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HomeMy WebLinkAboutLiquor Licensing Authority - Minutes - 06/24/19980 A regular meeting of the Liquor Licensing Authority was held on Wednesday, June 24, 1998, in the Council Chambers of the Fort Collins Municipal Building. The following members were present: Cooper, Davis, Haggerty, Morris, Oldham, Schmitz, and Wawro. 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 Soho Bowl. Inc., dba Tokyo Bowl & Grill, 3640 South Mason Street. 2. Report of Change of Corporate Structure for Cottonwood Liquors Inc dba Cottonwood Liquors, 3640 South College. 3. Report of Change of Trade Name from Horsetooth Liquors to Bison Liquor, 1015 West Horsetooth Road, #E101. Authority member Cooper made a motion, seconded by Authority member Haggerty, to adopt and approve the items on the Consent Calendar. Yeas: Cooper, Davis, Haggerty, Morris, Oldham, Schmitz, and Wawro. Nays: None. THE MOTION CARRIED. 0 0 June 24, 1998 Show Cause Hearing for Tangz, 1220-C West Elizabeth, Stipulation Agreement Denied Special Prosecutor Mary Pat Daviet, representing the Fort Collins Police Department, stated the licensee, MCP, Inc., and the Police Department have worked out a stipulation agreement. Ms Daviet outlined the main provisions of the agreement as follows: (1) the Licensee agrees to a suspension of forty-five (45) days, of which fifteen (15) days are to be served between Labor Day and Christmas of 1998. Prior to September 1, 1998, the Licensee shall arrange with Fort Collins Police Services, a designation of the specific dates for which active suspension will be served; (2) the thirty (30) days from the June 24, 1998 show cause hearing shall be served concurrently with the fifteen (15) days described previously; (3) thirty (30) days of the suspension in the current action is to be held in abeyance for a period of one (1) year from the date of approval of this stipulation by the Authority. Special Enforcement Officer Rich Johnson testified on the details of the alleged violations. In response to Authority member Haggerty's question, Officer Johnson stated this stipulation agreement does not provide punishment for the current alleged violations. Authority member Haggerty made a motion, seconded by Authority member Morris, to deny the stipulation agreement and to re -schedule the show cause hearing for Tangz, 1220-C West Elizabeth, for September 23, 1998. Yeas: Cooper, Haggerty, Oldham, Morris, Schmitz, and Wawro. Nays: Davis. THE MOTION CARRIED. Zach Wilson, attorney representing MCP, Inc., requested the Authority outline the key elements why this stipulation agreement was not acceptable. Authority member Haggerty expressed concern regarding the Licensee being allowed to serve suspended days concurrently. Request from Bisetti's Italian Restaurant, Inc., dba Bisetti's Italian Restaurant, 120 South College, to Change, Alter, or Modify the Licensed Premises Approved Heather and Robert Bisetti, owners, described the proposed modifications. Ms. Bisetti stated this encroachment has been approved by the City Engineering Department. She stated the patio will be similar to the Crown Pub patio area. Mr. Bisetti stated the patio will be open only when weather permits. Authority member Haggerty made a motion, seconded by Authority member Davis, to approve the modification of premise for Bisetti's Italian Restaurant, 120 South College. Yeas: Cooper, Davis, Haggerty, Oldham, Schmitz, and Wawro. Nays: None. THE MOTION CARRIED. 2 • • June 24, 1998 Consideration of an Application from OneWest Contemporary Art Center for a Special Event Permit at Oak Street Plaza, Approved Jane Nevrivy, event manager, stated Old Chicago will be catering the event and they will have all liquor off the premise by 10:00 p.m. Ms. Nevrivy stated that security will circulate throughout the licensed premise. She described the barrier to be used separating the licensed premise from the unlicensed premise. Ms. Nevrivy stated they have never had any problems with these events and that liquor will remain outside. Authority member Cooper made a motion, seconded by Authority member Schmitz, to approve