HomeMy WebLinkAboutLiquor Licensing Authority - Minutes - 06/25/1997A regular meeting of the Liquor Licensing Authority was held on Wednesday, June 25, 1997, in
the Council Chambers of the Fort Collins Municipal Building. The following members were
present: Crowfoot, Davis, Haggerty, Oldham, and Wawro. Authority members absent:
Schroeer.
Staff Members Present: Aimee Jensen, City Clerk's Office
Greg Tempel, City Attorney's Office
Show Cause Hearing for Tangz, 1220 West Elizabeth
Stipulation Agreement Approved
Special Prosecutor Caroline Blackwell, representing the Fort Collins Police Department, stated
the licensee, MCP, Inc., 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 forty-five (45) days, of which fifteen (15) will be actively served from 2:00 a.m.
June 30, 1997, to 2:00 a.m., July 15, 1997. The remaining thirty (30) days will be held in
abeyance for one year provided there are no further violations during that period; (2) The
Licensee agrees that no "18 and over" nights or other special events that substantially increase the
risk of code violations will be conducted upon the licensed premises; (3) The Licensee agrees that
within ninety (90) days of the date of approval of this Stipulation by the Authority, that the
Licensee will send all of its wait staff personnel, and all personnel employed to monitor the
licensed premises, to a liquor law education class conducted monthly by Police Services or to
some other similar class approved by Police Services.
In response to a question from the Authority, Zach Wilson, attorney representing MCP, Inc.,
stated the Licensee is not planning to re -institute "18 and over" nights. Mr. Wilson also stated his
client is comfortable with the provisions in the stipulation agreement.
Authority member Wawro made a motion, seconded by Authority member Davis, to adopt the
findings and order accepting the stipulation agreement as presented. Yeas: Crowfoot, Davis,
Haggerty, Oldham, and Wawro. Nays: None.
THE MOTION CARRIED.
June 25, 1997
Registration of Barbara Sue Whaley as Manager of Convenience Plus #33
1032 West Mountain Continued to July 23. 1997
This agenda item was continued to the July 23, 1997 meeting.
Registration of Stephen Wayne Fowler as Manager of Bennigan's
2203 South College Avenue, Approved
Authority member Davis withdrew from discussion and vote on this item, because he is
acquainted with Mr. Fowler and his son is employed by Bennigans Corporation.
Stephen Fowler, manager, stated he has been a manager at this Bennigan's for nine years and
only recently was promoted to the general manager position.
Authority member Wawro made a motion, seconded by Authority member Crowfoot, to
approve Stephen Wayne Fowler as manager of Bennigan's, 2203 South College Avenue. Yeas:
Crowfoot, Haggerty, Oldham, and Wawro. Nays: None. Abstain: Davis.
THE MOTION CARRIED.
Registration of Irene R. Johnson as Manager of Applebee's Neighborhood Grill & Bar,
4306 South College Avenue, Approved
Irene Johnson, manager, stated she is the general manager of this establishment and that she has
had no liquor violations as a server or manager.
Authority member Oldham made a motion, seconded by Authority member Davis, to approve
Irene R. Johnson as manager of Applebee's Neighborhood Grill & Bar, 4306 South College
Avenue. Yeas: Crowfoot, Davis, Haggerty, Oldham, and Wawro. Nays: None.
THE MOTION CARRIED.
Registration of Stephen B. Ayles as Manager of Johnny Carino's Italian Kitchen, 4235
South College and request from SIK Acquisition Corporation, dba Johnny Carino's Italian
Kitchen, to Change, Alter. or Modify the Licensed Premises, Apgroved
Stephen Ayles, manager, briefly reviewed his employment history with SIK Acquisition
Corporation. Mr. Ayles stated SIK Acquisition Corporation has a training program for
employees and that he has had no liquor violations.
