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HomeMy WebLinkAboutLiquor Licensing Authority - Minutes - 07/07/2008LIQUOR LICENSING AUTHORITY MINUTES Regular Meeting - July 7, 2008 1:00 p.m. Staff Liaison: Aimee Jensen A regular meeting of the Liquor Licensing Authority was held on July 7, 2008 in Municipal Court, Justice Center, 215 North Mason. Judge Kathleen M. Lane presiding. Staff in attendance: Teresa Ablao, Senior Assistant City Attorney Robert Younger, Liquor Enforcement Officer JennyLopezFillans, Assistant City Attorney Aimee Jensen, Deputy City Clerk Consent Agenda Deputy City Clerk Jensen stated there are no changes to the agenda. Show Cause Hearing for Suite 152, Inc., dba Suite 152, Bldg. 23, Old Town Square, Stipulation Agreement Approved Stewart Olive, attorney representing Suite 152, Inc., stated they have admitted to the violation. Mr. Olive briefly described the efforts the owners of Suite 152, Inc., have put in place to prevent further violations. Senior Assistant City Attorney Ablao summarized the stipulation agreement. She stated that the Licensee has agreed to a 7 day suspension, 7 days served (paid fine in lieu of suspension $2265.72), for violating C.KS., 12-47-901 (1)(a.5), permitting the sale or service of alcohol beverages to a person under the age of 21 years. Judge lane approved the findings, conclusion and order accepting the stipulation agreement as presented for Suite 152, Inc., Bldg. 23, Suite 152, Old Town Square. Transfer of Ownership of Old Town V me & Spirits, 214 South College Avenue, from Wine Ventures, Inc., to Ubl Enterprises, LLC. Approved Ben Ubl, representative for Ubl Enterprises, LLC, stated patrons will not see any difference with this transfer of ownership. He stated there has been onlyminimal changes to the premises, such as moving shelving. Mr. Ubl stated he is the only employee. He stated he has completed TIP's training and will provide Deputy City Clerk with proof of completion. July 7, 2008 Judge Lane approved the transfer of ownership of Old Town Wine & Spirits, 214 South College Avenue, from Wine Ventures, Inc., to Ubl Enterprises, LLC. Hearing on a New Application from Bannthai Restaurant, LLC for a beer and wine license at Bannthai Restaurant, 626 South College Avenue, Approved Suda Lapakulchai, representative for Bannthai Restaurant, LLC, was sworn and stated they will not be serving alcohol on the patio. She stated they will not be open until August 1, 2008 and will be open 6 days a week from 11:00 a.m to 10:00 p.m. Ms. Lapakulchai stated theywill ID any -patron that orders beer or wine. She stated at least 3 people will be working the dining room area. Ms. Lapakulchai stated they will store their beer and wine in the basement and in the bar area. She stated she will be responsible for training her staff in the sale and service of beer and wine. Ms. Lapakulchai stated she has a current copy of the liquor code on premise. Ms. Lapakulchai briefly described the petitioning process. She stated she received a few comments in opposition to this application, however, the majority of responses were supportive. In response to a question from Assistant City Attorney Lopez-Filkins, the Liquor Licensing Authority dis-allowed the second set of petitions submitted by Ms. Lapakulchai. Judge Lane adopted Resolution 2008-10 approving an application from Bannthai Restaurant, LLC, for a beer and wine license at Bannthai Restaurant, 626 South College Avenue. Hearing on a New Application from Old World Foods, LLC for a hotel -restaurant liquor license at Cafe Athens, 2842 Council Tree Avenue, # 149, Approved Del Deschene, representative for Old World Foods, LLC, was sworn and stated this will be a fast casual dining type restaurant. He state alcohol will be ordered by the patron in the bar area. Mr. Deschene stated they will hire trained bartenders. He stated they will attend Liquor Enforcement Officer Younger's training. Mr. Deschene stated they will require their entire crew attend the training. He stated patio access is onlythrough the restaurant. Mr. Deschene stated theywill be hiring approximately 20 employees. He stated liquor sales will be approximately 8-12%. Mr. Deschene stated the emphasis is the sale of full meals. He stated they have zero tolerance for violating the liquor code. Mr. Deschene stated they have a current copy of the liquor code on premise. Mr. Deschene briefly described the petitioning process. He stated they received many positive responses in support of this application. Judge Lane adopted Resolution 2008-13 approving an application from Old World Foods, LLC, for a hotel -restaurant liquor license at Cafe Athens, 2842 Council Tree Avenue, # 149. July 7, 2008 Hearing on a New Application from Wildrock W6, LLC for a hotel -restaurant liquor license at Wildrock Cafe, 2631 South College Avenue, Approved Lawrence Casperson, representative for Wildrock Cafe, LLC, was sworn. He stated his customers are requesting they serve mixed drinks. Mr. Casperson stated there mezzanine was not included in the original diagram He stated the seating capacity is 110. Mr. Casperson stated they will not be serving breakfast. He stated he has an experienced bartender employed at the restaurant. Ms. Pietrs, representative for Esquire Petitioning Services, was sworn. She briefly described the petitioning process. Judge Lane entered the petitions as Exhibit 1. Judge Lane