HomeMy WebLinkAboutLiquor Licensing Authority - Minutes - 12/02/1998i
Council Liaison: Will Smith II Staff Liaison: Aimee Jensen
Chairperson: John Davis Phone: 970-229-3576 (w) 970-223-9787 (h)
A regular meeting of the Liquor Licensing Authority was held on Wednesday, December 2,
1998, in the Council Chambers of the Fort Collins Municipal Building. The following
members were present: Cooper, Crowfoot, Davis, Minton, Morris, Oldham, and Schmitz.
Staff Members Present: Aimee Jensen, City Clerk's Office
Greg Tempel, City Attorney's Office
Sandra Gibson, 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.
2.
3.
4.
5.
Report of Change of Trade Name from Odyssey Fun Center to Diamond Billiards &
Pub 1213 West Elizabeth.
Report of Change of Trade Name from campus West Liquors to Campus West Liquor
Depot, 1107 City Park Avenue.
Report of Change of Corporate Structure for Old Chicago of Colorado Inc dba Old
Chicago, 147 South College.
Registration of Carol Holdinsky owner as Manager of Bison Liquor, 1015 West
Horsetooth, #E101.
• December 2, 1998
6. Report of Change of Corporate Structure for Steak and Ale of Colorado Inc dba
Bennigan's. 2203 South College.
7. Approval of minutes from the October 28, 1998 meeting
Authority member Davis requested that item #6 be removed from the Consent Calendar due
to a conflict of interest.
Authority member Morris made a motion, seconded by Authority member Schmitz to adopt
and approve the remaining items on the Consent Calendar. Yeas: Cooper, Crowfoot, Davis,
Minton, Morris, Oldham, and Schmitz. Nays: None.
THE MOTION CARRIED.
Report of Change of Corporate Structure for
Steak and Ale of Colorado, Inc.,
dba Bennigan's. 2203 South College Adopted
Authority member Crowfoot made a motion, seconded by Authority member Morris to
adopt the Report of Change of Corporate Structure for Steak and Ale of Colorado, Inc., dba
Bennigan's, 2203 South College. Yeas: Cooper, Crowfoot, Minton, Morris, Oldham, and
Schmitz. Nays: None. Abstain: Davis.
THE MOTION CARRIED.
Registration of Richard P. Smith, Jr., as Manager
of the Fort Collins Marriott,
350 East Horsetooth Road. Approved
Richard P. Smith, manager, stated he has worked in the hotel industry for 18 years. Mr.
Smith described the operations of the Fort Collins Marriott and the training available for
employees. He stated they have a certified T.I.P.'s trainer on premise to train new employees.
He stated he has a copy of the liquor code and is in the process of reviewing it. Mr. Smith
stated if an employee served a minor they would probably be terminated. He stated he will be
T.I.P.'s certified and that he is on premise 55-60 hours per week.
Authority member Cooper made a motion, seconded by Authority member Morris to
approve Richard P. Smith as manager of the Fort Collins Marriott, 350 East Horsetooth
Road. Yeas: Cooper, Crowfoot, Davis, Minton, Morris, Oldham, and Schmitz. Nays: None.
THE MOTION CARRIED.
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• December 2, 1998
Registration of Daniel Lee Timm as
Manager of Sports Station, 200 Jefferson Approved
Daniel Lee Timm, manager, stated he has been in the restaurant business for six years. He
noted he has received training, but not T.I.P.'s training. Mr. Timm stated Sports Station does
train their employees in liquor service. He stated an employee serving a minor would be
terminated immediately.
Authority member Crowfoot made a motion, seconded by Authority member Schmitz to
approve Daniel Lee Timm as manager of Sports Station, 200 Jefferson. Yeas: Cooper,
Crowfoot, Davis, Minton, Morris, Oldham, and Schmitz. Nays: None.
THE MOTION CARRIED.
Registration of Timothy C. Muckerheide as
Manager of Sportscaster Bar and Grill,
165 East Boardwalk, Approved
Timothy Muckerheide, manager, stated he has been with the Sportscaster Bar and Grill since
1996, as kitchen manager. Mr. Muckerheide stated he has not had a liquor violation and that
they will not change the family style atmosphere of the restaurant.
Authority member Schmitz made a motion, seconded by Authority member Oldham to
approve Timothy C. Muckerheide as manager of Sportscaster Bar and Grill, 165 East
Boardwalk. Yeas: Cooper, Crowfoot, Davis, Minton, Morris, Oldham, and Schmitz. Nays:
None.
