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HomeMy WebLinkAboutLiquor Licensing Authority - Minutes - 06/17/2013 (2)LIQUOR LICENSING AUTHORITY MINUTES Regular Meeting, June 17, 2013 1:00 P.M. Staff Liaison: Aimee Jensen A regular meeting of the Liquor Licensing Authority was held on June 17, 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 Clitnovici, Liquor Enforcement Officer Daniel Callahan, Liquor Enforcement Officer Approval of Minutes Judge Lane approved the minutes from June 3, 2013. Hearing on a New Application from The Colorado Room, Ltd., for a hotel -restaurant liquor license at The Colorado Room, 642 South College Avenue, Approved Daniel Shea, representative for The Colorado Room, Ltd., was sworn. He stated he has been in the restaurant business for 15 years in numerous different positions. Justin Scrr, representative for The Colorado Room, Ltd., was sworn, briefly described the intent of this business, to highlight local products. Mr. Shea stated he they have five sandwiches available. He stated they are planning on opening the end of August. Mr. Shea stated the premises have changed and will submit an updated diagram. In response to the Judge, Mr. Shea described the patio and that access to the patio will be from inside the premises. Mr. Serr stated they will have two cameras monitoring the patio. He stated at least one owner will be on premise at all tunes. Mr. Serr and Mr. Shea stated they are TIPS certified and will train all their employees. Mr. Shea stated that any employee found in violation of the liquor code will likely be terminated. He stated he has a recent copy of the liquor code on premise. David Wyatt, representative for Aggie Agency, was sworn. Mr. Wyatt briefly described the petitioning process. He stated this application was well received. In response to a question from the Authority, Mr. Serr stated they will send an updated diagram to Deputy City Clerk Jensen by the end of thus week. Judge Lane adopted Resolution 2013-19 approving an application from The Colorado Room, Ltd., for a hotel -restaurant liquor license at The Colorado Room, 642 South College Avenue. June 17, 2013 Hearing on a New Application from El Pueblito, Ind., for a hotel -restaurant liquor license at El Pueblito, 4619 South Mason Street, Unit C-8, Approved Maria Consuclo Cerrillo and Rosalina Mireles, representatives for El Pueblito, Inc., were sworn. Ms. Cerrillo stated she has two other restaurants, one in Loveland and one in Fort Collins. She stated they anticipate that their alcohol sales to be approximately 30% of their gross sales. Ms. Cerrillo stated this premise has never been a restaurant. She stated they are hoping to open in August. Ms. Cerrillo stated their occupancy is approximately 120 with the patio. She stated they will have approximately 8 employees, 4 in the kitchen and 4 serving alcohol in the restaurant. Ms. Cerrillo stated she will require all her employees to be trained in the sale and service of alcohol. Ms. Mireles stated both the Greeley and Loveland location failed compliance checks. In response to a question from the Authority, Ms. Cerrillo briefly described measures they have taken to prevent any further violations. Carol Johnson, representative for Esquire Petitioning Services, LLC, was sworn. She briefly described the petitioning process. Ms. Johnson stated the petitions show strong support for this application. Ms. Cerrillo stated she has two additional liquor code violations that she and the other owners failed to report on their individual history records and that she will submit an addendum to their application to Deputy City Clerk Jensen. Judge Lane adopted Resolution 2013-20 approving an application from El Pueblito, Inc., for a hotel - restaurant liquor license at El Pueblito, 4619 South Mason Street, Unit C-8. Hearing on a New Application from N&C Enterprises, Inc., for a retail liquor store license at Liquor World, 1654 North College Avenue, Under Advisement Mike Jensen, party -in -interest, owner of 1001-1007 North College Avenue, was sworn. He stated he believes the current needs and desires arc currently being met. Mr. Randy Williams, attorney representing N&C Enterprises, Inc., cross examined Mr. Jensen. Mr. Mark Barnes, attorney representing Bullfrog Wine & Spirits, re -directed Mr. Jensen, referring to Exhibit 5. Mr. Jensen was dismissed. Nate Heckel, owner of 814 North College Avenue, was sworn. He stated he believes the needs are currently being met by the existing retail liquor stores. 