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HomeMy WebLinkAboutLiquor Licensing Authority - Minutes - 07/22/1992A regular meeting of the Liquor Licensing Authority was held on Wednesday, July 22, 1992, in the Council Chambers of the Fort Collins Municipal Building. The following members were present: Cooper, Crowfoot, Norton, Schroeer, and Wawro. (Authority member Mael arrived at approximately 6:40 p.m.) Authority Members Absent: Poncelow Staff Members Present: John Duval, City Attorney's Office Rita Knoll Harris, City Clerk's Office Sandra 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. 1. 2. Circle K Convenience Stores, Inc., the 3.2% beer licensee for Circle K #1987, 949 South Taft Hill Road, is reporting a change of corporate officers and directors. John Antioco is replacing Robert Dearth as president and director of the corporation. Old Chicago of Colorado, Inc., the hotel -restaurant licensee for Old Chicago, 147 South College, is reporting a change of corporate officers and directors. Thomas Moxey is replacing Frank Day as president of the corporation. In addition, Mr. Moxey has been added as a director. Authority member Norton made a motion, seconded by Authority member Schroeer, tc adopt and approve all items not removed from the Consent Calendar. Yeas: Cooper, Crowfoot, Norton, Schroeer, and Wawro. Nays: None. THE MOTION CARRIED. July 22, 1992 Transfer of Ownership of Novak's Little Budapest, 146 North College, and Trade Name Change to Saigon 17, Approved Hai Nguyen, applicant and owner, stated that his establishment is a Vietnamese restaurant open from 11:00 a.m. to 10:00 p.m., seven days a week. He affirmed that alcohol will not be served on the patio. He described his and his partner's experience with serving liquor, noting they were waiters for 1-1/2 years while attending college. He stated there were no liquor violations at that establishment. He indicated he has contacted Brenda McCoy-Manfredo, who does the training seminars for recognizing intoxicated customers, and plans to set up a time when she can train the entire staff. He noted that his policy will be to card anyone under the age of 35-40. He stated the restaurant has a bar with six barstools where patrons can be served liquor without food. Authority member Norton explained that if the patio were not included in the licensed premises and someone were to inadvertently take an alcoholic beverage to the patio, the Fort Collins Police Department could cite the restaurant for that mistake. She expressed concern that this could cause problems in the future and noted it could be an oversight not to license the patio at this time. Secretary Rita Harris noted she had made the assumption, when the floorplan was submitted without redlining the licensed area, that the patio was going to be included in the licensed area. Authority member Norton noted that Attachment A specifies that alcohol will not be served in the kitchen and patio areas. Mr. Nguyen responded that he would like to serve alcohol on the patio. Secretary Harris indicated she would amend the proper documents. Upon questioning from the Authority, Mr. Nguyen stated that the traffic offenses listed on the application were for speeding and failure to stop at a stop sign. Authority member Norton made a motion, seconded by Authority member Cooper, to approve the transfer of ownership of Novak's Little Budapest, 146 North College, from Novak's Restaurant Management of Fort Collins, Inc., to Saigon 17, Ltd., and trade name change to Saigon 17. Yeas: Cooper, Crowfoot, Mael, Norton, Schroeer, and Wawro. Nays: None. THE MOTION CARRIED. Registration of Brad Moore as Manager of J.J. McCabe's Sports Grille, 518 West Laurel, Approved Brad Moore, manager, spoke of his experience as floor manager with General Mills Restaurants, Inc., and Stouffer Restaurants, Inc. He spoke of his experience with liquor and noted he has never been involved in a violation. He stated that July 22, 1992 he and his management staff will train the employees at J.J. McCabe's. He indicated that the corporate policy regarding liquor sales includes an in-house certified TIPS trainer. He noted that he and his staff is 100 percent TIPS trained. He stated that new employees will go through the TIPS training when the next class becomes available at the corporate office. He indicated that J.J. McCabe's cards anyone that looks under 30. He stated the staff takes the carding procedure very seriously. He noted that if there is a liquor violation, he believes he would personally lose his job, so following the liquor laws is important to him. In response to questions from the Authority, Mr. Moore answered that he believes the advertising is very well balanced toward the food. He stated the specialty margaritas are just one aspect of their business. He noted that the menu choices have tripled and that food sales are the major portion of their focus. He stated that their market target is anyone who is interested in sports, not just the college students. He indicated they offer a Happy Hour and that there will be