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HomeMy WebLinkAboutLiquor Licensing Authority - Minutes - 04/26/19890 • LIQUOR LICENSING AUTHORITY MINUTES Regular Meeting - April 26, 1989 6:35 p.m. A regular meeting of the Liquor Licensing Authority was held on Wednesday, April 26, 1989, in the Council Chambers of the Fort Collins Municipal Building. The following members were present: Bullard, Cooper, Gadsby, Garber, and Poncelow. Authority Members Absent: Denmark and Spaulding. 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. 2. 3. M.C.R.C., Inc., the retail liquor store licensee for North College Discount Liquor, 814 North College, is reporting a change of corporate officers. John Gregory is replacing Susan Djokic as secretary of the corporation. A representative of M.C.R.C., Inc. WILL NOT be present at this meeting. Winny Enterprises, Inc., the 3.2% beer licensee for Pizza Hut Restaurant, 1075 Pennock Place, is reporting a change of corporate officers and directors. Beverly Reffner is replacing Sarah Winter as Secretary and director of the corporation. A representative of Winny Enterprises, Inc. WILL NOT be present at this meeting. 0 April 26, 1989 4. Transfer of Ownership of Young's Cafe, 3307 South College #114 This is a request to transfer the ownership of Young's Cafe, 3307 South College #114, from Tom Tran and Yvonne Young to Young's Cafe, Ltd. Tom Tran and Yvonne Young are the officer, directors and stockholders of Young's Cafe, Ltd. Ramsey Myatt, attorney representing the applicant, will be present at this meeting. Authority member Cooper made a motion, seconded by Authority member Poncelow, to adopt and approve all items not removed from the Consent Calendar. Yeas: Bullard, Cooper, Gadsby, Garber, and Poncelow. Nays: None. THE MOTION CARRIED. Request from Dillon Companies, Inc., dba King Soopers #9, 1015 South Taft Hill Road, to Change. Alter, or Modify the Premises Authority member Cooper withdrew from discussion and vote on this item due to a perceived conflict of interest. Joe Campanella, manager, stated additional shelf space for the beer display is being added, which will allow a larger selection of beer. He stated he did not anticipate a significant increase in beer sales. Mr. Campanella approached the Authority and pointed out on the floor plan where the beer display would be located within the store. He stated the beer display should be easier to monitor in its new location. Authority member Poncelow made a motion, seconded by Authority member Gadsby, to find that the proposed modifications to the licensed premises at King Soopers #9, 1015 South Taft Hill Road, are not substantial. Yeas: Bullard, Gadsby, Garber, and Poncelow. Nays: None. (Authority member Cooper withdrawn) THE MOTION CARRIED. Final Hearing on a New Application for a Tavern License at The Gallery at the Fort Collins Club, 1307 East Prospect Michael Smith, president of The Gallery at the Fort Collins Club, Inc., was sworn. He stated he is the president of The Gallery at the Fort Collins Club, Inc., which will own and operate the restaurant at the Fort Collins Club. He explained the financial interests at the Fort Collins Club. He stated the Club desires to continue the restaurant and bar that has been available to members for several years. Mr. Smith stated there have been no liquor violations at The Gallery under previous licenseholders. He spoke of his and his wife's backgrounds with respect to the sale and • • April 26, 1989 service of alcoholic beverages. He mentioned training that would be provided to employees and stated the manager of the establishment, Elizabeth Nance, would describe in detail the employee training. Mr. Smith described the areas to be included in the licensed premises and noted that they are the same areas licensed under the previous licenseholder. He indicated that liquor sales and consumption will occur primarily within The Gallery, but noted that during tournaments alcohol may be consumed in the other areas outlined. Mr. Smith described the hours of operation for the club and The Gallery. Mr. Smith summarized the reasons why he believes a license should be granted at The Gallery. Applicant's Exhibits A and B were admitted into evidence and identified as petitions circulated on behalf of the application. Elizabeth Nance, manager, was sworn. She summarized the petitioning process and estimated that 200-300 signatures were obtained in favor of the application. Mr. Smith responded to additional