HomeMy WebLinkAboutLiquor Licensing Authority - Minutes - 04/30/2007LIQUOR LICENSING AUTHORITY MINUTES
Regular Meeting - April 30, 2007
1:00 P.M.
Staff Liaison: Aimee Jensen
A regular meeting of the Liquor Licensing Authority was held on April 30, 2007 in Municipal
Court, Justice Center, 215 North Mason. Judge Kathleen M. Lane presiding.
Staff in attendance: Teresa Ablao, Assistant City Attorney
Aimee Jensen, Deputy City Clerk
Robert Younger, Liquor Enforcement Officer
Aeenda Review
Deputy City Clerk Jensen stated there are no changes to the agenda.
Show Cause Hearing for
Coopersmith Brewing Company,
dba Coopersmith's, #5 Old Town Square
Stipulation Agreement Approved
Senior Assistant Attorney Ablao summarized the stipulation agreement. She stated that the Licensee
has agreed to a 15 day suspension, 4 days served (paid fine in lieu of suspension $2789), with 11
days held in abeyance for 1 year for violating C.R.S., 12-47-901(1)(a.5), permitting the sale or
service of alcohol beverages to a person under the age of 21 years.
Scott Smith, representative for Coopersmith Brewing Company, dba Coopersmith's, #5 Old Town
Square, stated he has reviewed the stipulation agreement. He stated his employees are trained on an
ongoing basis.
Judge Lane approved the findings, conclusion and order accepting the stipulation agreement as
presented for Coopersmith Brewing Company, dba Coopersmith's, #5 Old Town Square.
Show Cause Hearing for Huy Lai Corporation,
dba Harmony Liquor, 115 East Harmony Road, Suite 100
Stipulation Agreement Approved
Senior Assistant Attorney Ablao summarized the stipulation agreement. She stated that the Licensee
April 30, 2007
has agreed to a 15 day suspension, 5 days served (paid fine in lieu of suspension $974.89), with 10
days held in abeyance for 1 year for violating C.R.S., 12-47-901(1)(a.5), permitting the sale or
service of alcohol beverages to a person under the age of 21 years.
Tristan Tran, representative for Huy Lai Corporation, stated he has reviewed the stipulation
agreement. He stated will determine the amount of the fine and notify the City Clerk's Office within
48 hours. Mr. Tran stated he will attend training.
Judge Lane approved the findings, conclusion and order accepting the stipulation agreement as
presented for Huy Lai Corporation, dba Harmony Liquor, 115 East Harmony Road.
Show Cause Hearing for Tivine, LLC,
dba Island Grill, 2601 South Lemay,
Stipulation Agreement Approved
Senior Assistant AttomeyAblao summarized the stipulation agreement. She stated that the Licensee
has agreed to a 15 day suspension, 5 days served (paid fine in lieu of suspension $1538.61), with 10
days held in abeyance for 1 year for violating C.R.S., 12-47-901(1)(a.5), permitting the sale or
service of alcohol beverages to a person under the age of 21 years.
Kenneth Kuk and Hal Walker, representatives for Tivine, LLC, stated they have reviewed the
stipulation agreement. Mr. Kuk briefly described the training program they have implemented.
Judge Lane approved the findings, conclusion and order accepting the stipulation agreement as
presented for Tivine, LLC, dba Island Grill, 2601 South Lemay.
Show Cause Hearing for Panhandler's, Inc.,
dba Panhandler's,1220 West Elizabeth Street,
Stipulation Agreement Approved
Senior Assistant AttomeyAblao summarized the stipulation agreement. She stated that the Licensee
has agreed to a 20 day suspension, 10 days served with 10 days held in abeyance for 1 year for
violating C.R.S., 12-47-901(5)(a)(I), underage server not supervised.
John Olson, representative for Panhandler's, Inc., stated he has reviewed the stipulation agreement.
He stated his employees have recently attended Officer Younger's class.
Judge Lane approved the findings, conclusion and order accepting the stipulation agreement as
presented for Panhandler's hic., dba Panhandler's, 1220 West Elizabeth Street.
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April 30, 2007
Show Cause Hearing for Father and Son Liquors, Inc.,
dba Lemay Liquors, 737 South Lemay Avenue, #B2,
Stipulation Agreement Approved
Senior Assistant AttorneyAblaosummarized the stipulation agreement. She stated that the Licensee has
agreed to a 25 day suspension, 5 days served with 20 days held in abeyance for 1 year for violating
C.R.S., 12-47-901(1)(a.5), permitting the sale or service of alcohol beverages to a person under
the age of 21 years. Dennis
Jensen, representative for Father and Son Liquors, hie., stated he has reviewed the stipulation agreement.
