Loading...
HomeMy WebLinkAboutLiquor Licensing Authority - Minutes - 06/22/1983LIQUOR LICENSING AUTHORITY Regular Meeting - June 22, 1983 7:30 P.M. A regular meeting of the Liquor Licensing Authority was held on Wednesday, June 22, 1983, in the Council Chambers of the City of Fort Collins Muni- cipal Building. Roll call was answered by the following members: Acott, Long, Sheahan, Veazie and Wilson. Authority Members Absent: Bujack and Monaghan. Staff Members Present: Debbie Caster, City Clerk's Office Ken Frazier, City Attorney's Office Frank Russell, Police Department Minutes of the Regular Meeting of May 25, 1983, Approved as Published Authority member Veazie made a motion, seconded by Authority member Shea- han, to approve the minutes of the regular meeting of May 25, 1983, as published. The Chairperson put the motion with the following votes: Yeas: Sheahan, Veazie and Wilson. Nays: None. Abstain: Acott, Long. Show/Cause Hearing for Bananas, 3500 South College Avenue Assistant City Attorney Ken Frazier stated that Bananas is willing to stipulate to certain facts contained in'the Police Report. Mr. Dana Strout, attorney representing Banana's, stated that his clients are willing to admit to the management's involvement in the alleged vio- lation but not to the number of occasions in which the violation occurred. Assistant City Attorney Ken Frazier gave a brief summary of the Police Report. He stated the report states that the kitchen manager (speci- fically, Mr. Dave Wroton) allegedly served spiritous, vinous and malt beverages to kitchen employees (specifically, Ron McLachlan) under the age of 21 during the months of November 1982 and April, 1983. Mr. Strout agreed to stipulate to the facts with the exception that the employee giving away the drinks was not the kitchen manager. -2- June 22, 1983 Authority member Long made a motion, seconded by Authority member Veazie, to determine that a violation did occur at Banana's, 3500 South College Avenue. Yeas: Acott, Long, Sheahan, Veazie and Wilson. Nays: None. Assistant City Attorney Ken Frazier stated that the Police Department is recommending a three=day suspension due to management's involvement in the violation. Mr. Strout stated that it has been alleged that the employee giving away the drinks (Mr. Dave Wroton) was employed as the kitchen manager. He stated that Mr. Wroton's position was not a management position but simply one that put him in charge of kitchen clean-up and hiring dishwashers. Mr. Wroton was Mr. McLachlan's supervisor. He noted that upper management was never aware of the fact that Mr. Wroton was providing drinks to employees. It was noted that Mr. Wroton is no longer employed by Bananas. Mr. Strout stressed the fact that management has taken the violation very seriously and has had several meetings with their employees to ensure that such action does not occur again. Mr. Strout stated that the establishment was one of two restaurants that did not receive a violation in the June 2 "sting operation". He also noted that Bananas has had no prior violations. Mr. Strout then stated that a one -day suspension, if any, would be more appropriate. Mr. Kevin Becker, general manager of Bananas, was sworn and stated he is responsible for overseeing all employees activities. He stressed the fact that providing drinks to a minor is not a normal practice and that he was not aware of the activity. Mr. Becker explained that since the violation they have held meetings with the bar and kitchen personnel to review the liquor laws and make it known that the violation in question is not to happen again. He went on to explain that the night kitchen supervisor is responsible for seeing that the kitchen is properly cleaned and shutdown. He stated the assistant manager is responsible for checking the kitchen prior to closing the restaurant and going home. Mr. Bruce Westhusin, operations manager, was sworn and stated that some type of management personnel is always on the premises. He stated Mr. Wroton's title is night supervisor, not kitchen manager. He spoke of Mr. Wroton's job responsibilities. Mr. Westhusin stated the general manager employed by Bananas during November, 1982 through April, 1983 no longer works in the Fort Collins restaurant. He stated it is