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HomeMy WebLinkAboutLiquor Licensing Authority - Minutes - 05/26/1993A regular meeting of the Liquor Licensing Authority was held on Wednesday, May 26, 1993, in the Council Chambers of the Fort Collins Municipal Building. The following members were present: Cooper, Crowfoot, Mael, Norton, and Schroeer. (Authority member Poncelow arrived at approximately 7:10 p.m.) Authority Members Absent: Wawro Staff Members Present: Rita Knoll Harris, City Clerk's Office Marty Heffernan, 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. 2. Ram Pub Corporation of Colorado, the hotel -restaurant licensee for Chesterfield, Bottomsley and Potts, 1415 West Elizabeth, is reporting a change of corporate structure. Kevin Sheesley now holds 10% of the corporate stock. Mr. Sheesley is currently the registered manager for the establishment. norLn uoiieae. Northern Dining and Bar Bazaar and Old Colorado Brewing Company, Inc., the hotel -restaurant licensee for Northern Dining and Bar Bazaar and Old Colorado Brewing Company and Gonzalos Restaurant, 172 North College, is reporting a change of corporate officers. Doris Hime has been elected vice-president of the corporation. Heinrich Ahrens is replacing Mary Starke as secretary. William Starke is replacing Joseph Neckel as treasurer. • • May 26, 1993 3. Report of Change of Corporate Structure for The Sandtrap. Inc.. dba Sandtrap at Southridge Golf Course, 5750 South Lemay. The Sandtrap, Inc., the 3.2% beer licensee for Sandtrap at Southridge Golf Course, 5750 South Lemay, is reporting a change of corporate officers. Kristine Olson and Derek Cordova have switched positions as president and vice-president of the corporation. 4. Report of Change of Corporate Structure for The Sandtrap Inc dba Sandtrap at Southridge Clubhouse, 5750 South Lemay. The Sandtrap, Inc., the tavern licensee for Sandtrap at Southridge Clubhouse, 5750 South Lemay, is reporting a change of corporate officers. Kristine Olson and Derek Cordova have switched positions as president and vice-president of the corporation. Authority member Mael made a motion, seconded by Authority member Schroeer, to adopt and approve all items not removed from the Consent Calendar. Yeas: Cooper, Crowfoot, Mael, Norton, and Schroeer. Nays: None. THE MOTION CARRIED. Consideration of an Application from the National Multiple Sclerosis Society for a Special Events Permit at EPIC, 1801 Riverside (outside in Edora Park) on July 11 1993 Approved Cindy Bean, local event coordinator for the National MS Society, described the MS 150 bike tour. She stated the tour raises money for the Colorado chapter of the National MS Society and noted this is the eighth year for the nationally - renowned event. She stated the event is a closed event and estimated that approximately 4000 riders will participate. She indicated there will be 123 volunteers handling the event. Ms. Bean noted that EPIC has been rented for the day and will be closed to the general public, and stated the BMX track, horseshoe pits and tennis courts will also be closed for the day. She stated beer has been served every year and noted this is the first year that the tour passes through Fort Collins. She stated the food and beer "garden" will be located on the lawn to the west of the pool and indicated that the area will be fenced. Ms. Bean stated that although very few minors participate in the event, ID's will be checked and stated beer consumption will be limited to two 12-ounce glasses. She spoke of measures that will taken to prevent the general public from attempting to gain access to the area. She indicated the State Patrol will be providing security for the event. She described the training that will be provided to the volunteers and staff. Authority member Mael made a motion, seconded by Authority member Norton, to approve the application of the National Multiple Sclerosis Society for a special events permit on July 11, 1993. Yeas: Cooper, Crowfoot, Mael, Norton, and Schroeer. Nays: None. THE MOTION CARRIED. • • May 26, 1993 Hearing on a New Application for a Hotel -Restaurant License at Chesterfield, Bottomsley and Potts Billiards and Sports Club, 1427 West Elizabeth, Approved Kevin Sheesley, part-owner, was sworn. He stated the corporation, Ram Pub Corporation of Colorado, is purchasing the Duds N' Suds building adjacent to their existing establishment at 1415 West Elizabeth. He stated the requested license will be for this second location. He described the plans for the building and stated the establishment will be an upscale pool hall with a restaurant. He indicated the menu will be different from the existing restaurant, but will be recognizable as Potts fare. He indicated the glassware, etc. will also be different. Brenda Rowe, Oedipus, Inc., was sworn. She described the petitioning process and submitted Applicant's Exhibit A, identified as a summary of the petition results, and Applicant's Exhibits B, C, D, and E, identified as petitions. Assistant City Attorney Marty Heffernan stated the exhibits are admissible into evidence. Ms. Rowe summarized the petition results, noting that 245 people (92%) signed in favor of issuance of the license, and 22 (8%) signed in opposition. She stated these results of the petitioning are excellent and