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HomeMy WebLinkAboutLiquor Licensing Authority - Minutes - 10/25/1995Council Liaison: Will Smith 11 Staff Liaison: Rita Knoll Harris A regular meeting of the Liquor Licensing Authority was held on Wednesday, October 25, 1995, in the Council Chambers of the Fort Collins Municipal Building. The following members were present: Cooper, Crowfoot, Dickmann, Haggerty, Schroeer, and Wawro. (Authority member Norton at 6:28 p.m.) Staff Members Present: Rita Knoll Harris, City Clerk's Office Carrie Mineart, City Attorney's Office Sandra Gibson, Police Department Tim Rothschild, 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. 2. CorporateReport of Change of MRLobster Restaurant GMRI, Inc., the hotel -restaurant licensee for Red Lobster Restaurant #393, 3301 South College, is reporting a change of corporate structure. Ronald Magruder is no longer with the corporation and is not being replaced. This action simply removes Mr. Magruder from the Master File. GMRI, Inc., the hotel -restaurant licensee for the Olive Garden Italian Restaurant, 3905 South College, is reporting a change of corporate structure. Ronald Magruder October 25, 1995 is no longer with the corporation and is not being replaced. This action simply removes Mr. Magruder from the Master File. Report3. of Change of Co[porate Structure for BestBowl,... Horsetooth Lanes and Tack Room. 217 West .. 4. Best Bowl, Inc., the tavern licensee for Horsetooth Lanes and Tack Room, 217 West Horsetooth, is reporting a change of corporate structure. John Dayton, Jr. is replacing Elery Wilmarth as secretary of the corporation. In addition, John Dayton, Sr. has acquired Mr. Wilmarth's stock and is now the sole shareholder. The State Board of Agriculture, the club licensee for the University Club, Lory Student Center, is reporting a change of corporate structure. Mark Denke is replacing Rex Kellums as vice-president. Metro Oil, Inc., the 3.2% beer licensee for Total #2448, 4701 South Lemay, is registering Verlin Pennock as the first manager for this establishment. Mr. Pennock was previously registered as manager of Total #2623, 221 West Prospect. 1 Metro Oil, Inc., the 3.2% beer licensee for Total #2452, 2501 South Shields, is registering Cecilia Jean Torres as the first manager for this establishment. Ms. Torres was previously registered as manager of Total #2487, 2025 South College. 7. Request from Brinker Restaurant Corporation to Change the Trade Name of Spaageddies Italian Kitchen, 4235 South College. to Johnny Carino's Italian Kitchen. This is a request from Brinker Restaurant Corporation, the hotel -restaurant licensee for Spageddies Italian Restaurant, 4235 South College, to change the trade name of the establishment to Johnny Carino's Italian Kitchen. Authority member Schroeer made a motion, seconded by Authority member Crowfoot, to adopt and approve all items on the Consent Calendar. Yeas: Cooper, Crowfoot, Dickmann, Haggerty, Schroeer, and Wawro. Nays: None. THE MOTION CARRIED. -2- October 25, 1995 Registration of Richard Pineda as Manager of Johnny Carino's Italian Kitchen, 4235 South College Avenue. Approved Richard Pineda, manager, stated he has had no alcohol related problems since the DUI arrest 8 years ago. He stated he recently moved to Colorado and spoke of how he has become familiar with the Colorado liquor laws. He stated the restaurant is scheduled to open November 13. Mr. Pineda described the training program for employees. He stated he has never had a liquor violation at any of the establishments he worked. Authority member Schroeer made a motion, seconded by Authority member Haggerty, to approve Richard Pineda as manager of Johnny Carino's Italian Kitchen, 4235 South College. Yeas: Cooper, Crowfoot, Dickmann, Haggerty, Schroeer, and Wawro. Nays: None. THE MOTION CARRIED. Registration of Shawn Porter as Manager of Albertson's Food Center #876. 731 South Lemay. Approved Shawn Porter, store director, indicated there have been no violations at any of the stores where he has been the store director. He stated the policy is to card anyone who appears to be under 30 years of age. He noted that checkers are recertified on tobacco and alcohol sales twice a year. In response to a question from the Authority, Mr. Porter stated he has not had any alcohol -related offenses or crimes against persons in the past 10 years. He described the training program provided to employees. Authority member Crowfoot made a motion, seconded by Authority member Dickmann, to approve Shawn Porter as manager of Albertson's Food Center #876, 731 South Lemay. Yeas: Cooper, Crowfoot, Dickmann, Haggerty, Schroeer, and Wawro. Nays: None. THE