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HomeMy WebLinkAboutLiquor Licensing Authority - Minutes - 09/25/1996A regular meeting of the Liquor Licensing Authority was held on Wednesday, September 25, 1996, in the Council Chambers of the Fort Collins Municipal Building. The following members were present: Crowfoot, Davis, Haggerty, Oldham, Schroeer, and Wawro. Absent: Dickmann. Staff Members Present: Rita Knoll Harris, City Clerk's Office Carrie Mineart, 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. Adoption of the 1997 Meeting Schedule Listed below are proposed meeting dates for 1997. All dates are on the fourth Wednesday of the month, except for November and December. A combined November/December meeting is proposed for the first Wednesday in December. January 22 July 23 February 26 August 27 March 26 September 24 April 23 October 22 May 28 No November meeting June 25 December 3 (first Wednesday) In keeping with current practice, all meetings will begin at 6:00 p.m. • September 25, 1996 2. Request from Italian Classics Inc dba Italian Classics 159 West Mountain to Change its Trade Name to New York Cafe. This is a request from Italian Classics, Inc., the hotel -restaurant licensee for Italian Classics, 159 West Mountain, to change its trade name to New York Cafe. 3. Report of Change of Corporate Structure for Brinker Restaurant Corporation dba Chili's Hamburger Grill and Bar. 3524 South College. Brinker Restaurant Corporation, the hotel -restaurant licensee for Chili's Hamburger Grill and Bar, 3524 South College, is reporting a change of corporate structure. Jay Tobin has been added as an assistant secretary. 4. Report of Change of Corporate Structure for Watterson Foods Inc dba Roberto's Burritos. 120'Y2 West Laurel. Watterson Foods, Inc., the hotel -restaurant licensee for Roberto's Burritos, 120'/z West Laurel, is reporting a change of corporate structure. Jay and Victor Watterson have been added as officers, directors, and shareholders. 5. Report of Change of Corporate Structure for Linden Blues. Inc.. dba Lindens. 214 Linden. Linden Blues, Inc., the tavern licensee for Lindens, 214 Linden, is reporting a change of corporate structure. Roger Winfrey is no longer an officer, director, and shareholder. Tommy Short is now the sole officer, director, and shareholder. 6. Transfer of Ownership of South College Liquors 2724 South College This is a request to transfer the ownership of South College Liquors, 2724 South College, from Judith Cook, John Flanagan, and Donald Raines to Judith Cook and John Flanagan. Donald Raines died on June 6, 1996. Under Section 12-47- 106(4)(b), the surviving partners were allowed to continue operation of the establishment until the license period ended on August 2, 1996. Prior to expiration of the license period, Judith Cook and John Flanagan submitted this application to transfer the ownership of the license to them. Authority member Crowfoot made a motion, seconded by Authority member Davis, to adopt and approve all items on the Consent Calendar. Yeas: Crowfoot, Davis, Haggerty, Oldham, Schroeer, and Wawro. Nays: None. THE MOTION CARRIED. -2- 0 September 25, 1996 Consideration of an Application from Lambda Chi Alpha for a Special Events Permit at 709 Wagner on October 25 1996 Approved Matt Zorlingo, vice president of the Gamma Phi Beta chapter of Lambda Chi Alpha fraternity, stated the event consists of a concert open to the public. He stated there will be security guards hired for the event. He indicated that Anheuser-Busch will be sponsoring the event and noted that IDS will be checked at the entrance. Mr. Zorlingo stated the event will be open to all ages and indicated that fraternity members will be monitoring the crowd. He stated Anheuser-Busch will provide the alcohol and the fraternity will share in the profits. He stated approximately 500 people are expected to attend. He stated pizza and sub sandwiches will be sold at the event. He noted admission to the event is free. Authority member Wawro made a motion, seconded by Authority member Crowfoot, to approve the application of Lambda Chi Alpha for a special events permit at 709 Wagner on October 25, 1996. Yeas: Crowfoot, Davis, Haggerty, Oldham, Schroeer, and Wawro. Nays: None. THE MOTION CARRIED. Reconsideration of Report of Change of Corporate Structure for Chau's Brothers, Inc., dba Twin Dragon Gate 23 Old Town Square #100 Continued to October 23 Authority member Haggerty noted that the attorney representing this applicant has requested a continuance. Authority member Crowfoot made a motion, seconded by Authority member Schroeer, to continue this item until the October 23, 1996 meeting. Yeas: Crowfoot, Davis, Haggerty, Oldham, Schroeer, and Wawro. Nays: None. THE MOTION CARRIED. Request from Pelican Fish, Inc., dba Pelican Pete's Fish Market and Oyster Bar, 3612 South Mason, to Change Alter, or Modify the Licensed Premises Approved Robert Walker, manager, stated that the patio at the establishment was completed in May. He indicated that no changes were made to the interior of the establishment. He explained why they did not obtain approval from the Liquor Licensing Authority before using the patio for alcohol service. He stated that the Building Inspection Division did not tell them they also needed approval from the Authority. He stated the concrete slab for the patio has been there for