He stated the identification scanner was not used properly. Judge
Lane approved the findings, conclusion and order accepting the stipulation agreement as presented
for Father and Son Liquors hie., dba Lemay Liquors, 737 South Lemay. Show
Cause Hearing for Albertson's, LLC, dba
Albertson's Food Center #814, 1636
North College Avenue, Stipulation
Agreement Approved Senior
Assistant AttomeyAblaosummarized the stipulation agreement. She stated that the Licensee has agreed
to a 15 day suspension, 5 days served (paid fine in lieu of suspension $346), with 10 days held in
abeyance for 1 year for violating C.R.S., 12-47-901(1)(a.5), permitting the sale or service of alcohol beverages
to a person under the age of 21 years. Robert Pfankuch,
manager, stated he is re -certified in TIP's every 6 months. He stated he will provide the
City Clerk's Office with their 3.2% beer sales numbers. Paul Lumbye, attorney representing Albertson'
s, LLC, stated generally an employee is terminated when found in violation of the
liquor code, however this particular employee was given a suspension without pay. Judge Lane
approved the findings, conclusion and order accepting the stipulation agreement as presented for
Albertson's, LLC, dba Albertson's Food Center #814, 1636 North College Avenue. Show Cause
Hearing for Valero Diamond Metro, Inc., dba Diamond
Shamrock #1152, 4502 South
Timberline Road, Stipulation Agreement
Approved Senior Assistant
Attorney Ablao summarized the stipulation agreement. She stated that the Licensee has agreed
to a 15 day suspension, 5 days served (paid fine in lieu of suspension $200), with 10 days held in
abeyance for 1 year for violating C.R.S., 12-47-901(1)(a.5), permitting the sale or service of alcohol beverages
to a person under the age of 21 years.
April 30, 2007
Steve Lee, attorney representing Valero Diamond Metro, Inc., stated he has reviewed the stipulation
agreement with his client. He stated his client will have Liquor Enforcement Officer Younger
review their training information.
Judge Lane approved the findings, conclusion and order accepting the stipulation agreement as
presented for Valero Diamond Metro, hic., dba Diamond Shamrock #1152, 4502 South Timberline
Road.
Show Cause Hearing for Brinker Restaurant Corp.,
dba Romano's Macaroni Grill, 4627 South Timberline Road,
Stipulation Agreement Approved
Senior Assistant AttorneyAblao summarized the stipulation agreement. She stated that the Licensee
has agreed to a 15 day suspension, 5 days served (paid fine in lieu of suspension $963.78), with 10
days held in abeyance for 1 year for violating C.R.S., 12-47-901(1)(a.5), permitting the sale or
service of alcohol beverages to a person under the age of 21 years.
Bob Dill, attorney representing Brinker Restaurant Corp., stated he has had an opportunity to review
the stipulation agreement with his client. He stated the manager, Steve Svendson, terminated the
employee that served the underage operative.
Judge Lane approved the findings, conclusion and order accepting the stipulation agreement as
presented for Brinker Restaurant Corp., dbaRomano's Macaroni Grill, 4627 South Timberline Road.
Show Cause Hearing for Lone Star Steakhouse/Saloon of Colo., Inc.,
dba Lone Star Steakhouse,100 West Troutman Parkway,
Order Accepted
Senior Assistant AttorneyAblao summarized the stipulation agreement. She stated that the Licensee
has agreed to a 15 day suspension, 5 days served (paid fine in lieu of suspension $465.69), with 10
days held in abeyance for 1 year for violating C.R.S., 12-47-901(1)(a.5), permitting the sale or
service of alcohol beverages to a person under the age of 21 years.
Bob Dill, attorney representing Lone Star Steakhouse/Saloon of Colo., Inc., stated he has had an
opportunity to review the stipulation agreement. He stated the employee that served the underage
operative was terminated.
Judge Lane accepted the order as presented for Lone Star Steakhouse/Saloon of Colo., Inc., dba Lone
Star Steakhouse, 100 West Troutman Parkway.
