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HomeMy WebLinkAboutLiquor Licensing Authority - Minutes - 08/24/1994A regular meeting of the Liquor Licensing Authority was held on Wednesday, August 24, 1994, in the Council Chambers of the Fort Collins Municipal Building. The following members were present: Crowfoot, Haggerty, Norton, Poncelow, Schroeer, and Wawro. (Authority member Cooper arrived at approximately 6:35 p.m.) Staff Members Present: Rita Knoll Harris, City Clerk's Office Marty Heffernan, City Attorney's Office Sandy 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. 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. Approval of the minutes of the regular meeting of June 22, 1994. 2. Report of Change of Corporate Structure for Safeway Stores 46, Inc.. dba A. Safeway Store #913, 2160 West Drake Road B. Safeway Store #1071, 460-A South College Safeway Stores 46, Inc., the 3.2% beer licensee for Safeway Store #913, 2160 West Drake Road, and Safeway Store #1071, 460-A South College, is reporting a change of corporate structure. Michael Ross is replacing Bernat Rosner as vice-president, secretary, and director. 3. Report of Change of Manager for Seven -Eleven #20104, 429 Remington. Southland Corporation, the 3.2% beer licensee for Seven -Eleven #20104, 429 Remington, is reporting a change of manager. Francis Spychaj has been transferred from Store #17900, 3035 West Prospect, to replace James Choun, who has been transferred to Store #13171, 505 South Shields. 0 • August 24, 1994 4. Report of Change of Manager for Seven -Eleven #13171, 505 South Shields. Southland Corporation, the 3.2% beer licensee for Seven -Eleven #13171, 505 South Shields, is reporting a change of manager. James Choun has been transferred from Store #20104, 429 Remington, to replace Steven Venrick, who has been transferred to Store #26933, 970 West Horsetooth. 5. Report of Change of Manager for Seven -Eleven #26933. 970 West Horsetooth. Southland Corporation, the 3.2% beer licensee for Seven -Eleven #26933, 970 West Horsetooth, is reporting a change of manager. Steven Venrick has been transferred from Store #13171, 505 South Shields, to replace William Miller. 6. Report of Change of Manager for Seven -Eleven #26803, 2800 South College. Southland Corporation, the 3.2% beer licensee for Seven -Eleven #26803, 2800 South College, is reporting a change of manager. Juliet Nunn has been transferred from Store #27094 in Loveland, to replace Dee Thorson. Ms. Nunn was previously registered as the manager of this store in September 1993 prior to being replaced by Ms. Thorson in April 1994. Authority member Schroeer made a motion, seconded by Authority member Crowfoot, to adopt and approve all items on the Consent Calendar. Yeas: Crowfoot, Haggerty, Norton, Poncelow, Schroeer, and Wawro. Nays: None. THE MOTION CARRIED. (Secretary's Note: Authority member Cooper arrived at this point.) Public Hearing on Bed and Breakfast Liguor Permits Authority member Norton outlined recent legislation relating to bed and breakfast liquor permits. Mike Martin, representing West Mulberry Street Bed and Breakfast, stated they do not plan to serve alcoholic beverages to guests and are not affected by the law. Greg Belcher, representing Edwards House Bed and Breakfast, stated they are in favor of the permit. He stated they currently serve wine and cheese on occasion. He noted they also offer complimentary champagne for special occasions. Cheryl Clark, representing Elizabeth Street Guest House, stated they don't currently offer alcoholic beverages to their guests and they don't intend to do so in the future. She expressed support for taking the needs and desires of the neighborhood into consideration. Brenda Ray, representing the Scorched Tree Bed and Breakfast in the Poudre Canyon, stated although she is not located in Fort Collins she is interested in this subject. She indicated they currently serve complimentary wine and cheese in the afternoon. She expressed strong support for the permit. With regard to rJ • August 24, 1994 the issue of needs and desires of the neighborhood, Ms. Ray stated she does not think it is necessary. Authority member Norton closed the public input portion of the hearing and asked the Authority for discussion on the issue. Authority member Norton stated she believes if any establishment is going to serve alcohol, for a charge or complimentary, the members of the surrounding neighborhood should be notified and have an opportunity to make their desires known. Authority member Poncelow agreed that reasonable requirements of the neighborhood should be considered. Authority member Cooper stated all of the people who have contacted him on this issue are in favor of bed and breakfast permits. He stated he does not like the law as written, but unless he receives substantial