HomeMy WebLinkAboutLiquor Licensing Authority - Minutes - 12/03/1997A regular meeting of the Liquor Licensing Authority was held on Wednesday, December 3,
1997, in the Council Chambers of the Fort Collins Municipal Building. The following
members were present: Cooper, Davis, Haggerty, Oldham, Schmitz, and Wawro.
Staff Members Present: Aimee Jensen, City Clerk's Office
Carrie Daggett, City Attorney's Office
Sandra Gibson, Police Department
Consent Calendar
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. Report of Change of Corporate Structure for Safeway Stores 46, Inc., dba Safeway
Store #1701, 460 South College -A, and Safeway Store No. 913, 2160 West Drake Road.
2. Report of Change of Corporate Structure for Linden Blues, Inc., dba Lindens, 214
Linden.
3. Request from GMRI, Inc., dba Olive Garden Italian Restaurant, 3905 South College
Avenue, to Change, Alter, or Modify the Licensed Premises.
Authority member Cooper made a motion, seconded by Authority member Davis, to adopt
and approve the Consent Calendar. Yeas: Cooper, Davis, Haggerty, Oldham, Schmitz, and
Wawro. Nays: None.
THE MOTION CARRIED.
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• December 3, 1997
Show Cause Hearing for the Star Light,
167 North College
Stipulation Agreement Approved
Special Prosecutor Caroline Blackwell, representing the Fort Collins Police Department,
stated the licensee, IVP, LLC, and the Police Department has worked out a stipulation
agreement. Ms. Blackwell outlined the main provisions of the agreement as follows: (1) the
Licensee agrees to a suspension of ten (10) days, of which three (3) will be actively served from
12:01 a.m., January 13, 1998 to midnight, January 15, 1998, with seven (7) days to be held in
abeyance for one (1) year; (2) the Licensee agrees that within ninety (90) days they will send all
of its employees to a liquor law education class; and (3) the Licensee agrees that within ninety
(90) days to purchase a Liquor and Beer Code and Regulations book and to maintain it on the
licensed premise at all times.
Special Enforcement Officer stated the Fort Collins Police Department agrees to this
stipulation agreement.
Authority member Cooper made a motion, seconded by Authority member Wawro, to adopt
the findings and order accepting the stipulation agreement as presented. Yeas: Cooper, Davis,
Haggerty, Oldham, Schmitz, and Wawro. Nays: None.
THE MOTION CARRIED.
Registration of Mary Moana Abney as
Manager of Seven -Eleven #20104
430 Remington, Application Withdrawn
Deputy City Clerk Jensen stated Ms. Abney withdrew her application.
Registration of Michael James Elder
as Manager of bw-3 Sports Cafe,
1240 West Elizabeth Street, Approved
Michael James Elder, manager, stated he has been in the restaurant business for 6 years and has
not had a liquor violation. He briefly discussed his employment history and described the
training employees will receive. Mr. Elder stated his application is complete.
Authority member Cooper made a motion, seconded by Authority member Davis, to
approve Michael James Elder as Manager of bw-3 Sports Caf6, 1240 West Elizabeth Street.
Yeas: Cooper, Davis, Haggerty, Oldham, Schmitz, and Wawro. Nays: None.
THE MOTION CARRIED.
• • December 3, 1997
Registration of Zachary Fonseca as
Manager of Clubhouse Pizza, 2567 South Shields Street,
Application Withdrawn
Deputy City Clerk Jensen stated the owners of Clubhouse Pizza withdrew this application.
Transfer of Ownership of Old School Pizza, from
Old School Pizza Company to Winner's Circle Pub and Grill, Inc.,
and Trade Name Change to Winner's Circle Pub and Grill,
829 South Shields, Approved
David Karst, president of Winner's Circle Pub and Grill, Inc., he stated they will have
approximately 10-12 employees and that they plan to contact Special Enforcement Officer
Rothschild for training. Mr. Karst noted he will be on premise 20-30 hours per week. He
detailed the diagram and stated he will submit a new diagram to the City Clerk's Office by
December 8, 1997.
Charles Bradley, vice-president and manager, stated he will be the on -site manager. In
response to questions from the Authority, Mr. Bradley stated he has satisfied all requirements
for his traffic violations.
