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HomeMy WebLinkAboutLiquor Licensing Authority - Minutes - 07/22/1998Council Liaison: Will Smith Chairperson: John Davis Staff Liaison: Aimee Jensen (h) 223-9787 (w) 229-3576 A regular meeting of the Liquor Licensing Authority was held on Wednesday, July 22, 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. 1. Report of Change of Corporate Structure for Longs Drug Stores California. Inc., dba Longs Drug Store, 743 South Lemay. Authority member Morris made a motion, seconded by Authority member Schmitz, to adopt and approve the item on the Consent Calendar. Yeas: Cooper, Crowfoot, Davis, Minton, Morris, Oldham, and Schmitz. Nays: None. THE MOTION CARRIED. Registration of Brian Roy Ashley as Manager of Convenience Plus, 1023 West Mountain, Approved Brian Roy Ashley, manager, stated his application is complete. In response to the Authority's questions, Mr. Ashley detailed the criminal history on his individual history record. He • • July 22, 1998 stated he has had 5 years experience selling liquor with no liquor violations. Mr. Ashley stated a copy of the liquor code is on premise. He stated he will be training new employees. Authority member Cooper made a motion, seconded by Authority member Crowfoot, to approve Brian Roy Ashley as manager of Convenience Plus, 1023 West Mountain. Yeas: Cooper, Crowfoot, Davis, Minton, Morris, Oldham, and Schmitz. Nays: None. THE MOTION CARRIED. Registration of Brian Anthony Houseman as Manager of bw-3 Sports Cafe and Pub, 1240 West Elizabeth, Approved Brian Houseman, manager, stated his application is complete. He reviewed his employment history, leading up to his current position. Mr. Houseman stated he has a liquor code on premise and is familiar with using it. Authority member Crowfoot made a motion, seconded by Authority member Oldham, to approve Brian Anthony Houseman as manager of bw-3 Sports Cafe and Pub, 1240 West Elizabeth. Yeas: Cooper, Crowfoot, Davis, Minton, Morris, Oldham, and Schmitz. Nays: None. THE MOTION CARRIED. Registration of James Joseph Scheu, Jr., as Manager of the Colorado Grill, 1624 South Lemay, #1, Approved James Joseph Scheu, Jr., manager, stated his application is complete. Mr. Scheu detailed his employment history. He stated he recently became T.I.P.'s certified. In response to the Authority's questions, Mr. Scheu detailed the criminal history on his individual history record. He stated he has had no liquor violations and that employees caught serving a minor are immediately terminated. Authority member Oldham made a motion, seconded by Authority member Cooper, to approve James Joseph Scheu, Jr., as manager of the Colorado Grill, 1624 South Lemay, #1. Yeas: Cooper, Crowfoot, Davis, Minton, Morris, Oldham, and Schmitz. Nays: None. THE MOTION CARRIED. Registration of William Devero Beyhan as Manager of Bison Liquor, 1015 West Horsetooth, #E101, Approved William Devero Beyhan, manager, stated his application is complete. He described training he received while employed at Pringles. Mr. Beyhan stated he has had no liquor violations and has a liquor code on premise. He stated he will be training all new employees. He noted the store has been open only 8 weeks. 2 • July 22, 1998 Authority member Schmitz made a motion, seconded by Authority member Crowfoot, to approve William Devero Beyhan as manager of Bison Liquor, 1015 West Horsetooth, #E101. Yeas: Cooper, Crowfoot, Davis, Minton, Morris, Oldham, and Schmitz. Nays: None. THE MOTION CARRIED. Request from Front Range Restaurant Concepts, Inc., dba Sullivan's Tavern, 820 City Park, to Change, Alter, or Modify the Licensed Premises, Approved Dave Collier, manager, briefly reviewed the proposed modifications. He stated they will have two servers monitoring the patio area. Mr. Collier stated he has had no liquor violations and that he has received all the necessary permits from the City. Authority member Crowfoot made a motion, seconded by Authority member Cooper, to approve the modification of premise for Sullivan's Tavern, 820 City Park. Yeas: Cooper, Crowfoot, Davis, Minton, Morris, Oldham, and Schmitz. Nays: None. THE MOTION CARRIED. Request from Fort Collins Warehouse Liquors, Inc., dba Fort Collins Warehouse Liquors, 4700 Boardwalk Drive, to Change, Alter, or Modify the Licensed Premises. Approved Monte Huber, owner, briefly described the proposed modification. In response to questions from the Authority, he stated there is an emergency exit in addition to the main entrance. Mr. Huber stated no customers will be allowed on the mezzanine level. He stated his next step is to pursue building permits after receiving approval from the Authority. Authority member Cooper made a motion, seconded by Authority member Oldham, to approve the modification of premise for Fort Collins Warehouse Liquors, 4700 Boardwalk Drive. Yeas: Cooper, Crowfoot, Davis, Minton, Morris, Oldham, and Schmitz. Nays: None. THE MOTION CARRIED. Consideration of an Application from the Poudre Landmarks Foundation for a Special Events Permit at 420 West Mountain Approved Leslie Vogt, event manager, stated this event raises funds for maintaining the Avery House. Ms. Vogt stated they expect approximately 150 guests between 4:00 p.m. and 7:00 p.m. on September 10, 1998. In response to questions from the Authority, she stated the Carriage house will not be part of the tour. Ms. Vogt noted there is a six-foot high wrought iron fence and liquor