THE MOTION CARRIED.
Request from Hibachi Japanese Steak House
of Fort Collins, LLC, dba Hibachi Japanese
Steak House, 1051 West Horsetooth,
to Change, Alter, or Modify the Licensed Premise, Ap roved
Hein Trieu, manager, stated they will be adding approximately 1500 square feet for a total of
6000 square feet. Mr. Trieu detailed the proposed changes. He stated they will hire an
additional 8-10 people. He stated the patio wall will be 3-4 feet tall wrought iron. Mr. Trieu
noted the liquor will be in a locked storage area in the kitchen.
Authority member Cooper made a motion, seconded by Authority member Morris , to
approve the modification of premise for Hibachi Japanese Steak House, 1051 West
Horsetooth. Yeas: Cooper, Crowfoot, Davis, Minton, Morris, Oldham, and Schmitz. Nays:
None.
THE MOTION CARRIED.
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• December 2, 1998
Hearing on a New Application for a Beer and Wine
license at South China Restaurant, 4613 South Mason Approve
Munyee Lee and Ming Lee, applicants, were sworn. Ming Lee stated he has been in the
restaurant business for fifteen years, that he has read the liquor code, and that he has not had a
liquor violation. He described the training he received. The Authority recommended that
Ming Lee receive T.I.P.'s training.
Munyee Lee stated she supervised employees while employed at Young's Cafe. She stated an
employee found serving a minor would be terminated. Ms. Lee stated she circulated the
petition and verified for Assistant City Attorney Greg Tempel that the boundaries were set by
the City Clerk's office September 21, 1998. She stated she received no negative comments
against issuance of this liquor license.
Assistant City Attorney Greg Tempel stated the Applicant's exhibit A, identified as petition
documents, is admissible into evidence.
Authority member Morris made a motion, seconded by Authority member Crowfoot, to
adopt Resolution 98-11 approving the application of South China Restaurant II, LLC, for a
beer and wine license at South China Restaurant, 4613 South Mason. Yeas: Cooper,
Crowfoot, Davis, Minton, Morris, Oldham, and Schmitz. Nays: None.
THE MOTION CARRIED.
Hearing on a New Application of a hotel -restaurant
liquor license at Surfside Seven Cafe,
150 North College, Approved
AND
Registration of Richard Paradis as Manager of
Surfside Seven Cafe, 150 North College Approved
Art March, attorney representing Casco ITC, Inc., (applicant), gave an overview of the
application.
Richard Paradis, manager, Daniel and John Trujillo, owners, were sworn.
Dan Trujillo stated he will be a 'hands -off' investor and testified to John Trujillo's integrity.
In response to a question from the Authority, Richard Paradis clarified his criminal history.
He stated he has completed all mandatory counseling. Mr. Paradis stated he has been in the
bar business since 1987 and has had no liquor violations. He noted he will require all
employees to be T.I.P.'s trained. Mr. Paradis stated they will still serve breakfast, and add
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• • December 2, 1998
lunch and dinner. He described the establishment. He noted he has a copy of the liquor code
and will encourage employees to become familiar with it. Mr. Paradis stated he plans on
being on premise 50-60 hours per week and that employees selling to a minor will be
terminated.
John Trujillo stated he will be eligible for a drivers license in three weeks. He noted the Park
County ticket has been paid. Mr. Trujillo stated he will be the kitchen manager and Mr.
Paradis will be the general manager. He stated the emphasis of business is food sales, not
alcohol. Mr. Trujillo testified that he and Mr. Paradis circulated the petitions. He noted three
people refused to sign the petition and that they approached every business in the downtown
area. He described the petitioning process.
Assistant City Attorney Tempel stated the Applicant's Exhibit A, identified as petition
documents, is admissible into evidence.
Mr. March stated the applicant has character witnesses to testify on their behalf.
Greg Dahl, 604 Parker, testified on behalf of Richard Paradis and John Trujillo.
Authority member Schmitz made a motion, seconded by Authority member Morris, to adopt
Resolution 98-13 approving the application of Casco ITC, Inc., for a hotel -restaurant liquor
license at Surfside Seven Cafe, 150 North College. Yeas: Cooper, Crowfoot, Davis, Minton,
Morris, Oldham, and Schmitz. Nays: None.
THE MOTION CARRIED.