April 30, 2007
Show Cause Hearing for East Moon, Inc.,
dba East Moon Asian Bistro,
1624 South Lemay Avenue, Order Accepted
Senior Assistant AttomeyAblao summarized the stipulation agreement. She stated that the Licensee
has agreed to a 15 day suspension, 5 days served (paid fine in lieu of suspension $200), with 10 days
held in abeyance for 1 year for violating C.R.S., 12-47-901(1)(a.5), permitting the sale or service of
alcohol beverages to a person under the age of 21 years.
Tom Kelley, attorney representing East Moon Asian Bistro, stated he has had an opportunity to
review the stipulation agreement. He stated they will provide alcohol sales information and pay fine
within 48 hours. Mr. Kelley stated the violating employee has been disciplined by the restaurant.
Judge Lane accepted the order as presented for East Moon, Inc., dba East Moon Asian Bistro, 1624
South Lemay Avenue.
Show Cause Hearing for Harmony Market Wine/Liquor Depot, Inc.,
dba Liquor Depot, 356 East Harmony,
Stipulation Agreement Approved
Senior Assistant AttomeyAblao summarized the stipulation agreement. She stated that the Licensee
has agreed to a 15 day suspension, 5 days served (paid fine in lieu of suspension $5000), with 10
days held in abeyance for 1 year for violating C.R.S., 12-47-901(1)(a.5), permitting the sale or
service of alcohol beverages to a person under the age of 21 years.
James Martell, attorney representing Harmony Market Wine/Liquor Depot, Inc., stated he has had
an opportunity to review the stipulation agreement. He stated the violating employee was
terminated.
Judge Lane approved the findings, conclusion and order accepting the stipulation agreement as
presented for Harmony Market Wine/Liquor Depot, Inc., dba Liquor Depot, 356 East Harmony.
Show Cause Hearing for Mountain View Pizza, LLC,
dba Pizza Hut Restaurant, 1075 Pennock Place,
Stipulation Agreement Approved
Senior Assistant AttomeyAblao summarized the stipulation agreement. She stated that the Licensee
has agreed to a 15 day suspension, 5 days served (paid fine in lieu of suspension $200), with 10 days
held in abeyance for 1 year for violating C.R.S., 12-47-901(1)(a.5), permitting the sale or service of
alcohol beverages to a person under the age of 21 years.
Steve Lee, attorney representing Mountain View Pizza, LLC stated he has reviewed the stipulation
April 30, 2007
agreement with his client. He briefly described the incident. Mr. Lee stated he has proof of training
for the employees.
Judge Lane approved the findings, conclusion and order accepting the stipulation agreement as
presented for Mountain View Pizza, LLC, dba Pizza Hut Restaurant, 1075 Pennock Place.
Show Cause Hearing for Tre Mark, Inc.,
dba Fabby's Wine and Spirits,
2608 Timberline Road, #112
Stipulation Agreement Approved
Senior Assistant Attorney Ablao summarized the stipulation agreement. She stated that the Licensee
has agreed to a 15 day suspension, 5 days served (paid fine in lieu of suspension $4098), with 10
days held in abeyance for 1 year for violating C.R.S., 12-47-901(1)(a.5), permitting the sale or
service of alcohol beverages to a person under the age of 21 years.
Doug Fabschutz, representing Tre Mark, Inc., stated he has had an opportunity to review the
stipulation agreement. He stated the violating employee was terminated.
Judge Lane approved the findings, conclusion and order accepting the stipulation agreement as
presented for Tre Mark, Inc., dba Fabby's Wine and Spirits, 2608 Timberline Road, #112.
Show Cause Hearing for Canam Spirits, Inc.,
dba Fish's Liquor Mart,
1007 East Harmony Road,
Stipulation Agreement
Senior Assistant Attorney Ablao summarized the stipulation agreement. She stated that the Licensee
has agreed to a 15 day suspension, 5 days served (paid fine in lieu of suspension $4351.45), with 10
days held in abeyance for 1 year for violating C.R.S., 12-47-901(1)(a.5), permitting the sale or
service of alcohol beverages to a person under the age of 21 years.
Rick Lockood, representative for Canam Spirits, Inc., stated he has had an opportunity to review
the stipulation agreement and that the violating employee was terminated.
Judge Lane approved the findings, conclusion and order accepting the stipulation agreement as
presented for Canam Spirits, Inc., dba Fish's Liquor Mart, 1007 East Harmony Road.
