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HomeMy WebLinkAboutLiquor Licensing Authority - Minutes - 06/17/1987LIQUOR LICENSING AUTHORITY Regular Meeting - June 17, 1987 6:41 P. M. A regular meeting of the Liquor Licensing Authority was held on Wednesday, June 17, 1987, in the Council Chambers of the City of Fort Collins Municipal Building. The following members were present: Bullard, Morgan, Spaulding, and Veazie. Authority Members Absent: Acott and Sommermeyer. Staff Members Present: Jim Broderick, Police Department Debbie Caster, City Clerk's Office Steve Roy, City Attorney's Office Consent Calendar This calendar is intended to expedite the hearings and allow the Authority to spend its time and energy on the more controversial items on a lengthy agenda. Anyone may request an item on this calendar be "pulled" off the Consent Calendar and considered separately. Items pulled by anyone in the audience, the Authority, or staff will be discussed immediately following the Consent Calendar. Items of extreme controversy will be discussed near the end of the meeting under Pulled Consent Items. I. Consider approving the minutes of the regular meeting of May 20 1987. 2. Registration of Manager: a. Michael Severance - The Junction, 518 West Laurel 3. New Application (Boundary Hearing): a. Vicker's, 2025 South College Avenue Authority member Bullard requested to pull Item 2 off the Consent Calendar. Authority member Spaulding made a motion, seconded by Authority member Morgan, to approve all items on Consent Calendar, with the exception of Item 2, and schedule the new application for hearing on July 15. Yeas: Bullard, Morgan, Spaulding, and Veazie. Nays: None. Vice -Chairman Bob Veazie stated there had been a request to table the show/cause hearing for Saddle Up Liquors and asked that the attorney representing the applicant come forward to explain the request. Mr. Brian, McMahill, attorney representing the applicant, stated that the hearing was requested for tabling last month because he was not available -1- June 17, 1987 to attend the hearing. He explained that tonight he is requesting the matter be tabled because the employee, John Mathis, is a primary witness and cannot be present at the hearing because he was detained in Burlington, Colorado, where he works on a farm. Mr. McMahill requested to table the hearing until August 12 because Mr. Mathis is getting married prior to the next scheduled meeting on July 15. Officer Ernie Tellez objected to tabling the hearing and stated that Mr. Mathis has acted irresponsibly by not appearing. Authority member Bullard stated he would like to grant the request to continue the hearing until July 15. He added that it will be difficult to make a judgement on the charge if all parties are not available. Authority member Veazie stated he opposes the continuance and stated he feels the employee is not acting in a responsible manner. Assistant City Attorney Steve Roy reminded the Authority that they have subpoena power. Authority member Spaulding made a motion, seconded by Authority member Bullard, to table the hearing until July 15 and subpoena Mr. Mathis to that hearing. Yeas: Bullard, Morgan and Spaulding. Nays: Veazie. Pulled Consent Items Registration of Manager The Junction, 518 West Laurel Mr. Michael Severance, general manager, spoke of his background and work experience. Mr. Severance stated he is knowledgeable of the liquor laws. He noted that no establishment has ever received a violation under his management. Mr. Severance stated that all employees of the restaurant are required to attend the seminar by Ernie Tellez. In response to a question by the Authority, Mr. Severance spoke of his rehabilitation concerning the two misdemeanors on his record. Mr. Severance also added that once the deferred sentence is over he will have the matters stricken from his record. Authority member Bullard made a motion, seconded by Authority member Morgan, to approve the registration of manager for Michael Severance at The Junction, 518 West Laurel. Yeas: Bullard, Morgan, Spaulding, and Veazie. Nays: None. Special Events Permit - 3.2% Knights of Columbus Council #8820 Mr. Rueben Olivas, events manager, stated the proposed event will be the annual Holy Family Fiesta fund raiser. He stated the event is scheduled to include game booths, food and drinks. Mr. Olivas explained that this year -2- • June 17, 1987 the Knights of Columbus will be responsible for dispensing the beer. He stated beer