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HomeMy WebLinkAboutLiquor Licensing Authority - Minutes - 02/24/198810 h 6 4 LIQUOR LICENSING AUTHORITY MINUTES Regular Meeting - February 24, 1988 6:35 P. M. A regular meeting of the Liquor Licensing Authority was held on Wednesday, February 24, 1988, in the Council Chambers of the Fort Collins Municipal Building. The following members were present: Bullard, Cooper, Morgan, Poncelow, and Veazie. (Secretary's Note: Authority member Veazie arrived at approximately 6:50 p.m.) Authority Members Absent: Sommermeyer and Spaulding Staff Members Present: Debbie Duval, City Clerk's Office Paul Eckman, City Attorney's Office Paul Landolt, Police Department 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 January 27 1988 regular meeting. Authority member Poncelow made a motion, seconded by Authority member Morgan, to adopt the Consent Calendar. Yeas: Bullard, Cooper, Morgan, and Poncelow. Nays: None. Special Events Permit - Liquor Holy Family Church, March 12 1988 Maria Fuerte, coordinator, stated this event is separate from the annual celebration held in the summer. She explained that the church will hold a St. Patrick's Day benefit dance on March 12. The money raised will be used to pay for water damages caused by rainstorms. The Chairman noted for the record that the Authority has reviewed the application form submitted by the applicant. In response to a question by the Authority, Ms. Fuerte stated that an off duty policeman will be on hand to patrol the, event. February 24, 1988 Mr. Lee Suniga, events manager, stated that tamales will be sold in addition to coffee, soft drinks, and spirituous beverages. He explained that ID's are required and will be checked. Mr. Suniga stated that the licensed area will be secured so that no one can leave the premises with a drink. Authority member Poncelow made a motion, seconded by Authority member Morgan, to approve the special events application for Holy Family Church on March 17, 1988, during the times indicated on the application. Yeas: Bullard, Cooper, Morgan, and Poncelow. Yeas: None. (Secretary's Note: Authority member Veazie arrived at this time.) Transfer of Ownership for Pizza 2001, 116 East Foothills Parkway The applicant was not present in the audience at this time. Transfer of Ownership for Marsanne's Cafe, 400 South Meldrum Marsanne Jablonski, part-owner, stated that the same partnership is transferring the license into a corporate name. It was noted that no financing is involved. The Chairman noted that the Authority has reviewed the background investigation reports on each individual and has been informed that all procedural requirements have been met. Authority member Veazie made a motion, seconded by Authority member Cooper, to approve the transfer of ownership from Joseph Jablonski, Marsanne Jablonski and Michelle Joven to Marsanne's Cafe Ltd. dba Marsanne's Cafe, 400 South Meldrum. Yeas: Bullard, Cooper, Morgan, Poncelow and Veazie. Nays: None. Transfer of Location Cafe Columbine, 647 South College Avenue The Chairman noted for the record that the Authority has been informed that all procedural requirements have been met and that the background investigation reports have been reviewed by the Authority. It was also noted that for a transfer of location, the only issues to be considered by the Authority are the reasonable needs and desires of the neighborhood. Jay Witlen, co-owner, was sworn and stated that the license application which was approved for The American Bistro, 115 E. Mountain Avenue, last April could not be used because financing was not obtained. Therefore, Mr. Witlen explained that they want to transfer the liquor license to the Cafe -2- • 0 February 24, 1988 Columbine and noted that he and his wife are still the applicants for the license. He stated his wife will be the hostess and will be trained to check for identification. In addition, he stated all waitresses will be trained to check for proper identification. He stated all employees will be required to read the training manual and attend Officer Tellez' class. Mr. Witlen stated customers have requested that the restaurant stay open later to serve dinners and obtain a liquor license. He explained that they intend to expand the menu, remodel the interior, and add some refrigerator space prior to opening for dinners. With respect to the floor plan, Mr. Witlen noted that no bar or lounge will be on the premises. He stated they intend to serve drinks with meals. Applicant's Exhibits 1 and 2 were submitted and identified as petitions circulated on behalf of the application. It was noted that approximately 300 signatures were favorable responses. Mr. Witlen added that a survey of their customers also indicated a very favorable response to obtaining a liquor license. In closing, Mr. Witlen stated he feels there is a need in the neighborhood and the community for a liquor license at this establishment. Authority member Poncelow made a motion, seconded by Authority member Veazie, to approve the