MOTION CARRIED. Transfer of Ownership of Creekside Liquors, 1005 West Stuart #A3. Approved Thomas King, applicant, acknowledged that he has no prior experience with the sale of alcohol. He spoke of his efforts to familiarize himself with the Colorado liquor laws and described the training program for employees. He stated employees will be asked to card anyone who appears to be under 35 years of age. He stated he will be the only full time employee for awhile and will be hiring a couple of part-time employees. -3- October 25, 1995 Authority member Cooper made a motion, seconded by Authority member Dickmann, to approve the transfer of ownership of Creekside Liquors, 1005 West Stuart #A3, from Satinder Oberoi to Thomas King. Yeas: Cooper, Crowfoot, Dickmann, Haggerty, Schroeer, and Wawro. Nays: None. THE MOTION CARRIED. Hearing on a New Application for a Hotel -Restaurant License at Italian Classics, 169 West Mountain. Approved (Secretary's Note: This establishment currently holds a beer and wine license.) James Whelan, owner, was sworn. He stated that they have recently completed some equipment upgrades and cosmetic remodeling of the premises. He spoke of his prior experience with the sale of alcoholic beverages and noted he has been at this establishment since the first of the year when they obtained a beer and wine license. He stated there have been no liquor violations. In response to a question from the Authority, Mr. Whelan addressed the DUI violation he had in 1992. He explained that this application reflects a change of corporate structure and a change of class of license. Liquor Licensing Specialist Rita Harris advised the Authority that the combination of a change of corporate structure and a change of class of license in this situation are more cleanly processed as a new application. Anna Giratano was sworn. She stated she has had no liquor violations or alcohol -related offenses. She spoke of her experience with the sale of alcohol. She indicated she is planning to attend bartending school to refresh her skills. Assistant City Attorney Carrie Mineart advised the Authority that she had reviewed petitions circulated by the applicant, identified as Applicant's Exhibits A and B, and stated they are admissible into evidence. Mr. Whelan described the process used to petition the neighborhood. He stated the petitions contain approximately 165 signatures in favor of the application. He noted that several signatures were struck from the petitions because the individuals were under age or list addresses out of the neighborhood boundaries. In response to a question from the Authority, Mr. Whelan stated he did not encounter anyone who was opposed to the application for a hotel -restaurant license. He stated the operation of the business will be similar to the past. He stated they are seeking this license to accommodate the demands of the customers. Mr. Whelan addressed the training provided to employees and noted that the policy is to card anyone who appears to be under 35 years of age. -4- C, J October 25, 1995 Authority member Haggerty made a motion, seconded by Authority member Schroeer, to adopt Resolution 95-18 approving the application for a hotel -restaurant license at Italian Classics, 159 West Mountain. Yeas: Cooper, Crowfoot, Dickmann, Haggerty, Schroeer, and Wawro. Nays: None. THE MOTION CARRIED. Request from Juneau of Fort Collins, Inc., dba The Crown Pub, 134 South College, to Change, Alter, or Modify the Premises. Found Substantial and Approved Keith Galeener, owner, stated he plans to move the bathrooms to the rear of the building to provide better control of the premises. He stated there is currently a room in the back of the establishment that is difficult to monitor. He stated by moving the bathrooms to the back, he can move the current seating in the back forward providing better visual control. Mr. Galeener noted that he is also requesting to include the basement in the licensed premise for storage and office space. Authority member Haggerty made a motion, seconded by Authority member Schroeer, to find that the proposed modifications to The Crown Pub, 134 South College, are substantial and to waive evidence of the needs and desires of the neighborhood. Mr. Galeener stated he has no plans for seating the basement and noted it would be accessible by employees only. He stated he may see a 5% increase in overall sales as a result of the modifications. He noted there will be no changes in the character of the business and stated the current entertainment will be decreased. The vote on the motion was as follows: Yeas: Cooper, Crowfoot, Dickmann, Haggerty, Schroeer, and Wawro. Nays: None. THE MOTION