not their policy to provide drinks to employees. Mr. Westhusin stated that the severity of the violation has been made known to the employees and feels confident that it will not happen again. Mr. Wayne Dozier, general partner and owner of Bananas, was sworn and explained the duties of the night supervisor. He stated the employee who 0 -3- June 22, 1983 was providing the drinks has been fired. He stated it is his policy to fire any employee who violates the liquor laws. Mr. Dozier pointed out that no other violations have occurred within the seven years Bananas has been operating. Mr. Strout stated that he feels a three-day suspension is too severe for a first time violation. Authority member Sheahan stated he feels three days is not severe enough for a violation which involves serving liquor to minors. Authority member Long stated he feels three -days is too severe in this case. Authority member Wilson congratulated the management on their past record. She stated she feels a three-day suspension would be too harsh in this situation. Authority member Long made a motion, seconded by Authority member Veazie, for a one -day suspension to be served on a business day at the convenience of the owner within the next 30 days and that the premises be posted. Yeas: Acott, Long, Sheahan, Veazie and Wilson. Nays: None. Renewal Application for Chesterfield, Bottomsley and Potts 1415 West Elizabeth Authority member Long made a motion, seconded by Authority member Veazie, to approve the renewal for Chesterfield, Bottomsley and Potts, 1415 West Elizabeth. The Chairperson put the motion with the following votes: Yeas: Acott, Long, Sheahan, Veazie and Wilson. Nays: None. Renewal Application for Rooster Cogburns, 117 Linden Authority member Long made a motion, seconded by Authority member Veazie, to approve the renewal for Rooster Cogburns, 117 Linden. The Chairperson put the motion with the following votes: Yeas: Acott, Long, Sheahan, Veazie and Wilson. Nays: None. -4- June 22, 1983 New Application Accepted for a Beer and Wine License for Fat Boys Bar-B-Q, 4010 South College Avenue Authority member Long made a motion, seconded by Authority member Veazie, to accept the new application and set the preliminary hearing for July 20, 1983, and the final hearing for August 17, 1983. The Chairperson put the motion with the following votes: Yeas: Acott, Long, Sheahan, Veazie and Wilson. Nays: None. Change in Trade Name for Country Inn, 115 East Harmony Road Mr. Richard Fitzgerald, owner, stated the complex now has one large sign identifying all tenants of the center. The center will be called Harmony Center. Therefore, Mr. Fitzgerald stated he is requesting his name be changed to Harmony Inn so that people will identify his business with the center. Authority member Long made a motion, seconded by Authority member Veazie, to approve the change of trade name from Country Inn to Harmony Inn. Yeas: Acott, Long, Sheahan, Veazie and Wilson. Nays: None. Special Events License (3.2%) for Fort Collins Area Chamber of Commerce. July 17. 1983 Mr. Dave Dunn, representative for the Fort Collins Chamber of Commerce and the Leadership Alumni Association, presented copies of a proposed site plan to the Authority. He explained that the event will be held in the Oak Street Plaza on July 17, 1983. He stated the event is being held due to the Coors Classic Bike Race coming through Fort Collins. He explained that the race starts in Cheyenne, Wyoming and ends in Denver, Colorado. Mr. Dunn explained that the plaza will be enclosed with one entrance and two exits. Members of the Alumni Association and the Chamber will be working the gates to screen people coming into the area to ensure that they are of age. In addition, members will be circulating throughout the crowd to ensure no one leaves the area with a beer. He went on to explain that each person's ID will be checked at the time a beer is purchased. Both food and beer stands will be available. Authority member Long made a motion, seconded by Authority member Acott, to approve the special events license for the Fort Collins Area Chamber of Commerce on July 17, 1983 from 11 a.m. to 7 p.m. Yeas: Acott, Long, Sheahan, Veazie and Wilson. Nays: None. -5- Special Events License (3.2%) for Holy Family