Authority member Wawro made a motion, seconded by Authority member Davis, to approve
Stephen B. Ayles as manager of Johnny Carino's Italian Kitchen, 4235 South College. Yeas:
Crowfoot, Davis, Haggerty, Oldham, and Wawro. Nays: None.
THE MOTION CARRIED.
• • June 25, 1997
Mr. Ayles stated the modification consists of adding a patio to the northeast corner of the
establishment. Mr. Ayles stated there will be four servers on the patio at all times and that access
to the patio will be only through the restaurant.
Authority member Davis made a motion, seconded by Authority member Crowfoot, to approve
the modification of premises for Johnny Carino's Italian Kitchen, 4235 South College. Yeas:
Crowfoot, Davis, Haggerty, Oldham, and Wawro. Nays: None.
THE MOTION CARRIED.
Transfer of Ownership of Tammy's Karaoke
1609 South College, Approved
Kevin Archer, President of Kevin's Pub, Inc., described the changes he will be making to the
establishment. Mr. Archer stated he will be creating a pub type atmosphere. Mr. Archer stated
he would continue to manage at 7-11, 2800 South College, during the day and work at Kevin's
Pub in the evenings. Mr. Archer noted there were no liquor violations at Match -Ups under his
management. Mr. Archer stated all his employees will be TIPS trained.
Authority member Wawro made a motion, seconded by Authority member Crowfoot, to
approve the transfer of ownership of Tammy's Karaoke, 1609 South College, from Michael A.
Johnson and Tammy T. Pham to Kevin's Pub, Inc. Yeas: Crowfoot, Davis, Haggerty, Oldham,
and Wawro. Nays: None.
THE MOTION CARRIED.
Hearing on a Change of Class of License for La Ristra Mexican Cuisine, 2513 South Shields
Mr. Jess Perez, co-owner of Perez Enterprises, Inc., stated this is an application to change the
class of license from a beer and wine to a hotel -restaurant liquor license to allow the service of
margaritas at La Ristra Mexican Cuisine.
In response to Authority member Haggerty's question, Deputy City Clerk Aimee Jensen stated a
certificate of good standing dated within the last two years is needed to make the application
complete. Assistant City Attorney Greg Tempel stated the Authority could approve this license
on the condition that a certificate of good standing be submitted prior to the license being issued.
Marilyn Perez, co-owner of Perez Enterprises, Inc., was sworn. Ms. Perez stated they do not
intend to add a full bar at this time, but may possibly do so in the future. She stated she
personally circulated the petitions and indicated she received many favorable comments. She
stated she has had no liquor violations since she obtained the beer and wine license.
Assistant City Attorney Greg Tempel stated Applicant's Exhibit A, identified as petitions, are
admissible into evidence.
• • June 25, 1997
Authority member Davis made a motion, seconded by Authority member Crowfoot, to adopt
Resolution 97-07 approving the application of Perez Enterprises, Inc. for a Hotel -Restaurant
liquor at La Ristra Mexican Cuisine, 2513 South Shields on the condition that a certificate of
good standing be submitted to the Clerk's office. Yeas: Crowfoot, Davis, Haggerty, Oldham,
and Wawro. Nays: None.
THE MOTION CARRIED.
Hearing on a New Application for a Hotel -Restaurant License at Consuelo's Mexican
Restaurant, 1228 West Elizabeth. C-11. Approved
Salvador and Consuelo Trujillo were sworn. Ms. Trujillo stated they are losing customers since
they do not have a liquor license. She stated they have started training all the staff employed by
Consuelo's Mexican Restaurant. Ms. Trujillo described the petitioning process. She noted 379
signatures were in favor, and 1 signature in opposition. She stated they will not employ anyone
under 21. Mr. and Mrs. Trujillo stated they have read the entire Liquor Code book.
Assistant City Attorney Greg Tempel stated Applicant's Exhibit A, identified as petitions, are
admissible into evidence.
