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HomeMy WebLinkAboutLiquor Licensing Authority - Minutes - 07/28/1999A regular meeting of the Liquor Licensing Authority was held on Wednesday, July 28, 1999, in the Council Chambers of the Fort Collins Municipal Building. The following members were present: Crowfoot, Davis, Morris, Oldham, and Schmitz. Absent: Cooper (Minton resigned June 22, 1999). Staff Members Present: Aimee Jensen, City Clerk's Office Greg Tempel, City Attorney's Office Thomas Reznik, Police Department Consent Calendar The Consent Calendar is intended to expedite the meeting and allow the Authority to 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. Report of Change of Corporate Structure for ShowBiz Pizza Time Inc dba Chuck E Cheese's, 105 West Prospect. 2. Report of Change of Trade Name from Grape Expectations to Beverage Nation 200 West Foothills, Suite B. 3. Report of Change of Corporate Structure for Rasta Pasta of Fort Collins Inc dba Rasta Pasta, 200 Walnut Street. 4. Transfer of Ownership of Diamond Shamrock from Diamond Shamrock Refining and Marketing to Metro Oil Comp. 1501 West Elizabeth 5. Transfer of Ownership of Diamond Shamrock from Diamond Shamrock Refining and Marketing to Metro Oil Company, 1100 Oakridge Drive July 28, 1999 Authority member Morris requested that Item #3 be removed from the Consent Calendar to be consider with Item #14, Modification of Premise for Rasta Pasta of Fort Collins, Inc., dba Rasta Pasta. Authority member Crowfoot made a motion, seconded by Authority member Oldham, to adopt and approve the Consent Calendar. Yeas: Crowfoot, Davis, Morris, Oldham, and Schmitz. Nays: None. THE MOTION CARRIED. Registration of Chris Henning as Manager of Alfalfa's Market, 200 West Foothills Parkway. Approved Chris Henning, manager, stated he has had no experience selling alcohol. He stated he does not have a copy of the liquor code on premise. Mr. Henning noted he will not sell 3.2% beer without training for himself and his staff. He stated if beer is sold, the cash register will be need to be unlocked by a manager before the cashier can continue. Authority member Oldham made a motion, seconded by Authority member Crowfoot, to approve Chris Henning as manager of Alfalfa's Market, 200 West Foothills Parkway. Yeas: Crowfoot, Davis, Morris, Oldham, and Schmitz. Nays: None. THE MOTION CARRIED. Registration of Barbara Eileen Wright as Manager of Diamond Shamrock #671, 1113 West Drake, Approved Barbara Eileen Wright, manager, stated she has had no liquor violations. She stated she supervises five employees and that Diamond Shamrock provides extensive training for all employees. Authority member Crowfoot made a motion, seconded by Authority member Morris, to approve Barbara Eileen Wright as Manager of Diamond Shamrock #671, 1113 West Drake. Yeas: Crowfoot, Davis, Morris, Oldham, and Schmitz. Nays: None. THE MOTION CARRIED. Registration of Richard Holloway as Manager of Diamond Shamrock #1152, 4502 Timberline, Approved Richard Holloway, manager, stated he has had no liquor violations. 2 July 28, 1999 Authority member Morris made a motion, seconded by Authority member Schmitz, to approve Richard Holloway as Manager of Diamond Shamrock #1152, 4502 Timberline. Yeas: Crowfoot, Davis, Morris, Oldham, and Schmitz. Nays: None. THE MOTION CARRIED. Registration of Deborah Geoppinger as Manager of Diamond Shamrock #1100, 1501 West Elizabeth, Approved Deborah Geoppinger, manager, stated she has been with Diamond Shamrock for seven years. She also stated she has had extensive training through Diamond Shamrock. Authority member Oldham made a motion, seconded by Authority member Schmitz, to approve Deborah Geoppinger as manager of Diamond Shamrock #1100, 1501 West Elizabeth. Yeas: Crowfoot, Davis, Morris, Oldham, and Schmitz. Nays: None. THE MOTION CARRIED. Registration of Shelby Woodward as Manager of Diamond Shamrock #1158, 1100 Oakridge Drive, Postponed The applicant did not appear and the application was postponed to August 25, 1999. Request from An American Bistro, Ltd., dba Jay's Bistro, 151 South College, to Change, Alter, or Modify the Licensed Premises Approved Jay Witlen, owner, described the proposed modifications. He stated the extended patio will be open from April 1 to October 1 of each year. He stated this patio extension has added five tables to the outside seating area. Authority member Morris made a motion, seconded by Authority member