HomeMy WebLinkAboutLiquor Licensing Authority - Minutes - 06/23/1993I
A regular meeting of the Liquor Licensing Authority was held on Wednesday, June
23, 1993, in the Council Chambers of the Fort Collins Municipal Building. The
following members were present: Cooper, Crowfoot, Mael, Poncel ow, Schroeer, and
Wawro. (Authority member Norton arrived at approximately 6:35 p.m.)
Staff Members Present: Rita Knoll Harris, City Clerk's Office
John Duval, City Attorney'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.
PAP
This is a request from MCP, Inc., the tavern licensee for Tanquerayz,
1220 West Elizabeth, to change the trade name of the establishment to
Tangz.
3. Transfer of Ownership of Godfather's Pizza 4010 South College
This is a request to transfer the ownership of Godfather's Pizza, 4010
South College, from Mark -Four Partnership to G.F. Four Investments, Inc.
Police Investigator Sandy Gibson requested Item #3, Transfer of Ownership of
Godfather's Pizza, 4010 South College, be removed from the Consent Calendar.
Authority member Cooper made a motion, seconded by Authority member Schroeer,
to adopt and approve all items not removed from the Consent Calendar. Yeas:
Cooper, Crowfoot, Mael, Poncelow, Schroeer, and Wawro. Nays: None.
THE MOTION CARRIED.
• June 23, 1993
Transfer of Ownership of Godfather's
Pizza, 4010 South College. Tabled to July
Police Investigator Sandy Gibson informed the Authority that when she originally
ran a computer check on the parties involved with this application, Dennis
Gano's record revealed an item for bank fraud and misapplication. She indicated
she spoke with an FBI agent in Cedar Rapids, Iowa where the incident took place.
She stated the FBI agent indicated that the matter had been handled at a pre-
trial disposition and that it could not be used in consideration of a liquor
application. She stated based on that conversation, she prepared a report to
the Authority indicating nothing was found other than what was reported by each
person involved in this application. Ms. Gibson stated after the agenda was
prepared, the FBI agent called to inform her that the information could be used
in this situation. She stated Mr. Gano apparently completed the terms of his
pre-trial agreement as of May 1993. She stated technically, the incident should
be erased from the record, but the FBI keeps the information in its records for
3 years. Ms. Gibson stated she contacted Mr. Gano who indicated that he
understood the item would be removed from his record immediately upon completion
of the pre-trial agreement and he didn't list it for that reason. Ms. Gibson
stated she believes the Authority should be made aware of this information,
noting she believes there was a miscommunication between the FBI and Mr. Gano.
Authority member Cooper made a motion, seconded by Authority member Wawro, to
table this item to the next regular meeting, and to direct staff to contact Mr.
Gano requesting his appearance at that meeting.
Secretary Rita Harris pointed out that Mr. Gano lives in Iowa.
Authority member Cooper stated he believes it is important to get more
information on this matter and stated he would be willing to talk with a
representative who is knowledgeable about the matter.
The vote on Authority member Cooper's motion was as follows: Yeas: Cooper,
Crowfoot, Poncelow, Schroeer, and Wawro. Nays: Mael.
THE MOTION CARRIED.
(Secretary's Note: Authority member Norton arrived at this point.)
Registration of James Bowden as Manager
of Chesterfield, Bottomsley and Potts
Clubhouse, 1427 West Elizabeth Approved
James Bowden, manager, spoke of his background and experience with the sale of
alcoholic beverages. He stated he has never been involved in a liquor violation
at Potts or Fort Ram. Mr. Bowden described training provided to employees and
indicated it is their policy to card everyone. He stated during high volume
periods, there will be a doorman on duty. He addressed how they plan to prevent
alcohol from being carried between this establishment to the original Potts.
• • June 23, 1993
Authority member Poncelow made a motion, seconded by Authority member Cooper,
to approve James Bowden as manager or Chesterfield, Bottomsley and Potts
Clubhouse, 1427 West Elizabeth. Yeas: Cooper, Crowfoot, Mael, Norton,
Poncelow, Schroeer, and Wawro. Nays: None.
THE MOTION CARRIED.
