HomeMy WebLinkAboutLiquor Licensing Authority - Minutes - 02/25/1998Council Liaison: Will Smith I Staff Liaison: Aimee Jensen
Chairperson: Frank Oldham Phone: 303-271-6800 (w) 226-5292 (h)
A regular meeting of the Liquor Licensing Authority was held on Wednesday, February 25,
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. Request from The Sandtrap. Inc.. dba MacKenzie's Pub & Grill. to Change. Alter, or
Modify the Licensed Premises.
Authority member Cooper made a motion, seconded by Authority member Schmitz, to
adopt and approve the item on the Consent Calendar. Yeas: Cooper, Davis, Haggerty,
Morris, Oldham, Schmitz, and Wawro. Nays: None.
THE MOTION CARRIED.
• February 25, 1998
Hearing on a New Application for a Retail Liquor Store
License at Horsetooth Liquors,
1015 West Horsetooth Road, Suite E101. Approved
Jack Henander and Carol Holdinsky were sworn. Authority member Cooper excused
himself from this hearing, since he is familiar with the applicants. Authority member Davis
disclosed that he knows Jack Henander, but does not believe it will affect his decision in this
matter. Mr. Henander stated he will continue to work full-time at Exabyte Corporation. He
stated the location of the proposed store is on the southeast corner of Horsetooth and Shields
and that he will be on premise four to eight hours per week. He stated they will be hiring a
manager with considerable experience in liquor sales to manage the store. Mr. Henander also
stated that this manager will be responsible for the hiring and training of employees and will
be working with the Police Department for training. He stated he has reviewed the liquor
code and plans on maintaining a copy at the store.
Ms. Holdinsky stated she has not been involved in any liquor -licensed business before. Mr.
Henander and Ms. Holdinsky testified that they have divulged their complete criminal
history. Ms. Holdinsky stated she will continue in her full-time position and will be on
premise four to eight hours per week.
Assistant City Attorney Greg Tempel stated Applicant's Exhibits A, B, and C, identified as
petitions, are admissible into evidence.
Authority member Schmitz made a motion, seconded by Authority member Haggerty, to
adopt Resolution 98-04 approving the application of HenHold, Inc., at Horsetooth Liquors,
1015 West Horsetooth Road, Suite E101, for a retail liquor store license. Yeas: Davis,
Haggerty, Morris, Oldham, Schmitz, and Wawro. Nays: None.
THE MOTION CARRIED.
At this time, Authority member Cooper rejoined the meeting.
Report of Change of Corporate Structure for
Bonin Investments, Inc., dba Riverside Liquors
315 Riverside. Received and Examined
Paul Nerger, applicant, clarified information submitted on his application. He stated he is
familiar with Colorado liquor laws. Michael Bonin, current owner, stated he was the manager
before Mr. Nerger.
Authority member Wawro made a motion, seconded by Authority member Haggerty to
receive the change of corporate structure for Bonin Investments, Inc., dba Riverside Liquors,
315 Riverside. Yeas: Cooper, Davis, Haggerty, Morris, Oldham, Schmitz, and Wawro. Nays:
None.
• February 25, 1998
Registration of Pamela Cass as Manager of
Beau Jo's Pizza, 100 North College, Approved
Pamela Cass, manager, stated she has worked as the manager for the past year and a half. She
described training she received and that Beau Jo's passed a recent compliance check by the
Fort Collins Police Department. Ms. Cass stated employees are automatically terminated if
they serve an underage individual and that she will be responsible for training employees.
Authority member Davis made a motion, seconded by Authority member Cooper, to
approve Pamela Cass as manager of Beau Jo's Pizza, 100 North College. Yeas: Cooper, Davis,
Haggerty, Morris, Oldham, Schmitz, and Wawro. Nays: None.
THE MOTION CARRIED.
Registration of Steven Douglas Wolff as Manager of
Payless Drug Store #6172, 1103 West Prospect Road, Approved
Steven Douglas Wolff, manager, stated he has been with Payless Drugstores for 12 years and
has had no liquor violations while managing the Payless Drugstore in Greeley or in Fort
Collins. He detailed his employment history and described requirements of employees when
liquor is sold. He stated a copy of the liquor code is maintained on site. Mr. Wolff stated
employees are not terminated with an initial violation. Termination occurs on the second
violation.
Authority member Haggerty made a motion, seconded by Authority member Schmitz, to
approve Steven Douglas Wolff as manager of Payless Drug Store #6172, 1103 West Prospect
Road. Yeas: Cooper, Davis, Haggerty, Morris, Oldham, Schmitz, and Wawro. Nays: None.
