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HomeMy WebLinkAboutLiquor Licensing Authority - Minutes - 04/26/199511 Council Liaison: Will Smith Staff Liaison: Rita Knoll Harris A regular meeting of the Liquor Licensing Authority was held on Wednesday, April 26, 1995, in the Council Chambers of the Fort Collins Municipal Building. The following members were present: Cooper, Crowfoot, Norton, Poncelow, and Schroeer. Staff Members Present: Rita Knoll Harris, City Clerk's Office Marty Heffernan, City Attorney's Office Sandra Gibson, Police Department Joel Tower, Police Department Authority Members Absent: Haggerty and Wawro. 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 Report of Change of CoEporate Structure for Cono-Services. Inc.. dba Conoco 0.••0 Cono-Services, Inc., the 3.2% beer licensee for Conoco #06440, 1013 Centre Avenue, is reporting a change of corporate structure. James Fuqua, Jr. is replacing Robert Merchant as president, William Nahill, Jr. is replacing David Rising as vice- president and Robert Merchant as director, Thomas Casbeer is replacing David Rising as vice-president/treasurer/director, and Werner Kraatz is replacing James Fuqua, Jr. as secretary. April 26, 1995 This is a request from the Circle K Corporation, the 3.2% beer licensee for Circle K #1987, 949 South Taft Hill Road, to change is corporate name to Circle K Stores, Inc. Authority member Schroeer made a motion, seconded by Authority member Crowfoot, to adopt and approve all items on the Consent Calendar. Yeas: Cooper, Crowfoot, Norton, Poncelow, and Schroeer. Nays: None. THE MOTION CARRIED. Report of Change of Manager for Seven -Eleven #20104, 430 Remington. Approved Matthew Thompson, manager, stated he has been a manager with the Southland Corporation for approximately 4 years in various locations in Colorado. He indicated he assumed manager responsibilities at this store in October 1994. Mr. Thompson spoke of training provided to employees. He stated he has never had a violation at any of the stores he managed. Authority member Crowfoot made a motion, seconded by Authority member Schroeer, to approve Matthew Thompson as manager of Seven -Eleven #20104, 430 Remington. Yeas: Cooper, Crowfoot, Norton, Poncelow, and Schroeer. Nays: None. THE MOTION CARRIED. Consideration of an Application from Colorado State University (Friends of the Gustafson Gallery) for a Special Events Permit at the One West Contemporary Art Center, 201 South College, on May 20, 1995. Approved Authority member Schroeer disclosed that he has known Dr. Blaesi for many years but does not believe it will affect his decision on this application. LaVon Blaesi, event manager, described the event. She stated the event will run from 6 p.m. to 8 p.m. and noted they will be serving champagne. She indicated that 150 guests are expected. Dr. Blaesi stated glasses of champagne will be available at the door, and glasses will be refilled while guests are touring the exhibit. In response to questions from the Authority, Dr. Blaesi noted that the champagne and food is included in the cost of the event. She stated they anticipate participants will be over 40 years of age. -2- • April 26, 1995 Authority member Norton made a motion, seconded by Authority member Schroeer, to approve the application from Colorado State University (Friends of the Gustafson Gallery) for a Special Events Permit on May 20, 1995 at the One West Contemporary Art Center, 201 South College. Yeas: Cooper, Crowfoot, Norton, Poncelow, and Schroeer. 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, described the proposed patio on the sidewalk in front of the establishment. He stated the patio would project approximately 5 feet from the face of the building and will provide less than 100 square feet of additional service space. He indicated a waitress will be assigned to the area, although not exclusively. Authority member Norton made a motion, seconded by Authority member Schroeer, to find that the proposed modification of The Crown Pub, 134 South College, is substantial. Yeas: Cooper, Crowfoot, Norton, Poncelow, and Schroeer. Nays: None. THE MOTION CARRIED. Keith Galeener indicated he was prepared to continue with a hearing and was sworn. In response to questions from the Authority, Mr. Galeener estimated that the patio will increase alcohol service by $50 per day. He indicated the patio will seat a maximum of 12 people. He stated due to the size of the patio, entry will be off the sidewalk rather than through the establishment. Mr. Galeener stated the patio will be enclosed