HomeMy WebLinkAboutLiquor Licensing Authority - Minutes - 06/03/2013LIQUOR LICENSING AUTHORITY MINUTES
Regular Meeting, June 3, 2013
1:00 P.M.
Staff Liaison: Aimee Jensen
A regular meeting of the Liquor Licensing Authority was held on June 3, 2013 in Municipal Court, 215
North Mason. Judge Kathleen M. Lane presiding.
Staff in attendance: Bromvyn Scurlock, Assistant City Attorney
Aimee Jensen, Deputy City Clerk
Mark Climovici, Liquor Enforcement Officer
Daniel Callahan, Liquor Enforcement Officer
Brian Harming, City Attorney's Office Intern
Approval of Minutes
Judge Lane approved the minutes from May 20, 2013.
Hearing on a New Application from
JAWS Sushi, LLC, for a hotel -restaurant liquor license at
JAWS Sushi, 1205-A West Elizabeth Street, Approved
Jeff Nanbarra, Adam Schager, William Ovcrbagh, representatives fox JAWS Sushi, LLC, were all sworn.
In response to questions from the Authority, Jeff Nanbarra, Adam Schager and William Overbagh
stated they have all received current training with respect to the sales and service of alcohol. Mr.
Nanbara stated he expects the gross sales of from the sale of full meals will be in excess of 25%. Mr.
Overbagh stated that the patio will have the wrought iron fencing surround it and that it is part of the
licensed premise. Mr. Nanbarra stated he will require all their staff to attend the Liquor Enforcement
Officers training. He stated that after 9:00 p.m., all patrons on premise must be 21 and over. Mr.
Overbagh stated anyone that appears to be under 35 years of age will be carded. Mr. Nanbarra stated
any employee found in violation of the liquor code will be immediately terminated. He stated he will
maintain a current copy of the liquor code on the premise.
Jeff Nanbarra and Adam Schager stated they circulated the petitions, briefly describing the process.
Adam stated their response has been very positive, particularly since a sushi restaurant recently moved
out of the immediate area.
Judge Lane adopted Resolution 2013-18 approving an application from JAWS Sushi, LLC for a hotel -
restaurant liquor license at JAWS Sushi 1205-A West Elizabeth Street.
June 3, 2013
Hearing on a New Application from
The Tasting Group, LLC for a hotel -restaurant liquor license at
Social Craft Bar, 1 Old Town Square, Suite 7, Approved
Ty Fulcher, representative for The Tasting Group, LLC, was sworn. He described the concept of this
establishment. Mr. Fulcher stated they are hoping to open mid -August and that the sale of full meals
is anticipated to be 30-40% of their gross sales. Mr. Fulcher stated that they will not have a patio. He
stated either a manager or an assistant manager will be on premise. Mr. Fulcher stated they have a
ServSafe proctor on staff that will provide all the required training. He stated any employee found in
violation of the liquor code will be immediately terminated. Mr. Fulcher stated they will card any patron
ordering an alcoholic beverage that appears to be under the age of 35.
Ryan Houdek, representative for The Tasting Group, LLC, was sworn. In response to a question from
the Authority, Mr. Houdek stated one of us managers will also help the new staff with training.
Mr. Fulcher briefly described the petitioning process. He stated this application was well received.
Judge Lane approved Resolution 2013-16 approving an application from The Tasting Group, LLC for
a hotel -restaurant liquor license at Social Craft Bar, 1 Old Town Square, Suite 7.
Hearing on a New Application from
N&C Enterprises, Inc., for a retail liquor store
license at 1654 North College Avenue, Continued to June 17, 2013
Randy Williams, attorney representing N&C Enterprises, Inc., stated he is ready to proceed. Chong Wi,
representative for N&C Enterprises, Inc., was sworn. She stated the current building was in the past
a video store. Ms. Wi stated she expects her customers will be from patrons from outside the
designated neighborhood as well as the immediate neighborhood. She stated she has approximately 20
years of experience in the sale and service of alcohol. Ms. Wi briefly reviewed her background, stating
that she opened her first liquor store in 1997 and that there were other liquor stores within the
neighborhood. She stated she will maintain a current copy of the liquor code on premise. Ms. Wi stated
the one violation the Berthoud liquor store received was an employee she recently hired. She stated the
budding will not be purchased until the retail liquor store license is issued. In response to a question
from the Authority, Ms. Wi stated she will open at 9:00 a.m. and stay open to 10:00 or 11:00 p.m.,
depending on what her customers request. She stated that her employees will require all customers to
provide proper identification. Ms. Wi stated she will be actively involved in the day to day operations.
She stated she will be responsible for training her employees.
Mark Barnes stated he is an attorney representing owners of Bullfrog Liquors, and cross examined Ms.
Wi. He submitted Exhibit 1, a stipulation agreement regarding the violation for her Berthoud liquor
store. Ms. Wi stated that she required her employees to attend training after this violation and that she
did not allow her employees to accept driver's licenses that did not show the patron was 21.
2
June 3, 2013
Max Scott, representative for Oedipus, Inc., was sworn. He stated he has done over 6000 petitions and
has been in business for 45 years. Mr. Scott detailed his extensive background. He stated this applicant
requested do a site study in addition to doing the petitioning. Mr. Scott stated this petition indicates
strong support for this application.
Mr. Barnes objected to the site survey document as presented by Mr. Scott. Judge Lane did not allow
the exhibit, however, testimony continued.
Mr. Barnes cross-examined Mr. Scott.
Michael Jensen, party -in -interest, cross-examined Mr. Scott.
Mr. Barnes called Kelly Evans, 1550 Blue Spruce Drive, as a witness. Ms. Evans stated that she is the
Executive Director for Neighbor to Neighbor.
Mr. Williams objected to Ms. Evans as a witness.
Judge Lane allowed Ms. Evans to testify.
Ms. Evans stated she believes there is undue concentration of liquor stores.
Mr. Barnes called Greg George, a resident outside the designated neighborhood. Judge Lane stated she
would not allow his testimony as he was not a party -in -interest.
Mr. Barnes called Eric Holsapple, majority owner of Bullfrog Wine & Spirits, 1820 North College
Avenue. Mr. Holsapple was sworn. He described the reasons behind his purchase of this liquor store
and detailed his objection to this application.
Mr. Barnes called James Rankin, representative for Rocky Mountain Voter Outreach (by telephone),
regarding petitioning that was performed on behalf of Bullfrog Wine & Spirits.
Mr. Williams cross examined James Rankin.
Judge Lane requested that Deputy City Clerk Jcnsen compare the petitions submitted by Oedipus, Inc.,
and Rocky Mountain Voter Outreach.
Adjournment
Since there were 2 additional "parties in interest" present who wished to testify regarding this
applimatter was continued to the June 17, 2013 hearing for further consideration.
at 5:05 p.m.
Municipal Judge