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HomeMy WebLinkAboutLiquor Licensing Authority - Minutes - 10/13/1982LIQUOR LICENSING AUTHORITY Regular Meeting - October 13, 1982 7:30 P.M. A regular meeting of the Liquor Licensing Authority was held on Wednesday, October 13, 1982, in the Council Chambers of the City of Fort Collins Municipal Building. Roll call was answered by the following members: Bujack, Long, Seegmiller and Wilson. Boardmembers Absent: Oldham. Staff Members Present: Debbie Caster, City Clerk's Office Frank Russell, Police Department Pete Ruggiero, City Attorney's Office Minutes of the Regular Meeting of September 15, 1982, Approved as Published. Authority member Long made a motion, seconded by Authority member Bujack, to approve the minutes of the regular meeting of September 15, 1982, as published. The Chairman put the motion with the following votes: Yeas: Bujack, Long, and Wilson. Abstain: Seegmiller. Renewal Application for Wine Cellar, 3400 South College Avenue Authority member Long made a motion, seconded by Authority member Bujack, to approve the renewal for Wine Cellar, 3400 South College Avenue. The Chairman put the motion to vote which was unanimously adopted. New Application Accepted for a 3.2% Fermented Malt Beverage License for B. J.'s Market, 402 Linden Mr. Jesse Godinez, co -applicant stated the boundaries are acceptable. Authority member Long made a motion, seconded by Authority member Bujack, to accept the boundaries as proposed by the administration and set the final hearing for November 10, 1982. The Chairman put the motion which was unanimously adopted. -2- October 13, 1982 New Application Accepted for a Retail Liquor Store License for Pringle Brother Fine Wines and Spirits, 2160 West Drake, Road B-7 Authority member Long made a motion, seconded by Authority member Bujack, to accept the application and set the preliminary hearing for November 10, 1982, and the final hearing for December 8, 1982. The Chairman put the motion which was unanimously adopted. Preliminary Hearing for a 3.2% Fermented Malt Beverage License for Pobre Panchos, 1802 North College Avenue The boundaries as proposed by the administration were as follows: North from the subject premises to City limits. West from the subject premises to City limits and Wood Street. South from the subject premises to Mountain Avenue extended East to Lincoln. East from the subject premises to City limits. Mr. Frank Perez, applicant, stated the boundaries are acceptable. Authority member Long made a motion, seconded by Authority member Bujack, to accept the boundaries as proposed for Pobre Panchos, 1802 North College Avenue. The Chairman put the motion to vote which was unanimously adopted. Extended Hours Approved for Linden's, 214 Linden Street Tom Short, secretary for the corporation, and Gordon Scherbinske, president of the corporation, were present. Mr. Scherbinske stated a few months ago they tranferred the liquor license from Kimsey's bar to the S-3 Corpora- tion. He explained that they did not apply for the extended hours provi- sion at the time of the transfer because of the expense involved. Authority member Long made a motion, seconded by Authority member Bujack, to approve the extended hours for Linden's, 214 Linden Street. . The Chairman put the motion to vote which was unanimously adopted. -3- Registration of Manager Old Chicago, 147 South College Avenue October 13, 1982 Mr. Michael Konopik, manager of Old Chicago, was sworn, and spoke briefly of his background. He stated he has had experience working for Concept Restaurants as a bartender and cook in Boulder. Recently, he stated he has been working as assistant manager and is now working as the general manager for Old Chicago in Fort Collins. Mr. Konopik stated he makes sure all of his employees are trained on the liquor laws. He explained that the res- taurant has a training manual and each employee is tested on the policies in the manual. Officer Frank Russell reported that the fingerprints on Mr. Konopik have been received from the CBI and are clear. Authority member Long made a motion, seconded by Authority member Bujack, to approve the registration of manager for Michael Konopik at Old Chicago, 147 South College Avenue. The Chairman put the motion to vote which was unanimously adopted. Registration of Manager Bananas, 3500 South College Avenue Mr. Kendall Lee Higgins, manager of Banana's, was sworn, and spoke briefly of his background. He stated most of his restaurant experience has been in food preparation. However, he stated he has worked into the general manager position at the Banana's restaurant in Fort Collins. He added that. he is still training under the previous manager. Mr. Higgins explained that he will have an assistant manager who will be responsible for training the bartenders, cocktail waitresses, etc. He stated he is responsible for employees' supervision, conduct of management