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HomeMy WebLinkAboutLiquor Licensing Authority - Minutes - 05/27/1992LIQUOR LICENSING AUTHORITY MINUTES' Regular Meeting May 27, 1992 6:30 p.m. Council Liaison: Bob Winokur 11 Staff Liaison: Rita Knoll Harris A regular meeting of the Liquor Licensing Authority was held on Wednesday, May 27, 1992, in the Council Chambers of the Fort Collins Municipal Building. The following members were present: Cooper, Crowfoot, Mael, Norton, Poncelow, Schroeer, and Wawro. Authority Members Absent: None Staff Members Present: John Duval, City Attorney's Office Rita Knoll Harris, City Clerk's Office Troy Krenning, 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. 4 Phar-Mor, Inc., the 3.2% beer licensee for Phar-Mor #226, 4106 South College, is reporting a change of corporate officers. Charity Imbrie is replacing David Shapira as secretary. David Shapira is replacing Richard Nimtz as treasurer. VCG, Inc., the hotel -restaurant licensee for Senor Frog's, 2721 South College, is reporting a change of corporate officers and shareholders. Janna Warner is replacing John Carney as secretary. John Knight now owns 100% of the shares in the corporation. College. Mark Four, a partnership, the 3.2% beer licensee for Godfather's Pizza, 4010 South College, is reporting a change of structure for G-F Four Investments, Inc., one of the partners in Mark Four, a partnership. • • May 27, 1992 Virgil Gano, who was a shareholder in G-F Four Investments, Inc. died last August. Mr. Gano's shares in G-F Four Investments have transferred to his wife, Elaine Gano, who is also a party in G-F Four Investments. 4. Registration of Michael Ledbetter as Manager of Fort Ram 450 North Linden. The Graduate Restaurants, Inc., the hotel -restaurant licensee for Fort Ram, 450 North Linden, is requesting approval of Michael Ledbetter as manager of the establishment. Mr. Ledbetter is replacing Greg Garfield. 5. Transfer of Ownership of Diamond Shamrock #671 1113 West Drake This is a request to transfer the ownership of Diamond Shamrock #671, 1113 West Drake. Effective December 31, 1991, Diamond Shamrock Refining and Marketing Company merged into an inactive company, Diamond Shamrock Natural Gas Marketing Company, which was the surviving company. Immediately following the merger, the surviving company changed its name to Diamond Shamrock Refining and Marketing Company. The officers, directors and sole stockholder of the surviving corporation are identical to the licensee corporation. The manager of the establishment, Marie Byrne, was approved by the Authority in January 1990. 6. Transfer of Ownership of Diamond Shamrock #1100, 1501 West Elizabeth This is a request to transfer the ownership of Diamond Shamrock #1100, 1501 West Elizabeth. Effective December 31, 1991, Diamond Shamrock Refining and Marketing Company merged into an inactive company, Diamond Shamrock Natural Gas Marketing Company, which was the surviving company. Immediately following the merger, the surviving company changed its name to Diamond Shamrock Refining and Marketing Company. The officers, directors and sole stockholder of the surviving corporation are identical to the licensee corporation. The manager of the establishment, Marcie Ekberg, was approved by the Authority in November 1989. Authority member Crowfoot made a motion, seconded by Authority member Cooper, to adopt and approve all items not removed from the Consent Calendar. Yeas: Cooper, Crowfoot, Mael, Norton, Poncelow, Schroeer, and Wawro. Nays: None. THE MOTION CARRIED. Report of Change of Manager for Mini Mart #857, 1104 West Elizabeth, Approved JoAnn Hannon, manager, stated that when she was manager in the Loveland Mini Mart, there were no violations. She indicated that the Mini Mart training includes employees viewing films and signing an agreement form that they understand the liquor laws. She noted they card anyone who appears to be 30 or under and that they log all ID's. May 27, 1992 Authority member Poncelow made a motion, seconded by Authority to approve JoAnn Hannon as manager of Mini Mart #857, 1104 West Cooper, Crowfoot, Mael, Norton, Poncelow, Schroeer, and Wawro THE MOTION CARRIED. Registration of Janna Warner as Manager of Senor Frog's 2721 South College, Approved member Crowfoot, Elizabeth. Yeas: Nays: None. Janna Warner, manager, stated she was not involved in any violations at other licensed establishments. She indicated there is more bar business at Senor Frog's since the change from Farmer's Inn because the bar area was enlarged. Ms. Warner stated she trains the waitstaff on how and when to check ID's. She noted everyone under 35 is carded. Ms. Warner indicated that if one of the waitresses were to have a violation, she would review the situation, and if the person had done something she knew she shouldn't have, she would terminate her. Authority member Crowfoot made a motion, seconded by Authority member Poncelow, to approve Janna Warner as manager of Senor Frog's, 2721 South College. Yeas: Cooper, Crowfoot, Mae], Norton, Poncelow, Schroeer, and