Loading...
HomeMy WebLinkAboutLiquor Licensing Authority - Minutes - 02/28/1996A regular meeting of the Liquor Licensing Authority was held on Wednesday, February 28, 1996, in the Council Chambers of the Fort Collins Municipal Building. The following members were present: Cooper, Dickmann, Haggerty, Norton, Schroeer, and Wawro. Absent: Crowfoot 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. Approval of the minutes of the January 24 1996 regular meeting, 2. Request from TNG Associates to Change the Trade Name of The Neighborhood Grill 1624 South Lemay #1 to The Colorado Grill This is a request from TNG Associates, the hotel -restaurant licensee for The Neighborhood Grill, 1624 South Lemay #1, to change the trade name of the establishment to The Colorado Grill. February 28, 1996 3. 4. This is a request from TNG Associates, the hotel -restaurant licensee for The Neighborhood Grill, 1113 West Drake, to change the trade name of the establishment to The Colorado Grill. Round the Corner Restaurants, Inc., the hotel -restaurant licensee for Round the Corner, 101 West Swallow, is reporting a change of corporate structure. Ronald Olson is replacing B. Edwin Massey as president and director; Christina Idler is replacing Robert Turrill as vice-president, Thomas Gordon as secretary, and Boyd Hoback as director; and Donald Beck is replacing Thomas Gordon as treasurer as well as filling a vacant position as director. Authority member Schroeer made a motion, seconded by Authority member Dickmann, to adopt and approve all items on the Consent Calendar. Yeas: Cooper, Dickmann, Haggerty, Norton, Schroeer, and Wawro. Nays: None. THE MOTION CARRIED. Report of Change of Corporate Structure for Janette's Pharmacy, Inc., dba Park Central Liquor. 1624 South Lemay. Approved Liquor Licensing Specialist Rita Harris advised the Authority that this change of corporate structure reflects a complete change in ownership. She noted that the new owners purchased the existing corporation and because the licensed entity is not changing, a transfer of ownership is not required. Ray King, vice president of Janette's Pharmacy, Inc., stated the new individuals will run the establishment and noted that their training consists of on-the-job training with the previous licensee. He noted that they had also made preliminary arrangements for TIPS training. Mr. King spoke of situations where underage individuals have attempted to purchase alcohol. Authority member Norton made a motion, seconded by Authority member Dickmann, to approve the change of corporate structure for Janette's Pharmacy, Inc., dba Park Central Liquor, 1624 South Lemay. Yeas: Cooper, Dickmann, Haggerty, Norton, Schroeer, and Wawro. Nays: None. THE MOTION CARRIED. -2- • • February 28, 1996 Consideration of an Application from Holy Family Church for a Special Events Permit at 326 North Whitcomb on March 16 1996 Approved Lee Suniga, event manager, stated this event will be similar to the event held in December, although a smaller crowd is expected. He noted the event is a couples dance. He stated security will be provided by a private security company. Mr. Suniga indicated there were no problems at the December event. Authority member Schroeer made a motion, seconded by Authority member Dickmann, to approve the application of Holy Family Church for a special event permit at 326 North Whitcomb on March 16, 1996. Yeas: Cooper, Dickmann, Haggerty, Norton, Schroeer, and Wawro. Nays: None. 19:I:IJ[oil rlel01[ey-ilVVI:10 Request from The Greek Connection, Inc., dba Tony's Restaurant and Lounge, 224 South College Avenue, to Change Alter, or Modify the Licensed Premises Approved Authority member Norton disclosed that she knows the owner and participates in pool leagues at the establishment but does not believe it will affect her decision in this matter. Eric Fehlig, attorney representing The Greek Connection, Inc., acknowledged that the proposed modifications are substantial. He described the modifications, noting that the interior will undergo a major facelift and the outside will have a sidewalk patio. He stated the front of the building will be pulled back approximately 9 feet. He indicated the patio will be separated from the sidewalk with a wrought iron fence. Mr. Fehlig approached the Authority with a larger blueprint to further describe the modifications. He indicated that the establishment will continue to be a restaurant, noting that there will be a few changes to the menu. He stated that breakfast will no longer be served, but full meals will be available later in the evening. He stated the seating capacity will be