meetings, control over beverage service, etc. Mr. Higgins stated he feels the management en- courages spot checks made by the Police Department. Officer Frank Russell stated that his memo to the Board points out an incident which occurred on September 20th involving Mr. Higgins. He stated Mr. Higgins was arrested for disorderly conduct while intoxicated. Mr. Higgins was on the premises of Banana's restaurant at the time. Mr. Higgins stated he has been undergoing some personal problems involving a divorce. He added that he has received some counseling. Mr. Higgins then stated that he no longer drinks and if he should, he will not drink on premises at Banana's. Mr. Higgins assured the Board that this will not be a problem in the future. -4- October 13, 1982 Authority member Long made a motion, seconded by Authority member Bujack, to approve the registration of manager for Kendall Lee Higgins at Banana's, 3500 South College Avenue. The Chairman put the motion to vote which was unanimously adopted. Transfer of Ownership Approved for The Bottle Broker, 111 West Monroe Drive Mr. Eloy (Corky) Ortega, general partner, was sworn and stated that BTL, Ltd. is a limited partnership formed basically to accommodate financial requirements. Mr. Ortega explained that they originally transferred the license into his name only, due to time restraints, and that they are now transferring the license to the permanent entity, BTL, Ltd. He stated that the limited partners are strictly investors and that they are not involved in the day -to -daffy operations of the business. He explained that he is the general partner and maintains control over the entire operation. Mr. Ortega stated he spends 4-5 evenings per week on the premises of the store. He explained that he is involved in the hiring and training of new employees. The assistant manager also is responsible for training of employees. Authority member Bujack made a motion, seconded by Authority member Long, to approve the transfer of ownership from E1oy U. Ortega to BTL, Ltd., dba. The Bottle Broker, 111 West Monroe Drive. The Chairman put the motion to vote which was unanimously adopted. Transfer of Ownership Approved for (formally Lift Ticket), 181 North College Avenue Melissa Corr, owner, was sworn and stated that on February 11, 1982, she entered into.a management agreement with the estate of Albert E. Goodwin. Ms. Corr then explained the financial arrangements in purchasing the busi- ness. Ms. Corr explained that she has worked at Mishawaka Inn since 1974. She explained that her husband, Jim Corr, owns Mishawaka Inn. She stated, however, that she has no financial interest in Mishawaka Inn. Ms. Corr stated that her husband will assist her in hiring and training of employ- ees, ordering, etc. She stated she has an assistant manager who will also train the employees. Authority member Long made a motion, seconded by Authority member Bujack, to approve the transfer of ownership from the estate of Albert E. Goodwin, III, to Melissa Corr, dba the Sports Page, 181 North College Avenue. The Chairman put the motion which was unanimously adopted. • •. -5- October 13, 1982 Final Hearing on a Hotel -Restaurant License for L'Alouette, 334 East Mulberry The Resolution outlining the results of the preliminary hearing was read by title only. Authority member Long made a motion, seconded by Authority member Bujack, to adopt the Resolution as presented. The Chairman put the motion which was unanimously adopted. Mr. Sam Smyrl and Josette Smyrl, 1013 Wagonwheel Drive, Fort Collins, Colorado, were sworn and spoke briefly of their backgrounds. Mr. Smyrl stated they have operated the cafe since December 1981. He explained that they operate a small French cafe located in the Arthur House. Mrs. Smyrl stated their hours are from 7:00 a.m. to 5:00 p.m. Tuesday through Saturday and from 9:00 a.m. to 2:00 p.m. on Sunday. They stated they may be extend- ing their hours on Friday and Saturday evening. She stated their menu consists of french specialities, quiche, croissants, rolls, sandwiches, etc.. The Smyrls stated they jointly manage the restaurant and one of them, if not both, is always on the premises. Mr. Smyrl explained that he will be responsible for serving the wine. He stated, however, that any other employee serving wine will be closely supervised. It wasnotedthat all of their employees are over 21 years old. They explained that they are familiar with the laws and that they will train all of their employees on the liquor laws. Mr. Smyrl spoke briefly of the floor plan. He stated they have a total of 46 seats, including the private dining area. It was noted that the liquor will be stored in the basement, which was not included on the floor plan. The Smyrls stated that they emphasized the fact that they will not be running a bar when talking to people in the neighborhood. They stated that they are interested in obtaining the license to compliment their menu.