Loading...
HomeMy WebLinkAboutLiquor Licensing Authority - Minutes - 02/25/1987a t 6 LIQUOR LICENSING AUTHORITY Regular Meeting - February 25, 1987 7:40 P.M. A regular meeting of the Liquor Licensing Authority was held on Wednesday, February 25, 1987, in the Council Chambers of the City of Fort Collins Municipal Building. The following members were present: Morgan, Sommermeyer, Spaulding, and Veazie. Staff Members Present: Jim Broderick, Police Department Y / Debbie Caster,:City Clerk's Office / Steve Roy, City Attorney's Office (7 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 aooroving the minutes of the regular meeting of January 28 1987. 2. Registration of Manager: a. Bernard Linenberger - Spirits, 2607 South Lemay Avenue b. Zackery Thomas - Red Lobster, 3301 South College Avenue c. Byron Crocker - Osco Drug, 112 East Foothills Parkway Authority member Veazie made a motion, seconded by Authority member Spaulding, to approve all items not removed from the Consent Calendar. Yeas: Morgan, Sommermeyer, Spaulding, and Veazie. Nays: None. Show/Cause Hearing for Gene's Tavern, 200 Walnut It was noted that the attorney representing the applicant submitted a letter requesting the tabling of the hearing until March 25. Authority member Spaulding made a motion, seconded by Authority member Veazie, to table the hearing for Gene's Tavern to March 25, 1987. Yeas: Morgan, Sommermeyer, Spaulding, and Veazie. Nays: None. February 25, 1987 Show/Cause Hearing for Bennigan's. 2203 South College Avenue Mr. Lane Ernest, attorney representing the applicant, stated his client stipulates to the violation. Authority member Veazie made a motion, seconded by Authority member Spaulding, to determine that a violation did occur on December 19, 1986, at Bennigan's, 2203 South College Avenue. Yeas: Morgan, Sommermeyer, Spaulding, and Veazie. Nays: None. Mr. Ernest stated the violation involved the serving of a minor during a compliance check conducted by the Fort Collins Police Department on Friday, December 19, 1986. Mr. Ernest gave the Authority some background on the applicant, Steak and Ale. He noted that there was one previous liquor violation in 1983 for sale to a minor. Mr. Ernest noted that employees are fired if they violate any liquor law. Mr. Steve Halliday, was sworn, and stated he is the District Supervisor. Mr. Halliday explained his duties and spoke of the training program with respect to alcoholic beverages. Mr. Halliday stated changes have been implemented since the violation. He noted they have changed the carding policy to check anyone looking under 30 years of age or younger. In addition, he stated they have reported the policies and have had the employees reread the manual. In closing, Mr. Halliday spoke of the economic impact which would occur if the license were suspended. Mr. Halliday then addressed questions by the Authority. Mr. Michael Eggars, was sworn, and stated he is the general manager. Mr. Eggars also reviewed the changes which have been implemented since the violation occurred. In response to a question by the Authority, Mr. Eggars stated the employee who violated the law was a good worker and was respected by all her co-workers. Some question arose with respect to past violations occurring at the establishment. Mr. Ernest noted that his office requested information from the City Clerk's Office and received only the information regarding the violation in June 1983. Debbie Caster, representative from the City Clerk's Office, stated the only matter which was brought to the attention of the Liquor Licensing Authority was the violation occurring in June 1983. She stated she was not aware of any other violations. Mr. Ernest stated he would object to any other information being allowed into the record as evidence on the basis that his office acted with diligence and has not had the opportunity to review any other information. Because the Police Department had other matters to disclose (letters of concern to the establishment), Assistant City Attorney Steve Roy suggested that the hearing could be continued in order for the Police Department information to be admissible. He added that it is up to the Authority to determine due process in this case. Mr. Mark Painter, assistant to Ernest Lane, testified that he requested information from the City Clerk's Office pertaining to any past violations or any compliance checks which the establishment may have successfully passed. Detective Jim Broderick -2- . February 25, 1987 interjected noting that the Police Department files can contain additional information that may not have ever appeared before the Authority. He added no request was made to his office by the attorneys for background information. Chairman Sommermeyer noted that the applicant requested that the hearing not be continued, and on that basis ruled that the evidence from the Police Department not be admitted. The Authority concurred. Mr. Ernest delivered his closing statement and requested that the Authority issue a letter of reprimand or a suspended suspension. Authority member Veazie noted that the Authority has changed since 1983 when