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HomeMy WebLinkAboutLiquor Licensing Authority - Minutes - 10/05/1988LIQUOR LICENSING AUTHORITY MINUTES Regular Meeting - October 5, 1988 6:32 p.m. A regular meeting of the Liquor Licensing Authority was held on Wednesday, October 5, 1988, in the Council Chambers of the Fort Collins Municipal Building. The following members were present: Bullard, Cooper, Denmark, Gadsby, and Poncelow. Authority Members Absent: Garber and Spaulding. Staff Members Present: Kathy Allin, City Attorney's Office Rita Knoll, City Clerk's Office Ken Murray, 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. Registration of Manager - Jefferson Grill 200 Jefferson Street Jefferson Grill, Inc., the licensee for the Jefferson Grill, is requesting the approval of Jane Potter as manager of the establishment. Ms. Potter was approved as the manager of Tortilla Marissa's in November, 1987, and is now transferring to the Jefferson Grill. The Police Department has reviewed its file on Ms. Potter and does not feel another complete investigation is necessary at this time. In addition, there have been no violations at Tortilla Marissa's since Ms. Potter's registration as manager; in fact, that establishment passed a compliance check on March 10, 1988. Ms. Potter WILL NOT be present at this meeting. • October 5, 1988 3. Changes of Corporate Structure. A. Mini Mart, 1104 West Elizabeth. B. Mini Mart, 1801 North College. Items A and B represent a change in corporate structure for Mini Mart, Inc., the licensing entity for the Mini Mart stores in Fort Collins. A change of corporate officers has occurred. This change of corporate structure was filed directly with the State Liquor Enforcement Division, which has issued a new master file letter indicating the satisfactory results of its background investigation. Approval by the local authority is requested based upon the State's investigation and acceptance of the reported changes. A representative of Mini Mart, Inc. WILL NOT be present at this meeting. Change of Corporate Structure - Comedy Works #7 Old Town Square, Suite 114 This is a request to register Cynthia M. Haney as the President of Nichol -Co Management, Inc., the licensee for Comedy Works. This change of corporate structure represents a separation of interest in the Denver Comedy Works and is the first step toward bringing Comedy Works into compliance with the State Liquor Code. The Police Department has completed a background investigation of Ms. Haney and has found no outstanding warrants, criminal history, or any major driving offenses. A representative of Nichol -Co Management, Inc. WILL NOT be present at this meeting. Change of Class of License (Boundary Hearing) - Comedy Works #7 Old Town Square, Suite 114 This is an application to change the class of license of Comedy Works from a hotel -restaurant license to a tavern license. This is the second step toward bringing the establishment into compliance with the State Liquor Code. The neighborhood boundaries are the same as those used at the time of the initial application in 1986, and these boundaries are acceptable to the applicant. A representative of Nichol -Co Management, Inc., the licensee for Comedy Works, WILL NOT be present at this meeting. Authority member Cooper made a motion, seconded by Authority member Gadsby, to include the item of Other Business, Boundary Hearing for a New Application for Elks Lodge No. 804, 140 East Oak, on the Consent Calendar. Yeas: Bullard, Cooper, Denmark, Gadsby, and Poncelow. Nays: None. THE MOTION CARRIED. Authority member Poncelow made a motion, seconded by Authority member Cooper, to adopt and approve all items not removed from the Consent Calendar. Yeas: Bullard, Cooper, Denmark, Gadsby, and Poncelow. Nays: None. -2- October 5, 1988 THE MOTION CARRIED. Report of Change of Manager Seven -Eleven, 429 Reminaton Theresa Edwards, 1917 South Shields #D7, stated as manager of the establishment she is responsible for all beer sales. She noted she is familiar with the Colorado Beer Code and has undergone the extensive training provided by the Southland Corporation. Authority member Poncelow made a motion, seconded by Authority member Gadsby, to approve the change of manager for Seven -Eleven, 429 Remington, from Pam Pelan to Theresa Lee Edwards. Yeas: Bullard, Cooper, Denmark, Gadsby, and Poncelow. Nays: None. THE MOTION CARRIED. Registration of Manager Tortilla Marissa's. 2635 South College Tom Loftus, 3301 Chelsea Court, stated during past employment he has never been personally charged with any violations of the liquor laws. Mr. Loftus explained the transition period while awaiting approval of his registration as manager. Authority member Poncelow made a motion, seconded by Authority member Cooper, to approve the registration of Tom Loftus as manager of Tortilla Marissa's, 2635 South College. Yeas: Bullard, Cooper, Denmark, Gadsby, and Poncelow. Nays: None. stration of Robin Foley, 1106 Fuqua, stated she has never been involved with an alleged violation of the liquor laws. Ms. Foley explained that Nate's is currently operating under the same transitional conditions as Tortilla Marissa's. Authority member Cooper made a motion, seconded by Authority member Gadsby, to approve the registration of Robin Foley as manager of Nate's Steak and Seafood Place, 3620 South Mason. Yeas: Bullard, Cooper, Denmark, Gadsby, and Poncelow. Nays: None. THE MOTION CARRIED. -3- • • October 5, 1988 Special Events Permit (Liquor) for Colorado State University, Departme Lee Egbert, Director of the Madrigal Dinners, stated the manager of last year's event