Wawro. Nays: None. THE MOTION CARRIED. Report of Change of Corporate Structure and New Manager for J.B.M.P., Inc., dba Spirits, 2601 South Lemav #18, Approved Dan Davis and Jim Petroff introduced themselves. Dan Davis, manager, stated he had previous experience owning a liquor store in Minnesota and noted he trained the staff there. He indicated he is familiar with the Colorado liquor laws. He noted he has been through the current TIPS program and will send new employees to TIPS. He stated they card anyone who looks 40 or under. He indicated the policy is to terminate any employee who serves someone underage or doesn't card appropriately. He noted he had no violations in Minnesota. Jim Petroff stated when Mr. Johnson divested himself of any interest in the business, he purchased the assets and is now the sole investor. He spoke of the check he did in Minnesota on Mr. and Mrs. Davis prior to hiring them. Mr. Petroff indicated his store has served the suspension period. Mr. Davis indicated he is aware of the previous violation at Spirits and the terms of the stipulation agreement. Authority member Cooper made a motion, seconded by Authority member Schroeer, to approve the change of corporate structure and accept Dan Davis as manager of J.B.M.P., Inc., dba Spirits, 2601 South Lemay #18. Yeas: Cooper, Crowfoot, Mael, Norton, Poncelow, Schroeer, and Wawro. Nays: None. 0 May 27, 1992 THE MOTION CARRIED. Consideration of an Application from the Downtown Business Association for a Special Events Permit in Old Town Square on June 27, 1992, Approved Maggie Kunze, Executive Director of the Downtown Business Association, stated this is the third year for the Colorado Brewer's Festival. Using visuals, she showed the Old Town area and described the boundary changes to include an expanded area. She indicated they would limit access to the area as before, and noted they will move the beer location so that people won't be congregating in the area around the fountain. She noted the Fire Authority has approved the plan of blocking off Walnut. She stated that all people who drink beer in the approved area will be ID'd and tagged with a hospital -type bracelet at each checkpoint. She noted the servers will not pour beer for anyone without a bracelet. She indicated they will train 150 volunteers and hire 12 security people. Authority member Norton made a motion, seconded by Authority member Cooper, to approve the application from the Downtown Business Association for a special events permit in Old Town Square on June 27, 1992. Yeas: Cooper, Crowfoot, Mael, Norton, Poncelow, Schroeer, and Wawro. Nays: None. THE MOTION CARRIED. Request from Mark -Four, a Partnership, dba Godfather's Pizza, 4010 South College, to Change, Alter, or Modify the Premises. Found Substantial and Approved Mario Miano, partner and general manager, described the patio they wish to add to the licensed premises. He stated he plans to start with patio seating of 90 with the option of increasing to 180 in the future. He indicated he does not anticipate an increase in percentage of beer sales, which is currently at four to five percent. He noted that both patio areas will be licensed and that the south patio entrance is for handicapped accessibility only. He indicated the fence will probably be a 4' high wrought iron fence. He stated that the customers order their food, but bus people bring it to the tables. He noted, however, that the customer buys his beer and brings it to his table. He stated that if a person wants a second beer, he will have to go into the restaurant to buy it and then bring it back to the patio himself. He indicated someone will always be in and out of the dining room/patio, such as a manager, servers, and bus staff. He stated that the staff is trained in alcohol serving laws. He described the visibility from the inside to the patio. In response to questions from the Authority, Mr. Miano stated it would be possible for people to pass beer through the fence. He indicated he shares the Authority's concern that underage people could drink beer on the patio and stated management will be careful about monitoring this. May 27, 1992 Authority member Poncelow made a motion, seconded by Authority member Crowfoot, to find the modification of Godfather's Pizza, 4010 South College, is substantial. Yeas: Cooper, Crowfoot, Mael, Norton, Poncelow, Schroeer, and Wawro. Nays: None. THE MOTION CARRIED. Mario Miano was sworn. He presented petitions to the Assistant City Attorney for review. Mr. Miano stated that Godfather's landlord has consulted with the manager and owner of Cables End about the patio and they have no problem with it. He indicated there will be no live entertainment or "drown nights" with rock bands. He stated he did not believe the patio would present noise problems with any other nearby businesses. In response to concerns expressed by the Authority, Mr. Miano assured the Authority he has nothing else in mind for the patio "down the road", but that it is simply additional seating and outdoor atmosphere. Assistant City