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HomeMy WebLinkAboutLiquor Licensing Authority - Minutes - 06/24/1992A regular meeting of the Liquor Licensing Authority was held on Wednesday, June 24, 1992, in the Council Chambers of the Fort Collins Municipal Building. The following members were present: Cooper, Crowfoot, Norton, and Schroeer. (Authority member Poncelow arrived at approximately 6:55 p.m.) Authority Members Absent: Mael and Wawro Staff Members Present: John Duval, City Attorney's Office Rita Knoll Harris, City Clerk's Office Sandy Gibson, Police Department Request from Fort Collins Junction, Inc., to Change the Trade Name of The Junction, 518 West Laurel, to J.J. McCabe's Sports Grille, Approved Van Hallowell, regional manager, explained that the name change is part of the process to help change the clientele base from the past and to help the business. He stated there will be 23 TV's, 2 satellites, and an extensive new menu designed to sell food. He noted that he is changing the decor to one that is sports oriented to help change the character of the establishment and make it look like a new place inside. He indicated that he has spoken to one of the neighbors, Jean Kamal, and she is happy about the name change. He noted the grille will be open on the weekends for breakfast in addition to lunch and dinner. He affirmed that there is now a fence erected in the back of the restaurant. Authority member Cooper made a motion, seconded by Authority member Norton, to approve the request from The Fort Collins Junction, Inc., to change the trade name of The Junction, 518 West Laurel, to J.J. McCabe's Sports Grille. Yeas: Cooper, Crowfoot, Norton, and Schroeer. Nays: None. THE MOTION CARRIED. Report of Change of Manager for Convenience Plus, 382 East Mountain, Approved Mark Wehde, manager, stated he has been the manager of Convenience Plus since the end of October. He explained that at the time he became manager, he didn't know June 24, 1992 he needed to come before the Authority to report the change of manager. He stated that his policy for training employees is to explain verbally about carding anyone under 40 and have the employees sign a paper stating they have read all the policies and understand the consequences of not following them. He affirmed that his company does not have a training tape or manual. The Authority encouraged Mr. Wehde to contact Police Services soon regarding the TIPS program to obtain more in-depth training. Authority member Cooper emphasized to Mr. Wehde his need to know the liquor code and that he would be held responsible for any violation of that code. He questioned the applicant as to the suspension of his driver's license. Mr. Wehde affirmed that the State of Colorado has corrected his files concerning this suspension. Authority member Cooper also questioned the applicant as to the four recent arrests/violations listed in the application. He believes this indicates that the applicant has a lack of respect for authority or that he just doesn't care. He expressed his concerns about how this would affect Mr. Wehde's management of a liquor establishment. Mr. Wehde responded that the violations occurred while he was a student at CSU and that he believes he has "grown up" now. He indicated he has been married for about a year. Authority member Norton encouraged Mr. Wehde to take his management of a liquor establishment very seriously. Authority member Norton made a motion, seconded by Authority member Schroeer, to approve Mark Wehde as manager of Convenience Plus, 382 East Mountain. Yeas: Cooper, Crowfoot, Norton, and Schroeer. Nays: None. THE MOTION CARRIED. Report of Change of Manager for Convenience Plus, 1013 Centre Avenue, Approved Jennifer Wehde, manager, stated that she has been manager of the Centre Avenue Convenience Plus since January. She indicated she received training from her district manager, who explained the company's policy manual regarding the sale of beer. She stated that it covers all aspects about carding anybody that looks younger than 40, what types of proper ID are required, what to do if a person appears intoxicated, and how to resolve problems that may occur. She noted that the company requires the employees to sign a policy that states if they do not follow the policy to the letter, they are terminated. The Authority encouraged Ms. Wehde to take the TIPS training and have her employees do so as well. June 24, 1992 Ms. Wehde stated that the store has a copy of the liquor code on the premises. In response to questions from the Authority regarding the corporate owner of the Convenience Plus stores and her immediate supervisor, Ms. Wehde indicated that she would make her supervisor aware of the requirements for Authority approval of managers in their stores. She also explained the ticket which happened in City Park in 1990 regarding alcohol use as being a one-time occurrence. Authority member Schroeer made a motion, seconded by Authority member Cooper, to approve Jennifer Wehde as manager of Convenience Plus, 1013 Centre Avenue. Yeas: Cooper, Crowfoot, Norton, and Schroeer. Nays: None. THE MOTION CARRIED. Report of Change of Manager for King Soopers #9, 1015 South Taft Hill Road, Approved Bernie Pasco, manager, stated that he has been manager since May at King Soopers #9. He indicated that he has been employed by King Soopers for 24 years and a store manager for 10. He noted that King Soopers provides its own in-house employee training in the sale of alcohol and reviews policies with employees every six months. He stated that the employees at King Soopers #9 have all received the TIPS training. He indicated King Soopers' policy is to card anyone who looks under 25 and not to sell to anyone who is obviously intoxicated. He noted that there have been no liquor violations in any of the