Authority member Cooper made a motion, seconded by Authority member Davis, to
approve the transfer of ownership of Old School Pizza from Old School Pizza Company to
Winner's Circle Pub and Grill, Inc., 829 South Shields, and trade name change to Winner's
Circle Pub and Grill, provided the applicants provide a new diagram to the City Clerk's
Office by December 8, 1997. Yeas: Cooper, Davis, Haggerty, Oldham, Schmitz, and Wawro.
Nays: None.
THE MOTION CARRIED.
Transfer of Ownership of the Aggie Theatre
from B.P.M. Productions, Inc., to Aggie Partners, Ltd,
204 South College Avenue. Approved
Brad March, attorney representing the applicant, detailed the history of this liquor license.
He stated Cooper Stetson will remain as the manager and will train the employees. Mr.
March stated Mr. Stetson is the only owner of B.P.M. Productions, Inc. He stated Aggie
Partners, Ltd., is made up of two partners, B.P.M. Productions, Inc., and Fatt Tone, Inc.
In response to a question from the Authority, Mr. March stated Anthony Serafin is the sole
owner of Fatt Tone, Inc.
Authority member Cooper made a motion, seconded by Authority member Wawro, to
approve the transfer of ownership of the Aggie Theatre from B.P.M. Productions, Inc., to
Aggie Partners, Ltd, 204 South College Avenue. Yeas: Cooper, Davis, Haggerty, Oldham,
Schmitz, and Wawro. Nays: None.
THE MOTION CARRIED.
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• December 3, 1997
Transfer of Ownership of La Ristra Mexican Cuisine
from Perez Enterprises, Inc., to Dos Hermonas, Inc.,
and Trade Name Change to La Costa Mexican Restaurant,
2513 South Shields Street, Approved
and
Registration of Jesus Jose Gonzalez
as Manager of La Costa Mexican Restaurant,
2513 South Shields Street, Approved
Bob Weaver, representative for Dos Hermonas, Inc., stated they are currently operating under
a temporary permit. He stated the omissions on Ramon Gonzalez, owner, were not
intentional. Mr. Weaver stated all employees are legally documented.
Authority member Cooper made a motion, seconded by Authority member Davis, to
approve the transfer to ownership of La Ristra Mexican Cuisine (Perez Enterprises, Inc.), to
Dos Hermonas, Inc., (La Costa Mexican Restaurant), 2513 South Shields Street. Yeas:
Cooper, Davis, Haggerty, Oldham, Schmitz, and Wawro. Nays: None.
THE MOTION CARRIED.
Jesus Jose Gonzalez, manager, stated he will be responsible for training all the employees and
as had no liquor violations. He stated he has been in the restaurant business for 20 years.
Authority member Wawro made a motion, seconded by Authority Schmitz, to approve Jesus
Jose Gonzalez as Manager of La Costa Mexican Restaurant, 2513 South Shields. Yeas:
Cooper, Davis, Haggerty, Oldham, Schmitz, and Wawro. Nays: None.
THE MOTION CARRIED.
Hearing on a New Application for a
Hotel -Restaurant Liquor License with Optional Premise
Deputy City Clerk Jensen reminded that Jerry P. Brown, Golf Manager, and Dan Bruntz and
Derek Cordova, owners, are still under oath from the October 22, 1997 meeting.
Jerry Brown, Golf Manager, stated that Sandtrap, Inc., has a contract for one year with the
City of Fort Collins for the SouthRidge Golf Course with a renewable term of four years. He
briefly reviewed the history of this establishment. Mr. Brown noted that this is an application
to change the class of license from a tavern liquor license to a hotel -restaurant liquor license
with optional premise.
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• December 3, 1997
Authority member Cooper made a motion, seconded by Authority member Schmitz, to
adopt Resolution 97-16 approving the application of Sandtrap, Inc., dba MacKenzie's Pub and
Grill, 5750 South Lemay for a hotel -restaurant liquor license with optional premise. Yeas:
Cooper, Davis, Haggerty, Oldham, Schmitz, and Wawro. Nays: None.
THE MOTION CARRIED.
Hearing on a New Application for Hotel -Restaurant
Liquor License at La Luz Mexican Grill, 200 Walnut, Suite B, Approved
Peter Schultz, owner, was sworn. Mr. Schultz stated he has a tentative opening date of March
1, 1998 and that he will be on premise 60-70 hours per week. He stated he has had no liquor
violations.
Assistant City Attorney Daggett stated Applicant's Exhibit A, identified as petitions, is
admissible into evidence.
Mr. Schultz described the petitioning process and indicated the petitions represent 241
signatures in favor and no signatures in opposition. Mr. Schultz stated 14 people refused to
sign the petition.
