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HomeMy WebLinkAboutLiquor Licensing Authority - Minutes - 10/22/1997Council Liaison: Will Smith II Staff Liaison: Aimee Jensen Chairperson: Frank Oldham Phone: 303-271-6800 (w) 970-226-5292 (h) A regular meeting of the Liquor Licensing Authority was held on Wednesday, October 22, 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 Greg Tempel, City Attorneys 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. 2. 3. Authority member Davis made a motion, seconded by Authority member Haggerty, to adopt and approve the items on the Consent Calendar. Yeas: Cooper, Davis, Haggerty, Oldham, Schmitz, and Wawro. Nays: None. THE MOTION CARRIED. • • October 22, 1997 Registration of David Aaron Closson as Manager of Pelican Pete's Fish Market & Oyster Bar, 3512 South Mason Street, Approved David Closson, manager, stated his application is complete. He stated he has the liquor code on premise and that he will be responsible for training employees. Mr. Closson noted Pelican Pete's Fish Market & Oyster passed a recent compliance check and that there have been no liquor violations at Pelican Pete's Fish Market & Oyster Bar. Authority member Haggerty made a motion, seconded by Authority member Davis, to approve David Aaron Closson as manager of Pelican Pete's Fish Market & Oyster Bar, 3512 South Mason Street. Yeas: Cooper, Davis, Haggerty, Oldham, Schmitz, and Wawro. Nays: None. THE MOTION CARRIED. Consideration of an Application from the Colorado State University Department of Music, Theatre, & Dance for a Special Events Permit at 220 Johnson Hall, Application Withdrawn Deputy City Clerk Aimee Jensen stated the Applicants have withdrawn this application. Registration of Teresa Idell Jay as Teresa Jay, manager, stated she has experience with liquor sales and that she is familiar with the liquor code. She briefly discussed Seven -Eleven's training program. She stated she has not had a liquor violation and that she will be supervising approximately 9 employees. Ms. Jay stated her application is complete. Authority member Cooper made a motion, seconded by Authority member Schmitz, to approve Teresa Idell Jay as manager of Seven -Eleven #26933, 970 West Horsetooth Road. Yeas: Cooper, Davis, Haggerty, Oldham, Schmitz, and Wawro. Nays: None. Ir. t/• •\ .ICI 9 Registration of Zachary Fonseca as Manager of Clubhouse Pizza, 2567 South Shields Street, Application Withdrawn Deputy City Clerk Aimee Jensen stated the Applicants have withdrawn this application. • October 22, 1997 Transfer of Ownership of Carrabba's Italian Grill, 1212 Oakridge, Ap rp owed Rex Boatright, President of Restaurant Management Group, Inc., pan -owner, detailed the transfer of ownership. He stated he will closely supervise each restaurant. Mr. Boatright stated there have been no liquor violations. In response to questions from the Authority, David Treadwell, attorney representing Restaurant Management Group, Inc., described the ownership of Carrabba's/Colorado Limited Partnership. He noted the joint venture, the previous licensee, will cease to exist. Assistant City Attorney Greg Tempel stated the partnership agreement is with the previous manager and that to complete the file, the City Clerk's office will need a new partnership agreement with the current manager, James Preston. Authority member Haggerty made a motion, seconded by Authority member Davis, to approve the transfer of ownership of Carrabba's Italian Grill, 1212 Oakridge, from Carrabba s Colorado Joint Venture to Carrabba's/Colorado Limited Partnership. 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 at MacKenzie's Pub and Grill, 5750 South Lemay, Tabled to December 3, 1997 Jerry Brown, Golf Manager, Dan Bruntz and Derek Cordova, concessionaires, were sworn. Mr. Brown detailed the history of SouthRidge Golf Course and MacKenzie's Pub and Grill, 5750 South Lemay. He stated Council adopted Ordinance No. 78, 1997 on June 3, 1997, allowing an optional premise with a hotel -restaurant liquor license for outdoor sports and recreational facilities. Mr. Brown stated this is a request to change the class of license from a tavern liquor license to a hotel -restaurant liquor license with optional premise. He noted that bidding will open November 19, 1997 with a possibly new concessionaire by December 