Attorney John Duval stated there was a possible problem in admitting the petitions into evidence. He asked Mr. Miano if he circulated the petitions or if the customers signed them in the restaurant. Mr. Miano stated the petitions were signed by customers in the restaurant and that he was not necessarily present when all the signatures were placed on the petitions. He noted he could not identify which signatures he witnessed. Mr. Duval pointed out that in reviewing the five pages of petitions, he found the signatures can't be verified by the person circulating them. He noted that many signatures did not have addresses and therefore it cannot be determined if the people live in the neighborhood or are owners or managers of neighborhood businesses. He stated that many of the signatures clearly indicate that the people are under 21 years of age. He indicated that the petitions (Applicant's Exhibit B) were not admissible into evidence. He noted that Applicant's Exhibit A, identified as a letter from Mr. Robert Dildine, representing himself as a partner of Fountain Head Center and owner of Fountain Head Retail Center, would be admissible into evidence. Mr. Miano stated he understood Mr. Duval's position on the petitions, but he did want to go ahead with the proceedings. He indicated that he presented the original petitions for the license when it was granted in August. Secretary Harris offered a clarification regarding the portion of the diagram that doesn't show any seating. She stated that in order to license the patio area to the south, the licensed premises have to be continuous. She noted that the patio area is already naturally enclosed by brick wall and the Cables End building, so that's why the diagram shows a large area, which is necessary for a continuous flow of the licensed premises. Authority member Schroeer made a motion, seconded by Authority member Poncelow, to approve the modification of Godfather's Pizza, 4010 South College. • • May 27, 1992 VA Authority member Cooper commented he would reluctantly support the motion. He indicated he had reservations about the lack of additional input from the neighborhood and expressed concerns about the lack of supervision on the patio. He encouraged Mr. Miano to keep a very close eye on the patio Mr. Miano stated as the general manager and one of the partners, he was going to be as careful as possible with the patio addition. He noted he has worked with Godfather's for 15 years in 9 different states and never had an incident. He assured the Authority he will do the best possible job. The vote on Authority member Schroeer's motion was as follows: Yeas: Cooper, Crowfoot, Mael, Norton, Poncelow, Schroeer, and Wawro. Nays: None. Transfer of Ownership of Schrader's Country Store #400, 1331 West Elizabeth, and Trade Name Change to Odie's Country Store, Approved Otis Agnew, owner, and Nancy Agnew, owner and manager, identified themselves. Otis Agnew stated he has no prior experience in liquor sales. He indicated he has not yet educated himself in the liquor laws, but wants to take any available classes. He noted that his wife will operate the business. Nancy Agnew stated she has not had experience with liquor sales either, but has read the materials Schrader Oil Company has given her and she intends to go to other available classes. The Authority encouraged her to take the TIPS training, expressing concern that with the establishment being located near the college, there's a lot of alcohol sales there. Mrs. Agnew indicated the business sells a minimal amount of alcohol, with a high sale day reaching approximately $15. She stated she has four employees. She noted she plans to train them by having them attend the Schrader's training meetings and perhaps the TIPS training. In response to a question from the Authority, Assistant City Attorney John Duval stated that the application could not be made conditional upon the applicants attending some type of training. He indicated that the moral character of the applicant is the only determining factor in granting or denying the transfer of a liquor license. Authority member Cooper made a motion, seconded by Authority member Crowfoot, to approve the transfer of ownership of Schrader's Country Store #400, 1331 West Elizabeth, and trade name change to Odie's Country Store. The Authority strongly recommended that the Agnews get involved in the TIPS program or attend Schrader's classes even though liquor sales constitute a small portion of the business. They emphasized that the establishment is in a very • • May 27, 1992 vulnerable area (near the University) and there is always the possibility that liquor sales could increase in the future. The vote was as follows: Yeas: Cooper, Crowfoot, Mael, Norton, Poncelow, Schroeer, and Wawro. Nays: None. THE MOTION CARRIED. Transfer of Ownership of Beckett's, 3905 South College, and Trade Name Change to The Olive Garden Italian Restaurant, Approved Trudie Boston, legal assistant and a corporate officer of General Mills Restaurants, Inc., gave a presentation. She stated that