negative comments from the public between now and the next meeting, he will support the issuance of these permits in Fort Collins. He also supported the consideration of needs and desires of the neighborhood. In response to a question from the Authority, Assistant City Attorney Heffernan noted the State's position is that if giving alcoholic beverages away is included in the total amount to stay at that establishment, it constitutes an indirect sale. In response to a question from Mr. Belcher, he stated the new state law presently gives everyone an opportunity to apply for a permit unless the local licensing authority makes a determination that they will not be available in Fort Collins. He stated if the Authority decides not to allow bed and breakfast permits in Fort Collins, there would be a question regarding an establishment's ability to legally serve alcoholic beverages. Authority member Crowfoot made a motion, seconded by Authority member Wawro, to direct staff to prepare a Resolution for consideration at the next meeting which rescinds the waiver of needs and desires criteria. Yeas: Cooper, Crowfoot, Haggerty, Norton, Poncelow, Schroeer, and Wawro. Nays: None. THE MOTION CARRIED. Report of Change of Manager for Seven -Eleven #17900, 3035 West Prospect, Approved Authority member Crowfoot disclosed that she knows the manager, Betty Friend, but does not believe it will affect her decision in this matter. Betty Friend, manager, stated this is her first manager position but noted she had been an assistant manager for 4.5 years. She indicated she has been involved in employee training in the past and described the training program. She stated the policy is to ID anyone who appears to be under the age of 30. She described other measures taken to prevent violations of the beer code. Ms. Friend stated there have been no violations at any of the stores she has been employed at. • August 24, 1994 Authority member Schroeer made a motion, seconded by Authority member Cooper, to approve Betty Friend as the manager of Seven Eleven #17900, 3035 West Prospect. Yeas: Cooper, Crowfoot, Haggerty, Norton, Poncelow, Schroeer, and Wawro. Nays: None. THE MOTION CARRIED. Report of Change of Manager for Safeway Store #1071, 460-A South Colleae. Approved Robin Rodgers, manager, indicated this is her first store manager position. She stated employees of this store are sent to a training school and described the training program. She stated the cash registers now flash a reminder to check ID anytime a beer or tobacco item is scanned. She stated the percentage of beer sales at this store is high due to the proximately to the college population. Authority member Crowfoo THE MOTION CARRIED. t Consideration of an Application from the Bas Bleu Theatre Company for a Special Events Permit on September 17, 1994 at the Bas Bleu Theatre, 214-216 Pine Street, Approved Eileen Kennedy, associate director of the Bas Bleu Theatre Company, stated they are requesting this permit for a benefit dance at the theatre. She indicated beer and wine will be provided at no cost to the estimated 100 to 150 people in attendance. She noted there will be an individual checking identification at the door for anyone who appears to be under the age of 30, as well as staff members monitoring people during the event for intoxication or misconduct. She noted the entry fee will be $10.00. Ms. Kennedy stated 8 to 14 people will be working the event. She stated there have been 2 meetings in preparation for this application and noted she is an attorney (not licensed in Colorado) and has prior experience as a cocktail waitress. She noted she has spoken with the staff regarding the responsibilities of serving alcohol. She stated they expect the event to be attended by people ranging from their mid 20s to 60 years of age. Eva Wright, founder of the Bas Bleu Theatre Company, explained the history of the theatre company. She stated the theatre will seat 49. Authority member Poncelow made a motion, seconded by Authority member Crowfoot, to approve the application of the Bas Bleu Theatre Company for a special events permit at the Bas Bleu Theatre, 214-216 Pine Street, on September 17, 1994. Authority member Poncelow expressed concern about the lack of charge for alcoholic beverages. 0 • August 24, 1994 Ms. Kennedy explained that their insurance policy won't cover the theatre if they charge for alcohol. She noted that the availability of alcohol at the event will not be mentioned in any advertising for the event. Authority member Cooper also expressed concern and suggested that the theatre company limit the number of drinks per person. The vote on Authority member Poncelow's motion to approve the permit was as follows: Yeas: Cooper, Crowfoot, Haggerty, Norton, Poncelow, Schroeer, and Wawro. Nays: None. THE MOTION CARRIED. Consideration of an Application from the Eyeopeners Kiwanis Club of Fort Collins for a Special Events Permit for Oktoberfest on October 1. 