stores he has managed. He explained what happens to any employee who may be involved in a violation. Authority member Cooper made a motion, seconded by Authority member Norton, to approve Bernie Pasco as manager of King Soopers #9, 1015 South Taft Hill Road. Yeas: Cooper, Crowfoot, Norton, and Schroeer. Nays: None. THE MOTION CARRIED. Registration of David Paschall as Manager of Jefferson Grill, 200 Jefferson Street, Approved David Paschall, manager, stated that he has been manager since May 1. He stated that he has prior experience as a bartender at Nates and worked up into a management position at Chi Chi's. He indicated that none of these establishments have had a liquor violation during his tenure there. He explained that his training has come from bartending and managing over the years. He stated that the training Jefferson's provides new employees covers what ID's are valid, and that on a daily basis management posts the date allowable for an ID. He noted that the policy is to card anyone who looks 30 years or younger. He indicated he has read through the Colorado liquor laws. The Authority encouraged him to take the TIPS training and suggested that the other employees do so also. June 24, 1992 Authority member Norton made a motion, seconded by Authority member Cooper to approve David Paschall as manager of Jefferson Grill, 200 Jefferson Street. Yeas: Cooper, Crowfoot, Norton, and Schroeer. THE MOTION CARRIED. Registration of Scott Schumacher as Manager of The Neighborhood Grill, 1113 West Drake (Secretary's note: Scott Schumacher was not present and this item was postponed to the next meeting.) Registration of John Whiteker Buyot as Manager of Black -Eyed Pea Restaurant, 4312 South College, Approved John Whiteker Buyot, manager, stated that he has been manager at the Black -Eyed Pea for two months. He indicated that his prior experience involved working at Bennigan's in Kansas. He noted that he has become familiar with the Colorado liquor code by reading the packet from the Fort Collins City Clerk's office and has met with his company's human resource director in Denver. He explained the company liquor sales training program and that he has gone through it twice to be sure he is very familiar with it. He indicated that the DUI violation he received a while ago has been resolved. He noted that he would take the TIPS training. Authority member Schroeer made a motion, seconded by Authority member Cooper, to approve John Whiteker Buyot as Manager of Black -Eyed Pea Restaurant, 4312 South College. Yeas: Cooper, Crowfoot, Norton, Poncelow, and Schroeer. Nays: None. THE MOTION CARRIED. Report of Manager for Old Town Liguors, 238 East Mountain, Approved Kelly Farley, manager, stated that he has been a clerk at the store for two years. He indicated that while he has been employed at the store he was involved in a violation for serving a minor. He described the incident and explained that he hadn't been TIPS trained at the time. In response to questions from the Authority, Mr. Farley stated that he had been hired originally to change the clientele of the store by refusing service to minors and people who were visibly, habitually intoxicated and asking them to leave. He indicated that he has gone through the TIPS course and is waiting for his test results for TIPS certification. He indicated the 1986 assault charge in his record was resolved in court by payment of a fine. He stated that he has a copy of the liquor code on the premises and that the owner has also been TIPS certified. �i 171 June 24, 1992 Authority member Poncelow made a motion, seconded by Authority member Cooper, to approve Kelly Farley as manager of Old Town Liquors, 238 East Mountain. Yeas: Cooper, Crowfoot, Norton, Poncelow, and Schroeer. Nays: None. THE MOTION CARRIED. Request from Ben -Car Corporation, dba Spring Creek Bar and Grill, 1006 Spring Creek Lane, to Change, Alter, or Modify the Premises, Found Substantial and Approved Mary Ness, owner, and Elizabeth Bartek, manager, identified themselves. Ms. Bartek explained the business wishes to acquire additional space adjacent to the existing game room. She noted that the establishment is heavily involved in the pool and dart league in Fort Collins, which has experienced tremendous growth. She indicated they have been unable to accommodate this growth because of their limited square footage. She stated liquor would be served in the new area, indicating that the existing wall would be torn down and the area would be incorporated in the game room area. She noted they would move one of the dart boards to this area and put in at least one more pool table. In answer to a question from the Authority, Mr. Ness stated he did not anticipate the additional space would create an increase in alcohol consumption. Authority member Cooper made a motion, seconded by Authority member Poncelow, to find the proposed modification of Spring Creek Bar and Grill, 1006 Spring Creek Lane, is substantial. Yeas: Cooper, Crowfoot, Norton, Poncelow, and Schroeer. Nays: None. THE MOTION CARRIED. Mr. Ness stated he was prepared to proceed with the hearing at this meeting, and he and Ms. Bartek were sworn. Mr. Ness indicated he had some letters of support for the expansion. Assistant City Attorney John Duval noted that Applicant's Exhibit A, B, and E, identified as letters of support, were admissible into evidence. He noted that Exhibits C and D were not admissible for evidence in their present form because it isn't clear if the individuals meet neighborhood qualification for signatures. Authority member Poncelow made a motion, seconded by Authority member Norton, to approve the modification of Spring Creek Bar and Grill, 1006 Spring Creek Lane. Yeas: Cooper, Crowfoot, Norton, Poncelow, and Schroeer. Nays: None. THE MOTION CARRIED. June 24, 1992 Transfer of