Schmitz, to approve the modification of premise for Jay's Bistro, 151 South College. Yeas: Crowfoot, Morris, Oldham, and Schmitz. Nays: Davis. THE MOTION CARRIED. July 28, 1999 Request from DJH, Inc., dba Diamond Billiards & Pub, 1213 West Elizabeth, to Change, Alter, or Modify the Licensed Premises, Approved Dan Holcomb, owner, briefly described the proposed modification of premise. He stated he has not applied for the necessary City permits, pending the decision of the Authority. Mr. Holcomb noted the new door will have an alarm. Authority member Schmitz made a motion, seconded by Authority member Morris, to approve the modification of premise for Diamond Billiards & Pub,1213 West Elizabeth. Yeas: Crowfoot, Davis, Morris, Oldham, and Schmitz. Nays: None. THE MOTION CARRIED. Request from Rasta Pasta of Fort Collins, Inc., dba Rasta Pasta, 200 Walnut Street, to Change, Alter, or Modify the Licensed Premises, Approved AND Report of Change of Corporate Structure for Rasta Pasta of Fort Collins, Inc., dba Rasta Pasta, 200 Walnut Street, Postponed Scott Lias, owner, briefly described the proposed modification. He stated they are waiting for approval from the Authority to put up the wrought iron fencing around the outdoor patio. Mr. Lias stated the patio is visible from inside the restaurant. He noted the landlord is supportive of this change. He changed the diagram to read that the fencing will be at least 40 inches tall. Greg Tempel, Assistant City Attorney, stated the application has been approved as to form. Authority member Morris made a motion, seconded by Authority member Schmitz, to approve the modification of premise for Rasta Pasta, 200 Walnut Street. Yeas: Crowfoot, Davis, Morris, Oldham, and Schmitz. Nays: None. THE MOTION CARRIED. The Authority requested that Mr. Platner attend the August 25, 1999 meeting. Scott Lias, owner, stated he was unaware John Platner, owner, was required to be present for the Change of Corporate Structure. Mr. Lias stated he will notify Mr. Platner to attend the August 25, 1999 meeting. July 28, 1999 Request from Buonamici Ventures, Inc., dba The Matrixx, 450 Linden, Approved Tad Buonamici, owner, briefly described the proposed changes. He stated he is adding a bar to accommodate the increased seating on the second floor. Mr. Buonamici stated the changes should be complete by the end of October. Authority member Schmitz made a motion, seconded by Authority member Morris, to approve the modification of premise for The Matrixx, 450 Linden. Yeas: Crowfoot, Davis, Morris, Oldham, and Schmitz. Nays: None. THE MOTION CARRIED. Consideration of an Application from the Downtown Business Association for a Special Events Permit at Library Park, 200 Mathews (NewWest Fest). Approved David Short, event manager, stated the Overland Sertoma Club will be running the beer garden. He noted that security will monitor the perimeter of the beer garden. Chuck Helzer, representative for the Overland Sertoma Club, requested that the application be amended to extend the hours of service to 10:00 p.m. on both evenings. Mr. Short indicated he was agreeable to the change. Mr. Short stated they expect approximately 5000 people to attend the beer garden. In response to a question from the Authority, Officer Richard Johnson stated he has not received any complaints regarding this event in the past. Authority member made a motion, seconded by Authority member Schmitz, to approve the application from the Downtown Business Association for a Special Events Permit at Library Park, 200 Mathews (NewWest Fest). Yeas: Crowfoot, Davis, Morris, Oldham, and Schmitz. Nays: None. THE MOTION CARRIED. Consideration of an Application from the Poudre Landmarks Foundation, for a Special Events Permit at 701 East Elizabeth, Approved Leslie Vogt, event manager, stated this event is the Poudre Landmarks Foundation annual fundraiser. She briefly described the event. She stated she has had difficulty obtaining the certificate of good standing to complete the application. Ms. Vogt stated they are expecting approximately 200 people at this event. She noted volunteers will be checking ID's at the door. July 28, 1999 In response to a question from the Authority, Greg Tempel, Assistant City Attorney, stated the Authority could conditionally approve this application upon the receipt of a valid certificate of good standing. Authority member Morris made a motion, seconded by Authority member Crowfoot, to approve