Loading...
HomeMy WebLinkAboutLiquor Licensing Authority - Minutes - 04/22/198740 LIQUOR LICENSING AUTHORITY Regular Meeting - April 22, 1987 6:30 P. M. A regular meeting of the Liquor Licensing Authority was held on Wednesday, April 22, 1987, in the Council Chambers of the City of Fort Collins Municipal Building. The following members were present: Acott, Bullard, Morgan, Spaulding, and Veazie. (Secretary's Note: Authority member Bullard arrived approximately 6:35 p.m.) Authority Members Absent: Monaghan and Sommermeyer. Staff Members Present: 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. 1. Consider approving the minutes of the regular meeting of March 25, 1987. 2. Registration of Manager: a. Karen Albrecht - Diamond Shamrock Food Mart, 1113 West Drake Road. 3. New Applications: a. Tortilla Marissa's, 2635 South College Avenue. b. An American Bistro, 115 East Mountain Avenue. Authority member Spaulding made a motion, seconded by Authority member Acott, to approve the Consent Calendar. Yeas: Acott, Bullard, Morgan, Spaulding, and Veazie. Nays: None. Expansion of Premises Blue Bayou, 1045 East Garfield Mr. William Clark, owner, stated they are proposing to add a game room to the west of the current licensed premises. He noted that a wait person will be on duty in the game room. Mr. Clark stated the expansion will add approximately 20 seats, for a total of 74, and add an additional 550 square feet. • • April 22, 1987 Authority member Spaulding made a motion, seconded by Authority member Morgan, to determine that the expansion is not substantial and to approve the expansion. Yeas: Acott, Bullard, Morgan, Spaulding and Veazie. Nays: None. Modification of Premises Round the Corner. 101 West Swallow Road Mr. Larry Norman, director of restaurant development for Round the Corner, spoke of the completed remodeling job. He stated the remodeling was cosmetic in nature and no additions were made to the current licensed premises. In response to a question by the Authority, Mr. Norman stated the remodeling was not filed prior to the work being completed because the architect and contractor were not aware of the procedure. Authority member Spaulding made a motion, seconded by Authority member Morgan, to determine that the modification is not substantial. Yeas: Acott, Bullard, Morgan, Spaulding, and Veazie. Nays: None. sion of Premises Mr. Patrick McGaughran, co-owner, stated they are proposing to expand their premises to the north of their licensed premises in order to create a waiting area. He stated the service bar will also be located in the new proposed area. Mr. McGaughran stated they are also proposing an outdoor patio in the back of the restaurant. He stated the current seating capacity is 65 and will be increased to 120 seats with the patio. When the patio is not open, he noted the seating capacity will be 90. Mr. McGaughran stated the patio will be bordered by a 6-foot redwood fence and customers will enter and exit through the new proposed part of the restaurant. Authority member Morgan made a motion, seconded by Authority member Spaulding, to determine that the expansion is not substantial and to approve the expansion. Yeas: Acott, Bullard, Morgan, Spaulding and Veazie. Nays: None. Special Events Permit - 3.2% Phi Gamma Delta - May 9 1987 Mr. Craig Doctor, events manager, stated their annual carnival will be held at the CSU Alumni Field. He noted that this is the first year they have requested a beer permit. Mr. Doctor stated the boundaries will be roped off and ID's will be checked at the entrances. He noted the CSUPD will be on duty and assist throughout the event. In addition, he stated student marshalls will also be on hand. Mr. Doctor explained the manner in which -2- • • April 22, 1987 the students will be trained to check for ID's. It was noted that the entertainment will consist of a live band and approximately 2,000 may attend the event. Authority member Spaulding made a motion, seconded by Authority member Acott, to approve the special events permit for Phi Gamma Delta on May 9, 1987. Yeas: Acott, Bullard, Morgan, Spaulding, and Veazie. Nays: None. Special Events Permit - 3.2% Foothills Sertoma - May 30 and 31 1987 Mr. Dave Phillips, member of Foothills Sertoma, stated they are requesting a beer permit for the 3rd Annual Artisan Fair to be held in Old Town Square on May 30 and 31. He stated the pancakes, bratwursts, beer and other beverages will be sold. Mr. Phillips stated the area will be roped off and each entrance station will be manned by volunteers, who will be trained on the beer laws. Authority member Acott made a motion, seconded by Authority member Spaulding, to approve the special events permit for Foothills Sertoma on May 30 and 31, 1987. Yeas: Acott, Bullard, Morgan, Spaulding, and Veazie. Nays: None. Special Events Permit - 3.2% Scottish Society of Northern Colorado - June 6 1987 Mr. James Bush, president of Scottish Society, stated the sixth annual gathering will take place at the CSU Athletic Field on June 6. He stated the event is family oriented and includes a variety of events. He stated approximately 300-500 people could attend. Mr. Bush explained how the beer will be served and ID's