HomeMy WebLinkAboutLiquor Licensing Authority - Minutes - 07/15/2002LIQUOR LICENSING AUTHORITY MINUTES
Regular Meeting - July 15, 2002
1:00 p.m.
Council Liaison: Ray Martinez II Staff Liaison: Aimee Jensen
A regular meeting of the Liquor Licensing Authority was held on July 15, 2002 in Municipal Court,
Justice Center, 201 LaPorte. Judge Kathleen M. Lane Presiding.
Staff in attendance: Teresa Ablao, Assistant City Attorney
Richard Johnson, Liquor Enforcement Officer
Aimee Jensen, Deputy City Clerk
Agenda Review
Deputy City Clerk Jensen stated the application for Fiesta Patio Cafe has been postponed to July 22,
2002.
Consent Calendar
The Consent Calendar is intended to expedite the meeting and allowthe Authorityto spend its time and
energy on the important items on a lengthy agenda. Items on the Consent Calendar are (1) routine
items; and (2) those of no perceived controversy. 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.
Change in Corporate Structure for Pelican Fish of Fort Collins, LLC, 3512 South Mason
Avenue.
Judge Lane adopted the consent agenda adopted.
Registration of Doyle Patrick Laguens as
Manager of Ciao Vino, 126 West Mountain, Approved
Doyle Patrick Laguens, manager applicant, stated that anyone who appears to be 40 and under will be
carded. He stated he will be TIP's trained along with his employees.
Judge Lane approved the registration of Doyle Patrick Laguens as manager of Ciao Vino, 126 West
Mountain.
July 15, 2002
Transfer of Ownership of Everyday Stores # 5015,
949 South Taft Hill Road, from Duke and Long Distributing Licensee, Inc.,
Eric Moore, regional manager for Recuperos, LLC, stated the manager, CindyBabnick, was present.
He stated they currently operate 119 locations and that they all sell alcohol. Mr. Moore stated that Ms.
Babnick attends alcohol sales classes on a yearly basis and requires all her employees attend training.
She stated every patron that purchases tobacco or alcohol is automatically carded. Ms. Babnick stated
she has a current copy of the liquor code on premise. She stated any employee found in violation of
the liquor code is immediately terminated.
Ms. Babnick stated that the back entrance is alarmed and that there will be no physical changes of the
licensed premises.
Judge Lane approved the transfer of ownership of Everyday Stores # 5015, 949 South Taft hill Road,
from Duke and Long Distributing Licensee, Inc., to Recuperos, LLC and Trade Name Change to
Everyday Store # 5708.
Transfer of Ownership of Convenience Plus,
1032 West Mountain Avenue, from GPlus of Colorado, Inc., to
Ventex, LLC and Trade Name Change to Jackson's Store # 311, Approved
Richard Blesser, representative for Ventex, LLC, stated he has been in the business for 17 years. He
stated there will no physical changes to the premises. Mr. Blesser stated that any employee found in
violation of the liquor code will be immediately terminated. He stated they have not had any liquor
code violations. In response to a question from the Authority, Mr. Blesser described the premises.
Judge Lane approved the transfer of ownership of Convenience Plus, 1032 West Mountain Avenue,
from GPlus of Colorado, inc., to Ventex, LLC and Trade Name Change to Jackson's Store # 311.
Hearing on a New Application from Stump & Lump, Inc., for a Tavern Liquor License
(change in class of license from a hotel -restaurant liquor license)
at Luc4Joe's Sidewalk Saloon, 25 Old Town Square, Approved
AND
Hearing on a New Application from Zydeco Grille, Inc., for a Tavern Liquor License
(change in class from a hotel -restaurant liquor license)
at Zydeco's, 11 Old Town Square, Approved
Tun Dow, attorney representing Stump & Lump, Inc., gave his opening statement. He stated that
granting this tavern license would not be an additional burden to law enforcement.
Max Scott, representative for Oedipus, Inc., was sworn. Mr. Scott briefly described the petitioning
July 15, 2002
process and that Oedipus, Inc., has done the petitioning for approximately 5000 liquor licenses. He
stated that petitions for tavern liquor licenses usually get a lower return and that this petition is a very
positive response for a tavern liquor license. Mr. Scott summarized the results for Zydeco's and Lucky
Joe's petitions results. Judge Lane accepted both sets of petitions as Exhibits 1 and 2 into evidence.
Joe Frank, Director of Advanced Planning, was sworn. He stated he is responsible for the census
information relative to the Cityof Fort Collins. Mr. Frank identified the census track boundaries, stated
that census tract 1 incorporates the entire downtown area. He stated these 9 tracts in the designated
neighborhood boundary are larger than an actual neighborhood.