April 30, 2007
Show Cause Hearing for Western Convenience Stores, Inc.,
dba Western Convenience Stores,
1113 West Drake Road, Stipulation Agreement Approved
Senior Assistant AttorneyAblao summarized the stipulation agreement. She stated that the Licensee
has agreed to a 15 day suspension, 5 days served (paid fine in lieu of suspension $200), with 10 days
held in abeyance for 1 year for violating C.R.S., 12-47-901(1)(a.5), permitting the sale or service of
alcohol beverages to a person under the age of 21 years.
Randy Mylam, representative for Western Convenience Stores, Inc., stated he has had an opportunity
to review the stipulation agreement. He stated they will be paying the minimum fine amount of
200. Mr. Mylam stated the violating employee was terminated immediately.
Judge Lane approved the findings, conclusion and order accepting the stipulation agreement as
presented for Westem Convenience Stores, hic., dba Western Convenience Stores,1113 West Drake
Road.
Show Cause Hearing for 3 Dagos, Inc.,
dba Poppy's,130 South Mason Street
Order Accepted
Senior Assistant Attorney Ablao summarized the stipulation agreement. She stated that the Licensee
has agreed to a 15 day suspension, 5 days served (paid fine in lieu of suspension $549.10), with 10
days held in abeyance for 1 year for violating C.R.S., 12-47-901(1)(a.5), permitting the sale or
service of alcohol beverages to a person under the age of 21 years.
Brian Tessari, representative for 3 Dagos, Inc., stated he has had an opportunity to review the
stipulation agreement. He stated he admits to the violation. Mr. Tessari stated all servers will attend
Liquor Enforcement Officer Younger's class.
Judge Lane accepted the order as presented for 3 Dagos, Inc., dba Poppy's, 130 South Mason Street.
Show Cause Hearing for Liujiang, LLC,
dba Jasmine Garden,
2721 South College Avenue,
License ordered to be suspended for 30 dates
Senior Assistant City Attorney Ablao stated she has not been in contact with the Licensee and that
they have not provided proof of training within the required 60 days as ordered by the Judge on
February 26, 2007.
Judge Lane ordered that the hotel -restaurant liquor license for Liujiang, LLC, dba Jasmine Garden,
2721 South College be suspended for 30 days and to appear at the May 21, 2007 meeting.
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April 30, 2007
Show Cause Hearing for MAST Enterprise of Wyoming,
dba HuHot Mongolian Grill, 259 South College Avenue,
Order Accepted
Senior Assistant AttorneyAblao summarized the stipulation agreement. She stated that the Licensee
has agreed to a 15 day suspension, 5 days served (paid fine in lieu of suspension $328.38), with 10
days held in abeyance for 1 year for violating C.R.S., 12-47-901(1)(a.5), permitting the sale or
service of alcohol beverages to a person under the age of 21 years.
Art Thiele, representative for MAST Enterprise of Wyoming, stated he has had an opportunity to
review the stipulation agreement. He stated he admits to the violation.
Judge Lane accepted the order as presented for MAST Enterprise of Wyoming, dba HuHot
Mongolian Grill, 259 South College Avenue.
Registration of Lee Duvall as
Manager of HuHot Mongolian Grill,
259 South College Avenue, Approved
Lee Duvall, manager applicant, briefly described his background. He stated any patron that orders
alcohol will be carded. Mr. Duvall stated he has a current copy of the liquor code on premise and
that any employee found in violation of the liquor code will be terminated.
Judge Lane approved the registration of Lee Duvall as Manager of HuHot Mongolian Grill, 259
South College Avenue.
Show Cause Hearing for
Kampai, Inc., dba Hibachi Japanese Steakhouse,
1051 West Horsetooth Road,
Order Accepted
Senior Assistant AttomeyAblao summarized the stipulation agreement. She stated that the Licensee
has agreed to a 15 day suspension, 5 days served (paid fine in lieu of suspension $333.33), with 10
days held in abeyance for 1 year for violating C.R.S., 12-47-901(1)(a.5), permitting the sale or
service of alcohol beverages to a person under the age of 21 years.
Hai Nguyen, representative for Kampai, Inc., stated he has had an opportunity to review the
stipulation agreement. He stated he admits to the violation. Mr. Nguyen stated the violating
employee will attend Liquor Enforcement Officer Younger's class.
Judge Lane accepted the order as presented for Kampai, Inc., dba Hibachi Japanese Steakhouse,1051
West Horsetooth Road.
