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HomeMy WebLinkAboutLiquor Licensing Authority - Minutes - 03/24/1999A regular meeting of the Liquor Licensing Authority was held on Wednesday, March 24, 1999, in the Council Chambers of the Fort Collins Municipal Building. The following members were present: Cooper, Crowfoot, Davis, Morris, Minton, Oldham, and Schmitz. Staff Members Present: Aimee Jensen, City Clerk's Office Greg Tempel, City Attorneys 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. 1. Report of Change of Corporate Structure of Riverside Liquors 315 Riverside Avenue and Corporate Name from Bonin Investments, Inc. to Nerger Investments Inc. Authority member Crowfoot made a motion, seconded by Authority member Oldham, to adopt and approve the items on the Consent Calendar. Yeas: Cooper, Crowfoot, Davis, Morris, Minton, Oldham, and Schmitz. THE MOTION CARRIED. Show Cause Hearing for Sullivan's Tavern, 820 City Park Avenue Stipulation Agreement Approved Liquor Enforcement Officer Richard Johnson advised the Authority that a stipulation agreement had been reach in this matter and outlined the provisions of the stipulation as follows: License to be suspended for eight (8) days. Two (2) days to be actively served. In lieu of serving two (2) days, the Licensee agrees to pay and the City agrees to accept C • March 24, 1999 payment of $577.00. The remaining six (6) days will be held in abeyance for one (1) year. 2. The Licensee agrees to send all wait staff and personnel to a liquor education class conducted by Police Services or to some other similar class approved by Police Services. Scott Taylor, owner, and David Collier, manager, agreed to the stipulation. Mr. Taylor stated they have disciplined the employee and have scheduled a presentation with Officer Johnson. Authority member Oldham made a motion, seconded by Authority member Cooper, to approve the stipulation agreement as presented. Yeas: Cooper, Crowfoot, Davis, Minton, Oldham, and Schmitz. Nays: Morris. THE MOTION CARRIED. Registration of Lorraine Marie Archer As Manager of Kevin's Pub,1609 South College Approved Lorraine Marie Archer, manager, briefly described her experience in liquor sales. She stated she has had no liquor violations and has a copy of the Colorado Liquor Code on premise. Ms. Archer stated she will be working 5 nights a week and will be responsible for training all employees. Authority member Schmitz made a motion, seconded by Authority member Morris, to approve Lorraine Marie Archer as manager of Kevin's Pub, 1609 South College. Yeas: Cooper, Crowfoot, Davis, Morris, Minton, Oldham, and Schmitz. Nays: None. THE MOTION CARRIED. Registration of Dennis E. Newlun as Manager of The Town Pump,124 North College, Postponed until April 28,1999 This item was postponed to the April 28, 1999 regular meeting. Request from the State Board of Agriculture, dba the Colorado State University Lory Student Center, to Change, Alter, or Modify the Licensed Premises Approved Robert Peters, Director of Dining Services, detailed the proposed modification. He stated this is renovation due to damage from the flood that occurred July 27, 1997. Mr. Peters stated when this is finished it will be similar to what the Ramskeller used to be. Authority member Morris made a motion, seconded by Authority member Crowfoot, to approve the modification of premise for the Colorado State University Lory Student Center. Yeas: Cooper, Crowfoot, Davis, Morris, Minton, Oldham, and Schmitz. Nays: None. THE MOTION CARRIED. • March 24, 1999 Transfer of Ownership of Saigon 17, 146 North College from Xuong Van Nguyen, Inc., to Blue Bandit, Inc., and Trade Name Change to Vault Approved Rick Brahmer, owner, described the changes he will be making to the restaurant. He stated he has had no liquor violations and that any employee found in violation will be immediately dismissed. Mr. Brahmer described his employment history. Authority member Oldham made a motion, seconded by Authority member Crowfoot, to approve the transfer of ownership of Saigon 17, 146 North College, from Xuong Van Nguyen, Inc., to Blue Bandit, Inc., and Trade Name Change to Vault, contingent upon receipt by the City Clerk's office of a valid certification of good standing. Yeas: Crowfoot, Davis, Morris, Minton, Oldham, and Schmitz. Nays: Cooper. THE MOTION CARRIED. Transfer of Ownership of Roberto's Burritos, 120'/z West Laurel, From Watterson Foods, Inc., to Roberto's Bar & Tavern, LLC, Denied Jay Watterson, owner, stated he agreed to assume the penalties from Watterson Foods, Inc., and serve the suspension. Authority member Minton stated she will abstain from making