Authority member Cooper made a motion, seconded by Authority member Davis, to adopt
Resolution 97-17 approving the application of La Luz Mexican Grill, Inc., for a hotel -
restaurant liquor license at La Luz Mexican Grill, 200 Walnut, Suite B, provided Mr. Schultz
provides a new diagram to the City Clerk's Office by December 5, 1997. Yeas: Cooper,
Davis, Haggerty, Oldham, Schmitz, and Wawro. Nays: None.
THE MOTION CARRIED.
Hearing on a New Application for a
Hotel -Restaurant Liquor License at
Las 3 Margaritas, 3400 South College Avenue, Approved
Erika Kaiser, attorney for the applicant, briefly reviewed the application.
Assistant City Attorney Daggett stated Applicant's Exhibit A, identified as petitions, is
admissible into evidence.
Max Scott, representative for Oedipus, Inc., was sworn. Mr. Scott described the petitioning
process and indicated the petitions represent 417 (96%) signatures in favor and 13 (40/6)
signatures in opposition.
Francisco Galvan, owner and manager, was sworn. He described the type of restaurant this
will be and stated the emphasis is on a family type atmosphere. Mr. Galvan detailed the
training program for employees. He stated he has been in this country approximately 10
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• December 3, 1997
years. Mr. Galvan detailed the ownership of the licensee Margaritas Enterprises, Inc. He
stated he has not had a liquor violation.
Authority member Wawro made a motion, seconded by Authority member Davis, to adopt
Resolution 97-19 approving the application of Margaritas Enterprises, Inc., for a hotel -
restaurant liquor license at Las 3 Margaritas, 3400 South College Avenue. Yeas: Cooper,
Davis, Haggerty, Oldham, Schmitz, and Wawro. Nays: None.
THE MOTION CARRIED.
Hearing on a New Application for a 3.2%
Beer License (Off Premise) at Safeway Store #1552,
1426 East Harmony Road. Approved
and
Registration of Sheila Carr as Manager
of Safeway Store #1552,
1426 East Harmony Road, Approved
Alan Dill, attorney representing the applicant, stated he has two witnesses to address the needs
and desires of the neighborhood.
Al Koppel, 1219 Ticonderoga Drive, was sworn and stated he has lived at this address for
approximately four years. He stated there is a need for another 3.2% off premise beer license.
Tim Dolan, 4212 New Hampton Court, was sworn and stated he has lived at this address for
nine years. He stated there is a need for an additional 3.2% off premise beer license in this
neighborhood.
Assistant City Attorney Carrie Daggett stated Applicant's Exhibit A, identified as petitions, is
admissible into evidence.
Max Scott, representative for Oedipus, Inc., was sworn. Mr. Scott described the petitioning
process and indicated the petitions represent 312 (88%) signatures in favor and 43 (120/0)
signatures in opposition.
Authority member Cooper made a motion, seconded by Authority member Wawro, to adopt
Resolution 97-18, approving the application of Safeway Stores 46, Inc., at Safeway Store #1552,
1426 East Harmony Road. Yeas: Cooper, Davis, Haggerty, Oldham, Schmitz, and Wawro.
Nays: None.
THE MOTION CARRIED.
Sheila Carr, manager, was sworn. She stated she has been worked for Safeway for 22 years
and has been a manager for 18 years. Ms. Carr described the licensed premise and stated 60%
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• • December 3, 1997
of the employees are already Safeway employees. She detailed the training program. Ms. Carr
stated when beer is scanned into the register that it requires a birthdate to continue to operate.
She stated the approximate opening date is December 20, 1997.
Authority member Cooper made a motion, seconded by Authority member Wawro, to
approve Sheila Carr as manager of Safeway Store #1552, 1426 East Harmony Road. Yeas:
Cooper, Davis, Haggerty, Oldham, Schmitz, and Wawro. Nays: None.
THE MOTION CARRIED.
Police Repo
Special Enforcement Officer Rothschild stated he completed 94 compliance checks this year
with a failure rate of 10%. He stated they will continue the Cops in Shops, on a voluntary
basis, and compliance checks in 1998.
Chairperson Oldham thanked Officer Rothschild for his work.
Adjournment
Authority member Davis made a motion, seconded by Authority member Schmitz, to
adjourn. Yeas: Cooper, Davis, Haggerty, Oldham, Schmitz, and Wawro. Nays: None.
THE MOTION CARRIED.
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