THE MOTION CARRIED
Registration of Daniel Huber as Manager of
Sportscaster Bar & Grill, 165 East Boardwalk Drive, Approved
Daniel Huber, manager, stated he has been the manager for seven weeks and plans to be on
premise at least forty hours a week. He stated State Liquor Enforcement found that Jennifer
Huber was not acting as the manager. Deputy City Clerk Aimee Jensen clarified that State
Liquor Enforcement also found unlawful financial interest between Sportscaster Bar & Grill,
and Fort Collins Warehouse Liquors. Mr. Huber stated they received a ten days active
suspension with twenty days held in abeyance. He stated Sportscaster, Inc., paid a fine in lieu
of serving ten days.
Authority member Cooper made a motion, seconded by Authority member Davis, to
approve Daniel Huber as manager of Sportscaster Bar & Grill, 165 East Boardwalk Drive.
Yeas: Cooper, Davis, Haggerty, Morris, Oldham, Schmitz, and Wawro. Nays: None.
THE MOTION CARRIED.
3
• • February 25, 1998
Request from Linden Blues, Inc., dba
Linden's Nightclub, 214 Linden, to
Zach Wilson, attorney representing the applicant, introduced Joe Zimlich, chief financial
officer for Linden Blues, Inc. Mr. Zimlich and Mr. Wilson described the proposed changes.
Mr. Zimlich stated the modification will include storage of liquor, bottling of beer, and
private catering facilities. He stated they do not anticipate a significant increase in sales. Mr.
Wilson approached the Authority to detail what has been previously licensed as opposed to
proposed changes.
Authority member Davis made a motion, seconded by Authority member Wawro, to approve
the modification of premises for Linden's Nightclub, 214 Linden. Yeas: Cooper, Davis,
Haggerty, Morris, Oldham, Schmitz, and Wawro. Nays: None.
THE MOTION CARRIED.
Transfer of Ownership of Masa Grill
2601 South Lemay #12, Approved
Daniel Rau, Joseph Vader, and Daniel Kerig, principles of Stump & Lump, Inc., stated they
have not had any liquor code violations at Lucky Joe's Sidewalk Saloon, and that they have
the liquor code publication at each location. Mr. Rau stated he will be managing Lucky Joe's
Island Sports and stated if an employee violated the liquor code, it would mean immediate
termination. Mr. Rau briefly reviewed his employment history.
Mr. Vader stated he will not be actively involved with Lucky Joe's Island Sports; he will
remain at Lucky Joe's Sidewalk Saloon.
Mr. Kerig stated the Lemay location will be different than the downtown location and that
they will be closing at midnight. He stated they currently have a temporary permit and hope
to open March 9, 1998.
Authority member Cooper made a motion, seconded by Authority member Davis, to
approve the transfer of ownership of Masa Grill, 2601 South Lemay, #12 from Market Grill,
Inc., to Stump & Lump, Inc., (Lucky Joe's Island Sports). Yeas: Cooper, Davis, Haggerty,
Morris, Oldham, Schmitz, and Wawro. Nays: None.
THE MOTION CARRIED.
•
• February 25, 1998
Hearing on a New Application for a Hotel -Restaurant
Liquor License at Pizza Hut, 2567 South Shields. #A-C. Approved
AND
Registration of Victoria Lynn Bertucci as Manager
of Pizza Hut, 2170 West Drake Road, Approved
Victoria Bertucci, proposed manager, came forward and was sworn. Gary Bolton, Vice -
President of Winter Enterprises, Inc., and Max Scott, Oedipus, Inc., were also sworn. Mr.
Bolton discussed training procedures and stated that employees must sign a policy
emphasizing the seriousness of violating the liquor code. He stated no one under 18 works in
any Winny Enterprises, Inc. owned Pizza Huts.
Deputy City Clerk Jensen stated she received Ms. Bertucci's manager registration application
prior to this meeting and that Ms. Bertucci is not being considered for approval as manager at
this meeting.
Authority member Haggerty made a motion, seconded by Authority member Davis, to
consider Ms. Bertucci's application as manager of Pizza Hut, 2567 South Shields, #A-C at this
meeting, subject to a satisfactory background investigation. Yeas: Davis, Haggerty, Schmitz,
Wawro. Nays: Cooper, Oldham, Morris.
THE MOTION CARRIED.
Authority member Oldham stated Ms. Bertucci will need to meet all the requirements for the
manager registration application process and attend the March 25, 1998 Liquor Licensing
Authority meeting to be considered.
Ms. Bertucci stated she has not had a traffic violation since 1978, has no liquor violations, and
has a copy of the liquor code on premise. She stated she will acquire additional training on
identifying fake identification and intoxicated individuals through Anheuser-Busch. She stated
Pizza Hut policy is that all customers are carded and that she will be on premise
approximately 55 hours a week. Ms. Bertucci will be responsible for training the employees.