will be served in cans from one of the booths. Mr. Olivas stated members will be trained on checking ID's with the assistance of the Fort Collins Police Department. Mr. Olivas stated there have been no problems with this event in the past. Authority member Spaulding made a motion, seconded by Authority member Morgan, to approve the special events permit for Knights of Columbus, Council #8820, on July 17, 18 and 19. Yeas: Bullard, Morgan, Spaulding, and Veazie. Nays: None. Expansion of Premises Tortilla Marissa's. 2635 South College Avenue Mr. Doug DeMercurio, owner, stated he has submitted a revised floor plan. He stated the changes include adding an airlock to the front entryway and the outdoor patio will have a one-way emergency exit. Mr. DeMercurio stated the restaurant will seat 69 and the patio will add an additional 38 seats. Authority member Spaulding made a motion, seconded by Authority member Bullard, to determine that the expansion is not substantial and to approve the expansion Yeas: Bullard, Morgan, Spaulding, and Veazie. Nays: None. Show/Cause Hearing for Alberts on's. 3660 South Mason It was noted that the attorney representing the applicant requested to table the hearing until July 15, 1987. Authority member Bullard made a motion, seconded by Authority member Morgan, to table the show/cause hearing for Albertson's, 3660 South Mason, to July 15, 1987. Yeas: Bullard, Morgan, Spaulding, and Veazie. Nays: None. Show/Cause Hearing for Scout 66, 320 North College Avenue It was noted that the attorney representing the applicant requested to table the hearing until July 15, 1987. Authority member Morgan made a motion, seconded by Authority member Spaulding, to table the show/cause hearing to July 15, 1987. Yeas: Bullard, Morgan, Spaulding, and Veazie. Nays: None. -3- June 17, 1987 Show/Cause Hearing for Fast Lane, 200 West Horsetooth Road Mr. Bob Mathews, attorney representing the applicant, stated they stipulate to the violation. Authority member Spaulding made a motion, seconded by Authority member Bullard, to determine that a violation did occur on March 27, 1987, at Fast Lane, 200 West Horsetooth Road. Yeas: Bullard, Morgan, Spaulding, and Veazie. Nays: None. Mr. Terry Gallagher, zone manager, was sworn, and spoke of the number of outlets owned by the company. Mr. Gallagher stated that there have been no other violations at any establishment with the exception of Fast Lane in Fort Collins. He went on to explain the training procedures new employees are required to learn. He stated all employees are required to attend the City's training seminar. It was also noted that any employee who violates the law is automatically terminated. Since the violation, Mr. Gallagher stated his company has taken steps to purchase a video tape and literature from the National Association of Convenience Stores as additional training aids for employees. Mr. Eric Nash, was sworn and stated he is the employee who sold the beer to the minor. Mr. Nash stated he has had no prior violations for selling alcohol to persons underage. He stated he completed the training program at Fast Lane and was informed that he would be fired if he violated the laws. Mr. Nash stated the violation resulted because he gave into selling the beer. He explained that he did ask for identification from the minor but went ahead and sold the beer after giving the minor a verbal warning. Mr. Nash added that he feels the company is providing adequate training to their employees and noted that any employee has potential of making a mistake. Mr. David Frye, general manager, stated the company policy is to card anyone when in doubt. Mr. Frye spoke to the violation which occurred in December. He stated the company is considering conducting their own spot compliance checks. Officer Joseph Mulnix, Police Officer with the Fort Collins Police Department, listed the previous violations at Fast Lane. Authority member Bullard made a motion, seconded by Authority member Spaulding, to levy a two consecutive day suspension of the license to be served within the next 30 business days at the convenience of the owner on a regular business day and that the premises be posted. Yeas: Bullard, Morgan, Spaulding and Veazie. Nays: None. -4- 0 • June 17, 1987 Show/Cause Hearing for Spirits. 