HomeMy WebLinkAboutLiquor Licensing Authority - Minutes - 06/24/2002LIQUOR LICENSING AUTHORITY MINUTES
Regular Meeting - June 24, 2002
1:00 p.m.
Council Liaison: Ray Martinez 11 Staff Liaison: Aimee Jensen
A regular meeting of the Liquor Licensing Authority was held on June 24, 2002 in Municipal Court,
Justice Center, 201 LaPorte. Judge Kathleen M. Lane presiding.
Staff in attendance: Teresa Ablao, Senior Assistant City Attorney
Richard Johnson, Liquor Enforcement Officer
Aimee Jensen, Deputy City Clerk
Agenda Review
Deputy City Clerk Jensen stated there are no changes to the agenda.
Consideration of an Application from the
Downtown Business Association, for a
Special Events Permit on a portion of Linden Street. August 17, 2002, Approved
The Downtown Business Association's -David Short brieflydescribed the proposed event and stated he
will provide signs for businesses to inform guests they can not enter with alcohol.
Judge Lane approved the application form the Downtown Business Association for a Special Events
Permit on a portion of Linden Street, August 17, 2002.
Registration of Jeffrey Miller as Manager of
Archer's, 3524 South Mason, Approved
Jeffrey -Miller, manager applicant, stated he has had manyyears of experience and has developed his own
training manual for liquor service and sales. He stated there are approximately 8 bartenders and staff
who serve alcohol at Archer's and would face immediate termination if theyviolate the liquor code. Mr.
Miller stated he is well versed in spotting visibly intoxicated patrons and has a current copy of the liquor
code on premise. He stated he has reviewed how different things are going to be after prior incidents.
Judge Lane approved the registration of Jeffrey Miller as manager of Archer's, 3524 South Mason.
June 24, 2002
Registration of Joel Stroud as Manager of
Slider's Sports Bar & Grill, 1006 Spring Creek Lane, Approved
Joel Stroud, manager applicant, briefly described his background and training. He stated he is aware
of issues this establishment has had in the past year and that he will be diligent in adhering to all liquor
laws. Mr. Stroud stated he has a current copy of the liquor code on premise. He stated he has
contacted Liquor Enforcement Officer Johnson to conduct a training session for his staff.
Judge Lane approved the registration of Joel Stroud as Manager of Slider's Sports Bar & Grill, 1006
Spring Creek Lane.
Transfer of Ownership of Spirits,
2601 South Lemay, from J.B.M.P., Inc., to
Liquors of Colorado, Inc., Approved
Zach Wilson, representative for Liquors of Colorado, Inc., stated he was ready to proceed. David
Gorman, representative for Liquors of Colorado, Inc., briefly described his background. He stated he
will provide training for his employees. Mr. Gorman stated he will contact Liquor Enforcement Officer
Johnson to schedule training. In response to questions from the Authority, Mr. Gorman described the
premise. He stated he is only making cosmetic changes to the premise and that he will provide Deputy
City Clerk Jensen with an updated diagram
Judge Lane approved the transfer of ownership of Spirits, 2601 South Lemay, from J.B.M.P., Inc., to
Liquors of Colorado, Inc.
Hearing on a New Application from Seneca Liquor, LLC
for a Retail Liquor Store License at Seneca Liquor, 1721 West Harmony Road.
Stuart Olive, attorney representing Seneca Liquor, LLC, called his first witness, Gurwail Singh, owner
of Seneca Liquor, LLC Mr. Singh was sworn. He described how he will make sure no under age or
visibly intoxicated patrons are sold alcohol. Mr. Singh stated he has scheduled a training class with
Liquor Enforcement Officer Johnson on July 1, 2002. He described the financial aspects of the store,
stating there is no other ownership interest in Seneca Liquor, LLC Mr. Gurwail stated he is still
awaiting approval to finish the store's interior and will submit an updated diagram
Bret Mansur, representative for Liquor Petitioning Professionals, LLC, was sworn. He brieflydescribed
the petitioning process, stating a result of 60-65% in favor of a retail liquor store application is common.