a decision on this item, as she was not present at the show -cause hearing February 24, 1999. In response to a question from the Authority, Mr. Watterson stated he did not list a recent summons since he believed the charges would be dropped. He described the operation of the restaurant and that the fire marshal has not established an occupancy load. Mr. Watterson detailed his criminal history and involvement in local chanties. Authority member Schmitz made a motion, seconded by Authority member Morris, to deny the transfer of ownership of Roberto's Burritos, 120 'h West Laurel, from Watterson Foods, Inc., to Roberto's Bar & Tavern, LLC, based upon evidence, testimony, and argument presented, the Authority finds that Jay Watterson is not a person of good moral character due to the following facts before the Authority: 1) Evidence presented during the show cause hearing on February 24, 1999 specifically relating to Jay Watterson's behavior and conduct while serving as manager on the licensed premises. 2) The failure to inform the Authority of the receipt of a misdemeanor summons issued on August 29, 1998 constitutes a misrepresentation of a material fact by Jay Watterson in his application for a transfer of ownership. 3) The failure to provide an accurate diagram of the proposed licensed premises constitutes a misrepresentation of a material fact by Jay Watterson in his application for a transfer of ownership. Yeas: Cooper, Crowfoot, Davis, Morris, Oldham, and Schmitz. Abstain: Minton. THE MOTION CARRIED. • March 24, 1999 Hearing on a New Application for a Beer and Wine License from P. Pellegrino's, LLC, at Ca'Pellegrino's Festa Italiano,140 West Oak Street. #110.. Carolyn Curto, owner, was sworn. She described her experience with liquor sales. Ms. Curto stated she is currently open and has two employees. She stated she will not be serving wine from the deli area. She stated she will not allow liquor to be taken outside for consumption. Ms. Curto stated she has had no liquor violations and has the Liquor Code on premise for reference. Ms. Curto described the petitioning process. She stated she has approximately 315 signatures, all in support of this application. Authority member Morris made a motion, seconded by Authority member Crowfoot, to adopt Resolution 99-03 approving the application from P. Pellegrino's, LLC, for a Beer and Wine license at CaTellegrino's Festa Italiano, 140 West Oak, #110. Yeas: Cooper, Crowfoot, Davis, Morris, Minton, Oldham, and Schmitz. Nays: None. THE MOTION CARRIED. Consideration of an Application from the Eyeopeners Kiwanis Club, for a Special Events Permit at the C.S.U. Oval for the Taste of Fort Collins, and Oktoberfest in Old Town Square Approved Assistant City Attorney Greg Tempel stated a valid certificate of good standing is required to complete the application. Al Benton, representative for Eyeopeners Kiwartis Club, stated they have hired off -duty police officers and have 30 volunteers to provide security for the Taste of Fort Collins event. He stated there have been no liquor violations in the past. Mr. Benton stated that Liquor Enforcement Officer Richard Johnson will provide training for the volunteers. He stated they have addressed the problems outlined by Keith Turney, Sergeant with the Colorado State University Police Department. Mr. Benton stated the Taste of Fort Collins is predominantly a family affair. Authority member Morris made a motion, seconded by Authority member Cooper, to approve the application from the Eyeopeners Kiwanis Club for a Special Events Permit at the C.S.U. Oval for the Taste of Fort Collins on June 12, 1999, contingent upon all of the conditions from the Colorado State University's Police Department being met. Yeas: Cooper, Crowfoot, Davis, Morris, Minton, Oldham, and Schmitz. Nays: None. THE MOTION CARRIED. Mr. Benton briefly described Oktoberfest in Old Town Square. He stated there have been no liquor violations in the past. Mr. Benton stated they have hired off -duty police officers to patrol the licensed premise. He noted there will be 30-40 members from Eyeopeners that will be monitoring the crowd. • • March 24, 1999 Authority member Morris made a motion, seconded by Authority member Cooper, to approve the application from the Eyeopeners Kiwanis Club for a Special Events Permit in Old Town Square for the Oktoberfest on September 18, 1999. Yeas: Cooper, Crowfoot, Davis, Morris, Minton, Oldham, and Schmitz. Nays: None. THE MOTION CARRIED. Consideration of an Application from the Downtown Business Association, for a Special Events Permit in Old Town Square at Walnut and Linden Streets (Brewfest) Approved Connie