1994 in Old Town Square, Approved Jim O'Neill, representing the Eyeopeners Kiwanis Club, stated this permit is for the 16th annual Oktoberfest. He stated this year they will be in Old Town Square only and brought the Authority's attention to the revised site plan. He stated off -duty officers will be hired for security and noted approximately 40 club members will be working the event. Mr. O'Neill spoke of the training provided to club members and noted that experienced servers are involved in the event every year. He stated the proceeds from the event will support community service projects such as the Food Distribution Center, Poudre R-1, and youth programs. In response to questions from the Authority, Mr. O'Neill stated the event has been expanded into Walnut and Linden Street to alleviate crowding and to make it possible to have the event at one location only. He indicated that the seating area will be roped off and staff stationed around the perimeter of the entire area. He noted the outer perimeter will also be fenced. He stated each customer will be ID'd with every purchase. Officer Joel Tower stated he was not advised of any problems with last year's event. Authority member Crowfoot made a motion, seconded by Authority member Poncelow, to approve the application of the Eyeopeners Kiwanis Club of Fort Collins for a special events permit in Old Town Square on October 1, 1994. Authority member Schroeer expressed concern about the fencing and the ability of people to walk through the designated area because of the public sidewalk. The vote on the motion was as follows: Yeas: Cooper, Crowfoot, Haggerty, Norton, Poncelow, Schroeer, and Wawro. Nays: None. THE MOTION CARRIED. 0 • August 24, 1994 Transfer of Ownership of Bivian's, 134 South College. Withdrawn by Applicant (Secretary's Note: This item was withdrawn by the applicant.) Show Cause Hearing for Avoaadro's Number, 605 South Mason Police Officer Ed Swartz stated an agreement has been reached in this matter and outlined the provisions of the agreement as follows: 1. The licensee stipulates to a violation of Regulation 47- 128.8 of the Colorado Liquor Code (removal of liquor from premises). 2. The license will be suspended for 10 days, with 4 days actively served from September 26 to September 29, and the remaining 6 days held in abeyance for a period of 1 year. 3. The licensee and the bar manager will attend a liquor law education class within 90 days. 4. The licensee will purchase a Beer and Liquor Code Book within 30 days and keep it on the premises at all times. In response to a question from the Authority, Officer Swartz stated the agreement does not include a fine in lieu of a portion of the active suspension at the request of the licensee. Authority member Poncelow made a motion, seconded by Authority member Crowfoot, to accept and approve the stipulation and agreement as presented by Police Services. Authority member Poncelow stated she believes this is a good agreement. Authority member Schroeer stated he believes the penalty is a little light, but he will support the motion. The vote on the motion was as follows: Yeas: Cooper, Crowfoot, Haggerty, Norton, Poncelow, Schroeer, and Wawro. Nays: None. THE MOTION CARRIED. Rob Osborne, licensee, apologized to the Authority for the violation. Police Report Old Town Ale House Officer Joel Tower presented to the Authority a report of an alleged violation at Old Town Ale House, 25 Old Town Square, on August 3, 1994. He stated Officer 0 • August 24, 1994 Ernie Tellez and Officer Bud Bredehoft were on foot patrol in the downtown area when they passed by the Old Town Ale House at approximately 2:04 a.m. and noticed that the doors were open and music was coming from inside. He stated the Officers entered the establishment and Officer Tellez saw a patron drinking what appeared to be an alcoholic beverage. Officer Tower stated Officer Tellez then asked the bartender what time it was and the bartender replied that it was 2:05. He indicated Officer Tellez confiscated the glass that the patron was drinking from and determined that it contained alcohol. He stated Officer Tellez then advised the bartender that he thought they were in violation of the Liquor Code. Officer Tower asked the Authority to find that probable cause exists to schedule a show cause hearing for violation Regulation 47-128.2, and that all officers and persons involved be issued subpoenas. Authority member Schroeer made a motion, seconded by Authority member Crowfoot, to find that probable cause exists to schedule a show cause hearing on September 28, 1994 for Old Town Ale House, 25 Old Town Square, for an alleged violation of Regulation 47-128.2 of