Loading...
HomeMy WebLinkAboutLiquor Licensing Authority - Minutes - 04/28/1993Regular Meeting - April 28, 1993 6 : 30 p.m. Council Liaison: Bob Winokur I Staff Liaison: Rita Knoll Harris A regular meeting of the Liquor Licensing Authority was held on Wednesday, April 28, 1993, in the Council Chambers of the Fort Collins Municipal Building. The following members were present: Cooper, Crowfoot, Norton, Poncelow, Schroeer, and Wawro. Authority Member Absent: Mael. Staff Members Present: John Duval, City Attorney's Office Rita Knoll Harris, City Clerk's Office Sandy Gibson, Police Department Assistant City Attorney John Duval introduced Assistant City Attorney Marty Heffernan and indicated Mr. Heffernan would be taking over as legal counsel for the Authority. 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. Steak and Ale of Colorado, Inc., the hotel -restaurant licensee for Bennigan's, 2203 South College, is reporting a change of corporate officers and directors. Joseph Fitzsimmons is replacing Edward Greene as president and director. R. William Flock is replacing Karen Van Valkenburgh as senior vice president and director. James McCarthy is replacing Carolyn Dreher as senior vice president/secretary and director. Authority member Poncelow made a motion, seconded by Authority member Cooper, to adopt and approve all items not removed from the Consent Calendar. Yeas: Cooper, Crowfoot, Norton, Poncelow, Schroeer, and Wawro. Nays: None. THE MOTION CARRIED. • April 28, 1993 Registration of Sandra Nelson as Manager of Senor Frog's, 2721 South College, Approved Sandra Nelson, manager, spoke of her prior alcohol -related work experience as a waitress and bartender. She described her efforts to familiarize herself with the Colorado liquor laws and spoke of training provided to employees. She indicated they would like to send the employees to TIPS training as funding becomes available. She stated they currently do not have a formal training program for employees. Ms. Nelson estimated that the establishment derives 40- 45% of its revenue from alcohol sales. She spoke of carding policies at the establishment and noted no one under 21 is allowed in the bar area. She acknowledged that weekend business at the establishment is primarily alcohol oriented. Authority member Crowfoot expressed concern about the lack of training for employees of the establishment. She encouraged the licensee to find the funds to send employees to TIPS training. Authority member Norton made a motion, seconded by Authority member Wawro, to approve Sandra Nelson as manager of Senor Frog's, 2721 South College. Yeas: Crowfoot, Norton, Poncelow, Schroeer, and Wawro. Nays: Cooper. Consideration of an Application from the Downtown Business Association for a Special Events Permit in Old Town Square on June 26-27, 1993, Approved Ellen Zibell, Executive Director of the Downtown Business Association, described the Colorado Brewer's Festival and spoke of its success in past years. She spoke of problems that occurred at prior events and how those problems are being addressed this year. She stated security will be provided by private security officers and off -duty police officers. She stated this is the first year that the event will span two days, instead of one, noting that the crowd has doubled from year to year. She stated they hope to alleviate some of the crowd problems by expanding the number of days for the event and enlarging the area. Ms. Zibell stated they are working with the Kiwanis and Sertoma Clubs in order to have more mature servers. She stated the hours for the event will be 11 a.m. to 7 p.m. on Saturday, June 26, and 12 p.m. to 6 p.m. on Sunday, June 27. She noted the times listed in the application include breakdown time. Authority member Crowfoot expressed concern that setup time is not included in the application. Brad Page, brewmaster at CooperSmith's, spoke of setup logistics. He stated amending the application to read 8 a.m. to 9 p.m. each day would provide adequate time for setup and breakdown. Ms. Zibell addressed concerns expressed in a letter from the merchants in the 200 block of Linden. She spoke of measures planned for this year's event to address specific concerns. She noted there will be food vendors in Old Town Square. She • • April 28, 1993 stated she responded in writing to the merchants concerns and attempted to contact each merchant individually. Jane Tester, owner of Old Corner Bookshop, 216 Linden, stated based upon conversations with Ms. Zibell, she believes this year's event will be better controlled. She spoke of problems during past years and noted she feels confident that those problems will be controlled this year. She suggested there be more food available. Authority member Cooper made a motion, seconded by Authority member Norton, to approve the application of the Downtown Business Association for a Special Events Permit in Old Town Square on June 26-27, 1993. Yeas: Cooper, Crowfoot, Norton, Poncelow, Schroeer, and Wawro. Nays: None. HiLBI�L]1!