CARRIED. Authority member Schroeer made a motion, seconded by Authority member Cooper, to approve the request to modify The Crown Pub, 134 South College. Yeas: Cooper, Crowfoot, Dickmann, Haggerty, Schroeer, and Wawro. Nays: None. THE MOTION CARRIED. (Secretary's Note: Authority member Norton arrived at this point.) -5- 01 October 25, 1995 Transfer of Ownership of Hearthstone Eatery and Pub, Ltd., 1204 South College, and Trade Name Change to Hillside Cafe, Ltd.. Approved Brad March, attorney representing Matthew and Company, described the restaurant operation and stated drinks are intended to accompany food. He spoke of Mr. Hill's experience in the restaurant business and with the sale of alcohol. He noted the carding policy will be to check ID of anyone who appears to be under the age of 30. Mr. March addressed plans to obtain training for the owners and employees. Matthew Hill, vice-president of Matthew and Company, was sworn. In response to questions from the Authority, Mr. Hill acknowledged that the intent is to serve food and alcohol in the restaurant, as well as to the sleeping rooms and conference rooms. (Secretary's Note: Authority member Dickmann left the meeting at this point.) Mr. March explained the reasons for wanting to license the entire facility and outlined the agreement between the owner of the Helmshire Inn and Matthew and Company. Mr. Hill spoke of his familiarity with the Liquor Code and his background and experience with the sale of alcohol. He described his staff and their experience. Mr. Hill spoke of his plans to set up a training program for employees. He responded to questions regarding how he will handle service to the sleeping rooms. Mr. March pointed out that service to the sleeping rooms at the Helmshire would be no different that what occurs at the Marriott. Authority member Norton made a motion, seconded by Authority member Schroeer, to approve the transfer of ownership of Hearthstone Eatery and Pub, Ltd., 1204 South College, from Hearthstone Eatery and Pub, Ltd. to Matthew and Company, and trade name change to Hillside Cafe, Ltd. Authority member Wawro expressed concerns about the responsibility the applicant is taking on with regard to the room service. Authority member Cooper asked the Assistant City Attorney if only a transfer of ownership is needed since the size of the establishment is being substantially increased. Assistant City Attorney Mineart advised the Authority that technically any physical modifications at an establishment which has been previously licensed should be taken into consideration by the Authority. She suggested the Authority consider the changes based on the criteria set forth in the State's regulation. She stated the Authority could consider evidence presented at this meeting regarding the modification without further hearing. 1A October 25, 1995 Authority member Cooper expressed a desire for the Authority to deal with the issue of the increase in size of the business so that there is no question at a later date about the validity of the license. Authority member Haggerty suggested an amendment to the motion on the table to include that the Authority has considered the needs and desires of the neighborhood, waived the need to survey the neighborhood, and to include approval of the modification of premises. Authority member Norton withdrew her original motion. Authority member Norton made a motion, seconded by Authority member Haggerty, to approve the transfer of ownership, trade name change, and modification of the premises based upon the information presented. Yeas: Cooper, Crowfoot, Haggerty, Norton, Schroeer, and Wawro. Nays: None. THE MOTION CARRIED. Other Business Assistant City Attorney Mineart stated staff would provide the Authority with additional information on the transfer of ownership issue at the next meeting. She stated that a worksession could be scheduled following the regular meeting to further discuss the issue. Authority member Crowfoot made a motion, seconded by Authority member Cooper, to approve the 1996 meeting schedule as proposed by the Liquor Licensing Specialist. Yeas: Cooper, Crowfoot, Haggerty, Norton, Schroeer, and Wawro. Nays: None. THE MOTION CARRIED. Adjournment Authority member Cooper made a motion, seconded by Authority member Schroeer, to adjourn. Yeas: Cooper, Crowfoot, Haggerty, Norton, Schroeer, and Wawro. Nays: None. THE MOTION CARRIED. The meeting was adjourned at approximately 7:40 p.m. These minutes were prepared in January, 1998 and were not submitted to the Authority for approval. The majority of the Authority members present at this meeting were no longer on the Authority when the minutes were prepared. -7-