increased from its current capacity of 180 to approximately 240. Mr. Fehlig stated the liquor sales will stay the same at approximately 60% with food sales at 40%. He stated the dance floor in the back will be enlarged slightly and the band area will be relocated, which should reduce noise to neighboring residences. He addressed plans for security, stated there will be a doorman at the front and back of the establishment checking IDS after 8 p.m. He stated there will be a wait station and full-time waitperson on the patio, noting that a runner will carry food and drinks from the establishment out to the patio. Dimitrious Katapodis, corporate officer and manager, was sworn. He responded to questions from the Authority, noting that the basement area being added to the licensed premises will be used for storage. He stated access to the basement is behind the bar. He indicated that seating at the bar will be approximately 40. Mr. Katapodis explained why construction has already been started, prior to getting approval from the Authority. -3- • • February 28, 1996 Mr. Fehlig added to the explanation of why the application is late and appealed to the Authority to be understanding and approve the application. He stated petitions were submitted to staff prior to the start of this meeting. He noted that the premises have been posted since early in February. He stated he is not aware of any opposition. Assistant City Attorney Carrie Mineart advised the Authority that Applicant's Exhibits A, B, and C, identified as petitions, are admissible into evidence, noting a few minor signature problems. Mr. Katapodis indicated that the opposition he received while collecting signatures was due to breakfast being discontinued. He started the only comments he has heard have been positive. In response to a question from the Authority, Mr. Katapodis stated he expects the modifications to have a positive effect on the character of the establishment. He indicated that he believed they had obtained an encroachment permit for the patio area. He stated they plan to reopen on May 2. Authority member Cooper made a motion, seconded by Authority member Schroeer, to approve the modification of premises for Tony's Restaurant and Lounge, 224 South College. Authority member Haggerty suggested an amendment to the motion that approval be subject to the licensee obtaining any other appropriate permits. Authority members Cooper and Schroeer, as the maker of and second to the motion, accepted the amendment as a friendly amendment to their motion. Authority member Cooper commented on the potential for the modifications to have a positive or negative effect on the premises. He stated the establishment has to the potential to become a rowdy, violent place, but it also has the potential of being a positive Fort Collins attraction. He indicated the management style will dictate what happens. The vote on the motion was as follows: Yeas Schroeer, and Wawro. Nays: None. THE MOTION CARRIED. Cooper, Dickmann, Haggerty, Norton, Transfer of Ownership of Mister V's, 518 West Laurel and Trade Name Change to Brick House Approved Dick Gast, attorney representing Brick House, Inc. (applicant), explained the history of the establishment. He stated in December 1994, the Smiling Moose was sold to GMV, Inc., which opened as Mr. V's. He stated the owner of the Smiling Moose, Laurel Street, Inc., carried back part of the financing and took a security interest in the equipment as collateral. He noted the premises are owned by a Boulder corporation called 518 Laurel Partnership and Mr. V's lease the premises from them. Mr. Gast stated in 1995 Mr. V's filed M1 0 February 28, 1996 bankruptcy which was subsequently dismissed and Mr. V's abandoned the property in December 1995. He indicated the landlord took possession of the property and the Smiling Moose owner took possession of the equipment. He stated the restaurant has been closed since Mr. V's abandoned the premises in December 1995. He indicated Brick House, Inc. is the current tenant. He stated Brick House intends to sell the equipment and the restaurant, which is being actively marketed. Mr. Gast indicated that Brick House, Inc. needs to transfer the liquor license in order to keep the license in place and active as an asset in the sale. He stated if the restaurant can't be sold by May, Brick House will reopen the establishment with a format similar to the Smiling Moose. Mr. Gast addressed the character of the officers, directors and shareholders of Brick House, Inc. Authority member Cooper made a motion, seconded by Authority member Schroeer, to approve the