Authority member Oldham made a motion, seconded by Authority member Crowfoot, to
adopt Resolution 97-08 approving the application of Salvador and Consuelo Trujillo at
Consuelo's Mexican Restaurant, 1228 West Elizabeth C-11, for a hotel -restaurant license. Yeas:
Crowfoot, Davis, Haggerty, Oldham, and Wawro. Nays: None.
THE MOTION CARRIED.
Request from Italian Classics, Inc. dba New York Cafe, 135 West Oak, to Change, Alter, or
Modify the Licensed Premises, Approved
James Whelen, President of Italian Classics, Inc., stated the modification consists of adding a
patio area to the front of the restaurant. He described how the patio area will be controlled. Mr.
Whelan stated the City has allowed the encroachment.
Authority member Crowfoot made a motion, seconded by Authority member Wawro, to
approve the modification of premises for New York Cafe, 135 West Oak. Yeas: Crowfoot,
Davis, Haggerty, Oldham, and Wawro. Nays: None.
THE MOTION CARRIED.
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• • June 25, 1997
Police Report
Harmony Discount Liquor
Officer Rothschild briefed the Authority on alleged violations at Harmony Discount Liquor, 115
East Harmony Road, #100, on May 27, 1997, June 4, 1997, and June 6, 1997. He requested the
Authority schedule a show cause hearing for August 27, 1997.
Authority member Crowfoot made a motion, seconded by Authority member Wawro, to find
that probable cause exists to schedule a show cause hearing on August 27, 1997 for Harmony
Discount Liquor, 115 East Harmony Road, #100, for alleged violations of Section 12-47-128(1)(a)
and (5)(a). Yeas: Crowfoot, Davis, Haggerty, Oldham, and Wawro. Nays: None.
THE MOTION CARRIED.
Old Town Liquors
Officer Rothschild briefed the Authority on an alleged violation at Old Town Liquors, 238 East
Mountain, on June 19, 1997. He requested the Authority schedule a show cause hearing for
August 27, 1997.
Authority member Davis made a motion, seconded by Authority member Oldham, to find that
probable cause exists to schedule a show cause hearing on August 27, 1997 for Old Town
Liquors, 238 East Mountain, for an alleged violation of Section 12-47-128(5)(a)(I). Yeas:
Crowfoot, Davis, Haggerty, Oldham, and Wawro. Nays: None.
THE MOTION CARRIED.
Officer Rothschild stated two liquor licensed establishments failed a recent compliance check.
He stated the Police Department will pursue stipulation agreements before the Authority sets
dates for show cause hearings. The Authority agreed to this course of action. Officer Rothschild
stated he will present any stipulation agreements to the Authority at the next meeting.
Other Business
Deputy City Clerk Aimee Jensen and Assistant City Attorney Greg Tempel reviewed changes
that the proposed ordinance would make to City Code. They advised the Authority that the
Code amendments are necessary to conform City Code to the newly recodified State beer and
liquor codes. The Authority expressed concern with allowing retail liquor stores and liquor
licensed drugstores within 500 feet of Colorado State University.
Authority member Oldham made a motion, seconded by Authority member Davis, to amend
the proposed ordinance, allowing any type of liquor license except retail liquor stores and liquor
licensed drugstores to be within 500 feet of Colorado State University. Yeas: Crowfoot, Davis,
Haggerty, Oldham, and Wawro. Nays: None.
THE MOTION CARRIED.
' • • June 25, 1997
Assistant City Attorney Greg Tempel reviewed other changes proposed by the ordinance
presented by staff.
Authority member Wawro made a motion, seconded by Authority member Crowfoot, to
recommend City Council adopt the ordinance as amended. Yeas: Crowfoot, Davis, Haggerty,
Oldham, and Wawro. Nays: None.
THE MOTION CARRIED.
Adjournment
Authority member Crowfoot made a motion, seconded by Authority member Davis, to
adjourn. Yeas: Crowfoot, Davis, Haggerty, Oldham, and Wawro. Nays: None.
The meeting was adjourned at 7:40 p.m.
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