Ed Stoner, President of Old Town Square Properties, was sworn. He stated he manages 117,000 square
feet of leased space and that 10% of that square feet are bar oriented businesses.
Scott Smith, owner of Coopersmith's, was sworn. He testified as to the neighborhood boundaries.
Pam Vecchiarelli, manager forJohn Atencio Jewelry, was swom. She stated this establishment is directly
across from LuckyJoe's business and is familiar with their business. Ms. Vecchiarelli stated LuckyJoe's
has not caused problems for their business.
Dan Kerig, representative for Zydeco Grille, Inc., and Stump & Lump, Inc., was swom. Mr. Kerig
briefly described his background. He stated he has been in the restaurant business for 20 years. Mr.
Kerig briefly described the steps in an attempt to reach 25% of their gross sales to be from the sale of
full meals. He stated Zydeco's has not had any liquor code violations. Mr. Kerig stated he is focusing
on increasing his lunch business. He stated the hours and operations of each business will not change.
Joe Vadar, Jr., representative for Zydeco Grille, Inc., and Stump & Lump, Inc., was swom. He briefly
described his background. Mr. Vadar stated that there have been no liquor code violations at Lucky
Joe's. He stated LuckyJoe's does meet the 25% food sales requirements for a hotel -restaurant liquor
license and that this has been a liquor licensed establishment for many years. Mr. Vadar stated Lucky
Joe's is a neighborhood bar and that they are currently meeting the reasonable requirements of the
neighborhood. He stated they will continue to provide full meals. Mr. Vadar stated they do not serve
drinks after 1:35 a.m. and have everyone out by 1:50 a.m. He detailed their community involved and
that they do not plan on changing their occupancy load.
Assistant CtyAttomeycalled Liquor Enforcement Officer Rich Johnson to testify and was sworn. He
stated he has been a police officer for over 14 years and the liquor enforcement officer for over 2 years.
Liquor Enforcement Officer Johnson stated he has been responsible for reviewing applications and
enforcing the liquor code. He stated there are 1336 tavem liquor licenses in the entire state with a
population of 4.5 million, giving a ratio of 1 tavern liquor license for every 3218 people. Liquor
Enforcement Officer Johnson stated that in the census tract 1 has a population of 2485 with 14 tavern
liquor licenses, translating to 1 tavern liquor license for every 177 people. He described the differences
between enforcement differences between a hotel -restaurant liquor license and tavem liquor license.
Liquor Enforcement Officer Johnson stated there is a greater potential for underage drinking is higher
due to higher occupancies. He detailed calls for service in the down town area and that two officers are
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July 15, 2002
dedicated to foot patrol in the downtown area. Liquor Enforcement OfficerJohnsonstated that closing
time is creating enforcement issues.
Adam McCambridge, Fort Collins Police Officer, was sworn and briefly described the behavior
problems in policing the downtown area Fridayand Saturdaynight and that closing time is particularly
difficult.
Sargent Michael Steele, Fort Collins Police Officer, was sworn. He briefly described his current
assignment as supervisor of the District 1 Police Station.
Ted Ziebell, owner of The Perennial Gardener and Sense of Place, was sworn. He spoke in opposition
of this application.
Claris Penner, co-owner of Trailhead Tavern and Steak -Out Saloon, was sworn. He spoke in support
of this application.
Mr. Dow gave his closing arguments, noting that the Fort Collins Police Department is not intending
to increase law enforcement resources and that they have made a prima facia case.
Assistant City Attorney Ablao gave her closing arguments, stating that they have not met their prima
facia case and that applicants have testified that the reasonable requirements of the neighborhood are
currently being met. She noted the overwhelming ratio of number of tavern liquor licenses to the
population.
Judge Lane stated she will render her decision on July 25, 2002. (See attached Order).
Adjournment
The meeting adjourned at 6:12 p.m
BEFORE THE FORT COLLINS LIQUOR LICENSING AUTHORITY
FORT COLLINS, COLORADO
IN THE MATTER OF: Lucky Joe's Sidewalk Saloon and Zydeco's, Applicants for
Tavern Liquor Licenses
On July 15, 2002, this matter came on for hearing on the applications of Stump and
Lump, Inc., doing business as Lucky Joe's Sidewalk Saloon, 25 Old Town Square, and
Zydeco Grille, Inc., doing business as Zydeco's, 11 Old Town Square (hereinafter
referred to as "the Applicants"), for tavern liquor licenses. The matters were
consolidated at the request of the Applicants due to the fact that Joseph-N. Vader, Jr. and
Daniel E. Kerig are the principal or sole officers; directors and shareholders in both
corporations. Evidence was presented by the Applicants, the City and numerous other
"parties -in -interest", as defined in City Code Section 3-1 (a). Evidence included sworn
testimony, petitions, maps, letters, and other documents. A Memorandum of Law and
copies of relevant cases were also presented to the Authority at that time by the
Applicants and the City.