some promotion nights. He stated that these plans had not been worked out yet. He added that there will also be food promo nights. Authority member Cooper expressed his concerns about liquor promos, noting the establishment does not have a good track record. He asked what the manager will do to keep problems from happening. Mr. Moore answered that his staff is trained in recognizing anyone who is becoming intoxicated. He stated it is a focal point for the restaurant to reestablish their market with the understanding that there is going to be a different behavior allowed in the establishment. He indicated that no live entertainment has been scheduled. He noted he would like to have entertainment once a month, perhaps in the afternoon, when it wouldn't disturb the neighbors. He stated he did not plan to schedule any heavy metal bands. He noted that 30 to 35 percent of the wait staff is new. Authority member Norton made a motion, seconded by Authority member Schroeer, to approve Brad Moore as manager of J.J. McCabe's Sports Grille, 518 West Laurel. Yeas: Cooper, Crowfoot, Norton, Schroeer, and Wawro. Nays: None. THE MOTION CARRIED. Transfer of Ownership of Handi Pak, 1311 North College, Approved Vernon Schneider, applicant, stated he had prior experience selling liquor 35 years ago in Kansas. He noted that Officer Troy Krenning has met with him for one-on-one training. He indicated that his wife, who has more experience in liquor sales, will be assisting him in training employees. He stated that he will be carding anyone who appears under 35 years of age. July 22, 1992 Authority member Cooper made a motion, seconded by Authority member Crowfoot, to approve the transfer of ownership of Handi Pak, 1311 North College, from Bonnie and Harley Pickett to Vernon Lee Schneider. Yeas: Cooper, Crowfoot, Mael, Norton, Schroeer, and Wawro. Nays: None. THE MOTION CARRIED. Transfer of Ownership of Thirsty's Liquor, 420 South College, Approved Young Park, applicant, spoke of prior experience working at her father's liquor store in Littleton. She noted that she plans to move to Fort Collins and will work in the store full time. She stated she will card customers who look under 30 and indicated she will look into the training sponsored by the Police Department. She indicated that individuals will have to show their ID each time they buy liquor, even if they have been in the store many times before. Authority member Cooper made a motion, seconded by Authority member Crowfoot, to approve the transfer of ownership of Thirsty's Liquor, 420 South College, from Karla Shands to Young Joo Park. Yeas: Cooper, Crowfoot, Mael, Norton, Schroeer, and Wawro. Nays: None. THE MOTION CARRIED. Hearing on a New Application for a Hotel -Restaurant License at The Neighborhood Grill, 1624 South Lemay iil. Approved Rob Haimson, 4507 21st Street, Greeley, partner in TNG Associates, was sworn. He described the location of the new restaurant. He explained that this is the second location in Fort Collins. He stated that the establishment does not consist of heavy college clientele. He indicated that all of the management staff is TIPS trained, and all new employees will be trained by the Fort Collins Police Department. He noted that the employees ID everybody and there have never been any violations in the other Neighborhood Grill or Potato Brumbaugh's locations. He stated that their company -wide sales are 80 percent food, 20 percent liquor. In answer to questions from the Authority, Mr. Haimson noted there is only one bar in the floorplan. He indicated that the Lemay establishment is smaller than the one on Drake. Assistant City Attorney John Duval noted that with the exception of signatures marked with asterisks, Applicant's Exhibits A through D, identified as petitions, are admissible into evidence. July 22, 1992 Mr. Haimson summarized the outcome of the petition drive. He stated that the overwhelming majority of the 240 signatures collected was in favor of the new establishment. He noted there were approximately 5 signatures opposed and 5 who refused to sign. He stated that the restaurant plans to open August 1. He stated the same menu would be served as in the Drake location. He indicated that the restaurant would be open between the hours of 11:00 a.m. and midnight. He indicated the patio is to be included in the licensed premises. He stated the patio would be enclosed by a 48" wrought iron fence with spikes, and access to the patio is through the restaurant. He explained that the patio will be closely monitored by assigned staff. Authority member Crowfoot made a motion, seconded by Authority member Schroeer, to adopt Resolution 92-05 approving the application of TNG Associates for a hotel -restaurant license at The Neighborhood Grill, 1624 South Lemay #1. Yeas: Cooper, Crowfoot, Mael, Norton, Schroeer, and Wawro. Nays: None. THE MOTION CARRIED. Registration of Scott Schumacher as Manager of The Neighborhood Grill, 1624 South Lemay M1, Approved Scott Schumacher, manager, acknowledged that he will continue to live in Greeley and commute