Authority member Schmitz made a motion, seconded by Authority member Morris, to
approve Richard Paradis as manager of Surfside Seven Cafe, 150 North College. Yeas:
Crowfoot, Davis, Minton, Morris, and Schmitz. Nays: Cooper and Oldham.
THE MOTION CARRIED.
Hearing on a New Application for a hotel -restaurant
liquor license at Teriyaki Wok II,
829 South Shields, Approved
Chin Chung, representative for applicant, and Jong Hwa Shin, applicant, were sworn.
Mr. Chung stated liquor will be served on the second floor. He stated wait staff will supervise
the second floor. Mr. Chung noted they will hire an additional three employees. He
described the patio area and that it can be seen from inside the restaurant.
In response to a question from the Authority, Mr. Chung clarified Mr. Shin's criminal
history.
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• December 2, 1998
Authority member Cooper expressed concern for Mr. Shin's difficulties with English.
Assistant City Attorney Greg Tempel stated the Applicant's Exhibit A, identified as petition
documents, is admissible into evidence.
Mr. Chung described the petitioning process and indicated Mr. Shin received many favorable
responses in favor of issuance of the liquor license.
Authority member Schmitz made a motion, seconded by Authority member Morris, to adopt
Resolution 98-14 approving the application of SJH Restaurant, Inc., for a hotel -restaurant
liquor license, at Teriyaki Wok II, 829 South Shields. Yeas: Cooper, Crowfoot, Davis,
Minton, Morris, Oldham, and Schmitz. Nays: None.
THE MOTION CARRIED.
(Secretary's note: Authority member Crowfoot left meeting)
Hearing on a New Application for a beer and wine
license at Buddha's Burritos, 2531 South Shields, Unit #2M Approved
Richard Most, applicant, described the business. He stated he expects liquor sales to be 3% of
total sales. Mr. Most stated he is planning to become T.I.P.'s certified. He stated he will
terminate any employee violating the liquor code. He noted the seating capacity will be
approximately 40. He stated his application is complete.
Assistant City Attorney Greg Tempel stated the Applicant's Exhibit A, identified as petition
documents, are admissible into evidence.
Bret Mansur, representative for Liquor Petitioning Professionals, was sworn. Mr. Mansur
distributed summaries to the Authority. He described the petitioning process. He indicated a
few people expressed concern regarding this liquor license's proximity to Rocky Mountain
High School, but overall the results fell in the high end of acceptance. Mr. Mansur stated the
petitions represent 228 (89.760/6) in favor and 26 (10.24%) in opposition.
Authority member Minton made a motion, seconded by Authority member Cooper, to adopt
Resolution 98-15 approving the application of Mostey, Inc., for a beer and wine license at
Buddha's Burritos, 2531 South Shields Street, Unit #2M. Yeas: Cooper, Crowfoot, Davis,
Minton, Morris, Oldham, and Schmitz. Nays: None.
THE MOTION CARRIED.
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• December 2, 1998
Hearing on a New Application for
a hotel -restaurant liquor license at
Azteca Mexican Restaurant of Wyoming, Inc.,
103 West Harvard. Approved
AND
Registration of Marilu Gonzalez as Manager
of Azteca Mexican Restaurant of Wyoming, Inc.,
103 West Harvard. Approved
Sonny Miller, representative for the applicant, was sworn. Mr. Miller stated this is a family
owned business. He stated the patio will be added later and will be enclosed by a four foot
high wrought iron fence.
Marilu Gonzalez, manager, was sworn. She stated all employees will receive training. Ms.
Gonzalez stated they have had no liquor violations. She noted the seating capacity is
approximately 100. She stated she will review the liquor code.
Assistant City Attorney Greg Tempel stated the Applicant's Exhibit A, identified as petitions,
is admissible into evidence.
Bret Mansur, representative for Liquor Petitioning Professionals, was sworn. Mr. Mansur
described the petitioning process and indicated the petitions represent 207 (88.46%) signatures
in favor and 27 (11.54%) signatures in opposition.
Authority member Morris made a motion, seconded by Authority member Minton, to adopt
Resolution 98-16, approving the application of Azteca Mexican Restaurant of Wyoming, Inc.,
for a hotel -restaurant liquor license at Azteca Mexican Restaurant of Wyoming, Inc., 103 West
Harvard. Yeas: Cooper, Crowfoot, Davis, Minton, Morris, Oldham, and Schmitz. Nays:
None.
THE MOTION CARRIED.