(IRRiLl" 1113 Request from Northern Dining and Bar Bazaar and Old Colorado Brewing Company, Inc., 172 North College, to Change, Alter, or Modify the Premises. Denied Bill Starke, owner, stated he would like to amend his licensed premises to allow alcohol to be served under the sidewalk canopy on the west side of the building (along College Avenue). He stated the application also includes removal of the lobby area from the licensed premises. He stated the changes will result in less net service area. He estimated that the outdoor area will seat approximately 30. He stated the intended use for the outdoor area is dining and indicated the food would be served from Gonzalos Restaurant. He stipulated that the proposed changes are substantial and indicated he was prepared to proceed with a hearing at this meeting. He stated the premises have been posted for approximately 40 days. Authority member Norton made a motion, seconded by Authority member Poncelow, to hold a hearing at this meeting. Yeas: Cooper, Crowfoot, Norton, Poncelow, Schroeer, and Wawro. Nays: None. THE MOTION CARRIED. Mr. Starke was sworn. He described the layout of the licensed premises. He stated the outdoor area would not be fenced and compared it to the outdoor dining area at Joe's Fireside Cafe. He indicated there will be a waitperson on the patio as much as possible when the outdoor area is occupied. In response to a question from the Authority, Mr. Starke indicated he would stop serving outside at dark or 10 p.m. He stated he wants the focus for the outdoor area to be on food. Authority member Norton expressed concern about the hours of operation for the outdoor area and the lack of waitstaff stationed at the area at all times. Mr. Starke stated the waitperson would be in the outdoor area at all times except when he or she had to go inside to pick up an order. • April 28, 1993 Authority member Cooper stated he is concerned about patrons "sharing" their alcoholic beverages with underage friends when the waitperson goes inside to pick up an order. Mr. Starke stated the bartender inside the establishment can see the outdoor area through the windows on the west side of the building. He stated he is very concerned about a potential violation and it would not be to his advantage to be lax in monitoring the outdoor area. He submitted petitions to the Assistant City Attorney for review. Assistant City Attorney John Duval stated Applicant's Exhibits A and B, identified as petitions, are admissible into evidence. He stated the petition does not make clear for what purpose a person would sign the petition, although it does mention outside seating. He noted that the signatures do not appear to be restricted to individuals who live within a I -mile radius of the establishment. He suggested the Authority weigh the petitions accordingly. In response to a question from the Authority, Secretary Rita Harris stated she prepared the sign that has been posted at the establishment and read the wording of the sign. Mr. Duval reviewed for the Authority the criteria for reaching a decision in this matter. He read one of the criteria which may be applicable in this situation. ("The legislative declaration that the Colorado Liquor Code is an exercise of the police powers of the State for the protection of the economic and social welfare, and the health, peace, and morals of the people of this State.") Sergeant Tom McLellan, Fort Collins Police Services, was sworn. He expressed opposition to the proposed addition of outdoor dining. He stated he believes it will be impossible for the bartender to monitor the area, especially on a Friday or Saturday night. Authority member Cooper made a motion, seconded by Authority member Wawro, to deny the application of Northern Dining and Bar Bazaar and Old Colorado Brewing Company, Inc., to Change, Alter, or Modify the Premises at 172 North College. Authority member Norton stated she would support the motion. She stated she believes the proposal for outdoor dining is nice, but cannot support allowing alcohol to be served there because of the potential for violations. Mr. Starke stated he will go "more than overboard" to run a good operation. He stated it would not be in his best interest to jeopardize his license. He stated the Authority is taking a position which might be for his own good, but he believes the Authority is restraining business in this situation. Authority member Norton stated her concern is not for Mr. Starke's own good, but rather for the city of Fort Collins. She stated her concern that Mr. Starke may be cited because an underage person obtains alcohol is far less than her concern that an underage person may pick up alcohol from a table and go on to cause harm to themselves or someone else. • April 28, 1993 The vote on Authority member Cooper's motion to deny the application was as follows: Yeas: Cooper, Crowfoot, Norton, Poncelow, Schroeer, and Wawro. Nays: None. THE MOTION CARRIED. Assistant City Attorney John Duval pointed out that the denial also affects the portion of the application which would have removed the lobby area from the licensed premises. Mr. Starke explained that the reason