2601 South Lemav Avenue Mr. Don McMahill, owner, was sworn and stipulated to the violation. Authority member Bullard made a motion, seconded by Authority member Morgan, to determine that a violation did occur on March 27, 1987, at Spirits, 2601 South Lemay Avenue. Yeas: Bullard, Morgan, Spaulding, and Veazie. Nays: None. Mr. McMahill stated that his employee was not fired and added that he feels the employee realizes the seriousness of the violation. Mr. McMahill stated all of the employees have attended the city's seminar. He added all employees are instructed to card anyone in question. Mr. McMahill stated some people have left angry when asked to produce an ID. In response to a question by the Authority, Mr. McMahill stated his store has been open for six months. Officer Joseph Mulnix, police officer with the City of Fort Collins, was sworn and stated the police scout is away on military duty and submitted two pictures of the scout to the Authority. Authority member Spaulding stated the suspensions have greater financial impact on liquor stores as opposed to convenience stores and restaurants. Authority member Spaulding made a motion to suspend the license for 3 hours during a regular business day within the next 30 days. Due to lack of second, the motion failed. Authority member Bullard made a motion, seconded by Authority member Morgan, to levy a one day suspension of the license to be served within the next 30 business days at the convenience of the owner and that the premises be posted. Yeas: Bullard, Morgan, and Veazie. Nays: Spaulding. Transfer of Ownership Get It and Go. 1005 West Stuart #A-4 Mr. Paul Weidel, owner, stated he has purchased Durkee's Mart. He stated the operation will remain the same. He added that the same employees will be employed under his ownership. Mr. Wei.del stated to date there has been no formal training, other than verbal. In response to a question by the Authority, Mr. Weidel spoke of the financial arrangements made to purchase the business. Authority members stressed the importance of additional training since the business location is exposed to college age students. Authority member Spaulding made a motion, seconded by Authority member Morgan, to approve the transfer of ownership. Yeas: Bullard, Morgan, Spaulding, and Veazie. Nays: None. -5- June 17, 1987 Final Hearing for a 3.2% Fermented Malt Beverage License for Pizza Palace, 2100 West Drake Road Mr. William Mayer, owner, was sworn and stated he owns a family style pizza restaurant in the Drake Crossing Shopping Center. He stated he is requesting the beer license to complement the pizza. He added that his floor plan seats 36 people. Mr. Mayer noted that he will be on site 90% of the time and stated his son is the acting manager and will be present in his absence. With regard to training, Mr. Mayer stated employees will be trained to card individuals looking underage and whenever there is doubt in an employee's mind. He pointed out that the majority of beer will be served by himself. Applicant's Exhibit A was submitted and identified as petitions circulated on behalf of the application. Approximately 100 signatures were submitted. Mr. Mayer testified that the petition was circulated only within the designated boundaries as established by the Authority. Mr. Mayer stated the majority of people contacted were in favor of the license. Applicant's Exhibit B was submitted and identified as the floor plan. In response to a question by the Authority, Mr. Mayer stated that he has had previous restaurant experience in Arizona where he also held a beer license. Authority member Bullard made a motion, seconded by Authority member Spaulding, to approve the 3.2% fermented malt beverage license (on premise) for William Mayer, dba Pizza Palace, 2100 West Drake Road. Yeas: Bullard, Morgan, Spaulding and Veazie. Nays: None. Authority member Bullard made a motion, seconded by Authority member Morgan, to approve the final resolution as presented. Yeas: Bullard, Morgan, Spaulding, and Veazie. Nays: None. Final Hearing for a 3.2% Fermented Malt Beverage License for Circle K. 3531 South Shields Street Mr. Jon Strombraker, attorney representing the applicant, called two witnesses to come forward. Ms. Louise Bennett, 1401 Ottawa Court, and Jeffrey Eighmy, 737 Dennison Avenue, were sworn and stated they are over the age of 18 years. Both witnesses stated they feel there is a need in the neighborhood for this beer license. Ms. Eileen Swiers, vice president of Market Service Associates (a petition survey firm), was sworn and submitted Applicant's Exhibits 1 and 2, which were identified as petitions circulated on behalf of the application. Also submitted was Applicant's Exhibit 3 which was identified as a summary report of the survey. It was noted that 69% of the qualified neighborhood signed in favor of the license. Ms. Swiers described the manner in which the survey was conducted. 