Ownership of Ram Liquors, 1119 West Drake, Approved Dan Tamlin, owner -president of Ram Liquors, Inc., explained that he wishes to incorporate the business. He stated that there are no other changes in the establishment. He indicated that there have been no liquor violations on the premises. Authority member Norton made a motion, seconded by Authority member Cooper, to approve the transfer of ownership of Ram Liquors, 1119 West Drake, from Dan Tamlin to Ram Liquors, Inc. Yeas: Cooper, Crowfoot, Norton, Poncelow, and Schroeer. Nays: None. THE MOTION CARRIED. Hearing on a New Application for a Beer and Wine License at Jim's Wings, 1205C West Elizabeth, Approved T. James Dunn, owner/manager, was sworn. He explained that he has had many requests from customers for beer and wine service in the restaurant. He stated he has been in business since August of 1991 and that 40% of sales is take out. He indicated that he expects to increase sales by 10% with the addition of alcohol. He noted that he will sell the beverages by the bottle only (beer and wine coolers) over the counter, which he believes will help in the control of the alcohol. He stated that his prior experience with alcohol sales was working and bartending for three years in a retail store in Laramie. He indicated that he intends to get TIPS certification and require it also of his employees. He noted that 50% of his clientele consists of college students. He indicated that he expects liquor sales to be about 10%. Assistant City Attorney stated that Applicant's Exhibit A, identified as a petition, is admissible to evidence. He noted that one signature was struck due to a lack of address. In response to a question from the Authority, Mr. Dunn stated he believes that people will not be coming in merely to drink and play video games. He stated that he wants to keep his establishment a restaurant, not a bar. He indicated that the other area business owners he has talked to are very positive about the addition of liquor. He noted that of the 35 signatures, there was 1 negative comment by someone who did not believe in signing petitions. He explained that he did not petition any of the homes in the neighborhood due to time constraints. Authority member Cooper made a motion, seconded by Authority member Norton, to adopt Resolution 92-04 approving the application of T. James Dunn, dba Jim's Wings, for a beer and wine license at 1205C West Elizabeth. Authority member Poncelow expressed concern that the applicant had not petitioned the neighborhood since it traditionally has had opinions about the number of June 24, 1992 licensed establishments in the area. She stated that to be truly representative of the neighborhood, a business needs to petition the residents as opposed to just the business owners. She noted that with all the school children in that neighborhood, residents are concerned about alcohol consumption. She stated that it is the residents to whom a business is truly responsible, not other business owners. Authority member Schroeer expressed the Authority's concern about a liquor license changing the character of a business. Mr. Dunn assured the Authority that he plans to keep tight control. Authority member Poncelow emphasized that the Authority's concern stems from the establishment being in an area frequented by many college students. The vote on Authority member Cooper's motion was as follows: Yeas: Cooper, Crowfoot, Norton, Poncelow, and Schroeer. Nays: None. THE MOTION CARRIED. Other Business Late Fees Assistant City Attorney John Duval stated he was available to answer any questions the Authority might have about the memo he sent to them regarding imposition of fees for late filing. He explained that with liquor licenses issued under the Colorado liquor code, late fees cannot be imposed, but with those issued under the Colorado beer code there is some ability to impose late fees. Authority Member Schroeer stated it would be inappropriate to impose fees on one type of license and not the other. He asked what then should be done with the problem. Assistant City Attorney Duval noted that the Authority still has the ability to conduct show cause hearings if the licensee hasn't filed within the required time period. Convenience Plus Authority member Norton asked if it would be appropriate to send a letter to the District Manager of Convenience Plus to let them know the Authority takes this matter of timely manager registration seriously. Secretary Harris stated she would include in the letter to the district manager of Convenience Plus that future failure to register a manager in a timely manner could result in a show cause hearing. 0 • Code Amendments June 24, 1992 Ms. Harris pointed out that the Authority had been provided with a memo from the City Attorney regarding, in part, amendments to Code provisions relating to the Liquor Licensing Authority. She noted that the changes were of a "housekeeping" nature and did not affect the functioning of the Authority. Worksession Secretary Harris asked the Authority if they would like to have a work session to learn more about the TIPS training program. After discussion, a tentative date of August 24th was selected, at 6:00 p.m. Ms. Harris requested the Authority submit any topics, in addition to the TIPS video, they wish to discuss at the August 24 training session. Boards and Commissions Workshop The Authority discussed a memo about the September 17th boards and commissions workshop to be conducted by the Attorney's office. Secretary Harris noted the topics of the workshop. Adiournment Authority member Schroeer made a motion, seconded by Authority member Cooper, to adjourn. Yeas: Cooper, Crowfoot, Norton, Poncelow, and Schroeer. Nays: None. URGEl7ii�Pt9:1:1:i! 1�1�1e The meeting was adjourned at approximately 8:00 p. /� rf s Secretary 6a ., Chairpe