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HomeMy WebLinkAboutLiquor Licensing Authority - Minutes - 03/28/1990LIQUOR LICENSING AUTHORITY MINUTES Regular Meeting - March 28, 1990 6:38 p.m. A regular meeting of the Liquor Licensing Authority was held on Wednesday, March 28, 1990, in the Council Chambers of the Fort Collins Municipal Building. The following members were present: Cooper, Crowfoot, Guerrie, Mae], Norton, and Poncelow. Authority member absent: Garber. 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 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 aoproval of the minutes of the January 31 and February 28 regular meetings. 2. Report of Change of Corporate Structure for K.C.M.S_. Tnr_. dha K.C.M.S., Inc., the hotel -restaurant licensee for Valentino's of Fort Collins, 820 City Park Avenue, is reporting a new director and stockholder in the corporation. 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, Guerrie, Mael, Norton, and Poncelow. Nays: None. THE MOTION CARRIED. Report of Change of Manager for the Student Center. Colorado State University Approved Randy Hodapp, manager, stated he has been manager at the Student Center since August, 1989. He indicated he has no prior experience with the direct sale of alcoholic beverages, but noted he has worked in the • March 28, 1990 restaurant business for several years. He stated he was a graduate of the Culinary Institute of America where he received training with regard to liquor laws. He stated there have been no violations at the establishment. Authority member Cooper made a motion, seconded by Authority member Crowfoot, to approve Randy Hodapp as manager of the Student Center, Colorado State University. Yeas: Cooper, Crowfoot, Guerrie, Mael, Norton, and Poncelow. Nays: None. THE MOTION CARRIED. Registration of Jeremiah Hill as Manager of The Armadillo. 354 Walnut. Approved Jeremiah Hill, manager, stated he has been the general manager at this location for approximately one month. He noted that he previously worked at this location two years ago as an assistant manager. He spoke of the training program used at the establishment. Authority member Crowfoot made a motion, seconded by Authority member Cooper, to approve Jeremiah Hill as manager of The Armadillo, 354 Walnut. Yeas: Cooper, Crowfoot, Guerrie, Mael, Norton, and Poncelow. Nays: None. THE MOTION CARRIED. Report of Manager for Circle K #1987, 949 South Taft Hill Road, Approved Linda Randall, manager, stated she has been the manager at this location since November, 1989. She explained the training program at Circle K and noted employees receive 3 days of training. She stated the store policy is to card anyone who appears to be under 30 years of age and noted that if an individual does not have an ID they will not be sold beer. Ms. Randall indicated she works at the store 10 to 12 hours per day. Authority member Guerrie made a motion, seconded by Authority member Norton, to approve Linda Randall as manager of Circle K #1987, 949 South Taft Hill Road. Yeas: Cooper, Crowfoot, Guerrie, Mael, Norton, and Poncelow. Nays: None. THE MOTION CARRIED. Transfer of Ownership of Rumours, 242 Linden, and Trade Name Change to AJ's. Approved Keith Diamond, corporate officer and shareholder in Pennylane, Inc., stated the establishment will operate Monday through Saturday and will feature live music. He indicated they are rookies in the business and indicated they would be hiring experienced managers from other establishments to train them prior to opening. He stated they would then train the employees • March 28, 1990 and indicated they expect to hire between 12 and 20 people. Mr. Diamond stated they will have people at the door to check ID's. He stated the business is being financed with a bank loan and personal funds. He indicated that the corporate officers have reviewed the liquor code. Tom Strain, corporate officer and shareholder, stated they intend to ask Officer Tellez to come to the establishment to help train employees on checking ID's. Mr. Diamond stated minor renovations, painting and cleaning will be done prior to opening. He stated they hope to open the establishment by May 15th and noted that the hours will probably be from 2 p.m. to 2 a.m. He noted that Annette Strain and Judy Diamond will manage the establishment. Mr. Strain explained the hours that will be worked by each of the managers. He stated a doorman will be on duty on Thursday, Friday, and Saturday nights. He noted no one under the age of 21 years will be allowed in. He stated during the week, the wait staff and bartenders will check ID's. He stated the live music will be diversified and stated they hope to have a big band night after they are established. Mr. Strain indicated they are targeting a mixed age group and are not counting on CSU students as their main clientele. Authority member Cooper made a motion, seconded by Authority member Crowfoot, to approve the transfer of ownership of Rumours, 242 Linden, from Linden Street Exchange, Inc. to Pennylane, Inc. and trade name change to AJ's. Yeas: Cooper, Crowfoot, Guerrie, Mael, Norton, and Poncelow. Nays: None. THE MOTION CARRIED. Hearing on a New Application for a Hotel -Restaurant License at the Lone Star Cafe, 920 South College, Approved Timothy Vasko, president and sole shareholder of Restaurants America, Inc., was sworn. He stated an affiliate corporation, Flagstone Group, Inc., owns the University Motor Inn at 920 South College. He stated Restaurants America will be opening the Lone Star Cafe where the current Town House restaurant exists. He indicated that a major renovation is planned for the entire property, including exterior and interior renovation. Mr. Vasko stated that the first phase of renovation has been completed and noted that approximately $90,000 has been spent on the interior renovation of the