the application from OneWest Contemporary Art Center for a Special Events Permit at Oak Street Plaza - area north of OneWest Contemporary Art Center on July 24, 1998. Yeas: Cooper, Davis, Haggerty, Morris, Oldham, Schmitz, and Wawro. Nays: None. THE MOTION CARRIED. Consideration of an Application from the Downtown Business Association for Special Event Permit at Library Park, 200 Mathews (NewWest Fest), Approved Connie Montgomery, event coordinator, stated they have enlarged the beer garden area from last year and that there will be two entrances to the beer garden. She stated the Overland Sertoma Club will be running the beer garden and has had no liquor violations at past events. Ms. Montgomery stated she has hired security (in excess of 30 people) and that NewWest Fest will be patrolled by police. Authority member Cooper made a motion, seconded by Authority member Schmitz, to approve the application from the Downtown Business Association for a Special Event Permit for NewWest Fest on August 15 and August 16, 1998 at 200 Mathews (Library Park). Yeas: Cooper, Davis, Haggerty, Morris, Oldham, Schmitz, and Wawro. Nays: None. THE MOTION CARRIED. Hearing on a New Application for a Tavern Liquor License at Odyssey Fun Center, 1213 West Elizabeth Approved Assistant City Attorney Greg Tempel stated the application has been approved as to form. Dan Holcomb, president, was sworn. Mr. Holcomb stated Odyssey Fun Center is 90% billiards and 10% arcades. He also stated he has been in business for 20 years and has had no experience selling liquor. Mr. Holcomb noted he has read the Colorado Liquor and Beer Code, has met with Special Enforcement Officer Johnson, and is planning to be T.I.P.'s • • June 24, 1998 trained. He stated he understands the importance of properly checking identification of patrons. Assistant City Attorney Tempel stated Applicant's Exhibits A-E, identified as petitions, are admissible into evidence. Mr. Holcomb described the petitioning process, stating businesses within the neighborhood boundaries were 100% supportive of this liquor license. Authority member Schmitz made a motion, seconded by Authority member Haggerty, to adopt Resolution 98-08 approving the application of DJH, Inc., for a tavern liquor license at Odyssey Fun Center, 1213 West Elizabeth. Yeas: Cooper, Davis, Haggerty, Morris, Oldham, Schmitz, and Wawro. Nays: None. THE MOTION CARRIED. Show Cause Hearing for Elliot's Martini Bar 234 Linden, No Violation Found Ron Leonhard, president, and Tobin Hendricks, witness, approached the podium and introduced themselves. Mary Pat Daviet, attorney representing the Fort Collins Police Department, stated that the Authority found probable cause at the May 27, 1998 meeting to conduct a show -cause hearing. She stated it is alleged that on April 25, 1998, at approximately 5:30 p.m., the licensee, its employee or agent, sold, served, gave away, disposed of, exchanged, or delivered, or permitted the sale, serving, giving or procuring of any alcohol beverage to a visibly intoxicated person, to wit: Scott F. Markant, in violation of Section 12-47-901(1)(a), Colorado Revised Statutes. Ms. Daviet called David J. Ziemer, State Liquor Enforcement Investigator to testify. Investigator Ziemer was sworn. He described his employment and duties as an investigator. Mr. Ziemer stated he works with local police regularly in campus towns and was previously contacted to monitor the bar crawl scheduled for April 25, 1998. He testified that his involvement was to work in an undercover capacity. Mr. Ziemer detailed the events leading up to and including the alleged violation at Elliot's. He stated he consumed one beer over one hour and that it did not affect his ability to judge events occurring around him. Mr. Ziemer testified that he saw a white male approach the bar, detailing his appearance as unkempt, with blood on his shirt, and cuts on his hands. In response to a question from the Authority, Mr. Ziemer testified that he was able to view the suspect approach the bar and consummate the transaction unhindered. Mr. Ziemer also testified that the suspect's speech was slurred, he was loud while ordering his beer, he had difficulty counting his money, and he was leaning against the bar. He stated that the suspect readily showed signs of intoxication. 