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HomeMy WebLinkAboutLiquor Licensing Authority - Minutes - 08/07/2000LIQUOR LICENSING AUTHORITY MINUTES Regular Meeting - August 7, 2000 1:00 P.M. Council Liaison: Ray Martinez Staff Liaison: Aimee Jensen A regular meeting of the Liquor Licensing Authority was held on Monday, August 7, 2000, in Municipal Court, 123 North College. Judge Kathleen M. Lane presiding. Staff in attendance: Greg Tempel, Assistant City Attorney Richard Johnson, Liquor Enforcement Officer Aimee Jensen, Deputy City Clerk Agenda Review Deputy City Clerk Jensen stated that there is a request to continue the Show Cause Hearing for The Matrixx and the Hearing on a Change in Class License Application from Buonamici Ventures, Inc., dba The Matrixx, 450 Linden Center Road from a Hotel -Restaurant Liquor License to a Tavern Liquor License. She noted that Judge Lane signed the Motion to Continue both hearings to August 30, 2000 at 11:00 a.m., 123 North College, Municipal Court. Judge Lane stated that the subpoenas already served on witnesses to testify at the Show Cause Heating are continued to August 30, 2000. No other changes were reported. Consent Agenda The Consent 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. Items on the Consent Calendar are (1) routine items; and (2) those of no perceived controversy. 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. 1. Approval of minutes from jury 10 2000 June 19 2000 May 15 2000 May 8 2000 May 1 2000. April 17, 2000. 2 Judge Lane adopted the Consent Agenda. August 7, 2000 Registration of Rick Thomas as Manager of Pitchers. 1100 West Drake Road Approved Rick Thomas, manager applicant, stated he has been in the restaurant business for many years. He stated he is TIPS trained and is aware of the responsibility in serving alcohol. Mr. Thomas stated he is directly involved with training all the staff. He noted that out of 25 employees, 13-14 serve alcohol, with 5 servers per shift. He noted that the policy is to card anyone under 30. Mr. Thomas stated he does not have the Liquor Code on premise. Judge Lane approved Rick Thomas as manager of Pitchers, 1100 West Drake Road. Request from La Parrilla, Inc., dba Parrilla Grill,185 North College, to Change, Alter. or Modify the Licensed Premises, Approved Assistant City Attorney Tempel stated the deficiencies on this application have been corrected. Mack Anderson, president of La Partilla, Inc., briefly described the proposed changes. He stated they have received numerous requests from their patrons to add the patio to the licensed premise. Mr. Anderson noted that Parrilla Grill does not have a bar and their liquor sales are approximately 15% of food sales. He stated that employees will only have access to the loft area and that it will be used as storage. Mr. Anderson stated that adding the patio will slightly increase the seating capacity. Zach Anderson, manager and vice-president of La Parrilla, Inc., stated they will stop liquor sales on the patio at 10:00 p.m. He described how they will monitor the patio area. Mr. Anderson stated they have lost customers since they are unable to serve alcohol on the patio. He noted increasing liquor sales is not their motivation for adding the patio to the licensed premise. Mr. Anderson submitted petitions, marked as Exhibit 1, to show support for this application. Assistant City Attorney Tempel stated Liquor Enforcement Officer Rich Johnson will be presenting a stipulation agreement at the end of this meeting for an alleged violation for Parrilla Grill. Judge Lane approved the application from La Parrilla, Inc., dba Parrilla Grill, 185 North College, to Change, Alter, or Modify the Licensed Premises. Request from Nimo's, Inc., dba Nimo's Sushi and Japanese Restaurant, 1220 West Elizabeth Street, to Change, Alter. or Modify the Licensed Premises Approved Hiroshi Nimota, applicant, briefly described the proposed changes. He stated he will be adding a storage area and expand his kitchen. Mr. Nimota stated only employees will have access to the storage area. He stated the proposed changes will slightly increase seating capacity. Judge Lane approved the application from Nimo's, Inc., dba Nimo's Sushi and Japanese Restaurant, 1220 West Elizabeth Street, to Change, Alter, or Modify the Licensed Premises, contingent upon approval from the Building Inspection Division. 2 August 7, 2000 Police Report Liquor Enforcement Officer Johnson stated the Fort Collins Police Department has worked out stipulation agreements with the licensees for the following establishments, regarding violations found during recent compliance checks. He asked the Judge to approve the stipulation agreements. Get It and Go Officer Johnson summarized the stipulation agreement and stated that the Licencee was present to answer questions. He stated that the Licensee agreed to a 5 day suspension (2 days actively served, and 3 days held in abeyance for 1 year). Officer Johnson stated the Licensee will require all his employees to receive training within 6 months. Paul Weidel, owner, stated the employee that violated the Liquor Code is no longer employed at Get It and Go. Judge Lane approved the findings and order accepting the stipulation agreement as presented for Get It and Go, 1005 West Stuart. City Park Liquor Officer Johnson summarized the stipulation agreement and stated that the Licensee was present to answer questions. He stated that the Licensee has agreed to a 5 day suspension (2 days actively served, and 3 days held in abeyance for 1 year). Officer Johnson stated the Licensee has agreed to train all his employees within 6 months. Mr. Schmidtberger, owner, stated the employee violating the Liquor Code has been disciplined, but not terminated. Judge Lane approved the findings and order accepting the stipulation agreement as presented for City Park Liquors, 2016 West LaPorte. Total #4106 Officer Johnson summarized the stipulation agreement and stated that the Licensee was present to answer questions. He stated that the Licensee has agreed to a 5 day suspension (2 days actively served, and 3 days held in abeyance for 1 year). Officer Johnson stated the Licensee has agreed to train all her employees within 6 months. Judge Lane approved the findings and order accepting the stipulation agreement as presented for Total #4106, 2025 South College. Diamond Shamrock #1100 Officer Johnson summarized the stipulation agreement and stated that the Licensee was present to answer questions. He stated that the Licensee has agreed to a 5 day suspension (2 days actively served, and 3 days held in abeyance for 1 year). Officer Johnson stated the Licensee has agreed to train all her August 7, 2000 employees within 6 months. Debra Frank, regional manager, stated the employee that violated the Liquor Code is no longer working for Diamond Shamrock. Judge Lane approved the findings and order accepting the stipulation agreement as presented for Diamond Shamrock #1100, 1501 West Elizabeth. Parrilla Grill Officer Johnson stated this incident is for a violation of Section 12-47-901(5)(b) (selling after hours). He stated the Licensee has agreed to a 12 day suspension [4 days served ($200 paid in lieu of serving 3 days), with 8 days held in abeyance for 1 year]. Zach Anderson, owner, stated the manager who violated the Liquor Code is still employed with La Partilla, Inc. Judge Lane approved the findings and order accepting the stipulation agreement as presented fox Parrilla Grill, 185 North College. Suite 152 Officer Johnson briefed the Judge on alleged violations at Suite 152, 23 Old Town Square. He requested the Judge schedule a show cause hearing for September 18, 2000. Judge Lane found probable cause exists to schedule a show cause hearing on August 7, 2000, for Suite 152, 23 Old Town Square, for alleged violations of Regulation 47-918, removal of alcohol beverages from the premises, and Regulation 47-302, changing, altering, or modifying the licensed premises. Judge Lane also instructed Deputy City Clerk Jensen to issue the necessary subpoenas. The meeting adjourned at 2:25 p.m. Adiourtiment 4 N' MLQ+ Municipal Judge