questions from the Authority regarding the areas to be included in the licensed premises. Authority member Poncelow made a motion, seconded by Authority member Gadsby, to adopt Resolution 89-11 approving the application of The Gallery at the Fort Collins Club, Inc. for a tavern license at The Gallery at the Fort Collins Club, 1307 East Prospect. Authority members Bullard, Cooper, and Garber expressed concern about the areas being included in the licensed premises. The vote on Authority member Poncelow's motion to adopt Resolution 89-11 was as follows: Yeas: Bullard, Cooper, Gadsby, Garber, and Poncelow. Nays: None. THE MOTION CARRIED. Report of Manager for The Gallery at the Fort Collins Club, 1307 East Prospect Elizabeth Nance, manager, described her background with respect to the sale and service of alcoholic beverages. She spoke of the training that would be provided to employees and stated that anyone appearing to be under the age of 35 years would be carded. She stated the focus of the establishment would be to serve the club's clientele. Authority member Poncelow made a motion, seconded by Authority member Garber, to approve Elizabeth Nance as the manager of The Gallery at the Fort Collins Club, 1307 East Prospect. Yeas: Bullard, Cooper, Gadsby, Garber, and Poncelow. Nays: None. • • April 26, 1989 THE MOTION CARRIED. Request from Front Range Restaurant Associates, Inc., dba Moot House Restaurant, 2626 South College, to Change. Alter. or Modify the Premises Authority member Garber withdrew from discussion and vote on this item due to a perceived conflict of interest. Rock Sorensen, attorney representing the licensee, explained in detail the proposed addition of a patio at the Moot House Restaurant. He stated the total square footage of the patio area is 1150 feet, but noted that the usable square footage is considerably less. He stated the increase to the licensed premises is approximately 20%, with additional seating for not more 40 people. Mr. Sorensen stated that consumption of alcoholic beverages is not expected to increase. He approached the Authority to show the landscape plan for the area surrounding the patio. He stated the only entrance to the patio area would be through the restaurant. Steve Taylor, president of Front Range Restaurant Associates, Inc., stated he had not received any objections from area residents and noted that live music will not be a feature of the patio. He stated the patio area would be used only for additional dining. Authority member Cooper made a motion, seconded by Authority member Poncelow, to find that the proposed expansion of the Moot House Restaurant, 2626 South College, is not substantial. Yeas: Bullard, Cooper, Gadsby, and Poncelow. Nays: None. (Authority member Garber withdrawn) THE MOTION CARRIED. Registration of Don Beck as Manager of Round _the Corner Restaurant, 101 West Swallow Don Beck, manager, stated he had been an employee of Round the Corner Restaurants for 12 years and described his experience with the sale and service of liquor. He indicated that he is familiar with Colorado liquor laws. Mr. Beck stated he did not anticipate any changes in operation of the establishment under his management, and spoke of company policies and employee training. Authority member Garber made a motion, seconded by Authority member Gadsby, to approve Don Beck as manager of Round the Corner Restaurant, 101 West Swallow. Yeas: Bullard, Cooper, Gadsby, Garber, and Poncelow. Nays: None. THE MOTION CARRIED. -4- • April 26, 1989 Final Hearing on a New Application for a Hotel -Restaurant License at Cuisine. Cuisine, 130 South Mason Authority member Garber withdrew from discussion and vote on this item due to a perceived conflict of interest. Paul Chatfield, 221 Mathews, was sworn and stated he is purchasing the establishment from the current owner, Russell Phipps, who held a beer and wine license. He stated it was his desire to offer a broader selection of alcoholic beverages to the customers. He stated there would be no structural changes to the establishment or the menu, and that current employees would be retained under his ownership. Mr. Chatfield stated he believes offering a broader selection of beverages will increase the amount of liquor sales. He stated he would manage the establishment himself and spoke of his efforts to become familiar with liquor laws. Mr. Chatfield outlined employee training and stated a training manual is currently being drafted. Following questions from