hotel -restaurant license for Cafe Columbine, 647 South College Avenue. Yeas: Bullard, Cooper, Morgan, Poncelow, and Veazie. Nays: None. Authority member Veazie made a motion, seconded by Authority member Morgan, to approve the final resolution as presented. Yeas: Bullard, Cooper, Morgan, Poncelow, and Veazie. Nays: None. Final Hearing for a Hotel -Restaurant license for Sneeze's Snorts Emporium 829 South Shields The Chairman noted for the record that the Authority has been informed that all procedural requirements have been met and that the background investigation reports have been reviewed by the Authority. Mr. Guy Greenstein, attorney representing the applicant, introduced his first witness, Craig Grabau. Craig Grabau, co-owner, was sworn and stated he is the president of CGTV, Inc., the applicant. Mr. Grabau stated a market survey was conducted to determine whether there is a need for a sports bar in this neighborhood. The research showed that this neighborhood did not currently have a sports bar and that the needs were not currently being met. He stated that he will be responsible in overseeing that the corporate objectives are met and stated he will be involved in the daily operations only on a part-time basis. With respect to the financing of the business, Mr. Grabau explained that several people are making loans to the business but will hold no ownership in the corporation. -3- February 24, 1988 Tom Veneziano, co-owner, was sworn and stated he is the secretary of the corporation and will be the on -site manager of the business. Mr. Veneziano reviewed the floor plan with the Authority. He explained that the sports restaurant will gear itself to the sports enthusiast and sponsor sports events, baseball teams, etc. Applicant's Exhibit 6 was submitted and identified as the menu for Sneeze's. He noted that full meals will be provided during all hours of operation. Mr. Veneziano explained the training program for employees and stated that the employees will attend Officer Tellez' classes. In addition, he stated he will obtain the Identification Guide Booklet. He explained the procedure used to handle an intoxicated person. In closing, Mr. Veneziano stated he feels the current needs and desires of the neighborhood are not being met. Robert Gardner, 1313 Burton Court, Apt. 2, was sworn and stated he is a resident of the neighborhood. He stated he would desire this establishment because it would be within walking distance of his residence and there are no other sports bars in the area. Steve Wymer, 1301 University Avenue #302B, was sworn and stated he is a resident of the neighborhood. He stated he would desire a sports bar within walking distance of his residence. Mr. Wymer stated he is currently a college student and knows of other students who are in favor of this license. Dick Rayburn, business owner of 1110 West Elizabeth, was sworn and stated he is in favor of this license. He also stated he likes to be able to order a meal in the late evening hours, especially during baseball season when the games run late. He stated he does not feel the needs of the neighborhood are currently being met. Todd White, 1220 East Stuart, was sworn and stated he is a resident of the neighborhood. Mr. White noted that he owns a business within a block of the proposed establishment. He stated he would desire to see another eating establishment open for lunch that is within walking distance of the business. He added that he does not feel the needs of the neighborhood are currently being met. Mr. Max Scott, owner of Oedipus, a surveying firm out of Boulder, was sworn and spoke of his experience in the business. Mr. Scott explained how the petition survey was conducted. Applicant's Exhibit 1 was submitted and identified as a summary report of the survey results. Applicant's Exhibits 1, 2, 3, 4, and 5 were also submitted and identified as petitions circulated on behalf of the application. Based on needs and desires, Mr. Scott reported that 8890 of the neighborhood signed the petition in favor of the license. Mr. Daniel Thompson, 623 Del Norte Place, was sworn and stated he is a resident of the neighborhood. Mr. Thompson spoke in opposition and submitted petitions containing approximately 30 signatures against the license. He stated the concerns of the area residents are speeding cars and the ingress and egress of traffic into the street from the parking lot. In addition,.Mr. Thompson stated the College Days riots occurred nearby and -4- 0 0 February 24, 1988 the residents are concerned with hard liquor being served at the establishment. Mr. Greenstein objected to the Authority receiving the petition on the grounds that the petition was in improper form and the establishment was referred to in the petition by the wrong name. He also stated for the record that the opponent has laid no foundation for its admission or stated its relevance to the hearing proceedings. Assistant City Attorney Paul Eckman established that the opponent's petition has been submitted as a method to indicate the