April 30, 2007
Fort Collins Warehouse Liquors, Inc., dba
Fort Collins Warehouse Liquors,
4700 Boardwalk Drive,
Order Accepted
Senior Assistant Attorney Ablao summarized the stipulation agreement. She stated that the Licensee
has agreed to a 15 day suspension, 5 days served (paid fine in lieu of suspension $5000), with 10
days held in abeyance for 1 year for violating C.R.S., 12-47-901(1)(a.5), permitting the sale or
service of alcohol beverages to a person under the age of 21 years.
Monte Huber, representative for Fort Collins Warehouse Liquors, Inc., stated he has had an
opportunity to review the stipulation agreement. He stated he admits to the violation. Mr. Huber
stated the employee was not terminated.
Judge Lane accepted the order as presented for Fort Collins Warehouse Liquors, Inc., dba Fort
Collins Warehouse Liquors, 4700 Boardwalk Drive.
Show Cause Hearing for
Mt. Everest Cafe, LLC, On Mt. Everest CaO,
1113 West Drake Road,
Order Accepted
Senior Assistant AttomeyAblao summarized the stipulation agreement. She stated that the Licensee
has agreed to a 15 day suspension, 5 days served (paid fine in lieu of suspension $200), with 10 days
held in abeyance for 1 year for violating C.R.S., 12-47-901(1)(a.5), permitting the sale or service of
alcohol beverages to a person under the age of 21 years.
Dawa Sherpa, representative for Mt. Everest Cafe, stated he has had an opportunity to review the
stipulation agreement. He stated he admits to the violation. Mr. Sherpa stated the employee has
been his duties reassigned.
Judge Lane accepted the order as presented for Mt. Everest Cafe, LLC, dba Mt. Everest Cafe, 1113
West Drake Road.
Show Cause Hearing for Cottonwood Liquors, LLC,
On Cottonwood Liquors, 3645 South College Avenue,
Order Accepted
Senior Assistant Attorney Ablao summarized the stipulation agreement. She stated that the Licensee
has agreed to a 15 day suspension, 5 days served (paid fine in lieu of suspension $3507.22), with 10
days held in abeyance for 1 year for violating C.R.S., 12-47-901(1)(a.5), permitting the sale or
service of alcohol beverages to a person under the age of 21 years.
Andrew Johannson, representative for Cottonwood Liquors, LLC, stated he has had an opportunity
we
to review the stipulation agreement.
violating employee was terminated.
within 60 days.
April 30, 2007
He stated he admits to the violation. Mr. Johannson stated the
He will provide proof of training to the City Clerk's Office
Judge Lane accepted the order as presented for Mt. Everest Caf6, LLC, dba Mt. Everest Caf6, 1113
West Drake Road.
Show Cause Hearing for Nicholas Kakalex, Leslie Nine, Katheryn Bohn,
dba Choice City Shots, 124 LaPorte Avenue,
Order Accepted
Senior Assistant AttomeyAblao summarized the stipulation agreement. She stated that the Licensee
has agreed to a 15 day suspension, 5 days served (paid fine in lieu of suspension $200), with 10 days
held in abeyance for 1 year for violating C.R.S.,12-47-901(1)(a.5), permitting the sale or service of
alcohol beverages to a person under the age of 21 years.
Leslie Nine and Katheryn Bohn stated they have had an opportunity to review the stipulation
agreement. Ms. Bohn stated she will attend Liquor Enforcement Officer Younger's training.
Judge Lane accepted the order as presented for Nicholas Kakalex, Leslie Nine, Katheryn Bohn,
dba Choice City Shots, 124 LaPorte Avenue.
Show Cause Hearing for Caf6 Mexicali, LLC
dba Caf6 Mexicali, 2925 South College Avenue,
Order Accented
Senior Assistant Attorney Ablao summarized the stipulation agreement. She stated that the Licensee
has agreed to a 15 day suspension, 5 days served (paid fine in lieu of suspension $200), with 10 days
held in abeyance for 1 year for violating C.R.S., 12-47-901(1)(a.5), permitting the sale or service of
alcohol beverages to a person under the age of 21 years.
Rick Kramer, representative for Caf6 Mexicali, LLC, stated he has had the opportunity to review the
stipulation agreement. He stated he admits to the violation. Mr. Kramer stated the violating
employee was not terminated.
Judge Lane accepted the order as presented for Cafe Mexicali, LLC, dba Caf6 Mexicali, 2925 South
College Avenue.
The meeting adjourned at 3:10 p.m.
Adjournment
i^- W"s.
Municipal Judge
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