Transfer of Ownership of Marsanne's
Cafe, 400 South Meldrum, and Trade
Name Change to Magnolia Cafe, Approved
Authority member Mael stated he is an acquaintance of Mr. Konkel and stated he
did not believe it would influence his decision in this matter.
Doug Konkel, attorney representing Barnes, Inc., introduced himself and Anthony
Barnes. He stated Mr. Barnes is sole shareholder, sole director, and president
of Barnes, Inc., as well as the person responsible for the on -site management
of the establishment. Mr. Konkel stated the establishment just passed
inspection by the Health Department and is ready to open under the temporary
liquor permit issued by the City Clerk's Office. He stated he has discussed
with the applicants the state and local liquor codes as well as appropriate
procedures for assuring compliance with those laws. He provided the Authority
with a copy of the menu.
Anthony Barnes, president of Barnes, Inc., stated he has no prior experience
with the sale of alcohol. He indicated he is scheduled to attend a TIPS class
next week. He stated the former manager of Marsanne's was retained to assist
them in managing the establishment.
Mr. Barnes stated the establishment is primarily designed for food service and
stated there will be a service bar only for alcoholic beverages. He stated the
operation of the establishment will be similar to Marsanne's with the exception
of the menu change. He estimated that the percentage of alcohol sales would
remain similar, although they intend to focus more on food. Mr. Barnes stated
there will be some cosmetic changes made to the establishment. In response to
a question from the Authority, Mr. Barnes stated the traffic violations listed
in his background investigation questionnaire were not alcohol -related. He
stated his driver's license has been reinstated.
Mr. Konkel stated he would like to submit to the Authority a copy of the
reinstatement form.
Assistant City Attorney John Duval stated Applicant's Exhibit A, identified as
a copy of the reinstatement form, was admissible into evidence.
Authority member Cooper made a motion, seconded by Authority member Schroeer,
to approve the transfer of ownership of Marsanne's Cafe, 400 South Meldrum, from
Peter Kaplan to Barnes, Inc., and trade name change to Magnolia Cafe. Yeas:
Cooper, Crowfoot, Mael, Norton, Poncelow, Schroeer, and Wawro. Nays: None.
THE MOTION CARRIED.
• June 23, 1993
(Secretary's Note: Authority member Cooper left the meeting at this point.)
Hearing on a New Application for a
Hotel -Restaurant License at Pitchers,
1100 West Drake Road ADproved
Herbert Lee, president of Pitchers, Inc., was sworn. He stated Pitchers, Inc.
has been in business for 4 years in Aurora and noted there have been no liquor
violations at that establishment. He stated this establishment will be a
family -oriented, sports -concept restaurant. He stated the food will be casual
American and offered the Authority a menu to review.
Assistant City Attorney John Duval stated the menu, marked as Applicant's
Exhibit F, was admissible into evidence.
Mr. Lee spoke of the location of the establishment and its appeal to the
neighborhood. Mr. Lee stated the family nature of the neighborhood appealed to
them when choosing a location. He stated the manager of the establishment,
Douglas Wentzel, would appear before the Authority at the next meeting for
approval. He stated Mr. Wentzel and his associate, Rick Thomas, were previously
employed at the University Park Holiday Inn. He noted Mr. Wentzel was formerly
a police officer in Grand Junction, and Mr. Thomas is a certified TIPS trainer.
Mr. Lee described the physical premises, noting 60% of the establishment will
be used for restaurant seating and 40% for games such as pool, darts,
shuffleboard, etc. In response to a question from the Authority, Mr. Lee stated
the restaurant area will have a floor area which can be used for Karaoke and
other live entertainment. He pointed out that an outdoor patio area is being
constructed on the south side of the building. He approached the Authority with
a floor plan of the establishment and pointed out different areas of the
establishment.
In response to questions from the Authority, Mr. Lee stated the current ratio
of liquor and food sales in the Aurora establishment is 65% liquor and 35% food.
He noted that the nature of the Aurora establishment is significantly different.
