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HomeMy WebLinkAboutLiquor Licensing Authority - Minutes - 09/12/1990LIQUOR LICENSING AUTHORITY MINUTES Regular Meeting - September 12, 1990 6:30 p.m. A regular meeting of the Liquor Licensing Authority was held on Wednesday, September 12, 1990, in the Council Chambers of the Fort Collins Municipal Building. The following members were present: Crowfoot, Mael, Poncelow, and Wawro. (Authority member Guerrie arrived at approximately 6:35 p.m.) Authority members absent: Cooper and Norton. Staff Members Present: Steve Roy, City Attorney's Office Rita Knoll, City Clerk's Office Sandy Gibson, 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 that 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. 2. This is a request from Northern Dining and Bar Bazaar and Old Colorado Brewing Company, Inc., the hotel -restaurant licensee for Northern Dining and Bar Bazaar and Old Colorado Brewing, 172 North College, to change the trade name of the establishment to Northern Dining and Bar Bazaar and Old Colorado Brewing and Gonzalo's Restaurant. The Benevolent and Protective Order of Elks #804, the club licensee for Elks Lodge #804, 140 East Oak, is reporting a change of corporate officers. Stanley Cole is replacing Roger Rogers as president and Hugh Hiigel is replacing Stanley Cole as Vice -President. • September 12, 1990 Transfer of Ownership of Chow's Garden. #23 Old Town Square Suite 100. This is a request to transfer the ownership of Chow's Garden, #23 Old Town Square, Suite 100, from the partnership of George and Edward Chow to George Chow. Authority member Mael made a motion, seconded by Authority member Crowfoot, to adopt and approve all items not removed from the Consent Calendar. Yeas: Crowfoot, Mael, Poncelow, and Wawro. Nays: None. THE MOTION CARRIED. (Secretary's Note: Authority member Guerrie arrived at this point.) Consideration of Applications from the Eyeopeners Kiwanis Club of Fort Collins for Two Special Events Permits for Oktoberfest on September 29, 1990 at Oak Street Plaza and Old Town Square, Both Applications Approved Authority member Poncelow withdrew from consideration and vote on this item due to a perceived conflict of interest. Warren Jones, Eyeopeners Kiwanis Club, described the Oktoberfest activities in Oak Street Plaza and Old Town Square on September 29. He stated Oktoberfest is the club's major fundraiser each year and noted this is the 12th year for the event. Mr. Jones indicated there have been no problems in the past and stated off -duty officers will be hired to provide security for the event. Authority member Wawro made a motion, seconded by Authority member Guerrie, to approve the applications of the Eyeopeners Kiwanis Club for special events permits in Oak Street Plaza and Old Town Square on September 29, 1990. Yeas: Crowfoot, Guerrie, Mael, and Wawro. Nays: None. (Authority member Poncelow withdrawn) THE MOTION CARRIED. Report of Manager for Phar-Mor, 4106 South College, Approved George Dorman, manager, stated he has been employed with Phar-Mor for the past 2 years. He stated he has been a manager at the Englewood store for the last 6 months prior to being transferred to the Fort Collins store. He indicated there were no problems at the Englewood store while he was the manager. Mr. Dorman spoke of training he received as a manager and described the training provided to employees of the store. September 12, 1990 Authority member Crowfoot made a motion, seconded by Authority member Mael, to approve George Dorman as manager of Phar-Mor, 4106 South College. Yeas: Crowfoot, Guerrie, Mael, Poncelow, and Wawro. Nays: None. THE MOTION CARRIED. Report of Change of Manager of Vicker's #2487, 2025 South College, Approved Cecilia Torres, manager, stated she has been with Metro Oil Company for 1 year and noted she has been manager at this location since July. She stated although she has previous managerial experience, she did not have experience with alcohol sales. She spoke of the training she received and training provided to employees. In response to a question from the Authority, Mr. Torres stated a prior DWI violation was not indicative of any current problems. Authority member Mael made a motion, seconded by Authority member Crowfoot, to approve Cecilia Torres as manager of Vicker's #2487, 2025 South College. Yeas: Crowfoot, Guerrie, Mael, Poncelow, and Wawro. Nays: None. IIMIaLD)a(sL`I9:1a3t*13 Registration of Brooke Robertson as Manager of Old Chicago, 147 South College, Approved Brooke Robertson, manager, stated he was previously employed at the Old Chicago in Boulder. He stated there were no violations at the Boulder restaurant while he was employed as the bar manager. Authority member Guerrie made a motion, seconded by Authority member Wawro, to approve Brooke Robertson as manager of Old Chicago, 147 South College. Yeas: Crowfoot, Guerrie, Mael, Poncelow, and Wawro. Nays: None. THE MOTION CARRIED. Request from Old Chicago Fort Collins, Inc., dba Old Chicago, 147 South College, to Change, Alter, or Modify the Premises, Modification Found Substantial and Approved Tom Metcalf, attorney, stated