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HomeMy WebLinkAboutLiquor Licensing Authority - Minutes - 08/25/1993LIQUOR LICENSING AUTHORITY MINUTES Regular Meeting —;August 25, 1993 6:30 p.m. Council Liaison: Bob Winokur 11 Staff Liaison: Rita Knoll Harris A regular meeting of the Liquor Licensing Authority was held on Wednesday, August 25, 1993, in the Council Chambers of the Fort Collins Municipal Building. The following members were present: Mael, Norton, Poncelow, Schroeer, and Wawro. Authority Member Absent: Cooper and Crowfoot. Staff Members Present: Marty Heffernan, City Attorney's Office Rita Knoll Harris, City Clerk's Office Sandy 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. 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. Report of Change of Corporate Structure for T.D.M.H.. Inc.. dba Archer's 3524 South Mason. T.D.M.H., Inc., the tavern licensee for Archer's, 3524 South Mason, is reporting a change in shareholders. Tom Goll, who previously held 12.5% of the stock, no longer holds any shares. The 12.5 shares have been distributed to several people, none of which hold more than 5%. This application also reflects that Jeffrey Miller, currently a director and shareholder in the corporation, is replacing Michael Billiot as manager of the establishment. Authority member Schroeer made a motion, seconded by Authority member Poncelow, to adopt and approve all items not removed from the Consent Calendar. Yeas: Mael, Norton, Poncelow, Schroeer, and Wawro. Nays: None. THE MOTION CARRIED. • • August 25, 1993 Report of Change of Corporate Structure and Registration of Manager for Washington's Bar and Grill. 132 LaPorte Avenue, Approved James Sterling, Manager, and Secretary/Director of Mountain Fare, Inc., stated he has not had a liquor violation since becoming General Manager. He spoke of a violation at his establishment in Hawaii and commented changes have been made to assure future violations do not occur. He spoke of liquor control at Washington's, and noted minors are cleared from the building at 8:00 p.m. He stated two doormen are always on duty and spoke of the liquor training provided to employees. Mr. Sterling spoke of Washington's fake ID incentive program, noting staff is paid $10 for each fake ID confiscated. He stated an average of 10 or 15 illegal ID's are confiscated weekly. He explained an incident in California when he was charged with illegal sales (ticket scalping) and answered questions from the Authority regarding past DUI's. He spoke of his efforts to familiarize himself with Colorado liquor laws. Authority member Poncelow made a motion, seconded by Authority member Schroeer, to accept the report of change of corporate structure and approve James Sterling as manager of Washington's Bar and Grill. Yeas: Mael, Norton, Poncelow, Schroeer, and Wawro. Nays: None. THE MOTION CARRIED. Consideration of an Application from High Plains Arts, Inc., dba Friends of Traditional Dance, for Special Events Permits at the Lory Student Center on October 16, 1993 and May 7. 1994, Approved Randy Lumb, representing Friends of Traditional Dance, spoke of past programs and reported on the growth of the group. He stated there have not been any incidents at past events and commented that very few underage people attend the event. He stated any person who appears to be 21 years old or under is asked for identification. Authority member Schroeer suggested a means of identification be implemented to identify security personnel. Authority member Mael made a motion, seconded by Authority member Schroeer, to accept the application for a Special Events Permit. Yeas: Mael, Norton, Poncelow, Schroeer, and Wawro. THE MOTION CARRIED. 9 0 August 25, 1993 Consideration of Applications from the Eyeopeners Kiwanis Club of Fort Collins for Special Events Permits for Oktoberfest on September 25, 1993 at Oak Street Plaza and Old Town Square Approved Bill Thieman, Event Manager, reported the event is in its 14th year and commented that no problems have been encountered in the past. He noted the event has been held at the Oak Street Plaza for 14 years, and at the Old Town location for the past 4 years. He stated the program is the same at both locations and off -duty police officers will provide security. Authority member Mael made a motion, seconded by Authority member Schroeer, to approve the application for special events permits on September 25, 1993 at Oak Street Plaza and Old Town Square. Yeas: Mael, Norton, Poncelow, Schroeer, and Wawro. Nays: None. THE MOTION CARRIED. Hearing on a New Application for a Hotel -Restaurant License at Pour la France!. 