with a 30-36 inch high fence. Assistant City Attorney Marty Heffernan stated he had reviewed petitions circulated in connection with the application and advised the Authority that the petitions were admissible into evidence. Liquor Licensing Specialist Rita Harris advised the Authority that the premises have been posted for the past 15 days. In response to Authority member concerns about the lack of control on a patio that is accessible without going through the establishment, Mr. Galeener described the patios at other establishments in the downtown area and explained measures he will take to prevent violations on the patio. -3- • April 26, 1995 Authority member Schroeer made a motion, seconded by Authority member Crowfoot, to approve the request from Juneau of Fort Collins, Inc., dba The Crown Pub, to modify the premises at 134 South College. Yeas: Cooper, Crowfoot, Norton, Poncelow, and Schroeer. Nays: None. THE MOTION CARRIED. Hearing on a New Application for a Hotel -Restaurant License at Rocky Mountain Coffee Connection 2655B South Shields. Approved Deanne Mulvihill, president of Rocky Mountain Coffee Connection, Inc., was sworn. Ms. Mulvihill described the business, noting it will be a coffeehouse with wine and beer offered as a convenience only. She stated the business is modeled after a business in Oregon, which experiences alcohol sales of less than 10% and food sales of 30%, with coffee making up the remaining sales. Ms. Mulvihill stated a light menu will be available including soups, quiche, burritos, and desserts. She stated the focus is on coffee rather than food. She spoke of her efforts to educate herself on the liquor laws and described employee training. Ms. Mulvihill indicated live entertainment will be provided on Friday and Saturday nights. Nell Swiers, Market Service Associates, was sworn. She described the petitioning process and indicated she had submitted the petitions to the Assistant City Attorney. Assistant City Attorney Marty Heffernan advised the Authority that Applicant's Exhibit A, identified as a summary of the petition results, and Applicant's Exhibits B through D, identified as petitions, were admissible into evidence. Ms. Swiers summarized the petition results, noting that 233 individuals (89.3%) signed in support of the application and 28 (10.7%) signed in opposition. In response to questions from the Authority, Ms. Mulvihill stated she intends to open after May 15. She indicated food and beverages will be served at the counter. She stated she will be the on -site manager and will be responsible for training employees. Authority member Cooper made a motion, seconded by Authority member Schroeer, to adopt Resolution 95-05 approving the application of Rocky Mountain Coffee Connection, Inc. for a Hotel -Restaurant License at the Rocky Mountain Coffee Connection, 2555B South Shields. Yeas: Cooper, Crowfoot, Norton, Poncelow, and Schroeer. Nays: None. THE MOTION CARRIED. -4- • April 26, 1995 Officer Joel Tower described an incident on April 22, 1995 at Old Town Ale House, 25 Old Town Square, and requested the Authority find probable cause to schedule a Show Cause Hearing for an alleged violation of Section 12-47-128(5)(a)(1), C.R.S. (serving an underage person). Authority member Norton made a motion, seconded by Authority member Schroeer, to find probable cause exists to schedule a Show Cause Hearing on May 24, 1995 for Old Town Ale House, 25 Old Town Square, for an alleged violation of Section 12-47-128(5)(a)(1), C.R.S. (serving an underage person), and authorizing the City Attorney to issue subpoenas. Yeas: Cooper, Crowfoot, Norton, Poncelow, and Schroeer. Nays: None. THE MOTION CARRIED. Other Business The Authority discussed making a budget request for additional funds for liquor enforcement. Officer Tower advised the Authority that his unit is under review for reorganization. He stated his Division Commander believes that liquor enforcement is extremely important and he intends to assign an officer to liquor enforcement full-time. He indicated he has requested that assignment. He stated a letter to the City Council emphasizing the need for liquor enforcement would be helpful. The Authority requested that the Clerk's Office prepare a letter. Authority member Cooper made a motion, seconded by Authority member Norton, to adjourn. Yeas: Cooper, Crowfoot, Norton, Poncelow, and Schroeer. Nays: None. THE MOTION CARRIED. The meeting was adjourned at approximately 7:15 p.m. These minutes were prepared in June, 1997 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. -5-