General Mills owns and operates approximately 551 Red Lobster restaurants and 320 Olive Garden restaurants throughout the U.S., including four other Colorado locations. She indicated that they are demolishing the existing Beckett's and constructing a new building on the site. She noted the interior will feature brightly -colored cafe umbrellas and handdrawn murals, with seating for 360 (332 in the dining area and 28 in the lounge). She noted that clientele perceives The Olive Garden as a dining establishment, not as a drinking place. She noted that all Olive Garden managers and employees who work with alcoholic beverages receive alcohol awareness education. Brad Kirby, general manager of the Aurora Olive the alcohol awareness program. He stated the younger. He noted that training is given to bartenders. He indicated they are required to intoxicated, and to inform managers of anyo intoxicated. He noted that the lounge is ther table and that it closes as the same time as tF Olive Garden does not promote happy hour or la Garden, presented an overview of establishment ID's anyone 25 or all hosts, busers, waiters, and lever serve anyone who is already ie who is at risk of becoming a to serve patrons waiting for a e dining room. He indicated the to night entertainment. Ms. Boston indicated that construction is expected to be completed by early spring of 1993. She stated that the manager will not be assigned until 45 days prior to opening. She noted they are aware of the requirement to register the manager. Mr. Kirby stated that a manager for the Fort Collins Olive Garden will be from Fort Collins. He stated that the Olive Garden is a family -type business with a clientele similar to that of the Red Lobster. The Authority commended General Mills for having only 2 suspensions in the company's 24 years of operations. Authority member Crowfoot made a motion, seconded by Authority member Cooper, to approve the transfer of ownership of Beckett's, 3905 South College, and trade name change to The Olive Garden Italian Restaurant. Yeas: Cooper, Crowfoot, Mael, Norton, Poncelow, Schroeer, and Wawro. Nays: None. THE MOTION CARRIED. • • May 27, 1992 Hearing on a New Application for a Beer and Wine License at Mountain Tap Tavern/Cafe, 167-169 North College, Approved James Parker, owner/manager, was sworn. He stated he moved to Fort Collins to begin the publication Rocky Mountain Brews, which features the micro -brewing industry. He stated that Mountain Tap's concept is one of the old-fashioned neighborhood tavern/pub, where the bartender knows you. He noted he will be the main bartender, with an assistant manager and several other employees behind the bar. He indicated that all beer will be sold at the bar, with no wait staff. He noted he has been a volunteer in the past for the Colorado Brewfest. He indicated he completed the training program for servers at the Great American Beer Festival, where he's volunteered the past two years. He noted the Mountain Tap building is divided into two areas, cafe and tavern. He indicated he believes anyone can feel comfortable bringing small children to the cafe side. He stated the menu will include sandwiches, sausages, and chili. He presented petitions to the Assistant City Attorney for review. Assistant City Attorney John Duval stated he has reviewed Applicant's Exhibit A, identified as a summary of the petition results, and Exhibits B through M, identified as petitions. He asked Mr. Parker to explain the crossed -out signatures. Mr. Parker stated that he, his wife, and another person who will be assisting at the business, circulated the petitions. He noted that on reviewing the petitions before having them notarized, he crossed out two addresses that were out of the designated neighborhood and several where one person had signed both petitions. Mr. Duval stated Applicant's Exhibits A through M were admissible into evidence. In response to questions from the Authority, Mr. Parker summarized the petitions. He stated 234 people signed in favor, 0 signed in opposition, 16 declined to sign, and he struck 5 signatures for the reasons stated earlier. He stated that the projected opening date is June 26. He stated that if one person asks the bartender for more than one beer, perhaps a pitcher with glasses, he would ask to see the ID of all people involved. He indicated all beer will be sold at the bar in the tavern side, but patrons can take it to the cafe side. He stated there won't be wait staff monitoring the use of the alcohol in the cafe, but he and his wife and the kitchen staff will be picking up glasses and will be observant. The Authority recommended that Mr. Parker keep in mind that violations will occur if an adult customer takes alcohol from the bar and gives it to an underage person on the cafe side. Mr. Parker noted he plans to hire a total staff of 10 and will train them himself as well as have everyone go through the TIPS training. Authority member Poncelow made a motion, seconded by Authority member Crowfoot, to adopt Resolution 92-03 approving the application