Having heard the evidence presented and reviewed the Exhibits as well as the
Memorandum and cases, the Authority hereby finds as follows:
1. That the Applicants both currently hold hotel and restaurant liquor licenses,
and appear to be popular and successful businesses located in the heart of
Downtown/Old Town Fort Collins. The Applicants do not currently plan any
changes in the nature of these businesses, neither in terms of hours or days of
operation, physical premises, occupancy loads, food, beverage or
entertainment offerings. Rather, the driving force behind these applications is
that Zydeco's has not been able to meet the minimum 25% gross income from
food sales requirement contained in Section 12-47-411(1)(a), C.R.S. By
changing the class of license to a tavern license, that requirement would no
longer apply. The application from Lucky Joe's Sidewalk Saloon for the same
change was made due to the prohibition contained in Section 12-47-412(3),
C.R.S. from holding an interest in a tavern license as well as a hotel and
restaurant license. Lucky Joe's Sidewalk Saloon apparently does meet the
food sales requirement mentioned above.
2. That the Applicants are of good moral character. Extensive evidence was
submitted on this issue.
3. That the testimony and petitions presented by the Applicants at the hearing .
indicate that the reasonable requirements of the neighborhood and the desires
of the adult inhabitants justify the granting of the licenses applied for. Unlike
applications relating to new businesses or businesses which have not
previously held liquor licenses, these applications relate to businesses which
have already been in operation, offering a full line of alcoholic beverages, for
some time (7 years for Lucky Joe's Sidewalk Saloon and 2 years for
Zydeco's). The petition results indicate that at least 85 - 87% of those
petitioned were in favor of the issuance of the tavern licenses on the basis of
needs and desires of the neighborhood, a higher percentage than is typically
found in connection with tavern licenses. Testimony at the hearing and letters
entered into evidence also indicated the strong support of these applications
by parties in interest. Opposition was also expressed in the form of testimony
and letters. Some feel that there are already too many bars in the
Downtown/Old Town area and that granting these two tavern licenses would
exacerbate problems being experienced in that area: littering, urinating in
public, criminal mischief, disorderly conduct, etc. Considering all of the
evidence presented, however, there is far more evidence indicating support for
these applications based on the needs and desires of the neighborhood.
4. That evidence indicates that 17 businesses in the designated neighborhood
currently operate with tavern licenses. In Southland Corp v. City of
Westminster, 746 P.2d 1353 (Colo. App. 1987), the Court held that the mere
existence of other outlets is an inadequate basis upon which to deny a license.
5. That under Section 12-47-301(2)(b), C.R.S., a local licensing authority may
deny the issuance of any new tavern or retail liquor store license whenever
such authority determines."that the issuance of such license would result in or
add to an undue concentration of the same class of license and, as a result,
require the use of additional law enforcement resources." Here, the evidence
indicates a high concentration of liquor licenses in the Downtown/Old Town j
area (the center of the designated neighborhood). The ratios of tavern licenses
to population presented by the City pursuant to Regulation 47-301 support the
undue concentration argument. It has been argued, however, that this high
concentration is consistent with that area being the heart of the City and a
major destination point in Northern Colorado for shopping, restaurants and
entertainment. The evidence from law enforcement personnel indicates that
the number of people in that small geographic area, particularly late at night
on weekends, combined with the effects of alcohol on many of those people,
is definitely impacting patrol duties. Fort Collins Police Services now has 2
officers dedicated to patrolling that area on foot at those times and is
considering how to handle the policing of that area in the future. The evidence
did not indicate, however, that the granting of these 2 tavern licenses would
require the use of additional law enforcement resources. Since these
businesses are already in operation and do not plan changes (as described
above), there is no evidence that the impact on law enforcement will change
with a change in class of these liquor licenses.
Therefore, based upon the above findings and applicable law, the Authority hereby orders
that the tavern licenses be granted to the Applicants, changing their class of license from
hotel and restaurant to tavern, as indicated in Resolution 2002-11 and 2002-12, attached
hereto.
