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HomeMy WebLinkAboutLiquor Licensing Authority - Minutes - 05/23/2012LIQUOR LICENSING AUTHORITY MINUTES Regular Meeting - May 23, 2012 1:00 p.m. Staff Liaison: Aimee Jensen A regular meeting of the Liquor Licensing Authoritywas held on May23, 2012 in Municipal Court, 215 North Mason. Judge Kathleen M. Lane presiding. Staff in attendance: Bronwyn Scurlock, Assistant City Attorney Aimee Jensen, Deputy City Clerk Kyle Bendzsa, Liquor Enforcement Officer Mark Clitnovici, Liquor Enforcement Officer Assistant City Attorney Scurlock stated she has entered into a stipulation agreement with David Ivan Tanner, representative for ABD. She stated that on May 10, 2012 at approximately 10:59 p.m., at Wall Street Bar & Grill located at 214 Linden Street in Fort Collins, Colorado, there were numerous Colorado Liquor Code and Colorado Liquor Regulations Violations. In response to a question from the Authority, Mr. Tanner stated he has agreed to have the license revoked. Assistant City Attorney Scurlock gave proof of evidence, stating the City would have shown the following: a. That there were no meals, light snacks, or sandwiches actually and regularly served. There were no meals provided that would amount to 25% of the gross income from the sales of food and drink of the business. This is a violation of the Colorado Liquor Code, CRS. 12-47-411. b. That visibly intoxicated people were inside the establishment. In particular, Tianna Evans, had bloodshot wateryeyes, a strong odor of an alcoholic beverage, was unsteady on her feet, and had an alcoholic beverage in her hand. This is a violation of the Colorado Code of Regulations 1 CCR 203-2, Section 47-900. C. That staff lacked control of the premises which resulted in people filing in off of the streets without having their identification or levels of intoxication checked. There were tubs of beer left unattended. There were approximatelyeighty-five (85) patrons to four (4) staff members inside the establishment. There are noimallybetween either (8) to ten (10) staff members working to effectivelycontrol the premises. As a direct result of the lack of staff, an individual was able to pose as a doonnan and steal a patron's credit card. He was later charged and arrested. This is a violation of the Colorado Code of Regulations 1 CCR 203-2, Section 47-900. May23, 2012 d. That David Tanner declared to be 100% owner of the business as he signed under penakyof perjuryon documents that were submitted to the Liquor Licensing Authority, but is not currently 100% owner. He failed to report the change of financial interest to the Authority. This is a violation of the Colorado Code, C.RS. 12-47-301. e. That Officer Bendzsa would have testified that Xandreya Zigel told him that the breakdown of the business is as follows: David Tanner owns 10%, Xandreya owns 53%, Xandreya's elderlyparents own 10%, and Aaron Vanblarcum owns 27%. The acronym ABD stands for Aaron Vanblarcutn, Brittney O'Daniel and David Tanner. f. That there was a stipulation dated January 10, 2012 directed to the Liquor Licensing Authoritythat stated that BritmeyO'Daniel would no longer be involved in the business operations after David Tanner Took over the business. g. That David Tanner states that he thought he was 100% owner of the business, and that he accurately and truthfully signed the paperwork given to the Authority. Assistant City Attorney Scurlock stated she would prepare an order for the Authority to sign. Adjournment p.m Municipal