4 • • June 24, 1998 Mr. Leonhard cross-examined Mr. Ziemer. Mr. Ziemer stated he had a total of three beers over the afternoon and that he did not ask Tobin Hendricks a direct question. In response to a question from the Authority, Mr. Ziemer stated no music was playing. Testimony continued regarding Mr. Ziemer's observations. Special Enforcement Officer Richard Johnson was called to testify and was sworn. Officer Johnson stated he has been a police officer for eleven years and has been with the Special Enforcement Unit for 6 months. He stated he has had field sobriety training and described his experience with intoxicated individuals. Officer Johnson stated Investigator Ziemer was not intoxicated and that he concurs with his testimony. Testimony continued regarding the Officer Johnson's observations leading up to and including Tobin Hendrix serving Scott F. Markant. Mr. Leonhard cross-examined Officer Johnson. Ms. Daviet stated the City has no more witnesses to call and reserves the right to call previous witnesses. Mr. Leonhard called Tobin Hendricks to testify. Mr. Hendricks was sworn. He described in detail the events leading up to the alleged violation. Mr. Hendricks stated it was his understanding that Elliot's had been removed as a participant in the bar crawl. He stated he did not recognize slurred speech, or notice Mr. Markant swaying, or leaning on the bar. He stated he has worked in the liquor business for eleven years and has not had a liquor violation. Ms. Daviet cross-examined the witness. Mr. Hendricks stated he did not have an uninterrupted conversation with Mr. Markant. Testimony continued regarding Mr. Markant and his behavior in Elliot's. Mr. Leonhard was sworn. He stated they have scheduled training with Officer Johnson. Mr. Leonhard also stated he thought he had informed the organizers of the bar crawl to not include his establishment. He stated he was not prepared with enough staff to handle the group of people involved in the bar crawl. Ms. Daviet cross-examined Mr. Leonhard. He stated he was not at the bar during this incident. Ms. Daviet summarized testimony of witnesses for the prosecution and defense. 5 C� 0 June 24, 1998 Authority member Cooper made a motion, seconded by Authority member Wawro, to find that Elliot's Martini Bar did violate Section 12-47-901(1)(a), C.R.S. (sale to a visibly intoxicated person) on April 25, 1998, at approximately 5:30 p.m. Yeas: Cooper, Oldham, and Wawro. Nays: Davis, Haggerty, Morris, and Schmitz. THE MOTION FAILED. Police Report Special Enforcement Officer Rich Johnson briefed the Authority on an alleged violation at the Fraternal Order of Eagles Aerie #4021, 302 North Meldrum, in May and June, 1998. He requested the Authority schedule a show cause hearing for July 22, 1998. Authority member Haggerty made a motion, seconded by Authority member Morris, to find that probable cause exists to schedule a show cause hearing on July 22, 1998 for the Fraternal Order of Eagles Aerie #4021, 302 North Meldrum, for an alleged violation of; Section 12-47- 307; Colorado Revised Statutes and Regulations 47-310D and 47-902 of the Colorado Liquor code, and to instruct the Deputy City Clerk to issue necessary subpoenas. Yeas: Cooper, Davis, Haggerty, Morris, Oldham, Schmitz, and Wawro. Nays: None. THE MOTION CARRIED. Other Business Deputy City Clerk Jensen polled the Authority for attendance at the joint meeting of the Greeley, Loveland and Fort Collins Liquor Licensing Authorities, scheduled for July 29, 1998. Authority member Morris requested Deputy City Clerk Jensen draft a letter commending Special Enforcement Officer Tim Rothschild. Chairperson Oldham thanked Authority members Haggerty and Wawro for their service on the Authority. Adjournment Authority member Wawro made a motion, seconded by Authority member Haggerty, to adjourn. Yeas: Cooper, Davis, Haggerty, Morris, Oldham, Schmitz, and Wawro. Nays: None. THE MOTION CARRIED. The meeting adjourned at 10:00 p.m. 3