the application from the Poudre Landmarks Foundation, 701 East Elizabeth, with the condition that the City Clerk's office receive a valid certificate of good standing. Yeas: Crowfoot, Davis, Morris, Oldham, and Schmitz. Nays: None. THE MOTION CARRIED. Transfer of Ownership of Circle K #1987 from Circle K Stores, Inc., to Duke and Long Distributing Company, Inc., 949 South Taft Hill Road and Trade Name Change to Everyday Store #5015, Approved AND Registration of Cindy K. Babnick as Manager of Everyday Store #5015, 949 South Taft Hill Road. Approve Robert Dill, attorney representing Duke and Long Distributing Company, Inc., stated he was appearing on behalf of the owners. He stated no changes will be made to how the store is operated. Mr. Dill stated the owners have been operating under a temporary permit since May 14, 1999. Authority member Crowfoot made a motion, seconded by Authority member Schmitz, to approve the transfer of ownership of Circle K #1987 from Circle K Stores, Inc., to Duke and Long Distributing Company, Inc., 949 South Taft Hill Road and Trade Name Change to Everyday Store #5015. Yeas: Crowfoot, Davis, Morris, Oldham, and Schmitz. Nays: None. THE MOTION CARRIED. Ms. Babnick stated she has been the manager at this location for two and a half years and has had no liquor violations. She stated employees that violate the liquor code are immediately terminated. Ms. Babnick stated she has the Colorado Liquor Code on premise and knows how to use it. She briefly described the training employees are required to attend. 0 July 28, 1999 Authority member Schmitz made a motion, seconded by Authority member Morris, to approve Cindy K. Babnick as Manager of Everyday Store #5015, 949 South Taft Hill Road. Yeas: Crowfoot, Davis, Morris, Oldham, and Schmitz. Nays: None. THE MOTION CARRIED. (Secretary's note: Authority member Oldham left the meeting at 7:00 p.m.) Hearing on a New Application from Cooper Foods, Inc., for a Hotel -Restaurant Liquor License at the Back Porch Cafe, 1101 East Lincoln Avenue, Hearing continued from June 23, 1999 Approved Deputy City Clerk Jensen reminded that Mike Cooper, owner, is still under oath from the June 23, 1999 hearing. Mr. Cooper stated his application was postponed to this month to clarify the diagram of the premise. He stated he anticipates his total alcohol sales to be 15% of his gross. Mr. Cooper stated he is aware that 25% of his gross sales need to be from food. In response to questions from the Authority, Mr. Cooper described the premise. Authority member Schmitz made a motion, seconded by Authority member Morris, to adopt Resolution 99-10 approving the application of Cooper Foods, Inc., for a Hotel -Restaurant Liquor License at the Back Porch Cafe, 1101 East Lincoln Avenue. Yeas: Crowfoot, Davis, Morris, and Schmitz. Nays: None. THE MOTION CARRIED. Hearing on a New Application from Harmony Marketplace Wine & Liquor Depot, Inc., for a Retail Liquor Store License at Marketplace Wine & Liquor Depot, 356 East Harmony, Unit #6C, Approved AND Registration of Joseph J. Musa as Manager of Marketplace Wine & Liquor Depot, 356 East Harmony, Unit #6C Approved Robert Dill, attorney representing the applicant, stated he has several witnesses to address this • 0 application. July 28, 1999 Mr. Dill called Greg Bever, owner, to testify. Greg Bever was sworn. He stated is a contractor in Fort Collins and is one of the owners in this business. Mr. Bever described the location and why this site was chosen. He stated Joe Musa, manager applicant, was chosen as manager because of his experience. Mr. Bever noted that Mr. Musa has sold his interest in his retail liquor store in Longmont. He stated he expects to have 10-12 full time employees. Mr. Bever stated that anyone that looks like they are under 35 will be carded. He noted the cash registers will require a date of birth to be entered before an alcohol and tobacco sale is completed. In response to a question from the Authority, Greg Tempel, Assistant City Attorney, stated the application has now been approved as to form. He stated the premises were initially measured to be within 500 feet of St. Peter Lutheran School, 4610 Hogan Drive, but that issue has been resolved. Mr. Bever stated that at no time did they believe St. Peter Lutheran School did not meet the requirements to be considered a school. Erik Fischer, 5225 Castle Ridge Place, party -in -interest and representative for Dr. Cary Sanders, 4402 