Bennigan's received a letter of reprimand. Authority member Morgan suggested that the doorman card everyone before allowing them entry into the bar. Mr. Ernest noted that the establishment is also a restaurant, so all ages of people frequent the establishment without desiring any alcoholic beverages. Authority member Spaulding stated the community of Fort Collins wants strict enforcement of the liquor and beer laws. Authority member Veazie made a motion, seconded by Authority member Spaulding, to levy a one -day suspension of the license to be served within the next 30 days at the convenience of the owner and that the premises be posted. Yeas: Morgan, Spaulding and Veazie. Nays: Sommermeyer. Modification of Premises People's Bar, 934 Lemav Avenue Mr. William LeNorreys, part owner and manager, stated the seating plan is almost identical to the old bar. He noted that there will be 12 new bar stools. He noted that the front bar will be made slightly smaller and the back bar is being expanded. Mr. LeNorreys explained that the bar is being modified to better utilize the existing space. Authority member Veazie made a motion, seconded by Authority member Morgan, to determine that the modification of premises is not substantial and to approve the proposed plan as presented. Yeas: Morgan, Sommermeyer, Spaulding, and Veazie. Nays: None. New Application for a 3.2% Fermented Malt Beverage License The boundaries as proposed by the Administration were as follows: North from the subject premises to Prospect Road West from the subject premises to Taft Hill Road South from the subject premises to Horsetooth Road East from the subject premises to College Avenue Mr. Mike Sullivan, merchandise manager, stated the boundaries are acceptable. -3- February 25, 1987 Authority member Veazie made a motion, seconded by Authority member Spaulding, to accept the new application, accept the boundaries as proposed, and set the final hearing for March 25, 1987. Yeas: Morgan, Sommermeyer, Spaulding, and Veazie. Nays: None. Final Hearing for a Beer and Wine License for Golden Dragon, 1220 North College Avenue It was noted that this application has been withdrawn by the applicant. Final Hearing for a Retail Liquor Store License for Crystal Gardens Liauors, 3307 South College Avenue It was noted that this application has been withdrawn by the applicant. Final Hearing for a Hotel -Restaurant License for Skoroios Restaurant, 146 North College Avenue Mr. David Wood, attorney representing the applicant, called his first witness. Ms. Fereshteh Noudjoumi, was sworn, and stated she is the owner of the restaurant. Ms. Noudjoumi spoke of the restaurant she operated in Iran. She also spoke of her green card application and the background investigation she went through in order to come to the United States. Ms. Noudjoumi stated she has never had a liquor violation. She went on to explain that her restaurant will offer Mediterranean food and will seat only 40 people. Ms. Noudjoumi stated members of her family will assist her in operating the restaurant. Licensee's Exhibit 1 was submitted and identified as a picture of the building in which the applicant has possession of the premises; Licensee's Exhibit 2 was submitted and identified as a luncheon menu; Licensee's Exhibit 3 was submitted and identified as a dinner menu; and Licensee's Exhibit 4 was submitted and identified as the menu from The Greek Connection. Mr. Wood stated the menu from The Greek Connection will show that the cuisine is actually American food. In closing, Ms. Noudjoumi stated she is familiar with the Colorado Liquor laws and that she has attended the seminar conducted by the City. Mr. Max Scott, owner of Oedipus, Inc., was sworn and stated he was contacted to conduct a petition survey for the liquor license. Mr. Scott explained how surveys are conducted. Licensee's Exhibit 5 was submitted and identified as a summary report of the survey. Licensee's Exhibits 6, 7 and 8 were submitted and identified as the petition packets which were circulated on behalf of the license. In summary, Mr. Scott stated 95% of the neighborhood signed in favor of granting the liquor license. In addition, it was noted that an additional survey was conducted of on -the -street downtown patrons in order to determine alcohol users in the downtown restaurants. The summary report of this survey was submitted as Licensee's Exhibit 9. -4- • • February 25, 1987 Authority member Veazie made a motion, seconded by Authority member Morgan, to approve the license for Skorpios Restaurant, 146 North College Avenue. Yeas: Morgan, Sommermeyer, Spaulding, and Veazie. Nays: None. Authority member Veazie made a motion, seconded by Authority member Spaulding, to approve the final resolution as presented. Yeas: Morgan, Sommermeyer, Spaulding, and Veazie. Nays: None. Final Hearing for a Hotel -Restaurant License for Cafe Bluebird 524 West Laurel Street Mr. Charles Bloom, attorney representing the applicant, called his first witness. Mr. Khahil Kamandy, owner, was sworn and spoke of his background and previous restaurant experience. It was noted that Mr. Kamandy previously