motel. He approached the Authority with a conceptual design of the exterior renovation of the motel property and noted that the design will carry through to the restaurant. He stated approximately $250,000 will be spent on renovations, in addition to the $90,000 already expended. Mr. Vasko stated he believed the sale of liquor in conjunction with food is vital to the success of the restaurant. He indicated that the target market is CSU faculty, some students, families, and guests at the motel. He explained the corporate structure of Restaurants America, Inc. and its affiliate corporations. • March 28, 1990 Chris Fullerton, manager, was sworn. He presented the Authority with a sample menu which was admitted into evidence and marked as Applicant's Exhibit A. He stated he has ten years experience in the restaurant business. He indicated he opened five restaurants in the Denver area known as Hauf Brau Bar and Grill or Hauf Brau Steaks. He explained this restaurant is not being called Hauf Brau because the name is already being used by another establishment. Mr. Fullerton stated the restaurant sales will consist of approximately 65% food and 35% alcohol. He described the decor of the establishment and the menu. He stated the hours of operation will be from 11 a.m. to 11 p.m., but indicated they may open for breakfast and brunch on Saturday and Sunday. He stated he will be moving to Fort Collins for the first six months of operation and explained that Tracy Sliman is the motel manager and may take over as manager of the restaurant once the operation is running smoothly. Mr. Fullerton spoke of the training that would be provided to employees and stated the policy will be to card anyone who appears to be under the age of 30 years. Mr. Vasko stated petitioning was done within the neighborhood boundaries and introduced Eileen Swiers from Market Service Associates. Eileen Swiers, Market Service Associates, was sworn. She pointed out that at the time of petitioning, the trade name of the establishment was Roosters. Applicant's Exhibits B, C, D, and E were admitted into evidence and identified as petitions circulated on behalf of the application and a summary report of the petition results. Ms. Swiers described the petitioning process and noted that 243 (91%) signatures were obtained in support of the application and 25 (9%) were opposed to the application. In response to a question from the Authority, Assistant City Attorney Duval stated that the 500 foot restriction with regard to the University does not apply to hotel -restaurant licenses. Mr. Vasko stated they have fairly strong ties with CSU. He stated they have contacted the Department of Health Sciences to participate with the restaurant in training students in the hotel -restaurant field. He stated there is strong support at the University for the establishment. He stated approximately 30 employees will be hired. Paul Morrissey, 2336 Valley Forge Court, was sworn and indicated he wanted to speak in favor of the application. Authority member Crowfoot stated she knows Mr. Morrissey and noted she did not believe that would affect her decision in this matter. Mr. Morrissey stated he has known Tim Vasko and Tracy Sliman for many years and has found them to be reputable and honest business people. • March 28, 1990 Assistant City Attorney Duval questioned whether Mr. Morrissey was a party -in -interest (i.e. resident of the neighborhood or owner or manager of a business within the neighborhood). Mr. Morrissey stated he did not meet the qualifications of a party -in -interest. Assistant City Attorney Duval stated that because Mr. Morrissey was not a party -in -interest, he could not testify at this hearing. Authority member Guerrie made a motion, seconded by Authority member Norton, to adopt Resolution 90-03 approving the application of Restaurants America, Inc. for a hotel -restaurant license at Lone Star Cafe, 920 South College. Yeas: Cooper, Crowfoot, Guerrie, Mael, Norton, and Poncelow. Nays: None. THE MOTION CARRIED. Authority member Crowfoot made a motion, seconded by Authority member Norton, to approve Michael Chris Fullerton and Tracy Sliman as manager of Lone Star Cafe, 920 South College, with the stipulation that Tracy Sliman notify the Authority when she takes over as manager of the establishment. Authority member Cooper stated he believed the Authority should continue to register only one manager at a time and indicated he would not support the motion. The vote on Authority member Crowfoot's motion was as follows: Yeas: Crowfoot, Mael, and Poncelow. Nays: Cooper, Guerrie, and Norton. THE MOTION FAILED TO PASS. Authority member Norton made a motion, seconded by Authority member Guerrie, to approve Michael Chris Fullerton as manager of the Lone Star Cafe, 920 South College. Yeas: Cooper, Crowfoot, Guerrie, Mael, Norton, and Poncelow. Nays: None. THE MOTION CARRIED. Report of Change of Corporate Structure for Marsanne's Cafe, Ltd., dba Marsanne's Cafe, 400 South Meldrum, Approved Authority member Crowfoot withdrew from discussion and vote on this item due to a perceived conflict of interest. Rick Pike, owner, stated that he has a lease with option to buy the building from Mr. Jablonski (former owner). He stated Mr. Jablonski does not receive a percentage of revenue from the business. He noted he has worked in the liquor industry for quite a while. He stated he is familiar with the Colorado liquor laws. Mr. Pike stated the business would be • • March 28, 1990 operated essentially the same way as before and noted approximately 10% of sales are liquor. He described the patio area and enclosure. He spoke about the delay in filing the change of corporate structure paperwork and indicated that the previous owners helped manage the establishment for a period of time after which he forgot to file the paperwork. Authority member