he was present to represent Old Chicago, but noted one of the corporate officers would describe the modification and respond to questions. Frank Day, owner, explained that they are planning to expand into the retail space to the north of the existing restaurant. He stated the establishment is currently 5400 square feet inside with a 1000 square feet in patio areas. He noted the new area would be approximately 1900 square • • September 12, 1990 feet. Mr. Day stated the establishment currently seats 248 and that the expansion would provide an additional 52 seats. He stated the new area would be utilized for eating and as a lounge. Mr. Day approached the Authority with pictures of a similar establishment in Colorado Springs. He stated he believed there was a demand for an increase in the size of the establishment. He stated the street frontage of the establishment will double. He described the new seating that will be provided and noted that pool tables and shuffleboard will be placed in the new area. He spoke of the food that is generally sold in bar areas. Mr. Day explained that years ago the basement area was licensed for 90 seats. He stated that seating was never completed and noted there are no longer any plans to use the basement for seating area. He indicated they were requesting that the basement be included in the licensed premises for the storage of alcohol. He stated they are not requesting that the basement of the expansion area be licensed. In response to questions from the Authority, Mr. Day stated the Colorado Springs and Lakewood restaurants have pool tables and shuffleboard. He stated he did not anticipate a change in the clientele as a result of the expansion. Secretary Rita Knoll explained the discrepancy regarding the licensing of the basement of the establishment. City Attorney Steve Roy advised the Authority of the regulations regarding changes to the licensed premises. He stated whether or not the basement is included in the licensed premises, according to state statute any increase or decrease in the licensed premises would constitute a substantial modification. Authority member Crowfoot made a motion, seconded by Authority member Wawro, to find that the modifications to Old Chicago, 147 South College, are substantial. Yeas: Crowfoot, Guerrie, Mael, Poncelow, and Wawro. Nays: None. THE MOTION CARRIED. Mr. Metcalf indicated the licensee was prepared to proceed with a hearing at this meeting. Maggie Kunze, Executive Director of the Downtown Business Association, was sworn. She stated she was familiar with the plans to expand Old Chicago and stated she believed the desire of the inhabitants of the neighborhood would be to have the expansion approved. She stated she believed the expansion would be in the best interest of the downtown merchants. She stated the downtown does not currently have an establishment offering pool tables and shuffleboard and indicated it would be a draw to the downtown area. Scott Smith, owner of Coopersmith's Pub and Brewing, was sworn. He stated Coopersmith's is a brew pub in the downtown area. He stated he is familiar with the proposed expansion of Old Chicago and stated there is definitely a need for a place to play pool in a nice environment. • September 12, 1990 Mr. Metcalf submitted three letters from businesses in the neighborhood supporting the application. The letters were admitted into evidence and identified as Applicant's Exhibits A, B, and C. In response to questions from the Authority, Mr. Day stated feedback from customers has been supportive. He stated there no pool leagues or additional promotions planned as a result of the expansion. He spoke of the TIPS training provided to employees. Gary Foreman, regional manager, was sworn. He stated he polled the area adjacent to the establishment and that the comments were all positive. He stated the stores on each side of the establishment are retail stores and are not open during the evening hours. Authority member Wawro made a motion, seconded by Authority member Mael, to approve the modification of the premises for Old Chicago, 147 South College. Yeas: Crowfoot, Guerrie, Mael, Poncelow, and Wawro. Nays: None. THE MOTION CARRIED. Request from Delfannies Restaurant and Deli, Inc., dba Delfannies, 215 East Foothills Parkway, to Change, Alter, or Modify the Premises, Modification Found Substantial and Hearing Scheduled for October 10 Del LeBlanc, owner, stated the remodeling of the mall has initiated the change to the restaurant. He stated he is being forced to add a new dining room to the front area of the establishment. He stated if he does not expand into the new area, the mall will put a new store in front of the restaurant. He stated the expansion will add 30 seats for dining only. He stated liquor sales are approximately 7% of total sales and that he did not expect the liquor sales to increase as a result of the expansion. Mr. LeBlanc stated the new area will be totally enclosed. Authority member Crowfoot made a motion, seconded by Authority member Guerrie, to find that the proposed modification to Delfannies, 215 East Foothills Parkway, is substantial. Yeas: Crowfoot, Guerrie, Mael, Poncelow, and Wawro. Nays: None. THE MOTION CARRIED. Mr. LeBlanc indicated he was not prepared with evidence regarding the need for the expansion. Authority member Crowfoot made a motion, seconded by Authority member Guerrie, to schedule a hearing for October 10, 1990. Yeas: Crowfoot, Guerrie, Mael, Poncelow, and Wawro. Nays: None. THE MOTION CARRIED. • September 12, 1990 Hearing on a New Application for a 3.2% Beer License at Pizza Hut Restaurant, 4643 South Mason, Approved Max Scott, Oedipus, Inc., was sworn. He described the petitioning process and submitted Applicant's Exhibit A which was identified as a summary report of the petition results, and Applicant's Exhibits B, C, D, and E which were identified as petition documents. With the consent of the City Attorney, Applicant's Exhibits A, B, C, D, and E were admitted into evidence. Mr. Scott summarized the results of the petition effort, noting that 312 signatures were obtained in support of the application, and 15 signatures were in opposition to the application. He indicated the resulting 89% in favor of the application was a very good for a 3.2% beer application. James Winter, president of Larimer County Pizza Hut, Inc., was sworn. He spoke of the structure of the corporation and described the nature of Gary Bolton's employment with the corporation. Mr. Winter spoke of the training provided to employees. He described the layout of the establishment and described the interior decor. He stated the establishment will have a drive up window for carryout service. He noted the liquor license requested is for consumption on the premises only and stated beer will not be carried out or delivered. Mr. Winter outlined the carding policies for the establishment. Authority member Mael made a motion, seconded by Authority member Guerrie, to adopt Resolution 90-11 approving the application of Larimer County Pizza Hut, Inc. for a 3.2% beer license at Pizza Hut Restaurant, 4643 South Mason. Yeas: Crowfoot, Guerrie, Mael, Poncelow, and Wawro. Nays: None. THE MOTION CARRIED. Darryl Hagen, manager, stated he has been the manager at the Loveland Pizza Hut for 2 years and noted there were no problems at that store. He stated this store will employ 40 to 50 people and spoke of training provided to employees. Authority member Guerrie made a motion, seconded by Authority member Crowfoot, to approve Darryl Hagen as manager of Pizza Hut, 4643 South Mason. Yeas: Crowfoot, Guerrie, Mael, Poncelow, and Wawro. Nays: None. THE MOTION CARRIED. • • September 12, 1990 Hearing on a New Application for a 3.2% Beer License at Convenience Plus, 1032 West Mountain, Approved Robert Dill, attorney representing C Plus of Colorado, Inc., stated he had filed an amended application with the City Clerk's Office and provided copies of the amended application to the Authority. Mr. Dill explained the reason for the amended application. Bob Mauck, district manager for C Plus of Colorado, Inc., was sworn and stated he has worked for the company since February 1987. He stated that the location was previously occupied by a gas station which did not sell beer. He described the remodeling to the structure prior to opening. He stated the corporation has approximately 40 stores in Colorado which sell beer. Mr. Mauck spoke of the products carried at the store. He stated there will be 7 employees at the store and noted the store will be open 24 hours. He described the measures that will be taken to ensure that after hours sales do not occur. Mr. Mauck described the training program for employees and submitted Applicant's Exhibit I which was identified as an operating procedures and instructions manual. With the consent of the City Attorney, Applicant's Exhibit I was admitted into evidence. Mr. Mauck estimated beer sales at the establishment to be 5% to 8%. He stated he believes there is a need for a beer license in the area and spoke of questions from patrons regarding the sale of beer. John Musa, 1920 Winterberry owner of Campus West Liquors the neighborhood boundaries. impact on the neighborhood believes there is a need establishment would not be in favorably of the improvements Way, was sworn. He stated he has been the for 11 years and noted the business is within He stated he did not foresee any negative if the license is approved. He stated he for the license. Mr. Musa indicated this competition with his establishment. He spoke to the site. Max Scott, Oedipus, Inc., was reminded that he was still under oath. He described the petitioning process and submitted Applicant's Exhibit A which was identified as a summary report of the petition results, and Applicant's Exhibits B, C, D, E, F, G, and H which were identified as petition documents. With the consent of the City Attorney, Applicant's Exhibits A through H were admitted into evidence. Mr. Scott explained that due to anticipated opposition in the neighborhood, the applicant requested a larger survey sample in order to provide more comprehensive coverage of the neighborhood. He stated that the survey was also designed to get the neighborhood concerns about the site in writing. He stated