the Authority, the floor plan submitted with the application was amended to include the kitchen and basement areas as part of the licensed premises. Applicant's Exhibit A was admitted into evidence and identified as petitions circulated on behalf of the application. Mr. Chatfield stated he personally circulated the petition and noted he obtained approximately 250 signatures in favor of the application. He stated 5 individuals chose not to participate. Authority member Poncelow made a motion, seconded by Authority member Gadsby, to adopt Resolution 89-10 approving the application of Paul Chatfield for a hotel -restaurant license at Cuisine, Cuisine, 130 South Mason. Yeas: Bullard, Cooper, Gadsby, and Poncelow. Nays: None. (Authority member Garber withdrawn) THE MOTION CARRIED. Transfer of Ownership of Bisetti's Italian Restaurant, 120 South College Authority member Gadsby stated she has known Mr. Bisetti for several years but did not feel that it would affect her judgment with regard to his application. Robert Bisetti, president of Bisetti's Italian Restaurant, Inc., explained that his mother, Anita Bisetti, has decided to bow out of the restaurant business. He stated a corporation was formed last March and that he and his wife have gained ownership of all issued stock. He stated they are now requesting a transfer of ownership of the liquor license from Anita Bisetti to Bisetti's Italian Restaurant, Inc. Mr. Bisetti stated there would be no changes in operation of the establishment. -5- April 26, 1989 Authority member Garber made a motion, seconded by Authority member Poncelow, to approve the transfer of ownership of Bisetti's Italian Restaurant, 120 South College, from Anita Bisetti to Bisetti's Italian Restaurant, Inc. Yeas: Bullard, Cooper, Gadsby, Garber, and Poncelow. Nays: None. THE MOTION CARRIED. Report of Change of Manager for Vicker's #E2622, 200 West Horsetooth (Secretary's Note: LeRoy Mekelburg, manager, did not appear at this meeting.) Authority member Garber made a motion, seconded by Authority member Poncelow, to table this item to May 24, 1989. Yeas: Bullard, Cooper, Gadsby, Garber, and Poncelow. Nays: None. THE MOTION CARRIED. The Authority directed the City Clerk's Office to send a letter to Mr. Mekelburg regarding his failure to appear and the need for his attendance at the May 24 meeting. Other Business Bill Starke, owner of the Northern Dining and Bar Bazaar, appeared before the Authority to explain activities taking place at the establishment. He indicated he would be submitting paperwork to register a new manager at the establishment. He stated he has filed applications with state and federal agencies to operate a brewery within the area recently approved by the Authority as additional seating area for the Northern Dining and Bar Bazaar. In response to questions from the Authority, Mr. Starke indicated that the decision to brew beer was made after approval was obtained to expand the premises. Mr. Starke contended that the brewing of beer on the premises was not contrary to his intent to serve alcohol in that area. Authority member Cooper stated he believed the Authority had been mislead by Mr. Starke request to expand the premises to add additional seating for the dining area. He stated he was very leery of the operation at this time. Authority member Bullard stated he did not believe the Authority needed to take any action pending the State's consideration of the brewery application. Assistant City Attorney John Duval stated that two issues are at hand. The first is whether a brewery can be added to the premises. He stated that a state license has to be obtained for that use. The second issue is whether 10 April 26, 1989 or not the brewery can be used in conjunction with a hotel -restaurant license. He stated he believed that although the state determines whether to issue a license to brew, the licensee is still subject to approval by the local authority of any substantial change to the physical structure, or in the usage of the premises licensed under the hotel -restaurant license. Mr. Starke indicated he would submit another request for modification of the premises following his receipt of the brewery license. Adjournment Authority member Cooper made a motion, seconded by Authority member Garber, to adjourn. Yeas: Bullard, Cooper, Gadsby, Garber, and Poncelow. Nays: None. THE MOTION CARRIED. The meeting was adjourned at approximately 9:05 p.m. /6�/�Z/_ Secretary r� ��.�QXC.XJI Chairperson dC