he was requesting to remove the lobby from the licensed premises is because he is conducting another business in that area. He stated it was called to his attention that it may not be legal for him to do SO. Authority member Cooper suggested Mr. Starke talk with his attorney regarding the lobby issue. (Secretary's Note: Authority member Poncelow left the meeting at this time.) Request from Lone Star Steakhouse and Saloon of Colorado, Inc., dba Lone Star Steakhouse and Saloon, 100 West Troutman Parkway, to Change. Alter, or Modify the Premises. Approved Brad Smith, general manager, stated there is currently a patio surrounded by a 4-foot fence and they would like to serve alcohol on the patio. He stated the patio seats 36. He stated the patio area is staffed by 3 servers, and noted 1 server would be on the patio at all times. He stated the hostess can also see the patio from inside the establishment. Authority member Norton made a motion, seconded by Authority member Schroeer, to find that the proposed modification at Lone Star Steakhouse and Saloon, 100 West Troutman Parkway, is substantial. Yeas: Cooper, Crowfoot, Norton, Schroeer, and Wawro. Nays: None. THE MOTION CARRIED. Brad Smith was sworn. He stated the fence surrounding the patio is 4 feet high. He stated the tables will be positioned away from the fence. He added that there is a rock and flower bed between the fence and the parking lot on the north and west sides. He stated there is a sidewalk on the east side of the patio, and noted there is not much pedestrian traffic. Mr. Smith indicated that the only entrance to the patio area will be through the restaurant. He spoke of the ability to view the patio from inside the establishment. He stated the patio is intended for dining, not additional bar area, and noted alcohol sales now are approximately 17%. He stated the patio will be open during regular hours. Mr. Smith submitted letters in support of the modification to the Assistant City Attorney for review. • April 28, 1993 Assistant City Attorney John Duval stated Applicant's Exhibits A and B, identified as letters of support, are admissible into evidence. Authority member Schroeer cautioned Mr. Smith to be very careful with alcohol service on the patio. Mr. Smith indicated the premises have been posted since April 15 with a sign relating to the requested modification. He stated the sign has generated only favorable comments from patrons. Authority member Wawro made a motion, seconded by Authority member Cooper, to approve the request of Lone Star Steakhouse and Saloon of Colorado, Inc. to modify Lone Star Steakhouse and Saloon, 100 West Troutman Parkway. Yeas: Cooper, Crowfoot, Norton, Schroeer, and Wawro. Nays: None. THE MOTION CARRIED. Request from Frederick Kendall and Yoriko Yokomizo, et al., dba Suehiro Japanese Restaurant, 223 Linden, to Change, Alter, or Modify the Premises, Approved Frederick Kendall, owner, stated they would like to expand the dining area by adding an adjacent tenant space which is approximately 650 square feet in size. He estimated the area would seat approximately 40, nearly doubling the seating capacity of the establishment. Authority member Norton made a motion, seconded by Authority member Schroeer, to find that the proposed modification of Suehiro Japanese Restaurant, 223 Linden, is substantial. Yeas: Cooper, Crowfoot, Norton, Schroeer, and Wawro. Nays: None. THE MOTION CARRIED. Frederick Kendall indicated he was prepared to proceed with a hearing at this meeting, and was sworn. He restated that the additional 650 square feet would provide approximately 40 additional seats. He stated there will be two entrances into the establishment, one into the existing area and one into the new area. In response to a question from the Authority, Mr. Kendall estimated liquor sales at 10.9%. He indicated he had a petition and several letters to submit as evidence. In response to questions from the Authority, Mr. Kendall stated that the wall between the existing restaurant and the new area is a permanent wall and will not be removed. He stated food and alcohol would have to go through the door into the existing area, through the hallway, and then into the new area. Assistant City Attorney John Duval indicated that the hallway area would need to be included in the licensed premises if alcohol is going to be carried through it. • April 28, 1993 Mr. Kendall stated it had not occurred to him that taking the alcohol into the hallway would be a problem. He stated it is possible he could put a pass -through window in the wall between the existing and new areas. Following a break, Mr. Kendall asked to amend his application to show a pass - through window between the existing area and new area. Assistant City Attorney John Duval advised the Authority that Applicant's Exhibit A through 6, identified as letters from patrons of the business, are admissible into evidence. He stated Exhibit H, identified as a petition, is not properly notarized, nor does each signature line include the age of the person signing. He stated for those reasons, Exhibit