10 • June 17, 1987 Ms. Patricia Matthews, and responsibilities. station operation. district manager, was sworn and spoke of her duties Ms. Matthews described the convenience store/gas Mr. Stan Helmkamp, personnel manager for Circle K, was sworn stated he is responsible for training all personnel for Circle K. Mr. Helmkamp spoke of the training procedures followed and submitted Applicant's Exhibit 4, which was identified as the TAM (Technics in Alcohol Management) work book manual. Applicant's Exhibit 5 was submitted and identified as the knowledge test all employees are required to take after their training. Also submitted was Applicant's Exhibit 6, which was identified as the floor plan for the proposed location. Mr. Helmkamp stated the training and instruction also includes a video tape. It was noted that company policy is to terminate any employee who violates the law. Mr. Helmkamp also noted that the company conducts their own spot compliance checks. Mr. Strombraker noted that a manager will be registered with the Authority at the time the store is opened. He stated the store will tentatively open in three months. Authority member Spaulding made a motion, seconded by Authority member Morgan, to approve the 3.2% fermented malt beverage license (off premise) for Circle K Convenience Stores, Inc., dba Circle K, 3531 South Shields. Yeas: Bullard, Morgan, Spaulding, and Veazie. Nays: None. Authority member Bullard made a motion, seconded by Authority member Morgan, to approve the final resolution as presented. Yeas: Bullard, Morgan, Spaulding, and Veazie. Nays: None. Final Hearing for a Hotel -Restaurant License for Northern Dining and Bar Bazaar, 172 North College Avenue Mr. William Starke, applicant, was sworn and stated he is proposing to reopen The Northern Hotel for dining and desires to obtain a liquor license to enhance the business. Mr. Starke stated the building has been open on weekends to teenagers an an alternative night club but it has not been successful. Mr. Starke stated the building is deteriorating and it is his intent to sustain the building and make it viable. Mr. Starke stated he was the previous license holder at one time. With respect to the new operation, Mr. Starke stated all areas of the building will be licensed. He noted the dining area will seat 125; the bar will seat 171; the lobby will seat 90; the banquet will seat 60; and the mezzanine will seat 100. The entire seating capacity is approximately 550. Mr. Starke stated the operation will not open until September. With respect to the menu, Mr. Starke stated the menu will consist of steaks, seafood and full restaurant menu items. In addition, Mr. Starke stated many of the details as to the type of operation are not yet decided, such as dancing, training, etc. With respect to the floor plan, Mr. Starke stated he cannot guarantee that the premises will be the same when the business opens. Staff pointed out that the business will not be allowed to open until a certificate of 62 June 17, 1987 occupancy is issued by the Building Department. Applicant's Exhibit C was submitted and identified as the floor plan as proposed. Petitions were submitted and marked as Applicant's Exhibits A and B. Mr. Starke stated approximately 138 signatures were received. He added that very few people refused to sign the petition and no one opposed the license. In response to a question by the Authority, Detective Broderick stated there were no serious violations or problems with the establishment in the past. Authority member Spaulding made a motion to approve the hotel -restaurant license for Northern Dining and Bar Bazaar, 172 North College Avenue. Authority member Bullard seconded the motion with the condition that the Authority receive a copy of the Building Inspection Report at the time the final plans are approved for the premises. Authority member Spaulding accepted the condition friendly to her motion. Yeas: Bullard, Morgan, Spaulding and Veazie. Nays: None. Authority member Spaulding made a motion, seconded by Authority member Bullard, to approve the final resolution as presented. Yeas: Bullard, Morgan, Spaulding, and Veazie. Nays: None. Final Hearing for a Hotel -Restaurant License for The Junction. 