owned The Green Turtle restaurant and Kelly's Bar. Mr. Kamandy explained that while operating under a management agreement, the potential purchasers of Kelly's Bar were not meeting the food requirements for a hotel -restaurant license. It was brought out in testimony that this license was revoked while under the ownership of Mr. Kamandy. It was noted that the Cafe Bluebird opened for business December 1, 1986, and employs approximately 12 employees. Mr. Kamandy stated his customers were requesting wine with their meals, therefore he decided to apply for a license. Mr. Kamandy explained how his employees will be trained on the liquor laws. It was noted that the restaurant seats approximately 80 people. Licensee's Exhibit 1 was submitted and identified as the menu for the restaurant. Ms. Beth Powers, 1118 City Park Avenue, was sworn and stated she circulated petitions on behalf of the hotel -restaurant license for Cafe Bluebird. Licensee's Exhibit 2 was submitted and identified as the petitions circulated by Ms. Powers. Ms. Powers stated that she obtained approximately 100 signatures in favor of the license. She noted that only two people refused to sign the petition. Mr. Mike Hurt, 524 South Grant, was sworn and stated he circulated petitions on behalf of the hotel -restaurant license for Cafe Bluebird. Licensee's Exhibit 3 was submitted and identified as the petitions circulated by Mr. Hurt. Mr. Hurt stated that he obtained approximately 200 signatures in favor of the license. He noted that approximately 20 people refused to sign the petition because they personally did not consume alcohol. Ms. Becky Gomez, 1118 City Park Avenue, was sworn and stated she circulated petitions on behalf of the hotel -restaurant license for Cafe Bluebird. Licensee's Exhibit 4 was submitted and identified as the petitions circulated by Ms. Gomez. Ms. Gomez stated that she obtained approximately 200 signatures in favor of the license. She noted that approximately 30 -5- February 25, 1987 people refused to sign the petition because they personally did not consume alcohol or did not like signing petitions. The Chairman noted that one letter of protest was received from Mrs. Josephine Clements, 634 South Whitcomb Street. Authority member Veazie made a motion, seconded by Authority member Morgan, to approve the hotel -restaurant license for Cafe Bluebird, 524 West Laurel Street. Yeas: Morgan, Sommermeyer, Spaulding, and Veazie. Nays: None. Authority member Veazie made a motion, seconded by Authority member Spaulding, to approve the final resolution as presented. Yeas: Morgan, Sommermeyer, Spaulding, and Veazie. Nays: None. Special Events Permit - 3.2% Sigma Nu Fraternity - April 22, 1987 Mr. Matt Milsovic, events manager, stated this is the first time his fraternity has requested a special events permit to sell 3.2% beer. He stated their event will be held on April 22 at the fraternity. He stated their proposed event has been approved by the College Days Committee. Mr. Milsovic stated there will be designated beer stations set up but noted that everyone will be carded at the gate. Mr. Milsovic stated some members of the fraternity attended the seminars conducted by the City in an effort to learn how to check for proper identification. He stated a six-foot chain link fence will be erected around the grounds where the event is to take place and beer is to be consumed. Mr. Milsovic stated he contributes a large majority of the problems last year to the out of town people. He stated their event is being limited to CSU students within the Greek system. He pointed out that their event falls on a Wednesday, which will help reduce the number in attendance. It was estimated that approximately 1300 people could attend the event. It was noted that 4 police officers will be on hand and that approximately 30 designated members of the fraternity (not allowed to drink beer) will be patrolling the event. The Chairman noted that two letters were received opposing the special events license. Authority member Spaulding stated she supported the idea that the tickets sales were being limited to Greek members only. She also stated she favored the event being held on a Wednesday and ending at 11 p.m. Mr. Dennis Nicks, manager of certain units at Baystone Condominiums, stated he does not oppose the granting of the special events permit. Mr. Nicks voiced his concern with the amount of security and police that is to be on hand when the event is over. Because the crowd at one of last year's events became out of control at the time the event was over, Mr. Nicks suggested very strict security be on hand at the time the crowds disperse from the events and be provided throughout the entire College Days weekend. • • February 25, 1987 Ms. Barbara Bejmuk, representing homeowners of the Baystone Condominiums, stated she feels that CSU should find a location away from the Baystone area to hold the College Days events. Her comments addressed the problems which occurred at last year's College Days events. Mr. Bob Chaffee, representative of the College Days Committee and CSU police officer, assured the Authority