H is not admissible into evidence. Authority member Schroeer made a motion, seconded by Authority member Cooper, to approve the request of Frederick Kendall and Yoriko Yokomizo, et al., to modify the premises known as Suehiro Japanese Restaurant, 223 Linden. Yeas: Cooper, Crowfoot, Norton, Schroeer and Wawro. Nays: None. THE MOTION CARRIED. Transfer of Ownership of Handi-Pak, 1311 North College, Approved Zach Wilson, attorney representing Clinton Fuller (applicant), introduced himself. Clinton Fuller stated he has no prior experience with the sale of alcohol. He indicated he was willing to take any available classes. Mr. Fuller stated he will manage the establishment himself and will have 2 other employees. He spoke of the carding policies at the establishment. He indicated that beer sales run between 5% and 10%. He stated he has been working at the store for approximately 1 month. He stated he will retain the current employees of the store who have been there 3 years. Authority members expressed concern about Mr. Fuller's lack of training with regard to selling alcohol. Mr. Wilson stated he has advised his client of the responsibilities of holding a license and indicated Mr. Fuller does intend to seek training. Authority member Crowfoot strongly recommended that all of the employees attend training. Authority member Cooper made a motion, seconded by Authority member Norton, to approve the transfer of ownership of Handi-Pak, 1311 North College, from Vernon Schneider to Clinton Fuller. Yeas: Cooper, Crowfoot, Norton, Schroeer, and Wawro. Nays: None. THE MOTION CARRIED. • April 28, 1993 Hearing on a Change of Class of License for Avogadro's Number, 605 South Mason, Approved Robert Osborn, owner, was sworn and stated he has been the owner of Avogadro's since 1980. He stated he currently has a beer and wine license and is requesting a change to a hotel -restaurant license. He indicated he has submitted petitions to staff for review. Assistant City Attorney John Duval stated he had examined Applicant's Exhibits A through E, identified as petitions. He stated Exhibits A and D are admissible into evidence. He stated he has marked several signatures on Exhibits B, C, and E for various reasons, but noted the exhibits are admissible into evidence. Mr. Osborne described the petitioning process and stated they obtained approximately 240 signatures in the restaurant and 120 from the neighborhood. In response to questions from the Authority, Mr. Osborne estimated current liquor sales to be 6% of gross. He stated he hopes that the change of class of license will increase liquor sales. He stated food is served at all times and noted there are no plans to change the current entertainment format. He indicated that the outdoor areas have been included in the licensed premises since 1982 and stated he has received no complaints from the surrounding neighborhood. Authority member Norton made a motion, seconded by Authority member Cooper, to adopt Resolution 93-01 approving a change of class of license for Avogadro's Number, 605 South Mason, from a beer and wine license to a hotel -restaurant license. Yeas: Cooper, Crowfoot, Norton, Schroeer, and Wawro. Nays: None. THE MOTION CARRIED. Police Report Officer Joel Tower described a recent compliance check at Sportsmans Boss Hoggs, 210 Walnut. He alleged that the establishment served a Police Services explorer scout who is under the age of 21. He requested the Authority find that probable cause exists to schedule a show cause hearing for an alleged violation of Section 12-47-128(5)(a)(I), C.R.S. Authority member Cooper made a motion, seconded by Authority member Schroeer, to find that probable cause exists to schedule a show cause hearing on May 26 for an alleged violation of Section 12-47-128(5)(a)(I), C.R.S., and ordered the City Attorney's Office to issue all necessary subpoenas to witnesses. Yeas: Cooper, Crowfoot, Norton, Schroeer, and Wawro. Nays: None. THE MOTION CARRIED. Officer Tower reported on recent inspections he conducted with Will Harris of the State Liquor Enforcement Division. • 0 April 28, 1993 Other Business Secretary Rita Harris noted she had provided the Authority with a draft memo to the City Council requesting a full-time liquor enforcement officer and stated if the memo is satisfactory, the chairperson could sign the memo this evening. Authority member Schroeer produced an advertisement for the Smiling Moose and requested it be placed in the file for future reference. He noted the ad is for $1 half -yards of beer. He spoke of information received during the earlier consideration of the manager for Senor Frog's which indicates that a change of character may have occurred at the establishment. Authority member Cooper stated he has received complaints about Senor Frog's which he has referred to Police Services. Adjournment Authority member Cooper made a motion, seconded by Authority member Norton to adjourn. Yeas: Cooper, Crowfoot, Norton, Schroeer, and Wawro. Nays: None. THE MOTION CARRIED. The meeting was adjourned at approximately 8:40 p.m. c� Chairperson t Secretary