will not be consumed inside of the house. Ms. Vogt stated they will be checking identification at the gate. P • • July 22, 1998 Authority member Oldham made a motion, seconded by Authority member Morris, to approve the application from the Poudre Landmarks Foundation for a Special Events Permit at 420 West Mountain Avenue on September 10, 1998. Yeas: Cooper, Crowfoot, Davis, Minton, Morris, Oldham, and Schmitz. Nays: None. THE MOTION CARRIED. Show Cause Hearing for Fraternal Order of Eagles Aerie #4021, 302 North Meldrum, License Revoked Mary Pat Daviet, attorney representing the Fort Collins Police Department, stated that the Authority found probable cause at the June 24, 1998 meeting to conduct a show -cause hearing. She stated it is alleged: (1) That the licensee, in May and June, 1998, its officers, directors, or agents submitted information to the licensing authority, by application or otherwise, that was not given fully, faithfully, truthfully and fairly, to wit: Arnulfo Cardona, Julian Flores, Jr., Lawrence Fresques, Victor Lozano Sr., Nick Luis Pena, and Susano Zamora, in violation of Regulation 47-310D, of the Colorado Liquor Code. (2) That the Licensee's club liquor license was issued to and is held by a corporation, any of whose officers, directors, or stockholders holding ten percent or more of the outstanding and issued capital stock thereof are not of good moral character, to wit: Arnulfo Cardona, Julian Flores, Jr., Lawrence Fresques, Victor Lozano Sr., Nick Luis Pena, and Susano Zamora, in violation of Section 12-47- 307(1)(a)(II1) of the Colorado Revised Statutes. (3) That on or about June, 1998, the Licensee failed to maintain its establishment in clean and sanitary condition and in full compliance with the requirements of food service establishments under the supervision of the State Board of Health in violation of Regulation 47-902 of the Colorado Liquor Code. Ms. Daviet stated she is ready to proceed. Assistant City Attorney Greg Tempel noted the licensee was not present at this time. Authority member Cooper stated he believes proper notification has been made and the hearing should proceed. Ms. Daviet called Joseph J. Comello, Larimer County Environmental Health Sanitation Technician, to testify. Mr. Comello was sworn. He stated he was contacted by Mr. Fresques to perform a health inspection at the Fraternal Order of Eagles, Aerie #4021, 302 North Meldrum Street. Mr. 4 • • July 22, 1998 Comello stated the Eagles did not hold a food service license and were doing full food preparation without the appropriate equipment and plumbing. He noted the inspection was done June 15, 1998. He stated he ordered them to cease and desist until the establishment is brought up to Code. Mr. Comello testified that their initial plan to bring the Eagles Club to code was not approved and efforts to comply have fallen short. Ms. Daviet entered into evidence Exhibit 1, Larimer County Department of Health and Environment, Division of Environmental Health Official Notice, completed by Mr. Joseph J. Comello and signed by Lawrence Fresques. Ms. Daviet called Sandra Gibson, Fraud Investigator, to testify. Ms. Gibson was sworn. Ms. Gibson testified to the validity of the memorandum detailing undisclosed criminal history from the officers and directors of the Eagles Club. Ms. Daviet entered into evidence Exhibit 2, a memorandum from Sandra Gibson, dated June 8, 1998 to Frank Oldham, Chairman, Liquor Licensing Authority and Members of the Local Liquor/Massage Licensing Authority. Ms. Daviet entered into evidence Exhibits 3A through 6, criminal history reports supporting the memorandum from Sandra Gibson, dated June 8, 1998. Ms. Daviet requested the Authority take judicial notice of the City Clerk's file on the Eagles Club. Ms. Daviet summarized the prosecutions case and requested the Authority find the Fraternal Order of Eagles, Aerie #4021 in violation of Regulations 47-310D and 47-902 of the Colorado Liquor Code, and Section 12-47-307; of the Colorado Revised Statutes and to revoke their Club liquor license. Assistant City Attorney Tempel noted the licensee was not present. Authority member Cooper made a motion, seconded by Authority member Crowfoot, to find that the Fraternal Order of Eagles, Aerie #4021 in violation of Regulations 47-310D and 47-902 of the Colorado Liquor Code, and Section 12-47-307; of the Colorado Revised Statutes, in May and June, 1998, with a preponderance of the evidence outlining the allegations. Yeas: Cooper, Crowfoot, Davis, Minton, Morris, Oldham, and Schmitz. Nays: None. THE MOTION CARRIED. Authority member Cooper made a motion, seconded by Authority member Oldham, to revoke the Club liquor license of the Fraternal Order of Eagles Aerie #4021, at 302 North Meldrum, effective immediately. Yeas: Cooper, Crowfoot, Davis, Minton, Morris, Oldham, and Schmitz. Nays: None. 5 • 0 July 22, 1998 THE MOTION CARRIED. Other Business Authority member Oldham made a motion, seconded by Authority member Morris to elect Authority member Davis as Chairperson. Yeas: Cooper, Crowfoot, Davis, Minton, Morris, Oldham, and Schmitz. Nays: None. THE MOTION CARRIED. Authority member Cooper made a motion, seconded by Authority member Oldham to elect Authority member Crowfoot as Vice -Chairperson. Yeas: Cooper, Crowfoot, Davis, Minton, Morris, Oldham, and Schmitz. Nays: None. THE MOTION CARRIED. 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 adjourned at 8:00 p.m. 51