the Colorado Liquor Code, and that subpoenas be issued to all parties involved. Yeas: Cooper, Crowfoot, Haggerty, Norton, Poncelow, Schroeer, and Wawro. Nays: None. THE MOTION CARRIED. Compliance Checks Officer Tower reported on recent compliance checks. He stated approximately 90 establishments were checked. He briefly reviewed the Police Services policy on compliance checks. In response to a question from the Authority, he stated the recent checks found an approximate 39% failure rate on the first check. Authority member Norton noted the high failure rate illustrates the Authority's concern regarding lack of funding for full-time liquor enforcement. New West Fest In response to a question from the Authority, Officer Tower stated he was not made aware of any problems during the New West Fest. Authority member Poncelow stated she was at the New West Fest for most of the weekend and noted that she asked a man who walked by her with a beer in his hand where he got the beer. She stated the man replied he got the beer from a bar in Old Town. Authority member Crowfoot stated she wandered through the beer garden several times and noted that the Sertoma Club was monitoring their area very well. Other Business Liquor Licensing Specialist Rita Harris brought the Authority's attention to a memo regarding an application for a change of class of license at Janette's Pharmacy. She stated the establishment currently has a liquor -licensed drugstore license and would like to convert it to a retail liquor store license which is provided for by law. She stated she is seeking direction from the Authority 0 August 24, 1994 regarding whether it will expect the applicant to present evidence relating to the needs and desires of the neighborhood. She noted that the law provides that the Authority is not required to make a determination with regard to the needs and desires of the neighborhood in this situation, but may do so if the Authority deems it appropriate. Authority member Crowfoot stated she feels strongly that needs and desires should be taken into consideration. Authority member Poncelow agreed, and noted that the owners may sell the business and the license could be transferred without the needs and desires of the neighborhood being considered at that time. Ms. Harris noted that the establishment currently sells liquor, and conversion to a retail liquor store license will not permit them to sell any liquor different from what they are currently selling. She stated that, from her observation, when you enter the establishment you see in front of you an aisle of greeting cards and other miscellaneous drugstore items. She stated the entire area to the left and wrapping around the pharmacy counter (which is behind the aisle of miscellaneous items) is liquor stock, including cooler items. Ms. Harris stated if the application to convert the license is approved, the entire area will be used to stock liquor items, and noted that non -liquor items that can be sold in a retail liquor store are limited to those items which related to the consumption of alcohol. Authority member Crowfoot expressed concern that at the time the license was actually granted for this establishment, it may have consisted primarily of pharmacy items and that liquor was gradually added. Ms. Harris stated she was not here when the original license was granted, but understands from Mrs. Ibrahim that originally the establishment was primarily a drugstore. She stated that the current video store in the center was a liquor store at the time and that when the liquor store went out of business, the pharmacy business declined. She stated Mrs. Ibrahim decided at that time to expand the amount of liquor sold out of the drugstore and that liquor sales have become the primary focus of the business. Authority member Schroeer stated he was a patron of the establishment in the late 1980s and that he always thought the establishment looked more like a liquor store than a drugstore. He stated he always viewed the establishment as a liquor store that also happened to have a pharmacy. He noted it is one of the few package liquor stores in the neighborhood. He stated he believes the changes that have occurred at this business have happened naturally by demand of the neighborhood. He stated he did not think it necessary for the applicant to establish needs and desires. Authority member Poncelow stated she believes the establishment is perceived as Janette's Pharmacy, not Janette's liquor store, and that the neighborhood may have an opinion about the change. Authority member Haggerty stated he lived in the area for approximately 3.5 years and his perception and his understanding of the neighborhood's perception has always been that the establishment is a liquor store. He agreed that it is 0 • August 24, 1994 obvious when