attributed the high percentage in favor to the fact that the applicant has already established their integrity as an operator in the neighborhood. In response to questions from the Authority, Mr. Sheesley stated he expects the new establishment to be open by mid to late July, after remodeling is completed. He stated underage persons will not be allowed in the establishment. He indicated there have been no liquor violations at the original Potts. Mr. Sheesley stated the trade name of the establishment has been changed to Chesterfield, Bottomsley and Potts Clubhouse, and requested that the application be amended accordingly. Authority member Cooper made a motion, seconded by Authority member Norton, to adopt Resolution 93-03 approving a hotel -restaurant license at Chesterfield, Bottomsley and Potts Clubhouse, 1427 West Elizabeth. Yeas: Cooper, Crowfoot, Mael, Norton, and Schroeer. Nays: None. THE MOTION CARRIED. Hearing on a New Application for a Beer and Wine License at Brenda's Bar-B-Oue. 159 West Mountain, Approved Brenda Shepard, president of Brenda's Bar-B-Que Sauce, Inc., wa stated they are applying for a beer and wine license in respon< from their customers for beer with meals. She indicated they hol to serve beer and wine will increase evening business. Ms. Shepar prior experience with the sale of alcohol as a waitress. She addition to owning the restaurant, she has worked for the Larimer > sworn. She to requests e the ability i spoke of her indicated in County Social • May 26, 1993 Services Department for the past 10 years. She clarified that her waitressing experience was in 1967 through the early 1970's. Ms. Shepard indicated that she has purchased a Colorado Liquor Code and is currently familiarizing herself with the liquor laws. She stated she and her husband, Sam, will train the employees. She noted that Mr. Shepard works part-time at the establishment as manager. She stated they plan to sell bottled beer and carafes of wine initially. Sam Shepard, vice-president, was sworn. He described the operation of the establishment and noted that an order is placed at the counter and the food is delivered to the table by the waitstaff. He stated alcohol service will be handled in a similar manner, with the ID being checked at the counter and the alcohol being delivered only to the person who produced ID. He stated the establishment is small enough that the staff can visually monitor the tables. Mr. Shepard stated he has no liquor experience in the past 10 years. He stated prior to that he was a waiter in an establishment similar to Bennigan's. He stated he is currently not employed outside of the establishment. He spoke of a 1973 arrest for possession of marijuana, as well as other criminal matters he failed to include in the application. He stated all of the charges were resolved by payment of fine and noted he did not remember the charges at the time he completed the application. He spoke of what he had done to put his life back together. Ms. Shepard stated they are in the process of opening a second location on Laurel Street and noted they may apply for a liquor license at that location in the future. She indicated they are currently negotiating with a woman to assume some of the management responsibilities. Authority member Norton expressed concern about the owners' limited involvement in the daily management of the business. Ms. Shepard stated that is the reason they are looking at hiring a manager. Mr. Shepard indicated he plans to pursue training through the Police Department. He stated he did have prior training by the State on recognizing false ID's. Ms. Shepard stated she petitioned the neighborhood herself and estimated she obtained 105 signatures in support of the license, with no one signing in opposition. She indicated she did not receive any verbal comments in opposition. Mr. Shepard stated they do not intend to serve alcohol unless it is ordered with a meal. He stated they do not intend to change the character of the establishment. Assistant City Attorney Marty Heffernan advised the Authority that Applicant's Exhibit A, identified as a petition, is admissible into evidence. Authority member Mael made a motion, seconded by Authority member Cooper, to adopt Resolution 93-02 approving the application of Brenda's Bar-B-Que Sauce, Inc. for a beer and wine license at Brenda's Bar-B-Que, 159 West Mountain. Yeas: Cooper, Crowfoot, Mael, Norton, and Schroeer. Nays: None. THE MOTION CARRIED. • May 26, 1993 (Secretary's Note: Authority member Poncelow arrived at this point.) Show Cause Hearing for Sportsmans Boss Hoaas, 210 Walnut Assistant City Attorney Marty Heffernan stated an agreement has been reached in this matter and outlined the provisions of the agreement as follows: 1. The licensee stipulates to the violation of selling to an underage person. 