Monaco Place, cross-examined Greg Bever. Mr. Bever stated they will differentiate themselves from other liquor stores with their service and offer a wide range of products. He stated he is aware that Joe Musa, manager applicant, had two liquor violations when he owned the retail liquor store in Longmont. Mr. Bever stated he did not know if Joe Musa is receiving any payments from selling the store in Longmont and that he did not know whether or not Ms. Nancy Smith, owner, owns the building where Campus West Liquors Depot is located. Assistant City Attorney Greg Tempel stated Applicant's Exhibits 1-6, identified as petitions, and Exhibit 7, identified as a summary, are admissible into evidence. Mr. Dill called Max Scott, representative for Oedipus, Inc., to testify. Mr. Scott was sworn. He described the petitioning process and indicated the petitions represent 416 (81%) signatures in favor and 98 (19%) signatures in opposition. Mr. Fisher cross-examined Mr. Scott. Mr. Scott read the briefing document his surveyors are required to read. He stated the briefing document is not included in the petitioning documents. Mr. Scott noted that the surveyor does not know who has hired Oedipus to conduct the survey. He stated several businesses in the shopping center were in favor of the issuance of this license. He stated they contacted approximately 100 businesses within the neighborhood. Mr. Dill called witnesses in support of the applicant. Michael Trinen, 3701 Ashmount Drive, was sworn. He stated he lives within the neighborhood July 28, 1999 boundaries. Mr. Trinen stated he is in favor of Marketplace Wine & Liquor Depot receiving a retail liquor store license for convenience of shopping. He noted he was not compensated for appearing. Ken Cavender, 901 Breakwater Drive, was sworn. He stated he lives within the neighborhood boundaries. Mr. Cavender stated he is in favor of Marketplace Wine & Liquor Depot receiving a retail liquor store license since this location is easier to access. He noted he was not compensated for appearing. Steve Spanjer, 509 Spring Canyon Court, was sworn. He stated he lives within the neighborhood boundaries. Mr. Spanjer stated he is in favor of Marketplace Wine & Liquor Depot receiving this retail liquor store license for shopping convenience and easy access to this shopping center. He noted he was not compensated for appearing. Kevin Soukup, 819 Commodore Place, was sworn. He stated he lives within the neighborhood boundaries. Mr. Soukup stated he is in favor of Marketplace Wine & Liquor Depot receiving this retail liquor store license for shopping convenience. He noted he was not compensated for appearing. Tim Rickert, 713 Benthaven Court, was sworn. He stated he lives within the neighborhood boundaries. Mr. Rickett also stated he is in favor of Marketplace Wine & Liquor Depot receiving this retail liquor store license for shopping convenience and that growth in the area could easily support another retail liquor store outlet. He noted he was not compensated for appearing. Bob Loner, 930 Sailors Reef, was sworn. He stated he lives within the neighborhood boundaries. Mr. Loner stated he is in favor of Marketplace Wine & Liquor Depot receiving this retail liquor store license for shopping convenience and ease of access. He noted he was not compensated for appearing. Mary Baldwin, 1100 Haxton, was sworn. She stated she lives within the neighborhood boundaries. Ms. Baldwin stated she is in favor of Marketplace Wine & Liquor Depot receiving this retail liquor store license for shopping convenience. She noted she was not compensated for appearing. Mr. Dill stated he had no more witnesses. Erik Fisher, party -in -interest, was sworn. Mr. Fisher submitted Exhibits A -I as evidence in opposition to this application. He briefly described his petitioning process. He stated he did not collect any signatures himself and that the boundaries of the neighborhood were included with the petitions. Mr. Dill cross-examined Mr. Fisher. Mr. Dill objected to the admission of Exhibits A -I, alleging 11 July 28, 1999 they do not conform to the City of Fort Collins standards. Assistant City Attorney Tempel stated Exhibits A -I are admissible into evidence. Andy Johansen, manager of Cottonwood Liquors, was sworn. He stated retail liquor stores are limited to how much they can differentiate themselves from other retail liquor stores. He stated he believes the neighborhood is adequately served