you walk in the establishment that it is a liquor store, and secondarily a pharmacy. In response to a question from the Authority, Ms. Harris stated the specific criteria for a liquor -licensed drugstore is that a licensed pharmacist has to be on the premises. She stated all other regulations that apply to other licenses apply to this store as well. Authority member Norton stated that although the perception of the neighborhood customers may be that the establishment is a liquor store, she is not convinced that non -customers have the same perception. Ms. Harris pointed out that this application to convert the license will be treated in all other respects as a new application; therefore, she will have to post the premises for a minimum of 10 days and publish a notice in the newspaper. Authority member Schroeer suggested requesting the applicant post the premises for 30 to 45 days in lieu of needs and desires of the neighborhood. Authority member Cooper made a motion, seconded by Authority member Schroeer, to waive the needs and desires requirement and post the premises for 30 days if acceptable to the applicant. Authority member Wawro stated he felt the motion is an appropriate compromise. Authority member Poncelow stated she would be willing to accept the 30-day posting in lieu of needs and desires evidence. In response to Assistant City Attorney Heffernan's request for clarification that the 30-day posting was subject to the acceptance of the applicant, Authority member Cooper stated he would like to modify his motion to waive the needs and desires requirement and that the premises be posted no less than 15 days but as close to 30 days as possible. Authority member Schroeer, as second to the motion, accepted the amendment as friendly. Following discussion, Authority member Cooper further amended his motion to require 30 days posting unless the applicant does not agree, in which case the posting shall occur for 15 days. Authority member Schroeer, as second to the original motion, stated he believes the posting should occur for 30 days or the applicant must demonstrate needs and desires of the neighborhood. He withdrew his second. Ms. Harris stated there is no longer a motion on the floor without a second. Authority member Haggerty stated he would second the motion made by Authority member Cooper which requires 30 days posting unless the applicant does not agree, in which case the posting shall occur for 15 days. 0 • August 24, 1994 Authority member Schroeer stated he would not support the motion because it means the minimum amount of time the premises could be posted is 15 days without the requirement to establish needs and desires. Authority member Cooper amended his motion to require 30 days posting. Authority member Haggerty, as the second, accepted the amendment as friendly. The vote on Authority member Cooper's motion to waive the requirement for the applicant to establish needs and desires and to require posting of the premises for 30 days was as follows: Yeas: Cooper, Crowfoot, Haggerty, Norton, Poncelow, Schroeer, and Wawro. Nays: None. Joint Meeting with Greeley and Loveland The Authority discussed possible dates to host a joint meeting with the Greeley and Loveland liquor licensing authorities. Three dates were selected to offer to Greeley and Loveland. Those dates, in order of preference, are: Thursday, October 20 Thursday, October 13 Tuesday, October 18 Ms. Harris stated she would report back after she hears from Greeley and Loveland. Tangz Ms. Harris informed the Authority that a renewal application has been filed for Tangz and asked the Authority if they wanted to pursue a renewal hearing. She noted that the file for Tangz reflects very little violation activity. The Authority decided not to hold a renewal hearing at this time. Mr. Heffernan presented to the Authority an advertisement for Tangz that was printed in the Collegian. He noted that the ad features "Get Tanked at Tangz" on August 25th promoting 1-cent monster beers and well drinks and 50-cent call drinks. Election of Officers Authority member Poncelow nominated Bill Wawro as chairperson. The Authority voted unanimously to elect Bill Wawro as chairperson. Authority member Cooper nominated John Schroeer as vice -chairperson. Authority Schroeer declined the nomination. Authority member Crowfoot nominated Carl Cooper as vice -chairperson. 0 August 24, 1994 The vote on the nomination was as follows: Yeas: Crowfoot, Haggerty, Norton, Poncelow, Schroeer, and Wawro. Nays: Cooper. THE MOTION CARRIED. Adiournment Authority member Schroeer made a motion, seconded by Authority member Poncelow, to adjourn. Yeas: Cooper, Crowfoot, Haggerty, Norton, Poncelow, Schroeer, and Wawro. Nays: None. THE MOTION CARRIED. The meeting was adjourned at approximately 8:10 p.m. Chairperson /t GCS e .retary