Dated: July 22, 2002
Fort Collins Liquor Licensing Authority
rz
Kathleen M. Lane
Municipal Judge
RE S OLUTION 2002-11
OF THE LIQUOR LICENSING AUTHORITY
OF THE CITY OF FORT COLLINS, COLORADO,
APPROVING AN APPLICATION
FROM STUMP & LUMP, INC.,
FOR A TAVERN LIQUOR LICENSE
AT LUCKY JOE'S SIDEWALK SALOON, 25 OLD TOWN SQUARE
WHEREAS, the application of Stump &Lump, Inc., doing business as LuckyJoe's SidewalkSaloon,
for a tavern liquor license came on for hearing on the 15' of July, 2002 in Municipal Court, Justice Center,
201 LaPorte, Fort Collins, Colorado, pursuant to notice duly given as required by law, and
WHEREAS, the Authorityhaving heard and examined the evidence introduced at the hearing, now
make the following findings:
1. The location where the license is to be exercised by the applicant, 25 Old Town Square, Fort
Collins, Colorado, currently operating as a restaurant and nightclub.
2. The neighborhood to be served under this license is as defined by the City Clerk's Office.
Nothing contained in Section 12-47-313, C.R.S., prohibits the issuance of a license for the proposed
location.
4. The applicant is of good moral character and qualified under the applicable City and State laws for
the license applied for.
01
The testimony and petitions presented by the applicant at the hearing indicated that, and the
Authority hereby finds that, the reasonable requirements of the neighborhood and the desires of
the adult inhabitants justifythe granting of the license applied for. The Authority recognizes that
other licensed premises exist in the neighborhood, but hereby finds that an additional need exists
for the license applied for.
NOW, THEREFORE, BE IT RESOLVED BY THE LIQUOR LICENSING AUTHORITY OF
THE CITY OF FORT COLLINS, COLORADO, that the application of Stump & Lump, Inc., doing
business as LuckyJoe's Sidewalk Saloon, for a tavem liquor license at 25 Old Town Square, Fort Collins,
Colorado, be, and the same herebyis, granted, contingent upon receipt bythe City, within six months from
the date hereof, of acceptable fingerprint reports from the Colorado Bureau of Investigation as well as
contingent upon the license being operated in accordance with all State laws, Cityordinances and rules and
regulations.
Adopted this 10 day of July, AD., 2002.
Municipal Judge
ATTEST:
City Clerk
y-
RESOLUTION 2002-12
OF THE LIQUOR LICENSING AUTHORITY
OF THE CITY OF FORT COLLINS, COLORADO,
APPROVING AN APPLICATION
FROM ZYDECO GRILLE, INC,
FOR A TAVERN LIQUOR LICENSE
AT ZYDECO'S, 11 OLD TOWN SQUARE
WHEREAS, the application of Zydeco Grille, Inc., doing business as Zydeco's, for a tavern
liquor license came on for hearing on the 15" of July, 2002 in Municipal Court, Justice Center, 201
LaPorte, Fort Collins, Colorado, pursuant to notice duly given as required bylaw, and
WHEREAS, the Authorityhaving heard and examined the evidence introduced at the hearing,
now make the following findings:
The location where the license is to be exercised by the applicant, 11 Old Town Square, Fort
Collins, Colorado, currently operating as a restaurant and nightclub.
2. The neighborhood to be served under this license is as defined by the City Clerk's Office.
3. Nothing contained in Section 12-47-313, GR.S., prohibits the issuance of a license for the
proposed location.
4. The applicant is of good moral character and qualified under the applicable Cityand State laws
for the license applied for.
5. The testimony and petitions presented by the applicant at the hearing indicated that, and the
Authority hereby finds that, the reasonable requirements of the neighborhood and the desires
of the adult inhabitants justifythe granting of the license applied for. The Authority recognizes
that other licensed premises exist in the neighborhood, but herebyfinds that an additional need
exists for the license applied for.
NOW, THEREFORE, BE IT RESOLVED BYTHE LIQUORLICENSING AUTHORITY
OF THE CITY OF FORT GOLLTNS, COLORADO, that the application of Zydeco Grille, Inc., doing
business as Zydeco's, for a tavern liquor license at 11 Old Town Square, Fort Collins, Colorado, be, and
the same hereby is, granted, contingent upon receipt by the City, within six months from the date
hereof, of acceptable fingerprint reports from the Colorado Bureau of Investigation as well as
contingent upon the license being operated in accordance with all State laws, City ordinances and rules
and regulations.
Adopted this 1*�' day of July, A.D., 2002.
City Clerk
�\LSO
Municipal Judge