Authority member Morris made a motion, seconded by Authority member Minton, to
approve Marilu Gonzalez as manager of Azteca Mexican Restaurant of Wyoming, Inc., 103
West Harvard. Yeas: Cooper, Crowfoot, Davis, Minton, Morris, Oldham, and Schmitz.
Nays: None.
THE MOTION CARRIED.
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• 0 December 2, 1998
Authority member Oldham made a motion, seconded by Authority member Schmitz, to find
that probable cause exists to schedule a show cause hearing on January 27, 1999 for Riverside
Liquors, 315 Riverside, for alleged violations of Section 12-47-901(1)(a), Colorado Revised
Statutes and to instruct Deputy City Clerk Jensen to issue necessary subpoenas. Yeas:
Cooper, Crowfoot, Davis, Minton, Morris, Oldham, and Schmitz. Nays: None.
THE MOTION CARRIED.
Harmony Liquors
Special Enforcement Officer Johnson briefed the Authority on alleged violations at Harmony
Liquors, 115 East Harmony Road, #100. He requested the Authority schedule a show cause
hearing for January 27, 1999.
Authority member Oldham made a motion, seconded by Authority member Morris, to find
that probable cause exists to schedule a show cause hearing on January 27, 1999 for Harmony
Liquor, 115 East Harmony Road, #100, for alleged violations of Section 12-47-901(1)(a),
Colorado Revised Statutes and to instruct Deputy City Clerk Jensen to issue necessary
subpoenas. Yeas: Cooper, Crowfoot, Davis, Minton, Morris, Oldham, and Schmitz. Nays:
None.
THE MOTION CARRIED.
Other Business
Listed below are proposed meeting dates for 1999. All dates are on the fourth Wednesday of
the month, except for November and December. A combined November/December meeting
is proposed for the first Wednesday in December.
January 27
July 28
February 24
August 25
March 24
September 22
April 28
October 27
May 26
No November meeting
June 23
December 1 (first Wednesday)
Authority member Cooper made a motion, seconded by Authority member Schmitz, to
adopt the 1999 meeting schedule. Yeas: Cooper, Crowfoot, Davis, Minton, Morris, Oldham,
and Schmitz. Nays: None.
THE MOTION CARRIED.
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• December 2, 1998
Hearing on a New Application for a beer and wine
license at Saigon Grill, 755 South Lemay Avenue, D3 Approved
Phat Thu Ly, applicant, was sworn. He stated he worked at Young's Cafe and that he had no
liquor violations. He noted he was responsible for training employees. Mr. Ly stated he has a
copy of the liquor code and has read it. He described the establishment. He stated his
application is complete.
Assistant City Attorney Greg Tempel stated Applicant's exhibit A, identified as petitions, is
admissible into evidence.
Mr. Ly stated he circulated the petition and that all the businesses within the shopping center
were in support of issuance of this liquor license. He indicated only a few people verbalized
opposition of this application.
Authority member Oldham made a motion, seconded by Authority member Schmitz, to
adopt Resolution 98-17, approving the application of Saigon Grill, Inc., for a beer and wine
license at Saigon Grill, 755 South Lemay. Yeas: Cooper, Crowfoot, Davis, Minton, Morris,
Oldham, and Schmitz. Nays: None.
THE MOTION CARRIED.
Request from Stump and Lump, Inc., dba
Lucky Joe's Island Sports, 2601 South Lemay Avenue, #12,
to Change, Alter, or Modify the Licensed Premises Approved
Daniel Kerig and Joseph Vader, owners, described the proposed modifications. Mr. Kerig
stated seating capacity will increase by approximately 35-40 seats and that they will not be
hiring additional staff.
Authority member Schmitz made a motion, seconded by Authority member Morris, to
approve the modification of premise for Lucky Joe's Island Sports, 2601 South Lemay
Avenue, #12. Yeas: Cooper, Crowfoot, Davis, Minton, Morris, Oldham, and Schmitz. Nays:
None.
THE MOTION CARRIED.
Police Report
Riverside Liquors
Special Enforcement Officer Johnson briefed the Authority on alleged violations at Riverside
Liquors, 315 Riverside. He requested the Authority schedule a show cause hearing for
January 27, 1999.
• 0 December 2, 1998
Adjournment
Authority member Cooper made a motion, seconded by Authority member Oldham to
adjourn. Yeas: Cooper, Crowfoot, Davis, Minton, Morris, Oldham, and Schmitz. Nays:
None.
THE MOTION CARRIED.
The meeting was adjourned at 8:45 p.m.
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