Assistant City Attorney Greg Tempel stated Applicant's Exhibit B-E, identified as petitions,
and Exhibit A, identified as a summary of the survey, are admissible into evidence.
Mr. Scott described the petitioning process and indicated that the petitions represent 282
signatures (95%) in favor and 16 (5%) in opposition. He stated this is a good survey for a
hotel -restaurant license.
Authority member Haggerty made a motion, seconded by Authority member Davis, to adopt
Resolution 98-01 approving the application of Winny Enterprises, Inc., dba Pizza Hut, for a
• • February 25,1998
Hotel -Restaurant license at 2567 South Shields, #A-C. Yeas: Cooper, Davis, Haggerty,
Morris, Oldham, Schmitz, and Wawro. Nays: None.
THE MOTION CARRIED.
Authority member Haggerty made a motion, seconded by Authority member Davis, to
conditionally approve Victoria Bertucci as manager of Pizza Hut, 2567 South Shields, #A-C,
provided the background investigation is consistent with the application as submitted. Yeas:
Davis, Haggerty, Oldham, Schmitz, and Wawro. Nays: Cooper, Morris.
THE MOTION CARRIED.
Authority member Oldham clarified that Ms. Bertucci will not need to appear at the March
25, 1998 Liquor Licensing Authority meeting for further consideration unless an
inconsistancy in her criminal history is found by the Police Department.
Hearing on a New Application for a Hotel -Restaurant
Liquor License at Table Sixty -Five,
1027 West Horsetooth. Suite #111, Approved
Paul and Debra Smith, owners, were sworn. Mr. Smith stated he has received extensive on
the job training at a local liquor licensed establishment. He stated he will be using a
comprehensive, proven system to train his employees. Mr. Smith stated this restaurant is
designed to appeal to adults only; they will not have a children's menu or high chairs. He
noted alcohol will be stored in the office and in a locked refrigerator in the restaurant.
Ms. Smith briefly described her employment history and stated she will not be involved with
running the restaurant.
Mr. Smith stated he personally petitioned the neighborhood and indicated he received many
favorable comments.
Assistant City Attorney Greg Tempel stated Applicant's Exhibit A, identified as petitions, are
admissible into evidence.
Authority member Schmitz made a motion, seconded by Authority member Cooper to adopt
Resolution 98-03 approving the application of Table 65, Ltd., at Table Sixty -Five, 1027 West
Horsetooth, Suite #111, for a hotel -restaurant license. Yeas: Cooper, Davis, Haggerty, Morris,
Oldham, Schmitz, and Wawro. Nays: None.
s
February 25, 1998
Hearing on a New Application for a
Hotel -Restaurant Liquor License at
Rasta Pasta, 200 Walnut Street. Tabled
Scott Lias, owner, was sworn. Mr. Lias detailed his training in liquor sales and the training his
employees will receive. Mr. Lias stated he will have approximately eight people serving
alcohol. He stated he has had no liquor violations and will obtain a liquor code book. Ms.
Lias noted he will be moving to Fort Collins in April and plans on opening the restaurant in
May. Mr. Lias reviewed his criminal history.
Mr. Lias testified that the basement will be a secured area. The main floor is 1800 square feet
and will seat approximately 75 people.
Assistant City Attorney Tempel stated the petitions submitted by Mr. Lias were not approved
as to form. The petitions have not been signed by the circulator and notarized.
The Authority requested a five-minute recess.
Mr. Lias stated he has removed himself as manager from the Breckenridge location.
Authority member Haggerty made a motion, seconded by Authority member Davis to table
consideration of this item until the March 25, 1998 Liquor Licensing Authority meeting. Mr.
Lias is to return with signed and notarized petitions and a basement diagram depicting how
the basement area will be secured. Yeas: Cooper, Davis, Haggerty, Morris, Oldham, Schmitz,
and Wawro. Nays: None.
THE MOTION CARRIED.
No police report submitted.
Police Report
Other Business
Deputy City Clerk Jensen reported that the manager registration notice had gone out to all
the licensees, C.B. Potts, and Sullivan's.
Authority member Cooper stated he had received a complaint regarding crowded conditions
at Las 3 Margaritas. Deputy City Clerk Jensen stated she would contact the Poudre Fire
Authority and Building Inspection Department.
C'I
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46 February 25, 1998
Adjournment
Authority member Cooper made a motion, seconded by Authority member Davis, to
adjourn. Yeas: Cooper, Davis, Haggerty, Morris, Oldham, Schmitz, and Wawro. Nays:
None.
The meeting was adjourned at 8:00 p.m.
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