Steven John Schrader, building owner, was sworn. He testified to Mr. Singh's good character.
Dorothy Spivak, 1914 Lookout Lane, was swom. She stated that this is an inappropriate destination
for this area.
Mr. Olive made closing arguments stating that the Mr. Singh is of good moral character. He stated the
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business is adequately funded and that the neighborhood was surveyed according to the requirements
and showed a majority in support.
Senior Assistant City Attorney Ablao and Mr. Olive made closing comments.
Judge Lane adopted Resolution 2002-14 approving the new application from Seneca Liquor, LLC for
a retail liquor store license at Seneca Liquor, 1721 West Harmony Road.
(Sawtar)'s Note• There teas a 5 rr¢ma mass at this poi i)
Boundary Hearing for Stump and Lump, Inc.,
dba Lucky Joe's Sidewalk Saloon, 25 Old Town Square
and Zydeco Grille, Inc., dba Zydeco's, 11 Old Town Square,
Decision Under Advisement (see attached Ruling)
Tim Dow, attorney representing Zydeco Grille, Inc., and Stump and Lump, Inc., representative for the
applicants, stated he agrees with combining the applications of Lucky Joe's Sidewalk Saloon and
Zydeco's. Senior City Attorney Ablao agreed as well. Mr. Dow stated the appropriate neighborhood
should be the market area and he noted these applicants serve a wide market area. Mr. Dow made
opening arguments.
Senior City Attorney Ablao made opening arguments.
Ed Stoner's deposition was presented as Exhibit 1.
John F. Fischbach, Fort Collins CityManager for 7 years, was swom. He stated he has had many years
of experience as a CityManager. He described the Old Town area noting it is unique and takes historic
preservation into account. Mr. Fischbach stated Old Town has specific needs unlike other areas and
that a great deal of money is spent through the Downtown Development Authority to keep it unique.
Mr. Fischbach added that the basis of City Plan is to have a mix of uses. He also stated that there is a
tremendous need for policing in the downtown District 1 and he receives many complaints from
residents and business owners from this area.
Mr. Dow asked some questions of Mr. Fischbach.
Dan Kerig, representative for Zydeco Grille, Inc., and Stump and Lump, Inc., was sworn. He stated
he is the co-owner and currently the manager at Zydeco's, which has been in business for 2 112 years.
Mr. Kerig stated that the issue of undue concentration was not raised when signing the acceptance of
boundaries. The petition was submitted as Exhibit 2. Mr. Kerig stated Zydeco's advertises in the Sam
and Cdlegian and occasionally in the Cdoradban. He stated events in Old Town expand his market to
other states and greater Fort Collins.
Joe Vadar, Jr., was swom. In response to a question from Mr. Dow, Mr. Vadar stated he is the co-
June 24, 2002
owner and manager of Lucky Joe's. Exhibit 3, petition of 105 signatures of which 104 were in favor
of the application, was presented. Mr. Vadar stated he has a wide range of customers and many are
from outside the designated neighborhood, including Greeley, Longmont, and Boulder. Mr. Vadar
stated the demographics of his clientele run toward the younger crowd and added that they are in the
process of forming a hospitality group as part of the Downtown Business Association.
Mr. Dow requested that Judge Lane take judicial notice of the City of Fort Collins Downtown Plan,
the Old Town Fort Collins Area Plan and the City's Land Use Code.
Senior CityAttorneyAblao called Police Chief Dennis Harrison. He was sworn. Police Chief Harrison
stated he has had 24 years of experience with the Scottsdale, Arizona police department and 5 years of
experience with the Fort Collins Police Department. He briefly described the purpose and
responsibilities of the District 1 police station. He stated that District 1 does not cover all calls within
District 1 and that this district was set up as an outreach for this particular neighborhood. Police Chief
Harrison stated the downtown area is different as it is a focal point for the City. He stated it is policed
differently due to its high concentration and mixed use.