desires of some of the adult inhabitants in the neighborhood. The Authority received the petition into evidence. Mr. Thompson cross-examined Max Scott regarding the survey process. Mr. Greenstein cross-examined Mr. Thompson regarding his petition. Authority member Veazie made a motion, seconded by Authority member Morgan, to approve the hotel -restaurant license for CGTV, Inc., dba Sneeze's Sports Emporium, 829 South Shields. Authority members Veazie and Poncelow stated they feel that the applicant has shown a need for the license in this neighborhood. In response to a question by the Authority, Assistant City Attorney Paul Eckman stated he did not feel it is the intent of the statute to require background investigations on each lender. Mr. Greenstein pointed out that there is no evidence to show that any lender on this application is of bad moral character. Authority member Bullard stated he will not be concerned unless there is reason to be concerned later. If at any time it is proven that a lender is not of good moral character, it was noted that the Authority can look into the matter at that time. The Chairman put the motion to vote. Yeas: Bullard, Morgan, Poncelow and Veazie. Nays: Cooper. Authority member Veazie made a motion, seconded by Authority member Morgan, to approve the final resolution as presented: Yeas: Bullard, Morgan, Poncelow and Veazie. Nays: Cooper. Show/Cause Hearings for King Soopers Assistant City Attorney Paul Eckman briefed the Authority on the facts of the alleged violations. On December 4, 1987, at approximately 8:24 p.m., an employee of King Soopers at the 2325 South College store, Kathryn Topping, sold an alcoholic beverage to scout Laurie Flemming, a person under the age of 18 years. Also on December 4, 1987, an approximately 10:10 p.m., an employee of King Soopers at the 1015 South Taft Hill store, Barry Rittenhouse, sold an alcoholic beverage to scout Laurie Flemming, a person under the age of 18 years. -5- February 24, 1988 Authority member Carl Cooper abstained from voting on both King Soopers items and removed himself from his chair. Mr. Kevin Kuhn, attorney representing the applicant, stated the applicant will stipulate to both of the alleged violations. Authority member Veazie made a motion, seconded by Authority member Morgan, to determine that a violation did occur at King Soopers, 2325 South College Avenue and at King Soopers, 1015 South Taft Hill, on December 4, 1987. Yeas: Bullard, Cooper, Morgan, Poncelow and Veazie. Nays: None. Kathryn Topping, employee at King Soopers on College Avenue, was sworn and explained that she has pleaded guilty in County Court basically to plea bargain and to get it over with. Ms. Topping explained that she has been trained to card for identification and refuse service if no identification is produced. Applicant's Exhibit A was submitted and identified as the rules and regulations regarding alcoholic beverage sales at King Soopers. Ms. Topping stated that she read the rules and regulations and signed a statement of understanding earlier in the day on December 4. She stated that this violation occurred on a Friday night while she was working on the "fast lane". Joseph Campanella, store manager of the Taft Hill store, was sworn and stated the employee, Barry Rittenhouse, had signed a statement of understanding of the rules and regulations on December 3, 1987. Applicant's Exhibit B was submitted and identified as a sign which is posted on the beer coolers in the back of the store. He stated the sign reads "We ID under 25". Rishel Whitham, store manager for both stores, was sworn and stated that since the violations occurred, the rules and regulations have been reviewed with all employees. Beth Barnes, district manager, was sworn and stated that King Soopers will be sending all existing and future employees to the training classes conducted by Ernie Tellez. She explained that the rules and regulations are circulated to each employee every six months. Officer Ernie Tellez, police officer for the City of Fort Collins, was sworn and stated the applicant has been very cooperative and has agreed to send all employees to the training classes. He noted the previous violations into the record. Officer Tellez recommended a two-day suspension of the license for the College Avenue store and a three-day suspension for the Taft Hill Road store. Mr. Kuhn cross-examined Officer Tellez and then gave his closing remarks. Authority member Veazie made a motion, seconded by Authority member Poncelow, to levy a one -day suspension of the license at the College Avenue store, at the convenience of the owner, within the next 30 days and the • February 24, 1988 Premises to be posted. Yeas: Bullard, Morgan, Poncelow, and Veazie. Nays: None. Abstain: Cooper. Authority member Poncelow made a motion, seconded by Authority member Morgan, to levy a three-day suspension of the license at the Taft Hill store within the next 30 days and the premises to be posted. Yeas: Morgan and Poncelow. Nays: Bullard and Veazie. Abstain: Cooper. THE