for a beer and wine license at Mountain Tap Tavern/Cafe, 167-169 North College. Yeas: Cooper, Crowfoot, Mael, Norton, Poncelow, Schroeer, and Wawro. Nays: None. • • May 27, 1992 THE MOTION CARRIED. Show Cause Hearing for The Junction, 518 West Laurel John Stavely, attorney representing the licensee, and Van Hollowell, regional manager, introduced themselves. Assistant City Attorney John Duval stated that a stipulation agreement with regard to the violations had been reached. He noted that a copy of the stipulation agreement was included in the Authority's agenda packets. He summarized the provisions of the agreement as follows: The licensee and Police Services stipulate to the violation that occurred April 4, 1992: selling an alcoholic beverage to a person under the age of 21. The parties request the Authority dismiss the remaining violations set forth in Mr. Duval's letter of April 24, 1992, with prejudice. As a penalty for the violation that has been stipulated to, the licensee agrees to a 90-day suspension of its license: 15 days to be actively served, with the remaining 75 days to be held in abeyance for a period of 1 year from the Authority's approval of the stipulation. The 15 days active suspension will occur June 16 to June 30, 1992. The 75 days will be held in abeyance provided that within 1 year from the approval date there are no violations of the terms of the stipulation or any other violations of the Colorado Liquor Code. The licensee will post the licensed premises. The licensee will serve an additional 5 days suspension that was being held in abeyance for violating a stipulation entered into November 20, 1991, for a violation occurring August 25, 1991. These 5 days will be served July 1 to July 5, 1992, with a posting of the premises. 6. The licensee also agrees that during the 1-year period, until they have completed the construction of a 6' solid wooden fence on northern and western boundaries, they will close the business at 12:00 midnight every Sunday, Monday, Tuesday, Wednesday, and Thursday. During the 1-year period, the licensee agrees to limit live entertainment to 2 nights per calendar month. Within 30 days of approval of the stipulation they will purchase a Colorado Liquor and Beer Code book and maintain it on the premises. E • May 27, 1992 8. The licensee requests that the Authority not hold a hearing on their upcoming application for license renewal (license expires June 30, 1992). In answer to questions from the Authority, Mr. Duval stated that the Authority does have the power to agree not to hold a public hearing on the renewal of the license. He stated that the only requirement during the licensee's active suspension is that liquor will not be sold; if they wish to remain open for food service only, they may. In response to Authority member Poncelow's question as to why the other four violations were to be dismissed with prejudice, Mr. Duval stated that this was part of the negotiated stipulation. He noted that "with prejudice" means those particular violations cannot be brought against the licensee again. He summarized the history of other violations since June of 1987. Officer Troy Krenning stated that the stipulation agreement was the result of many hours of negotiation with the parties involved, including residents of the neighborhood. He gave a scenario of the events leading to the agreement, where all parties expressed and addressed their concerns. He stated he believes some severe sanctions have been built into the agreement. He indicated he believes he speaks for the residents who have expressed concerns in the past when he says the stipulation is agreeable to them and is the best and most fair that can be entered into. Officer Krenning noted that the main neighborhood liaison between The Junction and Police Services is Mrs. Jean Kamal, and that she has helped him contact the neighbors who have expressed a sincere interest in having problems resolved. He stated he incorporated into the stipulation the agreement of the neighborhood in order to resolve all the issues at once in addition to addressing the violations which prompted the show cause hearing. Authority member Cooper expressed his concern that Officer Krenning had talked to a maximum of only 7 people, and that he didn't understand why there was stipulation that no hearing should be held for the upcoming license renewal. Officer Krenning stated that this stipulation was based on the meetings with those 7 individuals, rather than the greater number of people who have come before the Authority with complaints, because they were the ones who have consistently asked the Police Department for help with the problems. He noted that the licensee suggested the fence to solve the problem of rowdy people spilling out into the parking lot when the establishment closes at 2:00 a.m., causing a disruptive noise pattern for the neighborhood. He stated he believes The Junction will have better control of the people leaving the premises since they will now have to exit from the restaurant onto a public street. As