adopted Resolution 2008-14 approving an application from Wildrock Cafe, LLC, fora hotel - restaurant liquor license at Wildrock Cafe, 2631 South College Avenue. Hearing on a New Application from JimmyC's, LLC for a beer and wine license at JimmyC's Traditional British Fish & Chips, 2722 South College Avenue, Approved Jaynes Comer, representative for JimmyC's, LLC, was sworn and stated that beer and wine will only be a compliment to the meal. He stated this establishment will primarily be a restaurant. In response to questions from the Authority, Mr. Comer brieflydescribed the diagram He stated anyemployee found in violation of the liquor code will be immediatelyternvnated. Mr. Comer stated he will obtain a current copy of the liquor code to maintain on premise. KellyPietrs, representative for Esquire Petitioning, was swom. She briefly described the petitioning process. Judge Lane entered the petitions in as Exhibit 1. Judge Lane approved Resolution 2008-16 an application from JimmyC's, LLC for a beer and wine license at JimmyC s Traditional British Fish & Grips, 2722 South College Avenue. Hearing on a New Application from McCoy's Morning Glory, Inc., fora hotel -restaurant liquor license at McCoy's Morning Glory Restaurant, 1003 West Horsetooth Road. Approve Torrey McCoy, representative for McCoy's Morning Glory, Inc., was sworn. He stated they are a breakfast/lunch restaurant and occasionally have evening events. Mr. McCoy stated Sunday brunch patrons have requested alcohol service. In response to a question from the Judge, Mr. McCoydetailed the diagram He stated they will have a designated server for the patio area and that the patio is fully visible from inside the restaurant. Mr. McCoy stated he will train his staff. He stated they will ID any patron that appears to be 40 or under. Mr. McCoy stated he has a current copy of the liquor code on premise. July 7, 2008 Tina Scott, representative for Oedipus, Inc., was swom. Ms. Scott briefly described the petitioning process, stated they received many comments in support of this application. Judge Lane adopted Resolution 2008-12 approving an application from McCoy's morning Glory, Inc., fora hotel -restaurant liquorlicense atMcGD)%s Morning GloryRestaurant,1003 West Horsetooth Road. Judge Lane called for a 5 minute recess. Show Cause Hearing for Shadow Bar, Inc., dba Drunken Monkey 151 South College Avenue Hearing Continued to July 9, 2008 at 1:00 p.m. Stewart Olive, representative for Shadow Bar, Inc., stated he does not have an opening statement. Senior Assistant CityAttorney, representative for the Fort Collins Police Department, stated she does not have an opening statement. Officer Younger, Liquor Enforcement Officer, was sworn. He briefly described his duties. Officer Younger stated he responded to a call from Officer Matt Johnson on location at the Drunken Monkey, 151 South College Avenue. In response to questions from Senior Assistant City Attorney Ablao, Officer Younger detailed the events of the evening on October 12, 2007. He stated he has had many hours of training with respect to detecting the level of intoxication of an individual. Officer Younger stated he has administered at least 250 roadside maneuvers to determine if an individual is intoxicated. He stated he detemrined that Mr. Carrier (victim) was highly intoxicated. Officer Younger stated he believed the force used by the staff of the Drunken Monkey on Jordan Carrier was unreasonable. Exhibit A a copy of the Mr. Carver's drink receipt, was entered into evidence. Exhibit B, a diagram of the premise was entered into evidence. Exhibit G 1, G2, G3, and G4, photos taken of Mr. Carver the evening of the event, was entered into evidence. Officer Younger stated he took these photos shortly after arriving at the Drunken Monkey. Exhibit D, a photo of Mr. Carver several days after October 12, 2007, was entered into evidence. Mr. Olive cross examined Officer Younger. Senior Assistant City Attorney Ablao re -directed Officer Younger. Senior Assistant CityAttomeyAblao called Karissa Porter, as her next witness. Ms. Porter was sworn. Ms. Porter detailed the events of October 12, 2007. Ms. Porter stated she talked to the police that evening. 11 July 7, 2008 Mr. Olive cross-examined. Exhibit 2, a diagram of the premises was entered into evidence Senior Assistant GtyAttomeyAblao re -directed. Senior Assistant Attorney Ablao called Officer Kelly Weaver to testify. He was sworn. In response to questions from Senior Assistant City Attorney Ablao, Officer Weaver detailed the events on October 13, 2007. He stated he has responded to the Drunken Monkey in the past when staff has called for help. Officer Weaver stated Mr. Carrier did not have his shirt on and was bleeding from the nose. Mr. Olive cross-examined Officer Weaver. Judge Lane called for a 5 minute recess. Senior Assistant City Attorney Ablao re -directed Officer Weaver. Mr. Olive gave his argument as to whyJennifer Roselyshould be allowed to testifyas an expert witness. Senior Assistant City Attorney Ablao gave her argument opposing Ms. Rosely testifying as an expert witness. Judge Lane stated that she will render her decision regarding allowing Ms. Roselyto testifyas an expert witness by tomorrow afternoon. Court recessed at 5:12 p.m., and the hearing was continued to July9, 2008 at 1:00 p.m Adjournment The meeting adjourned at 5:12 p.m N \ 6Q Municipal Judge