MOTION FAILED TO PASS. Authority member Veazie made a motion to suspend the license for one day at the Taft Hill store within the next 30 days and the premises be posted. THE MOTION FAILED DUE TO LACK OF A SECOND. Authority member Veazie made a motion, seconded by Authority member Bullard, to levy a two-day suspension to be served at the Taft Hill store on a Friday and Saturday within the next 30 days and that the premises be posted. Yeas: Bullard, Morgan, Poncelow and Veazie. Nays: None. Abstain: Cooper. Show/Cause Hearing for Bennigan's. 2203 South College Avenue Attorney David Wood requested that the hearing be tabled to March 23, 1988. Authority member Veazie made a motion, seconded by Authority member Cooper, to table the hearing for Bennigan's to March 23, 1988. Yeas: Bullard, Morgan, Poncelow, and Veazie. Nays: None. Show/Cause Hearing for Spring Creek Liquors 1005 West Stuart Assistant City Attorney Paul Eckman briefed the Authority on the alleged facts. On December 4, 1987, at approximately 9:40 p.m., Ken Richard, owner, sold an alcoholic beverage to Bart Schmitz, a person under the age of 21 years. Kent Richard, owner, stipulated to the violation. Authority member Veazie made a motion, seconded by Authority member Morgan, to determine that a violation did occur at Spring Creek Liquors, 1005 West Stuart, on December 4, 1987. Yeas: Bullard, Cooper, Morgan, Poncelow and Veazie. Nays: None. Mr. Richard explained that the violation occurred on a Friday night and noted that this was not his regular shift. He stated he was caught off guard and made a mistake and is now very embarrassed. Mr. Richard explained his carding policy and submitted copies of the written procedures used in training his employees. He added that he and his employees will be attending the seminar conducted by Officer Tellez. -7- February 24, 1988 Officer Ernie Tellez recommended issuing a letter of reprimand. He stated he feels the owner is very conscientious in training his employees and has learned a valuable lesson from the violation. Authority member Poncelow made a motion, seconded by Authority member Veazie, to issue a letter of reprimand to Spring Creek Liquors, 1005 West Stuart. Yeas: Bullard, Cooper, Poncelow and Veazie. Nays: Morgan. Authority member Morgan stated he feels a violation is serious when the owner commits the violation. He also pointed out that the establishment is near the CSU campus and they should be even more strict on their carding policies. The Chairman put motion to vote: Yeas: Bullard, Cooper, Poncelow and Veazie. Nays: Morgan. Transfer of Ownership for Pizza 2001, 116 East Foothills Parkway Alan Martin, co-owner, stated he is applying for a transfer of the license previously held by Panteras Pizza. He explained their carding policy. Mr. Martin spoke of his previous background and stated he has the experience to train employees on the laws. He stated the corporation purchased the business when the previous owners filed bankruptcy. It was noted for the record that the Authority has reviewed the background investigation reports and has been informed that all procedural requirements have been met. Authority member Veazie made a motion, seconded by Authority member Morgan, to approve the transfer from Pizza Concepts Incorporated to Pizza 2001, Inc., dba Pizza 2001, 116 East Foothills Parkway. Yeas: Bullard, Cooper, Morgan, Poncelow, and Veazie. Nays: None. Other Business Comedy Works At last month's meeting, some discussion took place about the accuracy of the reports submitted by the Comedy Works. Authority member Bullard made a motion, seconded by Authority member Morgan, to table further discussion until Assistant City Attorney Steve Roy is present. Yeas: Bullard, Cooper, Morgan, Poncelow, and Veazie. Nays: None. Fine in Lieu of Suspension The Authority decided to table further discussion on this matter until March 23. It was stated that further research needs to be done regarding the establishment of the fund. Authority member Bullard noted that he In February 24, 1988 would like to see the money collected used for sorely needed purposes, such as training. Police Report Detective Paul Landolt submitted a case for the Authority's review involving the moral character of one of the owners at People's Bar. The Authority questioned whether they should determine probable cause prior to the matter being heard in court. Assistant City Attorney Paul Eckman stated he feels the Authority has sufficient grounds to determine probable cause based on the police incident report. The Authority tabled the matter to March 23. Policy for Continuances The Authority decided that the Chairman shall rule on any first requests for continuances of show/cause hearings. Any subsequent requests will be decided upon by the entire Authority. AdJournment Authority member Veazie made a motion, seconded by Authority member Cooper, to adjourn. The Chairman put the motion to vote which was unanimously adopted. The meeting was adjourned at approximately 11:15 p.m. C h a trian Se.c-6tary.�,e