transfer of ownership of Mister V's, 518 West Laurel, and trade name change to Brick House. Yeas: Cooper, Dickmann, Haggerty, Norton, Schroeer, and Wawro. Nays: None. THE MOTION CARRIED. Hearing on a New Application for a Hotel -Restaurant License at Carrabba's Italian Grill, Lot 2, Oakridge Block 1 P.U.D.. Third Filing, Approved Mike Meyer, president of Mile High Pasta Company, was sworn. He explained that the location of the premises is along Harmony Road east of the Courtyard by Marriott. Mr. Meyer provided the Authority with photos of the restaurant and menus. He stated the establishment will open in July or August. He noted that Carrabba's is affiliated with Outback Steakhouse. Mr. Meyer gave a history of the restaurant, noting they have 28 restaurants in 4 states. He stated he is the joint venture partner in Colorado. He stated they are currently open in Westminster and are building in Colorado Springs, Littleton, and unincorporated Arapahoe County (Englewood). He explained that the manager of the establishment has an equity ownership in the establishment. He noted they are open for dinner only, with a food to alcohol ratio of 80% to 20%. He stated they close at 10 p.m. during the week and 11 p.m. on the weekend. Mr. Meyer spoke of training provided to managers and employees. Kelly Pietrs, Esquire Petitioning Services, was sworn. She described the petitioning process. Assistant City Attorney Carrie Mineart stated Applicant's Exhibit A, identified as a summary report, and Exhibits B and C, identified as petitions, are admissible into evidence. Ms. Pietrs summarized the petition results, noting the survey showed 253 (86%) in support of the application and 41 (14%) in opposition. &'Z 0 February 28, 1996 Authority member Cooper made a motion, seconded by Authority member Dickmann, to adopt Resolution 96-02 approving the application of Carrabba's/Colorado Joint Venture for a hotel -restaurant license at Carrabba's Italian Grill, Lot 2, Oakridge Block 1 P.U.D., Third Filing. Yeas: Cooper, Dickmann, Haggerty, Norton, Schroeer, and Wawro. Nays: None. THE MOTION CARRIED. Registration of Manager for Carrabba's Italian Grill, Lot 2. Oakridge Block 1 P.U.D.. Third Filing Approved Tim James, manager, spoke of his background and experience with the sale of alcohol. He described the training he has received and noted he has been training at the Westminster restaurant. He noted he has never been involved in a liquor violation. Authority member Haggerty made a motion, seconded by Authority member Schroeer, to approve Tim James as manager of Carrabba's Italian Grill. Yeas: Cooper, Dickmann, Haggerty, Norton, Schroeer, and Wawro. Nays: None. THE MOTION CARRIED. Hearing on a New Application for a Tavern License at The Aggie Theater, 204 South College, Approved Brad March, attorney representing BPM Productions, Inc., stated the applicant has leased the old Aggie Theater with the intent to convert it to a meeting hall/community center similar to the Lincoln Center. He stated the establishment will handle everything from wedding receptions to live concerts, and well as offering events for youths. He indicated Oedipus, Inc. was retained to conduct a survey of the neighborhood. Assistant City Attorney Mineart stated Applicant's Exhibit A, identified as a summary report, and Exhibits B through E, are admissible into evidence. Mr. March stated this venture is modeled after the Fox Theater in Boulder, and noted that John O'Leary, who was a founder of the Fox Theater, is acting as a consultant for BPM Productions. He spoke of security arrangements and carding policies. He stated Joe Chisholm, also an employee of the Fox Theater, will be employed at the Aggie Theater as the bar manager. Mr. March indicated Mr. Chisholm intends to become certified as a TIPS trainer so that he may train employees of the establishment. Max Scott, Oedipus, Inc., was sworn. He described the petitioning process and indicated that petitions represent 375 signatures (91 %) in favor and 36 (9%) in opposition. He stated this is good survey for a tavern license. 