Guerrie made a motion, seconded by Authority member Cooper, to approve the change of corporate structure for Marsanne's Cafe, Ltd., dba Marsanne's Cafe, 400 South Meldrum. Yeas: Cooper, Guerrie, Mael, Norton, and Poncelow. Nays: None. (Authority member Crowfoot withdrawn) THE MOTION CARRIED. Other Business South College Liauors Donald Eugene Raines, partner in South College Liquors, appeared before the Authority to discuss aspects of his criminal history which were not disclosed in his background investigation questionnaire. Mr. Raines explained that he was divorced under West Virginia law in July 1968. He stated he remarried in Georgia and was not aware that he had to wait the 90-day period that West Virginia had. He stated he was not aware there was a problem until he retired and returned to West Virginia. He stated his ex-wife then filed the bigamy charge against him. Mr. Raines stated he does not know the disposition of the case and stated he did not spend time in jail or pay a fine. In response to questions from the Authority, Mr. Raines stated he appeared before a Judge and explained the circumstances and noted that the Judge let him go. He stated he didn't list it in his application documents because he forgot about the incident and stated he had no reason to deliberately try to hide the incident. Police Investigator Sandy Gibson stated the FBI report states that Mr. Raines was confined to the Tucker County jail in default of a $1000 bond awaiting action of the Tucker County Grand Jury. She stated she cannot obtain information regarding whether the grand jury met or the outcome of its hearing. In response to questions from Ms. Gibson, Mr. Raines stated he did not post $1000 bond and does not believe anyone else posted bond for him. He stated the night he was picked up by the police, he was placed in a holding cell overnight. Assistant City Attorney Duval stated, if desired, the Authority could find probable cause to schedule a show cause hearing. Police Investigator Gibson stated this incident occurred over 20 years ago and noted that she will not be able to verify any of the grand jury • • March 28, 1990 information and would probably not be able to verify the circumstances surrounding the $1000 bond. She pointed out that Mr. Raines was willing to appear before the Authority to explain the incident to the best of his knowledge and stated she believed that should weigh in his favor. Mr. Raines addressed other incidents in his criminal background and noted that he quit drinking 15 years ago. Authority member Poncelow stated that if the Police Department could not make an adequate case, she would not be in favor of pursuing the matter any further. Authority member Norton stated she was searching for consistency in how the Authority treats matters that are not disclosed in applications. She asked for input from other members of the Authority. Authority member Cooper stated he could not understand how a person forgets a felony arrest/conviction. Authority member Mael agreed with Authority member Cooper. Authority member Cooper requested an executive session to discuss administrative questions. Assistant City Attorney Duval advised the Authority that it would not be permissible to adjourn into executive session in this matter. (Secretary's Note: The Authority took a short recess so that Authority member Cooper could privately discuss the matter with Assistant City Attorney Duval.) Authority member Cooper stated he believed a strongly worded written warning would be appropriate in this case. He stated the Police Department would be unable to obtain the information necessary to verify the facts of the matter. Authority member Cooper made a motion, seconded by Authority member Guerrie, to issue a written warning to Donald Eugene Raines regarding the seriousness of his failure to disclose his felony arrest and/or conviction and that the letter be made a part of the file for South College Liquors. Mr. Raines stated when he was arrested, the officers never used the word "bigamy", but rather used the word "cohabitation". He stated he was not aware that either charge was a felony. The vote on Authority member Cooper's motion was as follows: Yeas: Cooper, Crowfoot, Guerrie, Mael, and Poncelow. Nays: Norton. THE MOTION CARRIED. • • March 28, 1990 Police Report Police Investigator Sandy Gibson advised the Authority of incidents that allegedly occurred at Northern Dining and Bar Bazaar and Old Colorado Brewing Company, 172 North College, and Old Town Ale House, 25 Old Town Square. Authority member Crowfoot made a motion, seconded by Authority member Guerrie, to determine that probable cause exists to schedule a show cause hearing on April 25, 1990 for Northern Dining and Bar Bazaar and Old Colorado Brewing Company, 172 North College, and to direct the City Attorney's Office to issue subpoenas to appropriate witnesses. Yeas: Cooper, Crowfoot, Guerrie, Mael, Norton, and Poncelow. Nays: None. THE MOTION CARRIED. The Authority asked if staff could provide information regarding the occupancy load at the establishment and whether the entire licensed premise is fit for occupancy. Assistant City Attorney Duval stated he did not believe occupancy load and fire code violations should be considered by the Authority. Authority member Norton made a motion, seconded by Authority Cooper, to determine that probable cause exists to schedule a show cause hearing on April 25, 1990 for Old Town Ale House, 25 Old Town Square. Yeas: Cooper, Crowfoot, Guerrie, Mael, Norton, and Poncelow. Nays: None. THE MOTION CARRIED. Adjournment Authority member Cooper made a motion, seconded by Authority member Norton, to adjourn. Yeas: Cooper, Crowfoot, Guerrie, Mael, Norton, and Poncelow. Nays: None. THE MOTION CARRIED. The meeting was adjourned at approximately 8:00 p.m. Chairpersorl 121rc e,-Ioz. Secretary