they used 2 petition formats, with the first format being for people who wished to sign in favor of the application. He stated the second format allowed an individual to sign in opposition to the application and to write in any reasons or concerns about the site • • September 12, 1990 location. Mr. Scott summarized the results of the petition effort, noting 473 signatures and 3 verbalizations were obtained in support of the application, and 39 signatures and 1 verbalization were in opposition to the application. He stating the resulting 92% in favor of the application was a very good survey result. In response to questions from the Authority, Mr. Scott stated if an individual indicated he was against the license he was given a petition format which would allow him to write out the reason for opposition. He explained in greater detail the petitioning process. He stated the survey was done on Saturday, September 1. In response to a question from the Authority, Secretary Rita Knoll indicated that there is no 500 foot restriction with regard to the proximity of schools to 3.2% beer licenses. Authority member Poncelow noted that the Authority had received a letter in opposition to the license. Mr. Dill objected to admission of the letter into evidence because he did not have the opportunity to question the authors of the letter. Following discussion by the Authority and the City Attorney, Mr. Dill withdrew his objection. The Authority accepted the letter into evidence. Authority member Wawro made a motion, seconded by Authority member Guerrie, to adopt Resolution 90-12 approving the application of C Plus of Colorado, Inc. for a 3.2% beer license at Convenience Plus, 1032 West Mountain. Authority member Poncelow stated although she understood the desire of the applicant to know the reasons why people are opposed to the license, she did not like that petition format. Authority member Mael agreed with Authority member Poncelow and expressed concern that the petition didn't adequately address the residents in close proximity to the establishment. Authority member Crowfoot expressed concern about the proximity of Montessori School. Authority member Guerrie expressed concern about the number of people who are opposed to the license. She indicated she believes it is a substantial number. The vote on Authority member Wawro's motion was as follows: Yeas: Guerrie, Poncelow, and Wawro. Nays: Crowfoot and Mael. THE MOTION CARRIED. Daniel Klema, manager, spoke of his prior experience as a manager with Convenience Plus. He stated there were no violations at the other store • September 12, 1990 while he was manager. employees. Mr. Klema described the training provided to Authority member Crowfoot made a motion, seconded by Authority member Guerrie, to approve Daniel Klema as manager of Convenience Plus, 1032 West Mountain. Yeas: Crowfoot, Guerrie, Mael, Poncelow, and Wawro. Nays: None. THE MOTION CARRIED. Resolution Making Findings Regarding the Denial of an Application for a Club License at the Eagles Club #4021, 302 North Meldrum, Approved Authority member Guerrie withdrew from consideration and vote on this item because she was not present when the application was denied. Authority member Crowfoot made a motion, seconded by Authority member Mael, to adopt Resolution 90-10 making findings regarding the denial of an application for a club license at the Eagles Club #4021, 302 North Meldrum. Yeas: Crowfoot, Mael, Poncelow, and Wawro. Nays: None. (Authority member Guerrie withdrawn) THE MOTION CARRIED. Other Business Lindens Tom Short, Lindens, appeared before the Authority to respond to a complaint registered with the Authority by Jim Reidhead regarding noise at Lindens. He stated Mr. Reidhead is the only person to ever complain about noise at the establishment. He stated he polled other residents of the neighborhood and received no complaints about noise. Mr. Short spoke of measures he has taken to reduce the noise that escapes from Lindens when the door is opened to allow entrance to or exit from the establishment. The Authority thanked Mr. Short for offering his perspective of the problem and determined that no action by the Authority was warranted at this time. Proposed Amendment to Bylaws Secretary Rita Knoll proposed an amendment to the Authority's bylaws which would change the meeting schedule of the Authority from every four weeks to a monthly meeting. After discussion, the Authority requested that the fourth Wednesday of each month be investigated as a possible meeting date. Secretary Rita Knoll indicated she could bring that option back at the October meeting. • September 12, 1990 Authority member Mael made a motion, seconded by Authority member Guerrie, to table consideration of an amendment to the bylaws to the October 10 meeting. Yeas: Crowfoot, Guerrie, Mael, Poncelow, and Wawro. Nays: None. THE MOTION CARRIED. Adiournment Authority member Mael made a motion, seconded by Authority member Wawro, to adjourn. Yeas: Crowfoot, Guerrie, Mael, Poncelow, and Wawro. Nays: None. THE MOTION CARRIED. The meeting was adjourned at approximately 8: .m. , d Chai eL-- rson A, Secretary