for the live entertainment, he stated limiting it to a maximum of two nights a month should lesson the noise on nights when neighborhood residents are trying to sleep before a workday. Mr. Stavely stated that a lot of time and effort had been put into reaching an agreement with Police Services that addresses many of the concerns of the neighborhood. He noted they intend to continue to make contact with the neighborhood liaison leaders. He indicated that in addition to using the fence to solve the parking lot problem, there will be more emphasis on the menu, which is tripling in size. He stated there will be a focus on sporting events as well • • May 27, 1992 as a de -focus on live entertainment. In response to how the establishment is going to take care of the problems with the sale of alcohol, such as carding policies and serving minors, he indicated that all doorpeople will be TIPS certified. He noted that the greater emphasis on food should help. He spoke of new liability that employees would face for violating a law or policy. He noted he hopes to hire off -duty police officers to help card people. In response to questions from the Authority, Mr. Hollowell stated that the management company, Concept Restaurants, has 23 establishments in Colorado, including Old Chicago and Becketts. He acknowledged that the past approach at The Junction has not been correct. He noted they plan to remove the pool tables, change the theme to be more sports oriented, emphasize food, and aim at removing the late night bar business. He indicated they are going to change decor and change the name. He explained that "expanding the menu" means there will be an increase in the offerings on the menu, as well as offering breakfasts on the weekends. Officer Krenning stated that in addition to the stipulation agreement, The Junction will also have a new manager, an employee from Boulder. He noted this new manager met with him and the neighbors Thursday night and was received positively. He indicated the new manager's approach is geared differently from that of past managers. Officer Krenning believed it was important to note that The Junction has admitted to the violations, has willingly met with the neighbors, and that the stipulation provides a workable balance of addressing everyone's concerns and needs. He stated that future complaints at the establishment will still be investigated as in the past and any violation will have to be addressed by the Authority. He stated he believes there was a severe penalty built into the agreement to keep The Junction from selling beer to intoxicated or underage people. Authority member Cooper made a motion, seconded by Authority member Poncelow, not to accept the stipulation agreement for the Fort Collins Junction, Inc., dba The Junction, 518 West Laurel. Authority member Poncelow stated she would support the motion because she believes the issues of the neighborhood and the violations of the law should be separated. She indicated she also did not like the fact that the Authority could not call a hearing, should they choose to do so, on renewal of the license. She noted she believes the issues such as a larger fence and containing the rowdiness in the neighborhood should be handled by the renewal process. She stated she could not see "dumping off" the violations of serving to minors and a visibly intoxicated person. She expressed her belief that the 20 days active suspension will not be a big loss for The Junction since their primary clientele is gone for the summer. Authority member Wawro indicated he would not support the motion because he believes there is a good balance in the stipulation agreement of the issues between all parties involved. He stated he believed it was a good, solid document that should be approved by the Authority. Authority member Norton stated she would not support the motion primarily because she trusts Police Services and Officer Krenning's efforts on the part of the City. She noted that if The Junction violates the agreement, a 75 day suspension • 0 May 27, 1992 is a heavy penalty and is as harsh as it would be if all the violations were noted on the record. Authority member Schroeer indicated he would not support the motion because this is an opportunity for The Junction to change direction. He stated he believes the closure time is not heavy enough but it will serve the purpose. He expressed his belief that the agreement is well balanced between concerns and needs of all parties. Authority member Crowfoot stated she will not support the motion because she believes Officer Krenning has done an excellent job of bringing the stipulation agreement about. She expressed her appreciation for those in the neighborhood who participated in working out the agreement. Authority member Cooper indicated he cannot support the agreement because it takes away the public's right to be heard at a renewal hearing of the license. He noted the Authority has heard from only 7 neighborhood residents and he did not believe it was fair to the remainder. He pointed out