He estimated the Fort Collins establishment to realize a minimum of 55% in food
sales. He stated the patio area will be enclosed by a 4-foot wrought iron fence
with 4 brick columns. He stated the patio area was designed so that it is away
from the parking area and pedestrian traffic. He indicated that the patio area
will be monitored by an employee at all times. He stated the patio is set back
from the sidewalk 18 feet. Mr. Lee stated they do not intend to have live bands
at this time, but would like to reserve the option to do so in the future. He
noted that food will be served in the game area as well as the restaurant area.
Lorry Hanson, vice-president of Pitchers, Inc., was sworn. He described the
game room, noting there will be approximately 6 pool tables with sit-down tables
in between and around the exterior walls of the room.
Mr. Lee stated the establishment will be open from 11 a.m. to 2 a.m. everyday
except Sundays, when they will close at midnight. He acknowledged the closeness
of Rocky Mountain High School and stated students are welcome to frequent the
establishment for lunch.
• • June 23, 1993
Max Scott, Oedipus, Inc., was sworn. He described the petitioning process and
submitted related documents to the Authority.
Assistant City Attorney John Duval stated Applicant's Exhibit A, identified as
a summary of the petition results, and Exhibits B, C, D, and E, identified as
petitions, were admissible into evidence.
Mr. Scott summarized the results of the petitioning effort, noting 139 (80%)
individuals signed in favor of issuance of the license, with 34 signing in
opposition. He testified these results are approximately 5 points higher than
a typical survey.
(Secretary's Note: Three individuals appeared to testify on behalf of the
application. Only one individual, Sandy Coulson, was qualified as being a
resident of the neighborhood.)
Sandy Coulson, 2828 Silverplume, was sworn. She stated she is the office
manager for Wheeler Realty which is located across the street from the
establishment. She spoke of the benefit this establishment will provide to the
40 individuals working at Wheeler Realty. She stated she believes the sports
theme of the establishment fits well with the neighborhood.
In response to additional questions from the Authority, Mr. Lee stated the
Aurora Pitchers is not located in a similar college community. He stated they
hope to attract 21-year-old college students, although they do not plan to have
"college nights" or 2-cent draw nights. He stated they will have limited drink
specials. Mr. Lee explained the circumstances surrounding denial of a 3.2% beer
license in Aurora.
Authority member Schroeer made a motion, seconded by Authority member Norton,
to adopt Resolution 93-05 approving the application of Pitchers, Inc., dba
Pitchers, for a hotel -restaurant license at 1100 West Drake Road.
Authority member Poncelow advised Mr. Lee that the establishment is located at
one of the most dangerous intersections in Fort Collins where there have been
many alcohol -related accidents. She stated this does not seem, in her opinion,
to be a family restaurant concept. She cautioned that families will not
frequent the establishment if it appears to be a bar designed for 21-year-old
college students.
Authority member Crowfoot stated as a resident of the neighborhood, she is
concerned about the type of business in that area. She expressed hope that the
high school kids will not find this to be an attractive place for lunch or
after -school gathering.
Authority member Mael stated that sports -oriented establishments typically draw
a large college crowd.
Authority member Schroeer made Mr. Lee aware of past problems with family -
oriented restaurants that have turned into rowdy establishments. He stated he
believes this is a good use for this facility. He stated he believes the
location of the establishment in a largely residential area will reduce some of
the vehicle traffic required to frequent the establishment. He encouraged them
• June 23, 1993
to pay close attention to a patron's ability to walk or drive when leaving the
establishment.
The vote on Authority member Schroeer's motion was as follows: Yeas: Crowfoot,
Mael, Norton, Poncelow, Schroeer, and Wawro. Nays: None.
THE MOTION CARRIED.
Hearing on a New Application for a
Hotel -Restaurant License at BW-3,
1240 West Elizabeth, Approved
John Ricketts, president of Settler's Table, Inc., and John Skeens, franchise
consultant, introduced themselves and were sworn.
Mr. Ricketts stated BW-3 is a restaurant specializing in chicken wings. He
estimated 25-35% of sales is alcoholic beverages. He stated the establishment
will be open from 11 a.m. to 2 a.m. Mr. Ricketts indicated the establishment
will seat 120 to 130 people and acknowledged the presence of a bar area. He
described the plans for the patio area on the front side of the establishment
(along Elizabeth Street). He stated the patio will be a raised deck seating 25-
30 people.