• The Smyrls went on to explain that they circulated the petitions in the immediate neighborhood and obtained signatures from customers at the restaurant. Mr. Smyrl stated that the response from the neighborhood was supportive and very much in favor of the license. A total of 106 signa- tures were received from the neighborhood and 44 from the restaurant. Authority member Long stated he feels more signatures should have been received but that because the signatures were received from the immediate neighbors, he would approve the license. Authority member Bujack made a motion, seconded by Authority member Long, to approve the Beer and Wine License for L'Alouette French Cafe, 334 East Mulberry. -6- October 13, 1982 The Chairman put the motion to vote which was unanimously adopted. Final Hearing on a 3.2% Fermented Malt Beverage License for Safeway, 2160 West Drake Road Mr. John Hutchings, attorney representing the applicant, called his first witness. Mr. Henry Cominello, 4650 West 66th Avenue, Arvada, Colorado, was sworn, and stated he is the district manager for Safeway Stores. Mr. Cominello stated the store is scheduled to open mid -January, 1983. The hours will be 7:00 a.m. to 11:00 p.m. He stated that a manager has not been selected for the store at this time. He then spoke of the training procedure the new manager will go through once he is hired. Mr. Cominello stated that it is the store policy to terminate any employee who sells beer to a minor. He stressed that the manager's role is to closely supervise all employees, making sure that employees strictly adhere to all rules and regulations of the beer code. Mr. Cominello stated that Safeway hires no checkers under the age of 18 years. Mr. Jim Haskin, 2437 West Stuart, Fort Collins, Colorado, was sworn, and stated he is a resident of the defined neighborhood area. Mr. Haskins stated he feels the neighborhood needs a 3.2% fermental malt beverage at this location and desires to see the license issued. Mr. Paul Orona, 2549 West Stuart, Fort Collins, Colorado, was sworn, and stated he is a resident of the defined neighborhood area. He stated he feels it would be convenient to buy beer with groceries and desires to see the license issued. Mr. Bill Burger, 801 Parkview Drive, Fort Collins, Colorado, was sworn, and stated he will have a self -serve laundromat located in the shopping center. Mr. Burger stated he feels there is a need for the beer license in the area. Mr. Bob Lucas, resident of Silverplume Condominiums, was sworn, and stated he resides in the neighborhood. Mr. Lucas stated he is the developer of the shopping center, as well as the managing agent. He stated he feels there is a need for the license to be granted. Mr. Max Scott, owner of Oedipus, Inc., 2902 5th, Boulder, Colorado, was sworn and stated that his company conducted the petitioning for the 3.2% fermented malt beverage license at Safeway. Mr. Scott explained the procedure and described how the survey was conducted. Applicants Exhibit 1 -7- October 13, 1982 was submitted and identified as the report outlining the total results of the survey. Applicants Exhibit 2 was submitted and identified as five different petitions circulated by employees of Oedipus, Inc. Mr. Scott stated approximately 316 people signed in favor of the license, or 71%. He went on to say that he feels a 3.2% off premise license is the hardest license to get. He added that the average figure falls between 45-60%, therefore, 71% would be considered high for this type of license. Mr. Hutchings called Mr. Cominello to explain the floor plan to the Authority. It was noted that the beer cooler will be located in the rear of the store. Authority member Long made a motion, seconded by Authority member Bujack, to approve the 3.2% fermented malt beverage license for Safeway, 2160 West Drake Road. The Chairman put the motion to vote which was unanimously adopted. Police Report Officer Frank Russell stated he sent a letter of concern to the Sportsman Bar in reference to the several complaints received on primary election day. He stated it is believed, but not known for sure, that the bar was open and serving during polling hours. Officer Russell stated he also issued a letter of concern to Gene's Tavern in reference to minors being in the establishment. He stated officers went to the bar on a disturbance and noticed the minors. Officer Russell then requested a show/cause hearing for the Electric Stampede, 242 Linden, for a violation occurring on October 7, 1982. Authority member Long made a motion, seconded by Authority member Bujack, to schedule a show/cause hearing for the Electric Stampede, 242 Linden, for November 10, 1982. The Chairman put the motion to vote which was unanimously adopted. Adjournment Authority member Bujack made a motion, seconded by Authority member Long, to adjourn. ME The meeting was adjourned at approximately 9:55 M. in man ecretary October 13, 1982