HomeMy WebLinkAboutLiquor Licensing Authority - Minutes - 08/02/2018LIQUOR LICENSING AUTHORITY MINUTES
Regular Meeting, August 2, 2018
1:00 p.m.
Staff Liaison: Aimee Jensen
A regular meeting of the Liquor Licensing Authority was held August 2, 2018 in Municipal Court,
215 North Mason. Judge Kathleen M. Lane presiding.
Staff in attendance: Bronwyn Scurlock, Assistant City Attorney
Aimee Jensen, Deputy City Clerk
David Lindsay, Liquor Enforcement
Show Cause Hearing for Live for Live Music, LLC, dba
The Aggie Theatre, 204 South College Avenue,
Stipulation Agreement Approved
Patrick Tooley, attorney representing Live for Live Music, LLC, stated he and his client have had a
chance to review the stipulation agreement.
Assistant City Attorney Scurlock briefly the stipulation agreement. She stated the Licensee has agreed
to a 3 day suspension, 3 days served ($490.08 fine paid in lieu of suspension), for violating Colorado
Code or Regulations, 1 C.C.R. 203.2, Section 47-900(A), conduct of establishment, Chapter 3, Article
III, Section 3-81 of the City Code, Notification of Disturbances, and Chapter 12, Article III, Section
12-59 of the City Code, smoking prohibited in public places.
Judge Lane approved the findings, conclusion and order accepting the stipulation agreement as
presented for Live for Live Music, LLC, dba The Aggie Theatre, 204 South College Avenue.
Show Cause Hearing for Red Lobster Restaurant, LLC, dba
Red Lobster Restaurant #0393, 3301 South College Avenue,
Stipulation Agreement Approved
Lisa Hill, representative for Red Lobster Restaurant, LLC, stated he has had an opportunity to review
the stipulation agreement. She stated the employee’s employment was terminated.
Assistant City Attorney Scurlock briefly the stipulation agreement. She stated the Licensee has agreed
to a 15 day suspension, 5 days served ($641.31 fine paid in lieu of suspension), with 10 days held in
abeyance for one year for 1 year for violating Colorado Liquor Code Section 12-47-901(1)(a.5)
prohibiting the service of an alcohol beverage to a person under the age of twenty-one years.
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Judge Lane approved the findings, conclusion and order accepting the stipulation agreement as
presented for Red Lobster Restaurants, LLC, dba Red Lobster Restaurant #0393, 3301 South College
Avenue.
Show Cause Hearing for McClellan’s Brewing Company, LLC, dba
McClellan’s Brewing Company, 1035 South Taft Hill Road,
Stipulation Agreement Approved
Thomas Landi and Joshua Landi, representatives for McClellan’s Brewing Company, LLC, stated they
have had an opportunity to review the stipulation agreement.
Assistant City Attorney Scurlock briefly the stipulation agreement. She stated the Licensee has agreed
to a 14 day suspension, 4 days served ($1079.50 fine paid in lieu of suspension), with 10 days held in
abeyance for one year for 1 year for violating Colorado Liquor Code Section 12-47-901(1)(a.5)
prohibiting the service of an alcohol beverage to a person under the age of twenty-one years.
Judge Lane approved the findings, conclusion and order accepting the stipulation agreement as
presented for McClellan’s Brewing Company, LLC, dba McClellan’s Brewing Company, 1035 South
Taft Hill Road.
Show Cause Hearing for Friedlan Enterprises, Inc., dba,
Saddle Up Liquor, 1015 South Taft Hill Road,
Stipulation Agreement Approved
Lee Christian, attorney representing Friedland Enterprises, Inc., stated he has had an opportunity to
review the stipulation agreement with his client.
Assistant City Attorney Scurlock briefly the stipulation agreement. She stated the Licensee has agreed
to a 30 day suspension, 5 days served to include a Friday or Saturday night, from the start of business
on July 15, 2018 to the close of business on July 17, 2018 and again from the start of business on July
26 to close of business on July 27, 2018. Additionally, a fine in lieu of suspension of shall be paid in
the amount of $4058.72 for 5 days. The remaining 20 days will be held in abeyance for 1 year for
violation C.R.S. 12-47-901(1)(a) prohibiting the service of an alcohol beverage to a person under the
age of twenty-one years and for the violation of the prior Stipulation entered into on October 5, 2018.
Judge Lane approved the findings, conclusion and order accepting the stipulation agreement as
presented for Friedlan Enterprises, Inc., da Saddle Up Liquor, 1015 South Taft Hill Road.
Show Cause Hearing for Twin Owls Motor Lodge, Inc., dba
Sushi Zensai, 223 Linden Street, Stipulation Agreement Approved
Brandi Nieto, attorney representing Twin Owls Motor Lodge, Inc., stated she has had an opportunity
to review the stipulation agreement with her client, Mary Chung. Ms. Chung described the changes
she has made to ensure liquor laws are adhered to. She stated she and her employees will be TIPs
trained.
Assistant City Attorney Scurlock briefly the stipulation agreement. She stated the Licensee has agreed
to a 15-day suspension, 5 days served ($200 fine paid in lieu of suspension), with 10 days held in
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abeyance for one year for 1 year for violating Colorado Liquor Code Section 12-47-301(3)(a)
unlawfully exercising privileges granted to another licensee.
Judge Lane approved the findings, conclusion and order accepting the stipulation agreement as
presented for Twin Owls Motor Lodge, Inc., dba Susi Zensai, 223 Linden Street.