Church, July 7 and 8, 1983 June 22, 1983 Mr. Frank Perez, representative for Holy Family Church, stated the fiesta will be held July 7 and 8 in the basement of the church. He stated on July 7 there will be a banquet dinner at which approximately 230 people are expected. On July 8 there will be a dance at the church. Mr. Perez stated members of the church will be on hand to control the crowd and see that beer is served according to the laws. He noted that members will be trained on how to check for ID's. Mr. Perez noted that the event will run July 9 and 10 at City Park but that no special events permit is being requested for those days. Mr. Perez stated that the church holds a fiesta every year and noted that no problems have ever occurred in the past. Authority member Long made a motion, seconded by Authority member Sheahan, to approve the special events license for Holy Family Church on July 7, 1983, from 7 p.m. to 10 p.m. and on July 8, 1983, from 8 p.m. to 12 mid- night. Yeas: Acott, Long, Sheahan, Veazie and Wilson. Nays: None. Expansion of Premises for L'Alouette, 334 East Mulberry Mr. Sam Smyrl and his wife, Josette Smyrl, (owners) were present to request an expansion of premises. Mrs. Smyrl explained that they are proposing to place two umbrella tables on the small porch area in front of their res- taurant. This would increase the current seating capacity of 46 by approximately 8 seats. She pointed out that the restaurant is not highly visible from Mulberry Street and noted that the umbrellas will add some visibility. Authority member Long made a motion, seconded by Authority member Veazie, to determine that the expansion is not substantial. Yeas: Acott, Long, Sheahan, Veazie and Wilson. Nays: None. Authority member Long made a motion, seconded by Authority member Veazie, to approve the expansion of premises for L'Alouette, 334 East Mulberry. Yeas: Acott, Long, Sheahan, Veazie and Wilson. Nays: None. Expansion of Premises for The Wine Cellar, 3400 South College Avenue Mr. John Dowd, owner, stated they have installed a 532 square foot patio area which holds eight tables. He stated it will increase the current -6- June 22, 1983 seating capacity of 132 by 34 seats. Mr. Dowd explained that the patio is enclosed by a 40" high wall fence. The entrance to the patio is from the dining room. He stated the patio is located on the north side of the building. Mr. Dowd also stated that management personnel are always on the premises. In addition, he stated that he feels confident that his staff will have adequate control over the patio area. It was noted that bushes along the fence wall will fully mature to approximately 6 feet. Authority member Veazie made a motion, seconded by Authority member Acott, to determine that the expansion is not substantial. Yeas: Acott, Long, Sheahan, Veazie and Wilson. Nays: None. Authority member Veazie made a motion, seconded by Authority member Acott, to approve the expansion of premises for the Wine Cellar, 3400 South College Avenue. Yeas: Acott, Long, Sheahan, Veazie and Wilson. Nays: None. Registration of Manager Bananas, 3500 South College Avenue Mr. Kevin Becker, general manager, spoke briefly of his background. He stated he has had experience managing restaurants which have held liquor licenses. Mr. Becker stated there will be no operational changes within the restaurant. He stated he is aware of the Colorado Liquor laws. Authority member Long made a motion, seconded by Autdrity member Veazie, to approve the registration of manager for Kevin Becker at Bananas, 3500 South College Avenue. Yeas: Acott, Long, Sheahan, Veazie and Wilson. Nays: None. Registration of Manager Armadillo, 354 Walnut Mr. Richard Lucio, general manager, spoke of his background. At this time, Mr. Lucio stated he is not completely familiar with the Colorado Liquor laws. He stated, however, that when in doubt of the law he checks with his supervisors. Mr. Lucio explained that the Armadillo has recently started carding people at the door and stamping customers' hands. This way wait- resses know that customer's ID's have been checked. In addition, Mr. Lucio stated he will frequently check the doorman to ensure that he is checking all ID's. Authority member Long made a motion, seconded by Authority member