100 West Mountain, Approved Tom Schmittling, owner, was sworn. He spoke of Pour la France's background and stated there are 7 locations. He described the establishment as a full service restaurant and bar, serving breakfast, lunch and dinner. He estimated liquor sales at approximately 7-10% and indicated happy hours and drink specials would not be offered. Mr. Schmittling clarified a 3 foot steel rail with a canvas awning would surround the patio seating. He stated wait staff would be on the patio at all times and a manager would be at the door. He stated the restaurant would seat 88 inside and 55 outside. He spoke of the corporation's alcohol training. Nell Swiers, Market Service Associates, was sworn. She indicated she had submitted exhibits to the Assistant City Attorney. Assistant City Attorney Marty Heffernan stated Applicant's Exhibit A, identified as a summary of the petition results, and Applicant's Exhibits B, C, D, and E, identified as petitions, are admissible into evidence. Ms. Swiers described the petitioning process and summarized the results. She indicated 128 signatures (94.1%) were obtained in support of the license, with 8 signatures (5.9%) in opposition. Authority member Poncelow urged that special attention be paid to the patio area. Authority member Mael made a motion, seconded by Authority member Schroeer, to adopt Resolution 93-09 approving the application of PLF-Fort Collins, LLC, for a hotel -restaurant license at Pour la France!, 100 West Mountain. Yeas: Mael, Norton, Poncelow, Schroeer, and Wawro. Nays: None. • 0 August 25, 1993 THE MOTION CARRIED. Resolution Making Findings Regarding the Denial of a Request from MCP, Inc. to Change, Alter, or Modify the Premises at 1220 West Elizabeth, Approved Authority member Schroeer made a motion, seconded by Authority member Wawro, to adopt Resolution 93-10 setting out findings regarding the denial of a request from MCP, Inc., doing business as Tangz, 1220 West Elizabeth, to alter, modify or change premises. Yeas: Mael, Norton, Poncelow, Schroeer, and Wawro. Nays: None. THE MOTION CARRIED. Police Report Pitchers Officer Troy Krenning reported to the Authority regarding an alleged violation at Pitchers, 1100 West Drake Road, on August 24, 1993. He stated he was off -duty when he met some friends at Pitchers at approximately 8:25 p.m. He stated he observed several individuals in the establishment who appeared to be high school students. He stated one youth was participating in a hamburger eating contest and a lot of noise and commotion was being generated by those who were urging him on. He indicated that although he suspected at least one of kids was drinking beer, he did not believe he could prove it. Officer Krenning stated after the contest, the youth involved in the contest and his friends joined another party in a separate section of the establishment. He reported partitions were pulled around the southwest corner of the establishment, isolating the group from patrons, staff and management. He noted a young woman and a man with a boom box entered the sealed off area. He stated he heard loud music and cheers in the room and believed a strip tease show was in progress. He stated he contacted Dispatch and requested a uniformed officer to assist him in investigating. He stated he and Officer Marni Collins entered the room and asked everyone to produce identification. He stated the hamburger contest participant and his friends were in the room and there was no evidence the youths had been drinking. Officer Krenning indicated that while questioning the youth involved in the contest, he informed him there was skin to skin contact between the stripper and a spectator. Officer Krenning stated he spoke to the on -duty manager who confirmed that his boss had arranged for the party. He stated the on -duty manager noted the stripper was originally going to perform in the open area; however, the stripper did not feel comfortable and requested performing her routine in a quiet secluded area. He indicated he discussed the liquor code with the on -duty manager as it relates to morale and decent conduct and expressed concerns to the on -duty manager regarding the lack of control in the establishment. He stated the registered manager, Doug Wentzel, was contacted but was unavailable to come to the establishment. • • August 25, 1993 Officer Krenning stated based on his observations and the information