that, even with five violations pending, The Junction still hasn't obtained a Liquor Code book, but is asking for a 30 day -grace period to do so. He noted he has a serious problem with a business that has a suspension for underage drinking, a suspension for removing liquor from the business, and a possible future suspension. He stated he believes The Junction did not have a strong desire to change but were only looking for a way out. Authority member Mael stated he will not support the motion, although he shares some of the same concerns as Authority member Poncelow expressed. He indicated he believes the penalty for any future violation is good incentive for them to correct the problem or they will be back before the Authority. The vote was as follows: Yeas: Cooper and Poncelow. Nays: Crowfoot, Mael, Norton, Schroeer, and Wawro. THE MOTION FAILED. Authority member Norton made a motion, seconded by Authority member Crowfoot, to accept the stipulation agreement for the Fort Collins Junction, Inc., dba The Junction, 518 West Laurel. Yeas: Crowfoot, Mael, Norton, Schroeer, and Wawro. Nays: Cooper and Poncelow. THE MOTION CARRIED. Authority member Cooper stated he believes The Junction now has a tremendous edge that he hopes they will capitalize on. He indicated he would not want to see them back before the board under these circumstances. Authority member Schroeer indicated that it was his personal opinion that if the Authority does see The Junction back before the board, he would make every effort to go for the maximum they could do on the issue. E • May 27, 1992 Other Business Request from Fort Collins Junction, Inc., dba The Junction, 518 West Laurel, to Change. Alter, or Modify the Premises John Stavely spoke to the request from Fort Collins Junction, Inc., dba The Junction, 518 West Laurel, to modify the premises. He indicated that part of the change in focusing on food is to remove the pool tables in the middle of the establishment and install tables for dinner seating. He noted the dinner table chairs will replace bar stools. Van Hollowell, regional manager, indicated that replacing the current bar stools around the pool tables with chairs for dining tables will not change the seating numbers. He noted there will be no structural changes. At the request of the Authority, Assistant City Attorney John Duval read Regulation 47-106.2 relating to modifications. The Authority discussed how to apply the Regulation to this situation and discussed how the Regulation had been applied in other situations. Authority member Schroeer made a motion, seconded by Authority member Wawro, to find the proposed modification of The Junction, 518 West Laurel, is not substantial. Yeas: Cooper, Crowfoot, Mael, Schroeer, and Wawro. Nays: Norton and Poncelow. II:I41ubliiQXt11.111:iT" Old Town Liquors Secretary Rita Harris brought the Authority's attention to a memo she had provided them with regarding Old Town Liquors. She reminded the Authority that at its November 20 meeting it approved the transfer of ownership of Old Town Liquors Mary Chung to In Seon John contingent upon Mrs. John receiving a work permit from the Immigration and Naturalization Service. Ms. Harris explained that although the work permit is still pending, it has come to her attention that the law does not require Mrs. John to have a work permit in order to own a business, but Mrs. John must have the permit in order to work in the business. She indicated that the sale of the business is being hampered by the Authority's previous action. She stated that Mrs. John and her attorney are requesting, and staff is recommending, that the Authority make a motion to remove the original contingency, which stipulated that the transfer of ownership was contingent upon Mrs. John receiving a work permit, and order Mrs. John to submit an application for approval of the person who will be managing the store while she is awaiting her work permit. Authority member Cooper made a motion, seconded by Authority member Norton, to remove the condition placed on the approval of Mrs. John's transfer of ownership application, and requiring that she have a manager registered before the final agreement is approved. • May 27, 1992 Ms. Harris explained that the motion created a further problem for Mrs. John because the manager registration could not be done until the June 24 meeting. She noted the parties hope to complete the sale of the business by June 1. Authority member Cooper withdrew his previous motion. He made a new motion, seconded by Authority member Norton, to remove the condition placed on the approval of Mrs. John's transfer of ownership application. Yeas: Cooper, Crowfoot, Mael, Norton, Poncelow, Schroeer, and Wawro. Nays: None. THE MOTION CARRIED. Police Report Officer Troy Krenning introduced Sgt. Tom McLellan, supervisor of the Selective Enforcement Unit. He stated that Sgt. McLellan will probably come before the Authority on occasion in the future. Officer Krenning also introduced Brenda McCoy-Manfredo, the certified TIPS instructor currently working with Police