Montgomery, event manager, described the Colorado Brewers Festival. She stated this is her fourth year as the event manager. Ms. Montgomery stated they will have 12-15 off -duty police officers and over 500 volunteers monitoring the licensed premise. She detailed how they will monitor consumption. Ms. Montgomery noted the police department has not raised any concerns. Deputy City Clerk Jensen stated there have been no liquor violations. Authority member Schmitz made a motion, seconded by Authority member Morris, to approve the application from the Downtown Business Association for a Special Events Permit in Old Town Square at Walnut and Linden Streets (Brewfest), June 26`h and June 27`h, 1999, contingent upon receipt of a Special Events Permit from the Fort Collins Police Department giving permission to use the public streets. Yeas: Cooper, Crowfoot, Davis, Morris, Minton, Oldham, and Schmitz. Nays: None. THE MOTION CARRIED. Police Report Liquor Enforcement Officer 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. SportsCaster Bar and Grill Officer Johnson stated SportsCaster has gone to extraordinary measures to prevent service to an underage individual from happening again. He stated the penalty consists of two (2) days active, to be served concurrently with ten (10) days held in abeyance from the State (from a previous violation), and sixteen (16) days to be held in abeyance for one (1) year (6 days in abeyance from the City and 10 days from the State). Authority member Oldham made a motion, seconded by Authority member Crowfoot, to adopt the findings and order accepting the stipulation agreement as presented for SportsCaster Bar and Grill, 165 East Boardwalk. Yeas: Cooper, Crowfoot, Davis, Morris, Minton, Oldham, and Schmitz. Nays: None. THE MOTION CARRIED. • March 24, 1999 Courtyard by Marriott -Harmony Road Officer Johnson stated this is the first offense by this licensee. He stated the stipulation agreement imposes two (2) days active, with six (6) days to be held in abeyance for one (1) year. Rick Smith, general manager, stated all employees have received copies of the Liquor Code. He stated the employee selling to the underage operative was suspended and then terminated. Authority member Morris made a motion, seconded by Authority member Cooper, to adopt the findings and order accepting the stipulation agreement as presented for Courtyard by Marriott - Harmony Road, 1200 Oakridge Drive. Yeas: Cooper, Crowfoot, Davis, Morris, Minton, Oldham, and Schmitz. Nays: None. THE MOTION CARRIED. Archer's Mary Pat Daviet, special prosecutor for the Fort Collins Police Department, stated she had been notified by Tom Metcalf, attorney representing the Licensee, that they have no objection to the Authority proceeding without being heard. Authority member Cooper objected to approving the stipulation agreement without the Licensee or a representative present. The Authority requested documentation as to how the fine in lieu of suspension was calculated. Authority member Cooper made a motion, seconded by Authority member Morris, to postpone this hearing to the April 28, 1999, meeting. Yeas: Cooper, Crowfoot, Davis, Morris, Minton, Oldham, and Schmitz. Nays: None. THE MOTION CARRIED. Other Business Resolution 99-04 — Imposing Additional Application Requirements Assistant City Attorney Tempel detailed why this Resolution has been brought to the Authority for consideration. Authority member Cooper made a motion, seconded by Authority member Schmitz, to adopt Resolution 99-04, Imposing Additional Application Requirements Upon License Applicants. Yeas: Cooper, Crowfoot, Davis, Morris, Minton, Oldham, and Schmitz. Nays: None. THE MOTION CARRIED. • March 24, 1999 Resolution 99-05 - Adopting Procedures for Fines in Lieu of Suspension in Certain Situations Assistant City Attorney Tempel stated this is to streamline the procedure for a liquor licensee to request a fine in lieu of suspension. He noted this does not obligate the Authority to do a fine in lieu of suspension. Authority member Crowfoot made a motion, seconded by Authority member Davis, to adopt Resolution 99-05, Adopting Procedures for Fines in Lieu of Suspension in Certain Situations. Yeas: Cooper, Crowfoot, Davis, Morris, Minton, Oldham, and Schmitz. Nays: None. THE MOTION CARRIED. Deputy City Clerk Jensen reminded the Authority of the May 12, 1999 worksession, to be held in the Council offices. Adiournment Authority member Crowfoot made a motion, seconded by Authority member Oldham, to adjourn. Yeas: Cooper, Crowfoot, Davis, Morris, Minton, Oldham, and Schmitz. Nays: None. THE MOTION CARRIED. The meeting was adjourned at 9:05 p.m.