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HomeMy WebLinkAboutLiquor Licensing Authority - Minutes - 05/28/1997A regular meeting of the Liquor Licensing Authority was held on Wednesday, May 28, 1997, in the Council Chambers of the Fort Collins Municipal Building. The following members were present: Crowfoot, Davis, Oldham, Schroeer, and Wawro. Absent: Haggerty. Staff Members Present: Aimee Jensen, City Clerk's Office Greg Tempel, 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. Approval of the minutes from the February 26, 1997, and April 23, 1997 regular meetings. 2. 3. Report of Chafe of Corporate Structure for Dillon Companies. Inc., dba King Soopers on 2325 South College and 1015 South Taft Hill. Authority member Schroeer made a motion, seconded by Authority member Crowfoot, to adopt and approve the items on the Consent Calendar. Yeas: Davis, Crowfoot, Oldham, Schroeer, and Wawro. Nays: None. THE MOTION CARRIED. • • May 28, 1997 Show Cause Hearing for Tony's Restaurant and Lounge, 224 South College Avenue Stipulation Agreement Approved Special Prosecutor Caroline Blackwell, representing the Fort Collins Police Department, stated the licensee, and the Police Department have worked out a stipulation agreement. She stated the Authority found probable cause at the January 22, 1997. She outlined the allegations as follows: (1) That on or about December 21, 1996, at approximately 1:30 a.m., the licensee, its employee or agent, failed to conduct the licensed premises in a decent, orderly and respectable manner and permitted profanity, rowdiness, undue noise, or other disturbances or activity offensive to the senses of the average citizen, or to the residents of the neighborhood, in violation of Regulation 47-105. LA, of the Colorado Department of Revenue, Liquor Code. (2) That on or about December 21, 1996, at approximately 1:30 a.m., Jason Hyland Mather, an employee or agent of the licensee, engaged in and was permitted to engage in the acts of displaying his pubic, hair, anus, and genitals, in violation of Regulation 47-105.1.C.1.(c), of the Colorado Department of Revenue, Liquor Code. (3) That on or about December 21, 1996, at approximately 1:30 a.m., the licensee permitted Jason Hyland Mather to remain in or upon the licensed premises when he exposed to public view a portion of his genitals or anus, in violation of Regulation 47-105.1.C.3., of the Colorado Department of Revenue, Liquor Code. (4) That on or about December 21, 1996, at approximately 1:30 a.m., the licensee failed to maintain his establishment in a clean and sanitary condition and in full compliance with the requirements of restaurants under the supervision of the State Board of Health. Ms. Blackwell outlined the main provisions of the agreement as follows: (1) License to be actively suspended for twelve (12) days to be served as follows: (a) From 2:00 a.m., September 3, 1997 to 2:00 a.m., on September 15, 1997. 2 • May 28, 1997 During such active suspension, the Licensee shall post the notices described in Regulation 47-110.LF., upon the licensed premises. (b) Thirty-three (33) days of the suspension is to be held in abeyance for a period of one (1) year from the date of approval of this Stipulation by the Authority provided that during said one (1) year period there are no violations of the terms of this Stipulation by the Licensee and provided there are no further violations of the Colorado Liquor Code by the Licensee at the licensed premises. (2) The Licensee agrees that Jimmy Katopodis will no longer be general manager, but will remain employed by the Licensee. (3) Tony Katopodis will become the active, on -site general manager of the Licensee. (4) The Licensee agrees that within thirty (30) days of the date of approval of this Stipulation by the Authority, the Licensee will hire a part-time manager to assist Tony Katopodis. To be qualified for this position, the person must have extensive training and experience in operating and managing a successful licensee, preferably one in the Fort Collins area. (5) The Licensee agrees that the new management will immediately institute and actively enforce a "zero tolerance of code violations" policy. Any present employee of the Licensee who does not agree in writing to enforce the "zero tolerance" policy will be immediately terminated. All future employee(s) will be required to agree to enforce the policy. Any employee thereafter found to have knowingly violated the policy will be immediately terminated. (6) 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. In response to a question from the Authority, Jerome Roselle, attorney representing The Greek Connection, Inc., stated the Licensee will not need to come before the Authority for manager approval. He stated current staff have all received T.I.P.'s training and any new employee will also receive T.I.P.'s training. Authority member Schroeer made a motion, seconded by Authority member Davis, to adopt the findings and order accepting the stipulation agreement as presented. Yeas: Davis, Crowfoot, Oldham, Schroeer, and Wawro. Nays: None. THE MOTION CARRIED. 