to his job in Fort Collins. He stated he has been working for the Neighborhood Grills for the past three years in all four stores and currently is the general manager at the Drake store. He noted he has had no liquor violations at any of these stores. He stated the carding policy is to ID anyone who appears to be under the age of 35. Authority member Cooper made a motion, seconded by Authority member Norton, to approve Scott Schumacher as manager of The Neighborhood Grill, 1624 South Lemay #1. Yeas: Cooper, Crowfoot, Mael, Norton, Schroeer, and Wawro. Nays: None. THE MOTION CARRIED. Hearing on a New Application for a Hotel -Restaurant License at The Fort Collins Salad Company, 116 East Foothills Parkway, Approved Jon Stonebracker, attorney representing The Denver Salad Company, stated he had two witnesses who would give a brief presentation. He requested that Item #12, the registration of James Hardy as manager of The Fort Collins Salad Company, be continued to the August 26 meeting. July 22, 1992 Patricia Kober, owner of Patricia Talls, 334 East Foothills Parkway, was sworn. She stated she believes there is a need at the East Foothills Parkway location for another hotel -restaurant liquor license. Ron Wagner, manager of the Regiment Shops, 215 East Foothills Parkway, was sworn. He testified he believes there is a need for an additional hotel -restaurant licensed outlet in the area. Max Scott, of Oedipus, Inc., 2902 Fifth, Boulder, was sworn. He described the petitioning process and reviewed the results. He indicated that 240 individuals or 90% of those surveyed were in favor of the requested license. Assistant City Attorney John Duval stated that Applicant's Exhibits A through E, identified as a summary report and petitions, are admissible into evidence. Mr. Scott explained that the red asterisks on the petitions indicate that these signatures are not included in the results of the petitioning. Edward Morton, president of The Denver Salad Company, was sworn. He spoke of his background, noting he went into the restaurant business 5 years ago. He stated that the Fort Collins Salad Company will be the fifth location in Colorado. He indicated there have been no violations at the other four stores. He noted that the restaurant will be open from 11 a.m. to 9:30 p.m. and that the food sales at the other stores is 98.5%. He stated that the cashier is the person who serves the alcoholic beverages, noting there is no wait service at the table. He indicated that the cashier receives extensive training regarding the sale of alcoholic beverages. Upon questioning from the Authority, Mr. Morton explained there will be a patio which will be monitored constantly. Assistant City Attorney John Duval stated that the Authority has received a letter from a Susan Flickinger, who appears to be a resident of the Stanford Apartments, which he believes would be admissible into evidence. Mr. Stonebraker objected to admission of the letter into evidence without the author being present. Assistant City Attorney John Duval replied that hearsay is admissible in these kinds of proceedings. The consensus of the Authority was to accept the letter as evidence. Assistant City Attorney John Duval noted that the letter was marked Opponent's Exhibit A. Authority member Cooper made a motion, seconded by Authority member Crowfoot, to adopt Resolution 92-06 approving the application of The Denver Salad Company, dba The Fort Collins Salad Company, for a hotel -restaurant license at 116 East Foothills Parkway. Yeas: Cooper, Crowfoot, Mael, Norton, Schroeer, and Wawro. Nays: None. THE MOTION CARRIED. July 22, 1992 Other Business Secretary Rita Harris reminded the Authority of the special meeting on Wednesday, July 29, at 5:00 p.m. She noted that the election of officers would be on next month's agenda. She informed the Authority she had visited the Rocky Mountain Pasta Company the previous day to look at the premises. She stated they have converted what used to be the food bar into a liquor bar and that she advised the manager of the need to file a modification application. In response to a question from the Authority, she indicated she would check on whether the establishment has a license for the three pool tables they have now. She stated that there should also be a manager registration for the Rocky Mountain Pasta Company next month. Secretary Harris next spoke of the worksession to be held at Canino's on August 24. Authority member Mael asked if there were any impropriety in the Authority holding an official meeting such as this training session at an establishment which is licensed for liquor. Assistant City Attorney John Duval indicated he believed this was not a problem. Secretary Harris asked the Authority members for topics they wanted to include in the August 24th session in addition to the TIPS training. Adjournment Authority member Wawro, seconded by Authority member Cooper, to adjourn. Yeas: Cooper, Crowfoot, Mael, Norton, Schroeer, and Wawro. Nays: None. THE MOTION CARRIED. The meeting was adjourned at approximately 6 Secretary