by the existing four stores. Mr. Johansen noted that if this license is granted there would be four retail liquor stores within one mile of each other. Mr. Dill cross-examined Mr. Fisher. Mr. Fisher stated he is a shareholder in Fish's Liquor Mart. He stated there are no plans to move or add square footage to Fish's Liquor Mart. Mr. Fisher stated he has not protested any other retail liquor store licenses. Mr. Dill summarized testimony of the witnesses supporting the application. Mr. Fisher summarized his testimony in opposition to this application. The Authority recessed for five minutes. Authority member Schmitz made a motion, seconded by Authority member Crowfoot, to adopt Resolution 99-12 approving the application of Harmony Marketplace Wine & Liquor Depot, Inc., dba Marketplace Wine & Liquor Depot at 356 East Harmony, Unit #6C, for a retail liquor store license. Yeas: Crowfoot, Davis, and Schmitz. Nays: Morris. THE MOTION CARRIED. Joseph Musa, manager applicant, was sworn. He briefly described his experience selling alcohol. Mr. Musa stated he purchased his own retail liquor store in Longmont and has since sold his interest in that store. He stated one of his employees was cited for selling to a minor twice. Mr. Musa stated he will have Anheuser-Busch conduct T.I.P.'s training for himself as well as all the employees. He noted anyone selling to a minor will be terminated immediately. Authority member Morris made a motion, seconded by Authority member Schmitz, to approve Joseph Musa as Manager of Marketplace Wine & Liquor Depot, 356 East Harmony, Unit #6C. Yeas: Crowfoot, Davis, Morris, and Schmitz. Nays: None. Mgt •0 0 �•�c.�a;a;a��.a 10 July 28, 1999 Police Report Officer Rich Johnson stated the licensees for the following establishments and the Fort Collins Police Department have worked out stipulation agreements regarding violations found during recent compliance checks. He asked the Authority to approve the stipulation agreements. Fort Collins Marriott The Fort Collins Marriott, 350 West Horsetooth, was found in violation of Section 12-47- 901(i) (a), sale to a minor. They agreed to a suspension of 9 days, 3 days served ($200 fine paid in lieu of), with 6 days held in abeyance for 1 year. Authority member Morris made a motion, seconded by Authority member Crowfoot, to adopt the findings and order accepting the stipulation agreement as presented for the Fort Collins Marriott, 350 West Horsetooth. Yeas: Crowfoot, Davis, Morris, and Schmitz. Nays: None. THE MOTION CARRIED. Little Saigon Cafe Little Saigon Cafe, 3500 South College, was found in violation of Section 12-47-901(1)(a), sale to a minor. The owner agreed to a suspension of 9 days, 3 days served ($200 fine paid in lieu of), with 6 days held in abeyance for 1 year. Authority member Crowfoot made a motion, seconded by Authority member Morris, to adopt the findings and order accepting the stipulation agreement as presented for Little Saigon Cafe, 3500 South College. Yeas: Crowfoot, Davis, Morris, and Schmitz. Nays: None. THE MOTION CARRIED. Mandarin Restaurant The Mandarin Restaurant,1720 West Mulberry, was found in violation of Section 12-47-901(1) (a), sale to a minor. The owner agreed to a suspension of 9 days, 3 days served, with 6 days held in abeyance for 1 year. Authority member Schmitz made a motion, seconded by Authority member Crowfoot, to adopt the findings and order accepting the stipulation agreement as presented for the Mandarin Restaurant, 1720 West Mulberry. Yeas: Crowfoot, Davis, Morris, and Schmitz. Nays: None. THE MOTION CARRIED. 11 July 28, 1999 Wine & Liquor Specials Officer Rich Johnson briefed the Authority on alleged violations at Wine & Liquor Specials, 2439 South College. He requested the Authority schedule a show cause hearing for August 25, 1999. Authority member Morris made a motion, seconded by Authority member Schmitz, to find that probable cause exists to schedule a show cause hearing on August 25, 1999, for Wine & Liquor Specials, 2429 South College, for alleged violations of Section 12-47-901 (1) (a), Colorado Revised Statutes and to instruct the Deputy City Clerk to issue the necessary subpoenas. Yeas: Crowfoot, Davis, Morris, and Schmitz. Nays: None. THE MOTION CARRIED. Adjournment Authority member Morris made a motion, seconded by Authority member Crowfoot, to adjourn. Yeas: Crowfoot, Davis, Morris, and Schmitz. Nays: None. THE MOTION CARRIED. The meeting adjourned at 10:15 p.m. 12