a long time and explained the evolution of the usage of the patio. Mr. -3- • • September 25, 1996 Walker noted the only access to the patio is through the establishment. He stated the patio is fenced. He provided the Authority with pictures of the patio area. Authority member Wawro made a motion, seconded by Authority member Schroeer, to approve the modification of premises for Pelican Pete's Fish Market and Oyster Bar, 3512 South Mason. Authority member Oldham expressed concern about the licensee's lack of attention to the rules governing liquor -licensed establishments. Authority member Crowfoot encouraged Mr. Walker to review the liquor code book. The vote on the motion was as follows: Yeas: Crowfoot, Davis, Haggerty, Oldham, Schroeer, and Wawro. Nays: None. THE MOTION CARRIED. Transfer of Ownership of Jasmine Garden 2721 South College Avenue Approved Kevin Huang, applicant, stated he has been with the restaurant since it opened and took complete ownership at the beginning of 1996. He stated there will be no changes in the operation of the establishment, although he intends to provide more training to the staff. He indicated there have been no violations at the restaurant. Authority member Crowfoot made a motion, seconded by Authority member Davis, to approve the transfer of ownership of Jasmine Garden, 2721 South College, from Wenhui Huang to Huang's Brother Corporation. Yeas: Crowfoot, Davis, Haggerty, Oldham, Schroeer, and Wawro. Nays: None. THE MOTION CARRIED. Hearing on a New Application for a Retail Liquor Store License at The Right Wine, 3307 South College #108, Approved James Yamane, president of The Right Wine, Inc., was sworn. He described the concept of the store. He stated 90 to 95% of the stock will consist of wine, with the remaining stock being made up of microbrews and specialty spirits. He indicated Charles Parker has been designated as store manager, but all of the corporate members will work in the store. He noted they will also hire 4 to 5 employees. 13 • September 25, 1996 Charles Parker, vice president and manager, was sworn. He spoke of his background and experience with the sale of alcohol at the Catacombs and out of state. He indicated that arrangements have been made for training by the Police Department. Kelly Pietrs, Esquire Petitioning Services, was sworn. She indicated that she had submitted petitions to staff. Assistant City Attorney Carrie Mineart advised the Authority that Applicant's Exhibit A, described as a summary of the surrey results, and Applicant's Exhibits B and C, described as petition documents, were admissible into evidence. Ms. Pietrs described the procedures used for circulation of the petitions. She stated the petition contained 187 (89%) signatures in favor of the application, with 24 (11%) in opposition. She stated this survey shows very strong support for the application. Mr. Yamane outlined the store hours and stated a corporate member will be on site approximately 50% of the time. Mr. Parker described the training that will be provided to employees and stated the store policy will be to check ID for anyone who appears to be under the age of 40 years. Authority member Crowfoot made a motion, seconded by Authority member Wawro, to adopt Resolution 96-17 approving the application of The Right Wine, Inc., dba The Right Wine, 3307 South College #108. Yeas: Crowfoot, Davis, Haggerty, Oldham, Schroeer, and Wawro. Nays: None. THE MOTION CARRIED. Hearing on a Change of Location for Italian Classics from 159 West Mountain to 135 West Oak, Approved Deputy City Clerk Rita Harris advised the Authority that the applicant was out of town and requested a continuance. Authority member Wawro made a motion, seconded by Authority member Crowfoot, to continue this item until the October 23, 1996 meeting. Yeas: Crowfoot, Davis, Haggerty, Oldham, Schroeer, and Wawro. Nays: None. THE MOTION CARRIED. -5- • • September 25, 1996 Show Cause Hearing for Pasta Jay's, 11 Old Town Square #120 (Secretary's Note: Authority member Schroeer withdrew from this item due to a perceived conflict of interest.) Assistant City Attorney Mineart advised the Authority that a stipulation agreement had been reached in this matter and outlined the provisions of the stipulation as follows: In lieu of a show cause hearing, a letter of warning will be issued to the Licensee; 2. The Licensee agrees to assign an employee to monitor the patio area during special events; and 3. The Licensee will have its employees attend a training session conducted by Officer Tim Rothschild, addressing the Colorado Liquor Code in general, and in particular how to deal with special events such as the Brew Fest. Officer Tim Rothschild discussed the reasons for reaching the stipulation as presented. He stressed that the Licensee is a good licensee and that the last 2 items in the stipulation agreement are the most important. Authority member Crowfoot made a motion, seconded by Authority member Wawro, to approve the stipulation agreement as presented. Yeas: Crowfoot, Davis, Haggerty, Oldham, and Wawro. Nays: None. (Authority member Schroeer withdrawn.) THE MOTION CARRIED. Adjournment Authority member Cooper made a motion, seconded by Authority member Norton, to adjourn. Yeas: Crowfoot, Davis, Haggerty, Oldham, Schroeer, and Wawro. Nays: None. THE MOTION CARRIED. The meeting was adjourned at approximate Secretary ni