checked. Authority member Acott made a motion, seconded by Authority member Morgan, to approve the special events permit for Scottish Society of Northern Colorado on June 6. Yeas: Acott, Bullard, Morgan, Spaulding, and Veazie. Nays: None. Special Events Permit - 3.2% Sigma Nu Fraternity - May 2 1987 Mr. Keven Hine, fraternity member, stated they are requesting a beer permit for the Cinco de Mayo Festival in Old Town Square on May 2. He noted that approximately 40 volunteers have been trained to serve beer and check ID's. He noted that beer and coolers will be served one at a time. He noted that the perimeter will be roped off and volunteers manned at each entrance. Authority member Spaulding made a motion, seconded by Authority member Morgan, to approve the special events permit for Sigma Nu Fraternity on May -3- • • April 22, 1987 2, 1987. Yeas: Acott, Bullard, Morgan, Spaulding, and Veazie. Nays: None. Transfer of Ownership Sandtrao at SouthRidge 5750 South Lemav Avenue Beth Ann Cordova and Kimberly Anders, owners, stated they are the new lease holders for the restaurant. Ms. Cordova stated there will be no changes in the business. She explained they have applied for the license as a limited partnership and hold a Lease Agreement between the partnership and Clifford Buckley. Authority member Spaulding made a motion, seconded by Authority member Acott, to approve the transfer of the tavern license from Clifford Buckley to Beth Ann Cordova and Kimberly Anders. Yeas: Acott, Bullard, Morgan, Spaulding, and Veazie. Nays: None. Transfer of Ownership Old Town Liauors 38 East Mountain Avenue Mr. Tae Un Pang, applicant, was present at the hearing. Mr. Sam Crimaldi, attorney, explained that the new owner is currently employed under a management agreement and is being trained by the owner. Mr. Crimaldi stated that Mr. Pang will attend the training seminar by Ernie Tellez and he will employ one other employee. He stated Mr. Pang is familiar with the Liquor Code. In response to questions by the Authority, Mr. Grimaldi stated that Vincent Chung owns the building and is in no way involved in the management of the business. He assured the Authority that Mr. Chung is not training the new applicant. Authority member Spaulding made a Bullard, to approve the transfer of Pang. Yeas: Acott, Bullard, Morgan, motion, seconded by Authority member ownership from Jae Hoon Kim to Tae Un Spaulding and Veazie. Nays: None. Spring Creek Liquors, 1005 West Stuart #A3 Mr. Kent Richards, applicant, stated he and his father are applying for transfer of ownership. Mr. Richards stated there will be no change in operations of the store. He stated he will obtain additional training on the liquor laws. He noted that he will employ three employees and that he will be the on -site manager. Mr. Richards spoke briefly of the financial arrangements for the purchase of the business. Authority member Spaulding made a motion, seconded by Authority member Bullard, to approve the transfer of ownership from James Barry David to Majic Incorporated. Yeas: Acott, Bullard, Morgan, Spaulding, and Veazie. Nays: None. -4- • • April 22, 1987 Transfer of Ownership Country Store, 1517 Lemay Avenue Mr. Dwane McGuire and Mr. Doug Pickle, partners, stated they have purchased the convenience store on Lemay Avenue. Mr. McGuire stated there are no changes in the operation of the store. Mr. McGuire stated that he and his wife will be managing this store. He explained that he has hired all new employees under his management and will have his employees attend the training seminars. He spoke briefly of the financial arrangements. Authority member Spaulding made a motion, seconded by Authority member Acott, to approve the transfer of ownership from Donald Johnson and Jeffrey Brooks to Dwane McGuire and Douglas Pickle. Yeas: Acott, Bullard, Morgan, Spaulding, and Veazie. Nays: None. Final Hearing for a 3.2% Fermented Malt Beverage (on/off) License for Sandtrao at SouthRidge Golf Course 5750 South Lemay Avenue Unit A Ms. Beth Ann Cordova, co -tenant, was sworn. Ms. Kimberly Anders, co -tenant, was also sworn. Ms. Cordova explained that by licensing the golf course, it will give them more control of the premises and take action against those that bring their own beer. She explained that a beer girl will be stationed between holes 1 and 10 only and will serve beer in cans. It was noted that the beer served in the restaurant will be served in bottles only. Ms. Cordova stated that the beer girl will be responsible for checking coolers before they are allowed onto the course. She explained that employees will be trained to card anyone looking under 30 years. Applicant's Exhibit A was submitted and identified as petitions circulated among the residents of the defined neighborhood area. Applicant's Exhibit B was submitted and identified as petitions circulated among the golfers on the premises. Ms. Anders stated there was no opposition to their survey. Authority member Spaulding made a motion, seconded by Authority member Acott, to approve the 3.2% fermented malt beverage (on/off) license for the golf course area only at Sandtrap at SouthRidge, 5750 South Lemay Avenue, Unit A. Yeas: Acott, Bullard, Morgan, Spaulding, and Veazie. Nays: None. Authority member Acott made a motion, seconded by Authority member Morgan, to approve the final resolution as presented. Yeas: Acott, Bullard, Morgan, Spaulding, and Veazie. Nays: None. Show/Cause Hearing for The Moot House 2626 South College Avenue Assistant City Attorney Paul Eckman noted that this case was initiated by a citizen, therefore there will be no testimony from the City. -5- • , April 22, 1987 Mr. Michael Kottenstette, former manager of The Moot House, was sworn and spoke of his experience in the restaurant business and training he has received on the Liquor Code. Mr. Kottenstette explained he feels certain disrespectful and dissolute behavior on behalf of the license holder, K. Bill Tiley, needs to be brought to the attention of the Authority. As manager, Mr. Kottenstette stated he implemented a 3 drink rule policy whereby any off -duty employee was limited to 3 drinks. This rule also applied to Mr. Tiley. On January 27, 1987, at approximately 6 p.m., Mr. Tiley entered the bar to entertain a business associate from out of town. Mr. Kottenstette stated he was off duty that evening but was in the area of the bar where Mr. Tiley and his client were drinking. At the time Mr. Tiley order a fourth drink, the bartender refused to serve him. At this time, Mr. Kottenstette was called over and explained to Mr. Tiley and his client that the rule was a risk management measure to ensure that no employee drink over their limit at the work place. Mr. Kottenstette then allowed the bartender to serve one more round and placed a limit of one additional round. Upon ordering the sixth drink, the bartender refused Mr. Tiley service. Mr. Kottenstette noted that at this time, Mr. Tiley was visibly intoxicated and became angry when he was refused another drink. It was noted that Mr. Tiley fired the bartender on duty and requested that another bartender fill in and serve him. Mr. Kottenstette stated that Mr. Tiley was again refused service and fired the second bartender also. Mr. Kottenstetee told the Authority some of the things Mr. Tiley said and explained that he does not feel this type of conduct is appropriate for the license holder. It was also noted that Mr. Tiley fired Mr. Kottenstetee after their discussion. Mr. Kottenstette stated he is filing the complaint because he feels that what has been done is wrong and that other employees in the restaurant should not have to deal with this type of conduct. In addition, he stated he feels Mr. Tiley is in violation of Reg. 47-105.1 (misconduct of establishment) and Sec. 12-47-128 (serving a visibly intoxicated person). Complaintant's Exhibit A was submitted and identified as a letter from a witness who was on the premises that evening. Mr. Kottenstette spoke of other incidents which have occurred at the restaurant when Mr. Tiley had been drinking. Mr. Robert Brandes, attorney representing Mr. K. Bill Tiley, cross-examined Mr. Kottenstette. Mr. Kottenstette stated that he has asked Mr. Tiley to rehire him as the manager. He also admitted to stating that he would have filed no complaint had Mr. Tiley rehired him. Mr. Kottenstette stated that there are no problems with Mr. Tiley until he starts drinking. Mr. Kottenstette stated he believes Mr. Tiley displayed bad moral character by placing employees in a situation of serving drinks or being fired. Mr. Eric Muller, waiter at The Moot House, was sworn, and stated he was asked to relieve the bartender on duty the evening of January 27. It was at this time Mr. Tiley had fired the bartender on duty and was requesting his sixth drink. Mr. Muller stated he refused to serve Mr. Tiley and was also fired. He added that he now has his job back. Mr. Muller stated Mr. Tiley showed visible signs of intoxication and became short tempered. 10 • April 22, 1987 Mr. Lynn Wilsey, bartender at The Moot House, was sworn and stated he was the bartender on duty the evening of January 27. He explained that at approximately 8:30 p.m. Mr. Tiley was attempting to order the sixth drink. He explained that he refused to serve him and Mr. Tiley fired him. He also noted that he has his job back today. Mr. Brandes cross-examined Mr. Wilsey. In the cross-examination, Mr. Wilsey stated Mr. Tiley was intoxicated at the time of ordering the sixth drink. Ms. Mary Dunn, employee at The Moot House, was sworn and spoke of another incident occurring in October of 1986. She stated Mr. Tiley and one of his friends came into the restaurant around 10 p.m., after the dining room had closed. Ms. Dunn stated they were both served a drink and ordered a sandwich. She stated the cocktail waitress brought to her attention that both Mr. Tiley and his friend had had too much to drink (even before the one drink at The Moot House), therefore they were refused further service. She stated the friend questioned why they could not be served and then pulled her over and kissed her on the lips. Ms. Dunn stated she was disappointed in Mr. Tiley because he did not come to her aid and did not say anything to his friend. She stated Mr. Tiley does not exhibit poor behavior when he does not drink. Mr. Brandes cross-examined Ms. Dunn. Mr. Brandes moved