51 • • February 28, 1996 In response to questions from the Authority, Mr. March approached the Authority with a better diagram of the establishment. He described the interior layout of the premises and the flexibility to add or remove tables depending upon the type of event. John O'Leary was sworn. He answered additional questions about the interior design and usage plans. He stated that the plans submitted with the application were preliminary plans and that new plans have now been drawn. He stated he would provide new drawings to the Clerk. (Secretary's Note: New floor plans of the main level and second floor, marked as Applicant's Exhibits F and G, were admitted into evidence.) Mr. O'Leary described his experience at the Fox Theater and stated he will be working with the bands at this establishment when it opens. Joe Chisholm was sworn. He indicated that he will be the bar manager for the establishment. In response to questions from the Authority, Mr. Chisholm stated sandwiches and snacks will be available at the establishment. He stated TIPS training will be required as a condition of employment. Mike Mokler, 526 Remington and owner of Scenes Arts and Entertainment magazine, was sworn. He stated Fort Collins needs this type of establishment. Mary Race, 3731 Benthaven and owner of Pulcinella Ristorante, acknowledged that she does not qualify as a party -in -interest, but stated she believes the establishment will be an asset to the community. Assistant City Attorney Mineart noted that although residents and business owners outside of the neighborhood boundaries are not entitled to status as parties -in -interest, the Authority is authorized, in its discretion, to consider testimony and other information provided by members of the public in making its decision. Liquor Licensing Specialist Rita Harris advised the Authority that on Monday, February 26th, she had received a letter via FAX from Tim Wengworthy, who is an attorney representing the executive board of First Church of Christ Scientist, which is the owner of the Christian Science Reading Room near the establishment. She stated the letter indicated that the executive board did not intend to appear at this hearing to oppose the application. Mr. March interrupted Mr. Harris with an objection to the introduction of the information in the letter because it does not qualify as sworn testimony. Assistant City Attorney Mineart advised the Authority that the letter has come into the public record in relation to the application and the Authority has the discretion to consider the information and give it whatever weight it deems appropriate. She stated the letter is, more or less, an uncertified statement which was not provided under oath and for which bE • 0 February 28, 1996 there is no opportunity to cross-examine the author. She stated the Authority should take those things into account when considering this information. Following additional arguments from Mr. March, the Authority agreed to accept and review the letter. Ms. Harris continued describing the letter, stating the letter contains points relating to the reasonable requirements of the neighborhood. Authority member Norton made a motion, seconded by Authority member Dickmann, to adopt Resolution 96-03 approving the application of BPM Productions, Inc., dba The Aggie Theater, for a tavern license at 204 South College. Authority member Cooper stated that although Mr. Wengworthy's letter points out several good reasons to take into consideration for denying the license, without having someone present to provide testimony, he intends to vote in favor of the motion. The vote on the motion was as follows: Yeas: Cooper, Dickmann, Haggerty, Norton, Schroeer, and Wawro. Nays: None. THE MOTION CARRIED. Officer Tim Rothschild advised the Authority that he recently returned back to work after being off for two months for back surgery. He stated he has a new sergeant, lieutenant, and deputy chief, who instructed him that although they support liquor enforcement in theory, they believe the selective enforcement unit should have to bear the burden of losing a member to full-time liquor enforcement. He stated he will not be working on liquor enforcement matters unless specific situations occur. Officer Rothschild stated he is working on a proposal to justify full-time enforcement. Authority member Cooper suggested a letter to Chief Rainguet be drafted stressing the need for a liquor enforcement officer. He stated the letter should point out that the lack of enforcement puts the Authority in an awkward position since the Authority relies on the liquor enforcement officer to enforce rulings of the Authority. Authority member Norton spoke of the need to have the liquor enforcement officer work out stipulation agreements relating to show cause hearings. Authority member Haggerty suggesting referring to the audio tape of Chief Rainguet's recent appearance before the Authority and using some of the Chiefs own words in the letter. Authority member Wawro volunteered to draft a letter. go • February 28, 1996 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 approximately 825 n m Secretary In