518 West Laurel Mr. Frank Day, corporate president, was sworn and stated he is the sole stockholder of the corporation. Mr. Day stated the Laurel Street Junction currently holds a 3.2% fermented malt beverage license. He stated they are proposing the change the name from Carlos and Luigi's to The Junction, remodel the premises and, upon approval of the hotel -restaurant license, upgrade their license. Applicant's Exhibit A was submitted and identified as the proposed menu; Applicant's Exhibit B was submitted and identified as the existing menu; and Applicant's Exhibit C was submitted and identified as the breakfast menu. Mr. Day stated the operation of the business will essentially remain the same. Applicant's Exhibit D was submitted and identified as the floor plan. He explained that the seating capacity will be approximately 230 seats. Mr. Day stated they are proposing to have a croquet court out on the front lawn which includes the patio, which is also being requested as part of the licensed premises. He stated the patio area will remain the same. In response to a question by the Authority, Mr. Day stated the lawn will have a 4-foot picket cedar fence surrounding the licensed premises. In addition, he stated a waitress will be on duty anytime the front lawn is in use. Mr. Day went on to say that he is supportive of the new legislation to raise the drinking age and added that he will be glad to cater to an older clientele. He stated their carding policy is to check for ID's for those individuals looking underage. Mr. Larry Hennessey, regional manager, was sworn and spoke of the training policies and procedures for Concept Restaurants. Applicant's Exhibit E was submitted and identified as the training manual. Mr. Hennessey explained that they use a video as part of their training. He stated the employees • June 17, 1987 are required to attend the city's seminar. He added that they hold monthly employee meetings to review the liquor laws and liability. He stated they are aware of their proximity to CSU and will act responsibly in serving their customers. Mr. Michael Severance, general manager, was sworn and spoke of his responsibilities as manager. Mr. Severance also stated he circulated some of the petitions on behalf of the license application. Mr. Severance stated there was a very favorable response from the neighborhood and noted there are 646 total signatures in favor of the license. He stated petitions were circulated in the restaurant, among the residents and businesses of the defined area, as well as CSU offices. Mr. Severance gave a break down of the petition results from each area. The petitions circulated by Mr. Severance were submitted and marked as Applicant's Exhibit F. Ms. Carla Rossi, was sworn, and stated she is employed by The Junction as a waitress. Mr. Rossi explained that she circulated petitions, which were submitted and marked as Applicant's Exhibit G. Ms. Elaine Mantle, was sworn, and stated she is employed by The Junction as waitress. Ms. Mantle explained that she circulated petitions, which were submitted and marked as Applicant's Exhibit H. In closing, Mr. Day stated approximately 15% of the sales will be in alcohol. He added that he feels the favorable response warrants the granting of the license. Several persons in the audience were present to speak in opposition to the license and were sworn in as a group to give testimony. Mr. Clyde Canino, owner of Canino's, 613 South College Avenue. Mr. Canino submitted Opponent's Exhibit A, which was identified as a petition containing 84 signatures against the granting of the license at The Junction. In summary, Mr. Canino stated that he opposes the license on the basis that he does not feel there is a need in the neighborhood, as defined, for an additional hotel -restaurant license. Mr. Canino stated the existing number of licensed outlets in the neighborhood are adequate. Mrs. Karen Canino, owner of Canino's, 613 South College Avenue, stated the petition was circulated within the designated neighborhood. She stated she feels the granting of this license will alter the character of the neighborhood. In response to questions by the Authority, the Caninos stated they feel the hotel -restaurant license held by Cafe Bluebird (next door to the Junction) is different in concept because they only serve beer and wine. They added that Cafe Bluebird is a smaller operation and have limited hours. The Caninos also stated they would not oppose the license at The Junction if it were