for dismissal of the hearing on the basis that evidence has not been established to prove that an intoxicated person was served on the premises or that the license holder is of bad moral character. Mr. Brandes added that he feels this incident arose out of a strained employee/employer relationship and perhaps should be heard before the Department of Labor. Authority member Bullard agreed that there is lack of evidence to show that the license holder is of bad moral character but added that he does feel there is sufficient evidence to pursue the charge of serving an intoxicated person. Authority member Veazie stated he feels there is evidence to show the loitering and serving of an intoxicated person but not enough evidence to substantiate the bad moral character issue. Authority member Acott stated she feels there is enough evidence to show the serving of an intoxicated person. Mr. Kottenstette stated he was hired by Mr. Tiley to establish a risk management program. He added that had Mr. Tiley hired him back he would have continued to work with Mr. Tiley and enforce his policy. Mr. Kottenstette also stated he has no hard feelings towards Mr. Tiley but wanted to bring this information to the Authority to do whatever they feel is best. Authority member Morgan stated he feels there would be sufficient grounds to show a violation under the regulation of conduct of establishment. -7- April 22, 1987 Authority member Spaulding made a motion, seconded by Authority member Bullard, to dismiss the charge under Sec. 12-47-111, persons prohibited as licensees. Yeas: Acott, Bullard, Morgan, Spaulding, and Veazie. Nays: None. Authority member Acott made a motion, seconded by Authority member Bullard, to consider whether a violation occurred under Reg. 47-105.1, conduct of establishment. Yeas: Acott, Bullard, Morgan, and Veazie. Nays: Spaulding. Mr. Bill Tiley, real estate developer and owner of The Moot House, was sworn. Mr. Tiley spoke of the incident occurring on January 27. He stated he was embarrassed in front of his client when the employees refused to serve them. Mr. Tiley admitted that this made him angry. He further explained that his actions stemmed from his anger rather than from being intoxicated. Mr. Tiley stated he is currently looking for a lessee for the restaurant and to transfer the liquor license. Mr. Kottenstette and Mr. Brandes made their closing statements. The Authority commended the staff at The Moot House. Authority member Bullard made a motion, seconded by Authority member Acott, to determine that a violation did occur on January 21, 1987, at The Moot House. Yeas: Acott, Bullard, Morgan, and Veazie. Nays: Spaulding. Authority member Spaulding stated she has difficulty with Mr. Kottenstette's statement saying he would not have filed this complaint had he gotten his job back. Authority member Morgan made a motion, seconded by Authority member Bullard, to issue a letter of reprimand to The Moot House, 2626 South College Avenue. Yeas: Acott, Bullard, Morgan, Spaulding, and Veazie. Nays: None. Authority member Morgan stated he recognizes the establishment but feels a suspension would penalize Authority member Bullard agreed but noted that if another same type is found a more severe sanction could be imposed. Other Business problem at the the employees. violation of the It was noted that on Friday, March 27, 1987, the Police Department conducted a spot compliance check among 42 licensed establishments. Out of the 42 businesses, 7 establishments failed to pass the compliance check. It was also noted that other violations, in addition to selling to a minor, occurred at Saddle Up Liquors. Authority member Spaulding made a motion, seconded by Authority member Acott, to determine probable cause and scheduled show/cause hearings on May in • . April 22, 1987 20, 1987, for Gene's Tavern, 200 Walnut; Saddle Up Liquors, 1015 South Taft Hill Road; Marriott Hotel, 350 East Horsetooth Road; and Upper Crust, 2601 South Lemay Avenue. Yeas: Acott, Bullard, Morgan, Spaulding, and Veazie. Nays: None. Authority member Spaulding made a motion, seconded by Authority member Acott, to determine probable cause and scheduled show/cause hearings on June 17, 1987, for Albertson's, 3660 South Mason; Fast Lane, 200 West Horsetooth Road; Scout 66, 320 North College Avenue; and Spirits, 2601 South Lemay Avenue. Yeas: Acott, Bullard, Morgan, Spaulding, and Veazie. Nays: None. The Authority agreed to table the presentation of a Resolution to boardmember Charlie Monaghan to May 20. They also tabled further discussion on adding an alternate to the Authority. Boardmember Veazie distributed copies of a draft letter to be mailed to licensees for further discussion at the May 20 meeting. Authority member Veazie requested that the Police Department check to see if Comedy Works will be serving food in the near future. It was noted that they hold a hotel -restaurant license and food service is required. Adjournment Authority member Morgan made a motion, seconded by Authority member Acott, to adjourn. The Vice -Chairman put the motion to vote which was unanimously adopted. The meeting was adjourned at approximatelyA 1,00-,u.m. �C' U cam- ai irm`an Se ary WE