3 • May 28, 1997 Request from Front Range Restaurant Concepts, Inc., dba Sullivan's Sports Tavern, 820 City Park, to Change, Alter, or Modify the Licensed Premises, Approved Dave Collier, manager, described the proposed changes. He stated the modification will enclose a part of the northeast parking lot for the July 4`h holiday and that it will be returned to pre -modification condition on July 5`h. Authority member Schroeer requested that a notarized affidavit stating Sullivan's Sports Tavern will only be used for the July 4`h, 1997 Holiday, and the premise will be modified back to the pre -modified condition on July 5`h, 1997. Authority member Schroeer made a motion, seconded by Authority member Wawro, to approve the modification of premise for Sullivan's Sports Tavern, 820 City Park, contingent upon the Clerk's office receiving a notarized statement that this modification will only be used for the July 4`', 1997 Holiday, and that the premise will be modified back to the pre - modified condition on July 5`h, 1997, and that modification to return the premise to pre - modified condition be placed on the Consent Calendar for the July 23, 1997 Liquor Authority meeting. Yeas: Davis, Crowfoot, Oldham, Schroeer, 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 The applicant did not appear and the application was postponed to June 25, 1997. Registration of Porter Frazier as Manager of Outback Steakhouse, 807 East Harmony Road, Approved In response to questions from the Authority, Porter Frazier, applicant, clarified his employment history. Mr. Frazier stated he has no liquor code violations. He stated he will be responsible for training and detailed the training program they require their employees complete. Authority member Crowfoot made a motion, seconded by Authority member Davis, to approve Porter Frazier as Manager of Outback Steakhouse, 807 East Harmony Road. Yeas: Davis, Crowfoot, Oldham, Schroeer, and Wawro. Nays: None. THE MOTION CARRIED. Registration of Tammy A. Cook as Manager of Pizza Hut, 1075 Pennock Place, Approved 4 • May 28, 1997 Tammy Cook, applicant, stated she has been at this location since January, 1991 and has had no liquor violations. She explained the training program for employees. Ms. Cook stated the gross sales for liquor is only 1-2% of total sales. Authority member Davis made a motion, seconded by Authority member Schroeer, to approve Tammy A. Cook as Manager of Pizza Hut, 1075 Pennock Place. Yeas: Davis, Crowfoot, Oldham, Schroeer, and Wawro. Nays: None. THE MOTION CARRIED. Transfer of Ownership of Oriental House, 2900 Harvard, Approved Cheung Mui Kwan, applicant, detailed his restaurant experience while in Hong Kong. He stated his wife has worked in the Oriental House for more than one year and that this restaurant will be a family business; all the employees will be family members. Mr. Kwan stated his wife has had no liquor violations. He noted there will not be any physical changes to the premises and that he will be working full-time in the restaurant. Authority member Wawro made a motion, seconded by Authority member Crowfoot, to approve the transfer of ownership of Oriental House, 2900 Harvard, from Lin Mei-Nu Chang and Wei-Ke Chang to Cheung Mui Kwan and Hau Shim Mui Ngai. Yeas: Davis, Crowfoot, Oldham, Schroeer, and Wawro. Nays: None. THE MOTION CARRIED. Hearing on a New Application for a Beer and Wine License at Mancino's Pizza & Grinders, 2601 South Lemay #30, Approved Timothy Mitts, President of Mancino's Mountain Team, Inc., and Nita Mitts, Vice -President, applicants, were sworn. Mr. Mitts described the location and stated they have been at this location for three years. He stated he has had no experience selling alcohol, but is developing a comprehensive training program for his employees. Mr. Mitts described how alcohol will be ordered and served. He stated they will I.D. everyone in a group even if only one person orders an alcohol beverage. Mr. Mitts noted the restaurant is a family style restaurant. Assistant City Attorney Tempel stated Applicant's Exhibit A, identified as petitions, is admissible into evidence. Mr. Mitts detailed the petitioning process. He stated he circulated all the petitions. Mr. Mitts stated he wanted to personally circulate the petitions to "get a feel" for the neighborhood. He noted two people were against the liquor license and four people refused to sign the petition. Mr. Mitts stated he had the support of all the businesses in the shopping mall. He noted many 5 • May 28, 1997 of his customers are requesting beer and wine with their meals. Mr. Mitts stated he concentrated on the residents in the Boltz Junior High area in his petitioning process out of concern for parents. Ms. Fran Ward, 1024 Oxford Lane, was sworn. She stated the Mitts are good neighborhoods. She expressed her concerns with the granting of another liquor license in this shopping mall as there are several other liquor licenses located within a close proximity. She stated she has not heard any negative comments about this application. Authority member Davis made a motion, seconded by Authority member Schroeer, to adopt Resolution 97-05 approving the application of Mancino's Pizza & Grinders, 2601 South Lemay, #30, for a beer and wine license. Yeas: Davis, Crowfoot, Oldham, Schroeer, and Wawro. Nays: None. THE MOTION CARRIED. Hearing on a New Application for a Hotel -Restaurant License at Perkins Restaurant, 310 South College, Approved AND Registration of Laurie Lynn Larreau as Manager of Perkins Restaurant, 310 South College Avenue, Approved Eric Spanier, President of Marrick, Inc., applicant, was sworn. Mr. Spanier detailed the petitioning process. He stated the people who were against the issuance of a liquor license to Perkins was that they believed there are enough liquor licenses in the City of Fort Collins. He noted that some individuals surveyed expressed concern that Perkins would change from a family style restaurant to a bar. Mr. Spanier indicated that the petitions represent 224 signatures (88.5%) in favor and 29 (11.5%) in opposition. Assistant City Attorney Greg Tempel stated Applicant's Exhibits A-H, identified as petitions, and Exhibit I, identified as a summary of the survey, are admissible into evidence. Authority member Schroeer made a motion, seconded by Authority member Crowfoot, to adopt Resolution 97-06 approving the application of Marrick, Inc., dba Perkins Restaurant, 310 South College Avenue, for a hotel -restaurant liquor license. Yeas: Davis, Crowfoot, Oldham, Schroeer, and Wawro. Nays: None. C� J • May 28, 1997 THE MOTION CARRIED. Laurie Lynn Larreau, manager, stated she will be responsible for training employees. She noted that the point of sale will happen at the table and not at the cash register. Ms. Larreau stated she has been with Perkins Restaurant since 1986. She noted she received extensive training in liquor sales at the Olive Garden, where she was briefly employed as a manager. Ms. Larreau stated she has had no liquor violations. Authority member Schroeer made a motion, seconded by Authority member Oldham, to approve Laurie Lynn Larreau as manager of Perkins Restaurant, 310 South College Avenue. Yeas: Davis, Crowfoot, Oldham, Schroeer, and Wawro. Nays: None. THE MOTION CARRIED. Police Report Officer Rothschild stated the licensees for the following establishments, and the Fort Collins Police Department have worked out stipulation agreements regarding violations found during recent compliance checks. He asked the Authority to approve the stipulation agreements. Toddy Authority member Schroeer made a motion, seconded by Authority member Crowfoot, to adopt the findings and order accepting the stipulation agreement as presented for Toddy's, 2601 South Lemay for violation of Section 12-47-128(1)(a), C.R.S. THE MOTION CARRIED. (Secretary's note: License suspended for 3 days with 2 days held in abeyance.) Pizza Hut Authority member Schroeer made a motion, seconded by Authority member Crowfoot, to adopt the findings and order accepting the stipulation agreement as presented for Pizza Hut, 1075 Pennock Place for violation of Section 12-47-128(1)(a), C.R.S. THE MOTION CARRIED. (Secretary's note: License suspended for 3 days with 2 days held in abeyance.) r • May 28, 1997 Request from D. Martin Group, Inc., dba Elliot's Martini Bar, 234 Linden, to Change, Alter, or Modify the Licensed Premises. Ron Leonhard, applicant, described the proposed changes. He stated he will have an employee at the door when it is busy. Mr. Leonhard noted this patio will be used only when weather permits. He stated he has an encroachment permit from the City's building department. Authority member Davis made a motion, seconded by Authority member Schroeer, to approve the modification of premises for Elliot's Martini Bar, 234 Linden. Yeas: Davis, Crowfoot, Oldham, Schroeer, and Wawro. Nays: None. THE MOTION CARRIED. Adjournment Authority member Crowfoot made a motion, seconded by Authority member Davis, to adjourn. Yeas: Davis, Crowfoot, Oldham, Schroeer, and Wawro. Nays: None. The meeting adjourned at 8:45 p.m. These minutes were prepared in December, 1998 and were not submitted to the Authority for approval. Many of the Authority members present at this meeting were no longer on the Authority when the minutes were prepared. N