Show Cause Hearing for Cinemark USA, Inc., dba
Cinemark Movie Bistro Foothills Mall, 335 East Foothills Parkway
Stipulation Agreement Approved
Brian Proffitt, attorney representing Cinemark USA, Inc., stated he has had an opportunity to review
the stipulation agreement with his client. He stated all employees will be re-trained and that they will
provide proof of training to the City Clerk’s Office.
Assistant City Attorney Scurlock briefly the stipulation agreement. She stated the Licensee has agreed
to a 15-day suspension, 5 days served ($1260.83 fine paid in lieu of suspension), with 10 days held in
abeyance for one year for 1 year for violating Colorado Liquor Code Section 12-47-301(3)(a)
unlawfully exercising privileges granted to another licensee.
Judge Lane approved the findings, conclusion and order accepting the stipulation agreement as
presented for Cinemark USA, Inc., dba Cinemark Movie Bistro Foothills Mall, 335 East Foothills
Parkway.
Show Cause Hearing for GMRI, Inc., dba
Olive Garden Italian Restaurant, 3905 South College Avenue
Stipulation Agreement Approved
Brian Proffitt, attorney representing GMRI, Inc., stated he has had an opportunity to review the
stipulation agreement with his client.
Assistant City Attorney Scurlock briefly the stipulation agreement. She stated the Licensee has agreed
to a 15-day suspension, 5 days served ($1260.93 fine paid in lieu of suspension), with 10 days held in
abeyance for one year for 1 year for violating Colorado Liquor Code Section 12-47-301(3)(a)
unlawfully exercising privileges granted to another licensee.
Judge Lane approved the findings, conclusion and order accepting the stipulation agreement as
presented for GMRI, Inc., dba Olive Garden Italian Restaurant, 3905 South College Avenue.
Temporary Modification of Premise Application from
Music City Hot Chicken, LLC, dba Music City Hot Chicken,
111 West Prospect Road, #B and #C Approved
Jordan Graf, representative for Music City Hot Chicken, LLC, stated they are requesting a temporary
modification to their premises to include the parking lot in front of the restaurant for the six Colorado
State University home games this fall. In response to questions from the Authority, Mr. Graf briefly
described the barriers and security staff he will have for each event. He stated they will not serve
alcohol in the extended premises before 9:00 a.m., or after 2:00 p.m.
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Judge Lane approved the temporary modification of premise application from Music City Hot
Chicken, LLC, dba Music City Hot Chicken, 111 West Prospect Road, #B and #C for August 25,
September 8, September 22, October 13, October 26 and November 17, 2018.
Temporary Modification of Premise Application from
Black Bottle Brewery, LLC, dba Black Bottle Brewery,
1611 South College Avenue, Suite 1609, Approved
Sean Nook, representative for Black Bottle Brewery, LLC, stated that they will not keep the extended
premises open past 9:00 p.m. Mr. Nook briefly described the fencing and security measures he will be
taking for the safety of their patrons and employees.
Judge Lane approved the temporary modification of premise application from Black Bottle Brewery,
LLC dba Black Bottle Brewery, 1611 South College Avenue, Suite 1609.
Hearing on a New Application from
Lucky’s Market Operating Company, LLC, dba
Luckys’ Market, 425 South College Avenue, Approved
Brian Proffitt, representative for Lucky’s Market Operating Company, LLC, stated he has two
witnesses to testify.
Tanya Ellis, store director, was sworn. She briefly described her background and how long she has
been with Lucky’s Operating Company, LLC. Ms. Ellis described the type of training employees are
required to complete prior to being allowed to sell 3.2% beer.
Carol Johnson, representative for Esquire Petitioning, was sworn. She stated the results of this survey
indicate strong support for this application. Ms. Johnson stated surveyors received many positive
comments in support of this application.
Judge Lane adopted Resolution 2018-011 for a 3.2% beer – off premise license from Lucky’s Market
Operating Company, LLC, dba Lucky’s Market, 425 South College Avenue.
Hearing on a New Application from
Whole Foods Market Rocky Mountain/Southwest L.P., dba
Whole Foods Market, 2201 South College Avenue, Approved
Kevin Coates, attorney representing Whole Foods Market Rocky Mountain/Southwest L.P., stated
they are ready to proceed.
Scott McFetridge, property owner within the 1 mile radius designated as the neighborhood, was sworn
and stated that there is a need and desire for this license to be granted.
Max Scott, representative for Oedipus, Inc., was sworn. He briefly reviewed how the petitioning was
conducted and that these results represent support for this application.
Brian Lahey, general manager for Whole Foods, was sworn and stated customers regularly ask for
beer to be sold at this store. He briefly described their training methods as well as who will be required
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to complete training prior to selling 3.2 % beer. Mr. Lahey stated he understands the responsibility
involved with the sale and service of 3.2% beer.
Judge Lane adopted Resolution 2018-014 approving a 3.2% beer – off premise license from Whole
Foods Market Rocky Mountain/Southwest L.P., dba Whole Foods Market, 2201 South College
Avenue.
Hearing on a New Application from Lirano Wine Bar, Inc., dba
Lirano Wine Bar, 3600 Mitchell Drive, #5, Approved
Mark Cohen, representative for Lirano Wine Bar, Inc., was sworn. In response to questions from the
Authority, Mr. Cohen detailed the premises. He stated he will have light snacks available for his
patrons. Mr. Cohen stated he and his employees will be TIPs trained prior to opening.
Judge Lane adopted Resolution 2018-010 approving a tavern liquor license from Lirano Wine Bar,
Inc., dba Lirano Wine Bar, 3600 Mitchell Drive, #5.
Adjournment
The meeting adjourned at 2:25 p.m.
______________________________
Municipal Judge
__________________________________
Secretary
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