provided he believes a violation occurred to Regulation 47-105.1, Sections (A), (B) and (C) as it relates to conduct allowed within a licensed establishment. He requested the Authority order the owners to appear to show cause why their license to sell and serve alcohol should not be suspended or revoked. Authority member Schroeer made a motion, seconded by Authority member Poncelow, to hold a show cause hearing for Pitchers, 1100 West Drake. Authority member Poncelow questioned if it were necessary to specify which parts of Regulation 47-105.1 were violated. Assistant City Attorney Marty Heffernan stated the sections of the Code should be specified. Authority member Schroeer stated when the license was granted, the applicant portrayed the establishment as a family -type atmosphere and noted this was clearly not so. Authority member Wawro questioned the lack of a written report and stated he would support a show cause hearing if specific names of witnesses were available. He suggested tabling the motion until the incident report had been reviewed by the Authority. He noted no first hand information of any liquor law violation or improper conduct between the dancer and the spectator had been received. Authority member Norton spoke of the need to expedite the process. Assistant City Attorney Marty Heffernan stated it was the Authority's decision to determine if there is sufficient evidence presented to justify a show cause hearing. Officer Krenning stated he anticipated the only witness to be subpoenaed would be the youth involved in the contest. Authority members Schroeer and Poncelow withdrew their motion. Authority member Mae] made a motion that probable cause has been established for a show cause hearing for Pitcher's, 1100 West Drake Road, for an alleged violation of Regulation 47-105.1.A. THE MOTION DIED FOR LACK OF A SECOND. Authority member Wawro made a motion, seconded by Authority member Schroeer, that probable cause had been established for a show cause hearing for Pitcher's, 1100 West Drake Road, for alleged violation of Regulation 47-105.1.A. and 47- 105.1.B.3. After discussion with the Authority, Authority member Wawro offered an amendment to his previous motion to add Regulation 47-105.1.C.1.(b). Authority member Schroeer, as second to the original motion, accepted the amendment as a friendly amendment. Yeas: Mael, Norton, Poncelow, Schroeer, and Wawro. Nays: None. • • August 25, 1993 THE MOTION CARRIED. Authority member Mael made a motion, seconded by Authority member Poncelow, to authorize the City Attorney to issue subpoenas to the appropriate witnesses to be identified by Officer Krenning and to instruct the City Clerk's Office to prepare verbatim minutes from the June 1993 meeting when the license for Pitcher's was granted. Yeas: Mael, Norton, Poncelow, Schroeer, and Wawro. Nays: None. THE MOTION CARRIED. Sportsmans Boss Hoggs Officer Joel Tower outlined an alleged violation at Sportsmans Boss Hoggs, 210 Walnut, for serving an intoxicated person. He requested the Authority find probable cause exists to schedule a show cause hearing for alleged violation of Regulation 47-105.1.A. and Section 12-47-128(5)(a)(I), C.R.S. Officer Tower requested the Authority authorize the issuance of subpoenas to appropriate witnesses. Authority member Poncelow, made a motion, seconded by Authority member Schroeer, to find that probable cause exists to schedule a show cause hearing for Sportsmans Boss Hoggs, 210 Walnut, and to authorize the City Attorney to issue the subpoenas. Yeas: Mael, Norton, Poncelow, Schroeer, and Wawro. Nays: None. THE MOTION CARRIED. Officer Tower reported the New West Fest went well with a few minor incidents. Other Business Election of Officers Authority member Poncelow nominated Authority member Norton as Chairperson. Authority member Mael nominated Authority member Wawro as Chairperson. Secretary Harris polled each member for his/her vote: Mael: Wawro Norton: Wawro Poncelow: Norton Schroeer: Norton Wawro: Norton Authority member Norton was elected as Chairperson. Authority member Poncelow made a motion, seconded by Authority member Norton, to elect Authority member Wawro as Vice -Chairperson. Yeas: Mael, Norton, Poncelow, Schroeer, and Wawro. Nays: None. THE MOTION CARRIED. 0 • August 25, 1993 Adjournment Authority member made a motion, seconded by Authority member Poncelow to adjourn. Yeas: Mael, Norton, Poncelow, Schroeer, and Wawro. Nays: None. THE MOTION CARRIED. The meeting was adjourned at approxima ecretary�L'/�S