1, 1997. Mr. Bruntz described the petitioning process. Mr. Cordova stated he was cited for a storage violation by the State in 1990. Assistant City Attorney Tempel stated the licensee does not have proof of possession, as their concession agreement expires December 31, 1997. Authority member Cooper made a motion, seconded by Authority member Davis to table this application until the December 3, 1997 Liquor Licensing Authority meeting. Yeas: Cooper, Davis, Haggerty, Oldham, Schmitz, and Wawro. Nays: None. THE MOTION CARRIED. • • October 22, 1997 Hearing on a New Application for a Hotel -Restaurant Liquor License at Trunks Bar and Grill, 450 North Linden, Ap roved Patty Smith and Amber Ziegler, applicants, were sworn. Assistant City Attorney Tempel stated Applicant's Exhibit A, identified as petitions, is admissible into evidence. Ms. Smith stated she will be an active managing partner. She stated there will be no additional investors in Ziegler Companies, Inc., other that herself and Ms. Ziegler. Ms. Ziegler stated she will be the manager on site. She stated she is familiar with the liquor code and described the training program for employees. Ms. Ziegler described the petitioning process and indicated the petitions represent 213 (99.1%) signatures in favor and 2 (.9%) signatures in opposition. In response to a question from the Authority, Rick Boge, attorney representing the applicant, stated they are working with Planning and Zoning to resolve zoning issues. Authority member Haggerty made a motion, seconded by Authority member Davis, to adopt Resolution 97-14 approving the application of Ziegler Companies, Inc., for a hotel -restaurant liquor license at Trunks Bar and Grill, 450 North Linden, provided they comply with zoning regulations. 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 Payless Drug Store (#6172) 1103 West Prospect Ap4roved PORN Registration of Darrell G. Hill as Manager of Payless Drug Store #6172) 1103 West Prospect Ap rn oved Jon Stonbraker, attorney representing the applicant, stated he has two witnesses to testify. Assistant City Attorney Greg Tempel 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 337 (72%) signatures in favor and 69 (28%) signatures in opposition. Mr. Scott stated this an exceptionally good result for this type of license. Brad Excrum, district manager, was sworn. Mr. Excrum stated he has been district manager for two years and has been with Thrifty Payless, Inc., for 24 years. He described the store operations and training procedures. He stated if an employee sells to a minor they are terminated immediately. 4 • October 22, 1997 Authority member Davis made a motion, seconded by Authority member Wawro, to adopt Resolution 97-15, approving the application of Thrifty Payless, Inc., dba Payless Drug Store (#6172), for a 3.2% Beer License at 1103 West Prospect. Yeas: Cooper, Davis, Haggerty, Oldham, Schmitz, and Wawro. Nays: None. THE MOTION CARRIED. Darrell G. Hill, manager, was sworn. He stated there are no additions to his application and that approximately fifteen people are moving from the previous store to this store. Authority member Cooper suggested Mr. Hill obtain a code book. Authority member Davis made a motion, seconded by Authority member Wawro, to approve Darrell G. Hill as manager of Payless Drug Store (#6172), 1103 West Prospect. Yeas: Cooper, Davis, Haggerty, Oldham, Schmitz, and Wawro. Nays: None. THE MOTION CARRIED. Police Report Special Enforcement Officer Rothschild briefed the Authority on alleged violations at the Star Light, 167 North College. He requested the Authority schedule a show cause hearing for December 3, 1997. Authority member Haggerty made a motion, seconded by Authority member Davis, to find that probable cause exists to schedule a show cause hearing on December 3, 1997 for the Star Light, 167 North College, for alleged violation of Section 12-47-901(5) (b) (I), Colorado Revised Statutes and to instruct Deputy City Clerk Jensen to issue necessary subpoenas. Yeas: Cooper, Davis, Haggerty, Oldham, Schmitz, and Wawro. Nays: None. THE MOTION CARRIED. Adjournment Authority member Davis made a motion, seconded by Authority member Haggerty, to adjourn the meeting. Yeas: Cooper, Davis, Haggerty, Oldham, Schmitz, and Wawro. Nays: None. THE MOTION CARRIED. The meeting adjourned at 8:30 p.m.