would also be managing the 1988 event. He stated the Madrigal Dinners have had no liquor violations during prior years. Mr. Egbert noted the event would be run in the same manner as previous events, and described the policy for the serving of liquor. Authority member Poncelow made a motion, seconded by Authority member Cooper, to approve the Special Events Permit for the Colorado State University Department of Music, Theatre, and Dance for December 1-3, 1988 at the Lory Student Center. Yeas: Bullard, Cooper, Denmark, Gadsby, and Poncelow. Nays: None. THE MOTION CARRIED. Transfer of Ownership and Trade Name Change Valentino's Ristorante, 820 City Park Avenue Cliff Mesner, secretary -treasurer of K.C.M.S., Inc., stated the corporation is owned by four principle people living in Nebraska. He stated the corporation is a Nebraska corporation licensed to do business in Colorado, noting that Harold Conwell, manager of Valentino's, is the registered agent of the corporation. He stated the corporation recently purchased Valentino's and that most of the staff has been retained. Mr. Mesner stated the manager has been with the establishment for 2 1/2 years. He stated the establishment sells beer and wine for a total of less than 2.5% of total sales. Mr. Mesner indicated he is a city attorney in Nebraska and is very familiar with the Nebraska liquor laws which are very similar to the Colorado laws. He stated he has tried to familiarize himself with the Colorado laws. Authority member Cooper made a motion, seconded by Authority member Gadsby, to approve the transfer of ownership from Paisano's of Fort Collins, Inc. to K.C.M.S., Inc., and to approve the trade name change from Valentino's Ristorante to Valentino's of Fort Collins. Yeas: Bullard, Cooper, Denmark, Gadsby, and Poncelow. Nays: None. THE MOTION CARRIED. Transfer of Ownership and Trade Name Change Mr. C's, 151 South College Peggy Chen, 3024 Appaloosa Court, described her plans for the establishment, noting approximately 20% of the total sales would be from the sale of liquor. Ms. Chen explained that she obtained a home equity loan to finance the purchase of the establishment. She spoke of her ME • • October 5, 1988 experience in the restaurant business and explained her policy for checking identification. Ms. Chen described the training she would provide employees of the establishment. She stated she would be working full-time at the establishment as the manager. She described the premises to be licensed. (Secretary's Note: It was noted that the Clerk's Office would examine the file on Mr. C's to determine the scope of the licensed premises. Ms. Chen will be advised as to whether it is necessary to apply for approval of an expansion of the premises for Sizzlin' Hot at a later date.) Authority member Cooper made a motion, seconded by Authority member Gadsby, to approve the transfer of ownership from Edward Cordova and Margaret Ross to Hsueh Mei Sung, aka Peggy Chen, and to approve the trade name change from Mr. C's to Sizzlin' Hot. Yeas: Bullard, Cooper, Denmark, Gadsby, and Poncelow. Nays: None. THE MOTION CARRIED. Other Business Secretary Rita Knoll informed the Authority of an inquiry she received about a Chamber After -Hours event held at Ghent Motors on Friday, September 23. She stated the Chamber indicated the event was open to the public and that anyone who paid the $25 non-member charge could participate in the event. Ms. Knoll stated it was staff's opinion that the Chamber was in violation of Section 12-48-108 of the Special Events Code which allows certain qualifying organizations to dispense fermented malt beverages or malt, spirituous, or vinous liquors gratuitously to its members and their guests at a private function held by such organization on unlicensed premises. It was suggested that allowing the event to be open to the public does not constitute a private function. Following discussion by the Authority, staff was directed to prepare a letter to be sent to the Chamber expressing concern that the Chamber is straying from the private function portion of the exemption, and noting that in the future, if the event is not going to be a private event, the Chamber needs to apply for a Special Events Permit. Ms. Knoll pointed out that the Authority may want to consider rescheduling the December 28th meeting due to the Christmas holiday. She noted she had prepared a 1989 schedule which includes rescheduling of the December 28 meeting to January 4 and which calculates the four -week cycle from the January 4 date. Hearing no objection from the Authority, the schedule was set and will be provided to the news media and future applicants. Ms. Knoll brought to the attention of the Authority a recent change in the liquor and massage application filing deadlines. Authority member Bullard asked whether the Police Department would be devoting any of its 1989 Budget toward liquor enforcement. -5- • October 5, 1988 Sergeant Ray Martinez indicated the additional officers approved in the 1989 Budget would be used to make up a shortfall in the current level of staffing. He indicated the Department was currently evaluating its staff support of the Authority, and noted Detective Murray was retiring effective October 12 and that this would be Detective Murray's last meeting. He noted the current level of support for the Authority would not diminish. Ad3ournment Authority member Gadsby made a motion, seconded by Authority member Cooper, to adjourn. Yeas: Bullard, Cooper, Denmark, Gadsby, and Poncelow. Nays: None. THE MOTION CARRIED. The meeting was adjourned at approximately 7:20 p.m. Chairman 41od Secretary Im