. Yeas: Cooper, Crowfoot, Garber, Guerrie, Mael, and Poncelow. Nays: None. THE MOTION CARRIED. Police Report Police Investigator Sandy Gibson advised the Authority of an incident that allegedly occurred at Gators, 1220 West Elizabeth, involving an unreported disturbance at Gators. She stated the informant has indicated that the the employees at Gators made no attempt to assist her in reporting the incident to the Police Department. Authority member Mael made a motion, seconded by Authority member Cooper, to determine that probable cause exists to schedule a show cause hearing on August 15, 1990 for Gators, 1220 West Elizabeth, and to direct the City Attorney's Office to issue subpoenas to appropriate witnesses. Yeas: Cooper, Crowfoot, Garber, Guerrie, Mael, and Poncelow. Nays: None. • June 20, 1990 THE MOTION CARRIED. Other Business Noise Problem at Lindens Jim Reidhead, 235 Linden, addressed the Authority regarding noise in Old Town. He spoke of his involvement in the Old Town area for the past 17 years. He gave the Authority a history of noise problems with Lindens and spoke of unsuccessful attempts on his part to have the problem corrected. He appealed to the Authority to do something about noise from Lindens, 214 Linden. Authority member Poncelow advised Mr. Reidhead that the Authority received a report from Sandy Gibson at the last meeting about this problem. She stated the Authority would need evidence in order to take action against the licensee. Following discussion about how the Authority could be responsive to Mr. Reidhead's complaint, Authority member Cooper made a motion, seconded by Authority member Guerrie, to direct staff to send a letter to Lindens advising them of a potential problem developing, advising them of the laws relating to this problem, and notifying them that possible action by the Authority may be necessary if the problem is not resolved. Yeas: Cooper, Crowfoot, Garber, Guerrie, Mael, and Poncelow. Nays: None. THE MOTION CARRIED. Amendments to Open Meeting Provisions Assistant City Attorney Duval outlined the proposed amendments to the open meetings provisions of the City Code. Authority members discussed the proposal to amend the open meetings provisions as proposed by the City Attorney's Office. The consensus of the Authority was that they would prefer to have the ability to adjourn into executive session to discuss the legal aspects of approving or denying a liquor license. Authority member Poncelow agreed to draft a letter to the City Attorney's Office addressing the Authority's concern about the impact on the Authority's ability to perform its duties. Northern Dining and Bar Bazaar Authority member Crowfoot asked for an update on the Northern Dining and Bar Bazaar. Assistant City Attorney Duval stated he was not aware of any liquor -related issues, but noted there are some issues surrounding alleged violations of the Fire and Building Codes. • 0 June 20, 1990 TDMH Lawsuit Assistant City Attorney Duval stated there was nothing new to report on this case. . AdJournment Authority member Mael made a motion, seconded by Authority member Garber, to adjourn. Yeas: Cooper, Crowfoot, Garber, Guerrie, Mael, and Poncelow. Nays: None. THE MOTION CARRIED. The meeting was adjourned at approximately 8:50 p.m. a c1t, Pr�n Chairperson Secretary