2. The license will be suspended for 30 days, with 2 days actively served (on June 18/19), 8 days served by paying a fine of $643.68 in lieu of suspension, and the remaining 20 days held in abeyance for a period of 1 year. 3. The licensee will send all employees to an alcohol education program within 90 days. 4. The licensee will purchase a Beer and Liquor Code Book within 90 days and keep it on the premises at all times. In response to questions from the Authority, Mr. Heffernan stated he encouraged the owner, Thomas Wahlberg, to be at this meeting, even though he anticipated the agreement would be accepted by the Authority. Authority member Cooper stated he has a problem with the licensee not bothering to appear at the meeting. He stated the Authority has the option to reject the agreement and would expect to proceed with the hearing, which would not be feasible without Mr. Wahlberg present. Authority member Mael made a motion, seconded by Authority member Poncelow, to accept the stipulation and agreement as presented by the Assistant City Attorney. Authority member Mael stated is appears that the discussions between the licensee and the Attorney's Office may have led Mr. Wahlberg to believe that he did not have to appear at this meeting. Authority member Norton stated she believes it needs to be made clear to licensees in the future that they should appear at the hearing, even though an agreement has been reached, because the Authority may not accept the agreement. Mr. Heffernan stated staff could encourage licensees to appear, but they could not be forced to appear. Secretary Rita Harris advised the Authority of prior violations at the establishment. Police Officer Joel Tower stated this violation was the result of a compliance check. • • May 26, 1993 Authority member Norton stated she believes the provisions of the stipulation agreement are too light and expressed concern about the licensee not being present. Authority member Cooper stated he would not support the motion to approve the agreement, because he believes the licensee should be present. The vote on Authority member Mael's motion to accept the stipulation and agreement was as follows: Yeas: None. Nays: Cooper, Crowfoot, Mael, Norton, Poncelow, and Schroeer. THE MOTION FAILED. Authority member Cooper made a motion, seconded by Authority member Poncelow, to reschedule this hearing for the June meeting and to direct staff to notify Mr. Wahlberg that his attendance is requested. Yeas: Cooper, Crowfoot, Mael, Norton, Poncelow, and Schroeer. Nays: None. THE MOTION CARRIED. (Secretary's Note: See "Police Report" for further discussion on this item.) Resolution Making Findings Regarding the Denial of a Request from Northern Dining and Bar Bazaar and Old Colorado Brewing Company, Inc. to Change, Alter, or Modify the Licensed Premises at 172 North College, Adopted Secretary Rita Harris stated this Resolution fulfills the requirement of Regulation 47-106.2.C. which states that written findings must be provided to the licensee when this type of application is denied. Authority member Poncelow made a motion, seconded by Authority member Norton, to adopt Resolution 93-04 making findings regarding the denial of a request from Northern Dining and Bar Bazaar and Old Colorado Brewing Company, Inc. to modify the licensed premises at 172 North College. Yeas: Cooper, Crowfoot, Norton, Poncelow, and Schroeer. Nays: None. Abstain: Mael. THE MOTION CARRIED. Police Report Sportsmans Boss Hoggs Assistant City Attorney Marty Heffernan requested that the Authority authorize the issuance of subpoenas to witnesses necessary for the show cause hearing for Sportsmans Boss Hoggs. • • May 26, 1993 Authority member Mael made a motion, seconded by Authority member Norton, to direct staff to issue subpoenas to witnesses in the Sportsmans Boss Hoggs show cause hearing. Yeas: Cooper, Crowfoot, Mael, Norton, Poncelow, and Schroeer. Nays: None. THE MOTION CARRIED. Tone's Restaurant and Lounge Officer Joel Tower briefly outlined the events surrounding an alleged violation of the liquor code at Tony's Restaurant and Lounge, 224 South College, and requested the Authority find probable cause to schedule a show cause hearing. Authority member Cooper made a motion, seconded by Authority member Schroeer, to find that probable cause exists to schedule a show cause hearing for Tony's Restaurant and Lounge, 224 South College, for an alleged violation of Regulation 47-128.2 of the Colorado Liquor Code (after hours consumption), and directed staff to issue any necessary subpoenas to witnesses. Authority member Mael withdrew from the vote on this motion due to a perceived conflict of interest. The vote on Authority member Cooper's motion was as follows: Yeas: Cooper, Crowfoot, Norton, Poncelow, and Schroeer. Nays: None. (Authority member Mael withdrawn) THE MOTION CARRIED. Authority member Crowfoot mentioned an ad she saw in the Comic News that bills AJ's as having the longest happy hour in town. Officer Tower spoke of concerns the Authority expressed regarding the new owner of Handi Pak. He stated he met with Clint Fuller, provided him with written information on the liquor laws, and offered to conduct a training session for store employees. Authority member Crowfoot expressed appreciation for staff's efforts in working out stipulation agreements. Other Business Authority member Mael apologized to the Authority for missing the joint meeting with the Loveland Liquor Licensing Authority. Adjournment Authority member Norton made a motion, to adjourn. Yeas: Cooper, Crowfoot, Nays: None. THE MOTION CARRIED. seconded by Authority member Schroeer, Mael, Norton, Poncelow, and Schroeer. • is May 26, 1993 The meeting was adjourned at approximate' rotary �izoCl f �l 'r�s ecretary