Mr. Dow asked Police Chief Harrison if he has any evidence as to the impact expanding the boundary
would have on policing. He replied that he did not have any such evidence.
Greg Byrne, City of Fort Collins Director of CommunityPlanning for just over 10 years, was sworn.
He stated CityPlan treats the downtown area as a unique, separate geographical area with a mix of uses.
Mr. Byrne stated it is the government seat and balance is important to maintain investment within the
downtown area. He stated that the loss of residential and retail services to serve residential uses leads
to a downturn in investment and a decline of the downtown area.
The census tract map was entered as Exhibit A -
Mr. Dow cross-examined Mr. Byrne. He pointed out that the districts set by City planning are not for
the purposes of the liquor code. Mr. Byrne replied that planning districts are designated with some
judgement and are not arbitrarily set. He that the downtown area is a focal point and a vibrant activity
center.
Senior Assistant CityAttomeyAblao presented Exhibit B, an excerpt from the Land Use Code (Article
4, page 73), which stated impacts generallyoccur in nearbyand adjacent neighborhoods. Article 4, page
73 was marked as Exhibit B.
SeniorAssistant CityAttomeyAblao called Robert (Chip) Steiner, Executive Directorof the Downtown
Development Authority (DDA), as a witness. He was sworn. Mr. Steiner the DDA is charged with
economic revitalization of the downtown area and that it is supported by a small mill levy. He stated
its boundaries are Mulberry, Vine, Sherwood, and Remington. Mr. Steiner described the DDA's
function, noting there is not one type of activity encouraged over any other in the downtown area. He
stated that when other businesses are negatively impacted, the balance is incorrect.
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Mr. Dow did not cross-examine Mr. Steiner.
Senior Assistant CityAttomeyAblao called, CareyHewitt, owner of the Cupboard at 152 South College
Avenue. He was sworn. He stated he is currently on the DDA Board of Director; and noted that his
business is impacted both positivelyand negatively by liquor -licensed establishments; balance is the key.
Mr. Dow did not cross-examine Mr. Hewitt.
There were no other witnesses.
Judge Lane stated that the hearing was now open to public comment from residents and business
owners within the neighborhood.
Ted Zibell, party in interest, was swom. He stated that the market should not be confused with the
neighborhood and stated that the Land Use Code supercede all previous plans. Mr. Zibell stated that
entertainment is no longer a complementary land use, but has become dominant land use in the
downtown area. He argued against expanding the neighborhood to the entire City limits and requested
that Judge Lane use the three downtown subdistricts. Mr. Zibell stated the impact of liquor licensed
establishments diminishes drastically outside of these three districts.
Linda Vernon, business owner at 164 North College Avenue, was sworn in. She stated that she opened
a business 10 years ago in downtown Loveland and that she left there as the bar concentration
increased. She stated that the largest tax base is retail.
Senior Assistant City Attorney Ablao asked Deputy City Clerk Jensen if she gave the applicant the
option to reject the neighborhood. Deputy City Clerk Jensen said yes.
Mr. Dow made closing arguments and asked that only Les Kaplan's letter be entered as an exhibit for
this hearing and the rest be saved for the July 15 hearing.
Judge Lane agreed.
Mr. Dow stated the market area served should be the neighborhood - the entire greater Fort Collins
area. He stated the Urban Growth Area would be appropriate, but he would agree to limit it to the City
limits.
Senior Assistant CityAttomeyAblao made closing arguments stating the Cityobjected to this hearing.
She stated this argument was mounted to defeat undue concentration. The presumption of the one -mile
radius has not been rebutted and there is no case law which supports a neighborhood of patrons. She
stated it is impossible to consider concentration if the entire City is used as the neighborhood.
There were no other comments.
Judge Lane stated she will take this advisement and issue a written ruling by Monday, July 1, 2002.
The meeting adjourned at 6:50 p.m.
Adjournment
Municipal Judge
June 24, 2002