2 June 17, 2013 Kevin Brock, representative for Poudre Liquors, cross-examined Mr. Heckel. Mr. Barnes requested that James Rankin, representative for Rock} Mountain Voter Outreach, allowed to testify. Judge Lane did not allow Mr. Rankin to tesdfp. Arguments were made against and in support of allowing the third set of petitions. Judge Lane stated that she will not allow the third set of petitions. Mr. Williams gave closing arguments. Mr. Barnes gave closing arguments. Mr. Williams gave further closing arguments. Judge Lane stated she will take this matter under advisement. (See attached Order) Adiournmcnt T Municipal Judge BEFORE THE FORT COLLINS LIQUOR LICENSING AUTHORITY FORT COLLINS. COLORADO ORDER IN THE MATTER OF: N & C Enterprises, Inc. Applicant for Retail Liquor Store License at Liquor World, 1654 N. College Ave. Fort Collins, CO 80524 On .June 3 and continuing on .June 17, 2013, this matter came on for hearing on the application of N & C Enterprises, Inc. (hereinafter referred to as "the Applicant") for a retail liquor store license at Liquor World, 1654 N. College Ave., Fort Collins, CO, pursuant to notice duly given as required by law. Evidence was presented by the Applicant, represented by Mr. Randy Williams, Esq.. as well as several "Parties in Interest", as defined in Section 12-47-31 1(5)(b), C.R.S. and Section 3-1(a) of the Code of the City of Fort Collins. Many of the Parties in Interest who were opposed to the issuance of the license (hereinafter referred to as "the Opponents") were represented by Mr. Mark Barnes, Esq. Evidence included sworn testimony, petitions, maps, and other documents. Having heard and examined the evidence presented and considered the applicable law, the Authority hereby finds as follows: I. That the relevant neighborhood most likely to be affected by the Applicant's proposed establishment has been defined, pursuant to Section 3-53(c)(4) of the City Code, as that area surrounding such establishment within a one -mile radius. The estimated population of that neighborhood is approximately 6,000 people. 2. That the Applicant's proposed establishment would be located within a large grocery and retail shopping center in the North College Avenue corridor. north of downtown Fort Collins. Access to the proposed establishment would be from a round -about in the shopping center; the same one which is currently used to access Bullfrog Wine & Spirits, one of three existing retail liquor stores within the designated neighborhood (one of which is just outside the City limits). 3. That based on her business knowledge and experience, the President of the .Applicant. Ms. Chong Wi, believes that she can operate a successful liquor store in the area in spite of the existing liquor stores. The Applicant intends to sell to residents of the area as well as tourists traveling through the area. 4. That the Applicant is of good moral character. 5. That the testimony and petitions presented by the Applicant at the hearing initially established a prima facie case that the reasonable requirements of the neighborhood have not been met and that the desires of the adult inhabitants justify the granting of the application for this license. However, the Opponents then presented testimony and petitions indicating that many adult residents and business owners or managers in the neighborhood feel that the reasonable requirements of the neighborhood are certainly being met by existing retail liquor stores and, therefore. do not desire that this application be granted. All of the evidence presented. taken as a whole,. indicates that the reasonable requirements of the neighborhood for the type of license being sought are currently being met. Further. the majority of the adult inhabitants of the neighborhood who registered an opinion with the Authority, by testifying or signing one of the 2 admitted sets of petitions, do not desire the issuance of this additional retail liquor store license. Therefore, pursuant to Section 12-47-301(2)(a), C.R.S. there is a basis for denial of this application. 6. That the Opponents also argued that the license should be denied under C.R.S. Section 12-47-301(2)(b) since they believe that the granting of this license would result in the undue concentration of retail liquor store licenses in the area and, as a result, require the use of additional law enforcement resources. On this issue, while there were a number of facts and ratios presented regarding concentration, the evidence did not establish that the granting of this license would require the use of additional law enforcement resources and so this argument fails. Based upon the above, the Authority hereby denies this application for a retail liquor store license pursuant to Section 12-47-301(2)(a), C.R.S. DATED: June 19. 2013. FORT COLLINS LIQUOR LICENSING AUTHORITY By: Judge Kathleen M. ane Municipal Judge