Acott, to approve the registration of manager for Richard Lucio at the Armadillo, 354 Walnut. Yeas: Acott, Long, Sheahan, Veazie and Wilson. Nays: None. -7- Preliminary Hearing for a Beer and Wine License for DeVita's Italian Deli, 1005 West Stuart June 22, 1983 The boundaries as proposed by the Administration were as follows: North from the subject premises to Elizabeth extended to South Drive extended to University Avenue. West from the subject premises to Taft Hill Road. South from the subject premises to West Stuart and City limits. East from the subject premises to College Avenue. Ms. Susan DeVita, owner, stated the boundaries are acceptable. Authority member Long made a motion, seconded by Authority member Acott, to accept the boundaries as proposed for DeVita's Italian Deli, 1005 West Stuart. Yeas: Acott, Long, Sheahan, Veazie and Wilson. Nays: None. Preliminary Hearing for a Hotel -Restaurant License for Diorio's, 120 Hereford Way The boundaries as proposed by the Administration were as follows: North from the subject premises to West Drake Road. West from the subject premises to South Shields Street. South from the subject premises to City limits and Harmony Road. East from the subject premises to Lemay Avenue and City limits. Mr. Cliff Wagner of Roswell, New Mexico, stated the boundaries are accept- able. Authority member Veazie made a motion, seconded by Authority member Long, to accept the boundaries as proposed. Yeas: Acott, Long, Sheahan, Veazie and Wilson. Nays: None. Final Hearing for a Beer and Wine License for Cuisine! Cuisine!, 126-130 South Mason The Resolution outlining the results of the preliminary hearing was read by title only. -8- June 22, 1983 Authority member Long made a motion, seconded by Authority member Veazie, to adopt the Resolution as presented. Yeas: Acott, Long, Sheahan, Veazie and Wilson. Nays: None. Mr. Russell Phipps, 1119 West Mountain Avenue, was sworn and stated he is the owner of Cuisine, Cuisine. Mr. Phipps submitted applicant's Exhibits 1 and 2, which were identified as two packets of petitions signed by resi- dents of the neighborhood and customers of the restaurant. Applicant's Exhibit 3 was also submitted and identified as a menu. Mr. Phipps stated the petitions were circulated by members of his staff. Overall, he stated they received a very favorable response in support of the license. Mr. Phipps stated, however, that a few people declined to sign the petition due to religious reasons. Mr. Phipps stated his menu consists of gourmet food which is prepared daily. He stated the beer and wine license is being requested to comple- ment his menu. Mr. Phipps stressed the fact that he does not intend to run a bar. He added that he feels the type of food he serves is not available in Fort Collins. Mr. Phipps went on to say that he is on the premises at all times. He noted that he will employ a total of three employees. He stated he will purchase a Colorado Liquor Code to familiarize himself with the liquor laws. Officer Frank Russell stated Mr. Phipp's fingerprints were received back from the Colorado Bureau of Investigations and cleared. Authority member Veazie made a motion, seconded by Authority member Long, to approve the beer and wine license for Cuisine! Cuisine!, 126-130 South Mason. Yeas: Acott, Long, Sheahan, Veazie and Wilson. Nays: None. Final Resolution on a Beer and Wine License for Cuisine! Cuisine!. 126-130 South Mason The Resolution was read by title only. Authority member Long made a motion, seconded by Authority member Acott, to adopt the Resolution as presented. Yeas: Acott, Long, Sheahan, Veazie and Wilson. Nays: None. -9- June 22, 1983 Final Hearing for a Hotel -Restaurant License for China Palace Restaurant, 117-119 South College Avenue The Resolution outlining the results of the preliminary hearing was read by title only. Authority member Long made a motion, seconded by Authority member Acott, to adopt the Resolution as presented. Yeas: Acott, Long, Sheahan, Veazie and Wilson. Nays: None. Mr. David Mitchell, attorney representing the applicant, called his first witness, Amy Huang. Ms. Amy Huang, 1329 Stover Street, was sworn and stated she is the owner of the restaurant. Ms. Huang spoke of her personal and business background. She stated