Services. He indicated he had worked with her in the last two months to put on the TIPS training. He also gave an overview of the three sessions of TIPS training recently offered. He indicated it was well received and he hopes to offer it two more times in 1992. He noted that Ms. McCoy-Manfredo has a 20- minute TIPS video presentation that the Authority may be interested in watching. Officer Krenning stated that during the last several weeks he had been invited to CooperSmith's, Pasta Jays, and the Holiday Inn to meet their staffs and discuss concerns that have been expressed from Police Services and the Authority. He indicated that he was impressed with the training CooperSmith's gave their employees, called SMART, and he distributed a packet to the Authority for their information. He stated that Pasta Jays employees expressed concerns and asked many questions regarding their responsibility in serving liquor. Officer Krenning addressed the recent violation at the Holiday Inn and stated a spotcheck was done by the State based on a complaint they had received. He noted there were several contacts that night with people under the age of 21. He indicated they've entered into a stipulation agreement with the State. Officer Krenning addressed the Authority's concern that although the Helmshire Inn is not a licensed establishment, there were allegations about liquor sales to people under the age of 21 and serving beyond the point of intoxication. He indicated he contacted Mr. Grant Gibson, co -manager of the catering service for the Helmshire Inn, and explained to him that the Police Department could take criminal action against him even though he did not hold a liquor license. Officer Krenning stated he believes that the communication he had with Mr. Gibson probably eliminated any problems that might come up. He explained that Mr. Gibson indicated he provides the wine and beer as a part of the catering fee, which Officer Krenning believes is a violation. He indicated Mr. Gibson agreed he will not provide alcoholic beverages anymore. • 0 May 27, 1992 Officer Krenning stated he is currently working with the State on four cases where felony arrest warrants are being sought for students who obtained false identification. He indicated Police Services is concerned not only about violations by licensed establishments, but with underage people who attempt to buy alcohol. He discussed the serious College Avenue car collision involving a DUI where witnesses stated they had seen the truck driver exit the area of North College Liquors prior to the accident. He stated after investigation, he found no tie between the licensed establishment and the collision. He noted he found North College Liquor had not violated any law and there is no need for concern about them. He indicated it appeared that the driver had been drinking all day on his job as a self-employed truck driver. Upon questioning from the Authority, Officer Krenning indicated it had not been established yet whether the DUI motorcyclist who was fatality wounded near Woodward Governor had been drinking at a licensed establishment. He stated that the State will be investigating that case and did not know if the Fort Collins Police Department will be co -investigating. He noted he will follow the case and report to the Authority if necessary. Officer Krenning thanked the Authority for accepting the stipulation agreement with The Junction and expressed his appreciation for the comments by Authority members Cooper and Poncelow concerning taking away the public's right for justice. He indicated he did not feel a rejection of stipulation agreements by the Authority circumvents his authority as a police officer and hoped they did not believe he was trying to circumvent theirs by offering stipulation agreements. Authority member Cooper indicated to Officer Krenning that any time a proposal was brought before the Authority which limits the public's right to have access, he would vote against it. He stated he believes it is very important the public have a right, especially at subsequent hearings. Secretary Harris made the Authority members aware that the Police Department's investigation into the whole matter of The Junction stemmed initially from a complaint to a council member from the neighborhood about noise and that's why the stipulation combined the issue of the neighborhood with that of the violations. Authority member Mael indicated he had received 2 phone calls complimenting the direction being taken by the Authority and the Police Department over the last three months. He stated that a third call was by someone who thought they could circumvent the City Clerk's office by calling him to get a ruling on something, but he directed them back to the City Clerk. Adjournment Authority member Norton made a motion, seconded by Authority member Poncelow, to adjourn. Yeas: Cooper, Crowfoot, Mael, Norton, Poncelow, Schroeer, and Wawro. Nays: None. • May 27, 1992 THE MOTION CARRIED. The meeting was adjourned at approximately 9:25 f ./ C air son /2�x Secretary