a beer and wine license or if they were located on College Avenue. to June 17, 1987 Ms. Jean Kamal, 645 South Whitcomb, submitted Opponent's Exhibit B which was identified as a petition containing 55 signatures opposing the granting of the license at The Junction. She stated the petitions were circulated only within the boundaries of the defined neighborhood area. Ms. Kamal objected to the neighborhood area undergoing transition from residential to commercial. She stated she would like to see the quality residential area maintained. Ms. Kamal pointed out that area has reached a saturation point by noting that a number of licensed outlets other than hotel -restaurant licenses exist in the neighborhood. Ms. Kamal stated she did not receive notice of this hearing. She also stated she would have opposed the license at Cafe Bluebird had she been notified. Ms. Kamal stated the neighborhood is experiencing traffic problems. Mr. Floyd Holsinger, 415 South Whitcomb, stated he opposes the granting of the license. Mr. Holsinger stated he originally signed the petition for The Junction but appeared to testify that he later changed his mind and signed the petition against The Junction. He stated he feels the need of the neighborhood are currently being met. Mr. William Justus Wilkinson, 429 South Whitcomb, stated he opposes the granting of the license. He added that he feels the needs of the neighborhood are adequately being met with the existing licensed establishments. Mr. Frank Day cross-examined Mr. and Mrs. Canino and Ms. Kamal. In closing, Mr. Day stated he does not feel the granting of the license will change the character of the neighborhood. He added that with the change of license, his establishment will serve fewer students alcohol. Mr. Day stated that alcohol is equally intoxicating, therefore the argument that beer and wine is a milder type of alcohol than mixed drinks (hotel -restaurants license) is not true. The Authority thanked the neighborhood for appearing and voicing their comments. Authority member Bullard made a motion, seconded by Authority member Spaulding, to approve the hotel -restaurant license for Arapahoe Muldoon, Inc., dba The Junction (previously Carlos and Luigis's), 518 West Laurel. Yeas: Bullard, Morgan, Spaulding, and Veazie. Nays: None. Authority member Bullard made a motion, seconded by Authority member Morgan, to approve the final resolution as presented. Yeas: Bullard, Morgan, Spaulding, and Veazie. Nays: None. Transfer of Ownership J.B.'s Convenience Plus 710E Magnolia Mr. John Baas, owner, stated he has purchased the business from Venta, Inc. Mr. Baas spoke of his training program, which includes a video cassette training program. He noted that the same employees are working under his -10- 0 June 17, 1987 ownership and stated they are familiar with the beer laws. In response to a question by the Authority, Mr. Baas explained the financial/purchase arrangements. Authority member Spaulding made a motion, seconded by Authority member Bullard, to approve the transfer of ownership from Venta, Inc. to John and Emily Baas, dba J. B.'s Convenience Plus, 710 E. Magnolia. Yeas: Bullard, Morgan, Spaulding, and Veazie. Nays: None. Police Report Detective Broderick stated the City Attorney's Office sent notice to The Comedy to produce explanation of their non-food service by this date. He stated there has been no response and to his knowledge they have not complied with the hotel -restaurant requirements to provide meals. He requested that the Authority schedule a show/cause hearing. Authority member Bullard made a motion, seconded by Authority member Spaulding, to determine probable cause and scheduled a show/cause hearing for The Comedy Works, #7 Old Town Square, Suite 114, on August 12, 1987. In addition, the Authority requested that all accounting records from the time the license was issued to present be produced showing the breakdown of food and liquor sales as required by statute. Yeas: Bullard, Morgan, Spaulding, and Veazie. Nays: None. Detective Broderick stated he is being transferred and introduced Paul Landolt, who will replace him as the representative for the Police Department. Dee Garcia, secretary in the detective bureau, was also introduced. Ad.iournment Authority member Spaulding made a motion, seconded by Authority member Bullard, to adjourn. The Vice -Chairman put the motion to vote which was The meeting was adjourned at approximate Secretary -11- unanimously adopted. 9hti' I I � /