the restaurant has had a beer and wine license since 1977 and never received a violation. She went on to say that she has applied for the hotel -restaurant license to accommodate customer's requests. She added that she is familiar with the Colorado liquor laws. Ms. Huang presented petitions which were circulated by relatives and employees. She explained that the petitions were circulated in the neigh- borhood and in the restaurant. Ms. Huang stated a few people declined to sign the petition simply because they do not drink. Overall, Ms. Huang estimated that 95% of the neighborhood signed in favor of the license. It was noted that there is no other Chinese Restaurant in the neighborhood area. Ms. Huang stated the hours of operation are Monday through Sunday from 11:30 a.m. to 2:30 p.m. for lunch and from 4:30 p.m. to 10 p.m. for dinner. She noted that the restaurant will be open to approximately 10:30 p.m. Friday and Saturday night. She stated a new and larger bar table will be installed. She stated drinks are served with meals only. Officer Frank Russell stated the fingerprints cleared through Colorado Bureau of Investigations. Authority member Veazie made a motion, seconded by Authority member Shea- han, to approve the hotel -restaurant license for Amy H. Huang, dba China Palace Restaurant, 117-119 South College Avenue. Yeas: Acott, Long, Sheahan, Veazie and -Wilson. Nay: None. still June 22, 1983 Final Resolution on a Hotel -Restaurant License for China Palace Restaurant, 117-119 South College Avenue The Resolution was read by title only. Authority member Veazie made a motion, seconded by Authority member Long, to adopt the Resolution as presented. Yeas: Acott, Long, Sheahan, Veazie and Wilson. Nays: None. Police Report Officer Frank Russell reported that the paperwork has now been filed for the transfer of Kelly's Bar. Officer Russell stated that on June 2, 1983, the Fort Collins Police Department conducted routine spot compliance inspections. He informed the Authority that these checks will be conducted on a regular basis in the future. The following establishments received violations for serving to minors on the 2nd of June: 1) Ace Liquors, 200 East Mountain Avenue 2) Jefferson Street Station, 200 Jefferson 3) Rooster Cogburn's, 117 Linden 4) Bennigan's, 2203 South College Avenue 5) Quinn's, 3620 South Mason 6) Chi Chi's, 3500 South College Avenue Officer Russell requested that show/cause hearings be held for each estab- lishment. Authority member Long made a motion, seconded by Authority member Veazie, to determine that there is probable cause and scheduled a show/cause hearing for Ace Liquors to be held on July 20, 1983. Yeas: Acott, Long, Sheahan, Veazie and Wilson. Nays: None. Authority member Long made a motion, seconded by Authority member Veazie, to determine that there is probable cause and scheduled a show/cause hearing for Jefferson Street Station to be held on July 20, 1983. Yeas: Acott, Long, Sheahan, Veazie and Wilson. Nays: None. Authority member Veazie made a motion, seconded by Authority member Long, to determine that there is probable cause and scheduled a show/cause hearing for Rooster Cogburn's to be held on July 20, 1983. Yeas: Acott, Long, Sheahan, Veazie and Wilson. Nays: None. Authority member Long made a motion, seconded by Authority to determine that there is probable cause and scheduled hearing for Bennigan's to be held on August 17, 1983. Yeas: Sheahan, Veazie and Wilson. Nays: None. June 22, 1983 member Acott, a show/cause Acott, Long, Authority member Acott made a motion, seconded by Authority member Sheahan, to determine that there is probable cause and scheduled a show/cause hearing for Quinn's to be held on August 17, 1983. Yeas: Acott, Long, Sheahan, Veazie and Wilson. Nays: None. Authority member Sheahan made a motion, seconded by Authority member Veazie, to determine that there is probable cause and scheduled a show/ cause hearing for Chi Chi's to be held on August 17, 1983. Yeas: Acott, Long, Sheahan, Veazie and Wilson. Nays: None. Adjournment Authority member Sheahan made a motion, seconded by Authority member Veazie, to adjourn. The Chairperson put the motion which was unanimously adopted. The meeting was adjourned at approx'mately 10:30 p.m. 2� Chairperson/ r,l.