and concerned citizens in the audience that the CSU, City and County law enforcement agencies are all working together to minimize any problems. He stated, however, that no guarantees can be made that problems will not exist. Ms. Deb Sheftic, Co-chairman of College Days Committee, stated that there will be efforts made to have an adequate number of people patrolling the events. Authority member Veazie made a motion, seconded by Authority member Spaulding, to approve the special events permit for Sigma Nu Fraternity on April 22, 1987, from 8 p.m. to 11 p.m. with the conditions that all requirements of the CSU College Days Committee be met. Yeas: Morgan, Sommermeyer, Spaulding, and Veazie. Nays: None. Special Events Permit - 3.2% Lamdba Chi Alpha General Fraternity, April 23, 1987 (Rain date• April 25) Mr. Chuck Weiss, events manager, stated their event will be held April 23 at the fraternity. He noted that live entertainment and pizza, coke and beer will be provided. Mr. Weiss stated that 20 members of the fraternity will work as security in addition to off duty police and emergency medical technicians. Mr. Weiss stated a double fence will surround the grounds and will be patrolled by fraternity members. He noted that ID's will be checked at the gate. He stated members dispensing the beer will be properly trained. Mr. Rod Shanks, fraternity member, spoke of last year's problems involving out of town people and the steps being taken to prevent any problems this year. For example, Mr. Shanks stated efforts are being made to de-emphasize beer sales. In addition, he stated the event will not run late and efforts will be made to disperse the crowd away from the Baystone Condominiums. Authority member Veazie made a motion, seconded by Authority member Morgan, to approve the special events permit to Lamdba Chi Alpha General Fraternity on April 23, 1987 (rain date of April 25), with the condition that all requirements of the CSU College Days Committee be met. Yeas: Morgan, Sommermeyer, Spaulding, and Veazie. Nays: None. -7- February 25, 1987 Special Events Permit Phi Kappa Tau Fraternity, April 25. 1987 (Rain date: April 26) - 3.2% Mr. Gary Atchison, events manager, spoke of the event to be held April 25 at the fraternity. He stated all ID's will be checked at the gates. He explained where the beer will be dispensed and stated alternative beverages will be available along with hot dogs and popcorn. With respect to security, Mr. Atchison stated 3 off -duty police officers will be on hand, as well as 30 fraternity members. He stated there were no problems last year with this event. He pointed out that the location of this event is removed from campus and usually has fewer people attend. Mr. Atchison stated a 4-foot snow fence will surround the grounds. He noted that the event hours will run from 10 a.m. to 6 p.m., thus avoiding late night hours. Authority member Veazie made a motion, seconded by Authority member Spaulding, to approve the special events license for Phi Kappa Tau Fraternity for April 25, 1987 (rain date: April 26) with the condition that all requirements by the CSU College Days Committee be met. Yeas: Morgan, Sommermeyer, Spaulding, and Veazie. Nays: None. Authority member Spaulding commented that last year's problems could not have been predicted by anyone. She noted that upon investigating the problem, it was found that each applicant abided by all the laws, rules and suggestions by the Authority. Mrs. Spaulding stated that there is no way to predict any problems this year either. Special Events Permit - 3.2% CSU Productions - April 24, 1987 Ms. Rosalyn Flowers, events manager, spoke of the annual event held on the CSU Lory Student Center lawn. She stated that there have been no problems with this event in the past. Ms. Flowers noted that the size of cup in which beer will be served has been reduced in an attempt to de-emphasize beer consumption. Authority member Spaulding made a motion, seconded by Authority member Veazie, to approve the special events permit for CSU Productions on April 24, 1987, with the condition that all requirements by the CSU College Days Committee be met. Yeas: Morgan, Sommermeyer, Spaulding, and Veazie. Nays: None. 10 0 February 25, 1987 Other Business It was noted that the Authority received a letter from a concerned citizen (also ex -employee) that liquor violations are occurring at The Moot House. The Authority stated this matter should be investigated. Detective Broderick responded noting that an investigation will occur regardless of any action by the Authority. He stated that he feels there is no need to delay appropriate action. Authority member Veazie made a motion, seconded by Authority member Morgan, to determine probable cause and scheduled a show/cause hearing for The Moot House, 2626 South College Avenue on March 25, 1987. Yeas: Morgan, Sommermeyer, Spaulding, and Veazie. Nays: None. Ad.iournment Authority member Veazie made a motion, seconded by Authority member Spaulding, to adjourn. The Chairman put the motion to vote which was unanimous The meeting was adjourned at approximate_y_1-2415 a.m Secretary