Mr. Skeens stated the franchise is primarily a counter -service restaurant. He
stated a shift manager will be on duty at all times in the front, as well as two
doormen stationed at the front entrance and the patio door.
Mr. Ricketts approached the Authority with a copy of the menu. He noted that
the menu does not list alcoholic beverages.
Mr. Skeens stated they predominantly serve a 23 ounce Pilsner. He stated an ID
is required for every glass provided with a pitcher. He stated after 8 p.m.
each evening, ID's will be checked at the door and those eligible to drink will
be given a permanent black stamp, while those who are underage will get a red
stamp. Mr. Skeens stated if a person with a red stamp is seen drinking they
will be asked to leave the premises immediately. In response to a question from
the Authority, Mr. Skeens stated most of the franchises are in college areas.
Mr. Ricketts clarified that the basement area will be used for office and
storage space.
Nell Swiers, Market Service Associates, was sworn. She submitted petition
documents to the Assistant City Attorney for review.
Assistant City Attorney John Duval stated Applicant's Exhibit A, identified as
a summary of the petition results, and Applicant's Exhibit B, identified as a
map of the area petitioned, were admissible into evidence.
Ms. Swiers described the petitioning process and summarized the results of the
petition effort. She stated 164 (76.3%) persons signed in support of the
application, with 51 (23.7%) signing in opposition.
• • June 23, 1993
Assistant City Attorney Duval stated Applicant's Exhibits C and D, identified
as the petitions, were admissible into evidence.
Mr. Skeens described the franchise training program for employees. He stated
the bartenders and waitstaff will be TIPS trained. He offered into evidence a
notebook containing training materials, an operations manual, and a history of
liquor violations at other franchise locations.
Assistant City Attorney Duval stated the notebook, identified as Applicant's
Exhibit E, was admissible into evidence.
In response to a question from the Authority, Mr. Ricketts stated BW-3 stands
for Buffalo Wild Wings and Weck. He spoke of prior business ventures, noting
he most recently owned Settler's Table Restaurant in Charlotte, North Carolina
where they served beer and wine.
Authority member Schroeer spoke of the heavy student population in the location
of the establishment and stated there will be a major attempt by underage people
to get into the establishment. He urged Mr. Ricketts to be very vigilant about
controlling underage consumption.
Authority member Mael made a motion, seconded by Authority member Norton, to
adopt Resolution 93-06 approving the application of Settler's Table, Inc. for
a hotel -restaurant license at BW-3, 1240 West Elizabeth. Yeas: Crowfoot, Mael,
Norton, Poncelow, Schroeer, and Wawro. Nays: None.
THE MOTION CARRIED.
Hearing on a New Application for
a Club License at Eagles Club
#4021, 302 North Meldrum. Approved
(Secretary's Note: This item was withdrawn from the agenda at the request of
the applicant.)
Show Cause Hearing for Sportsmans
Boss Hoags, 210 Walnut, Postponed
Alford Johnson, attorney representing Thomas Wahlberg, licensee, introduced
himself. He stated Mr. Wahlberg is out of the country and unable to attend this
hearing. He stated he has a limited power of attorney from Mr. Wahlberg which
authorizes him to negotiate and make stipulations with regard to this matter.
Mr. Johnson asked the Authority to reconsider the stipulation agreement which
was presented to the Authority at its May meeting and which was turned down.
He stated it was his understanding that the Authority's decision to deny the
stipulation agreement was based, in part, on the fact that Mr. Wahlberg was not
present at that meeting. He noted that Mr. Wahlberg has indicated that the City
Attorney advised him that his appearance was not required. He urged the
Authority to reconsider the stipulation agreement. Mr. Johnson asked the
Authority, if it chooses not to reconsider the stipulation agreement, to order
the issuance of subpoenas. He asked that Jody Carter be subpoenaed and ordered
• • June 23, 1993
to appear at the hearing dressed as she was dressed on the night of the
incident, wearing the same make-up. He also asked that both of the officers
(Joel Tower and Dan Murphy) involved in this case be subpoenaed. Mr. Johnson
requested that, if a hearing is to be held, it be continued to another date so
that Mr. Wahlberg could be present.
Assistant City Attorney Duval responded to Mr. Johnson's comment about Mr.
Wahlberg being advised he did not need to appear for consideration of the
stipulation agreement. He stated another Assistant City Attorney, Marty
Heffernan, negotiated the stipulation agreement and did, in fact, tell Mr.
Wahlberg that his appearance at that meeting was at his discretion.
Authority member Mael noted that the scope of the Authority's rejection of the
stipulation agreement was beyond the issue of Mr. Wahlberg's attendance.
Officer Tower stated he and Ms. Carter were present and prepared to proceed with
the hearing at this meeting. He noted he had a photo of Ms. Carter as she
appeared the night of the incident.
Assistant City Attorney Duval summarized Mr. Johnson's request as follows: (1)
that the Authority accept the stipulation agreement which was presented at the
May meeting; or (2) continue this hearing to the next meeting and issue
subpoenas as requested.
Authority member Poncelow stated she is not willing to accept the stipulation
agreement because it is not substantial. She indicated the Authority would like
to talk with Mr. Wahlberg in terms of adjusting the stipulation agreement. She
stated if it is necessary to schedule a hearing then that can be done.
Authority member Schroeer made a motion, seconded by Authority member Poncelow,
(1) to postpone the show cause hearing for Sportsmans Boss Hoggs, 210 Walnut,
to the July 28 meeting and order the City Attorney to issue the subpoenas
requested by Mr. Johnson, and (2) to take no further action on the stipulation
agreement.
Officer Tower clarified that the subpoenas to be issued are to himself, Officer
Dan Murphy, Jody Carter in dress and makeup as worn the night of the incident,
and David Trumbauer (who was subpoenaed for this meeting and needs to be
subpoenaed for the July 28 meeting).
Assistant City Attorney Duval stated the Authority could continue the subpoena
for Mr. Trumbauer.
The vote on Authority member Schroeer's motion was as follows: Yeas: Crowfoot,
Mael, Norton, Poncelow, Schroeer, and Wawro. Nays: None.
THE MOTION CARRIED.
Authority member Norton made a motion, seconded by Authority member Mael, to
continue the subpoena for David Trumbauer to appear at the July 28 meeting.
Yeas: Crowfoot, Mae], Norton, Poncelow, Schroeer, and Wawro. Nays: None.
THE MOTION CARRIED.
• • June 23, 1993
Show Cause Hearing for Tony's
Restaurant and Lounge 224 South College
Officer Joel Tower stated Dimitrios Katopodis, the key witness in this case, is
currently in Greece, making it necessary to postpone this hearing.
Authority member Norton made a motion, seconded by Authority member Schroeer,
to continue the show cause hearing for Tony's Restaurant and Lounge, 224 South
College, to July 28. Yeas: Crowfoot, Mael, Norton, Poncelow, Schroeer, and
Wawro. Nays: None.
THE MOTION CARRIED.
Other Business
Secretary Rita Harris advised the Authority that the Council Chambers would be
unavailable for the regularly scheduled meeting on November 17. She stated the
Authority could reschedule for a date earlier in November or cancel the meeting
altogether. She stated it is early enough to be able to give applicants plenty
of notice of any change.
Authority member Poncelow made a motion, seconded by Authority member Norton,
to cancel the November 17 meeting. Yeas: Crowfoot, Mael, Norton, Poncelow,
Schroeer, and Wawro. Nays: None.
THE MOTION CARRIED.
In response to questions from the Authority regarding possible changes at the
Smiling Moose, 518 West Laurel, Officer Tower volunteered to visit the
establishment to see if modifications are taking place.
Adjournment
Authority member Norton made a motion,
adjourn. Yeas: Crowfoot, Mael, Norton,
None.
THE MOTION CARRIED.
The meeting was adjourned at
seconded by Authority member Wawro, to
Poncelow, Schroeer, and Wawro. Nays:
approximately 8:20 p.m.
C airperson
Secretary