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HomeMy WebLinkAboutLiquor Licensing Authority - Minutes - 02/02/1983r • LIQUOR LICENSING AUTHORITY Regular Meeting - February 2, 1983 7:30 P.M. A regular meeting of the Liquor Licensing Authority was held on Wednesday, February 2, 1983, in the Council Chambers of the City of Fort Collins Municipal Building. Roll call was answered by the following members: Bujack, Long, Monaghan, Sheahan, Veazie and Wilson. Authority Members Absent: Oldham Staff Members Present: Debbie Caster, City Clerk's Office Frank Russell, Police Department Greg Denton, City Attorney's Office Minutes of the Regular Meeting of January 5, 1983, Approved as Published Authority member Long made a motion, seconded by Authority member Bujack, to approve the minutes of the regular meeting of January 5, 1983, as published. The Chairperson put the motion with the following votes: Yeas: Bujack, Long, Monaghan, Sheahan, Veazie, and Wilson. Nays: None. Preliminary Hearing for a 3.2% Fermented Malt Beverage License for The Junction. 518 West Laurel The boundaries as proposed by the Administration were as follows: North from the subject premises to Mountain Avenue. West from the subject premises to Shields Street. South from the subject premises to Prospect. East from the subject premises to Whedbee Street. Mr. Chris Brown, co-owner, stated the boundaries are acceptable. Authority member Long made a motion, seconded by Authority member Bujack, to accept the boundaries as proposed for The Junction, 518 West Laurel. The Chairperson put the motion with the following votes: Yeas: Bujack, Long, Monaghan, Sheahan, Veazie, and Wilson. Nays: None. -2- February 2, 1983 Registration of Manager for Red Robin Burger and Spirits Emporiums, 215 East Foothills Parkway, Suite 158 Ms. Maureen Gottino, manager, spoke briefly of her background. She stated she has been in the restaurant business for approximately 12 years. She stated she is familiar with the liquor laws of Colorado. Ms. Gottino explained that she has two assistant managers, a head waitress, and a kitchen manager. She stated training is conducted by these people under her supervision. Authority member Monaghan made a motion, seconded by Authority member Long, to approve the registration of manager on Maureen Gottino for Red Robin Burger and Spirits Emporiums, 215 East Foothills Parkway, Suite 158. The Chairperson put the motion with the following votes: Yeas: Bujack, Long, Monaghan, Sheahan, Veazie, and Wilson. Nays: None. Transfer of Ownership for South College Liquors, 2724 South College Avenue Mr. Michael O'Brien, partner, spoke briefly of his background. He stated he has experience primarily in the construction business. Mr. O'Brien stated his partner, Judy Flanagan, recently had a baby and was not able to attend the meeting. He pointed out, however, that Judy has previous experience in managing a retail liquor store. Mr. O'Brien stated there will be no physical changes made to the building. He stated his employees are familiar with the Colorado Liquor Laws. Mr. O'Brien stated he and his partner will both train employees but that it is his responsibility. It was noted that the store is now open and operating under a management agreement. Authority member Long made a motion, seconded by Authority member Bujack, to approve the transfer of ownership from South College Corporation to South College Liquors, a General Partnership, dba South College Liquors, 2724 South College Avenue. The Chairperson put the motion with the following votes: Yeas: Bujack, Long, Monaghan, Sheahan, Veazie, and Wilson. Nays: None. Transfer of Ownership for Ticos, 333 West Drake Road, Building 1 Ms. Claudia Borelli, manager of Ticos, stated she has experience working at IBM February 2, 1983 the various Ticos restaurants during the past 10 years. Ms. Borelli stated there will be no changes in the policies, procedures, or personnel. Authority member Monaghan made a motion, seconded by Authority member Bujack, to approve the transfer of ownership from Ticos of Fort Collins, Inc., to Ticos of Lincoln, Inc., dba Ticos, 333 West Drake Road, Building 1. The Chairperson put the motion with the following votes: Yeas: Bujack, Long, Monaghan, Sheahan, Veazie, and Wilson. Nays: None. Transfer of Ownership for Mi Valentina Mexican Restaurante, E1 Tropical Night Club and The Northern Bar, 172 North CollE Ms. Susan Lach, attorney representing the applicant, stated the appropriate papers have now been filed with the City Clerk's Office. Mr. John Delesma, secretary of D.R.D., Inc., and David Delesma, president of D.R.D., Inc., were present and spoke of their backgrounds. They ex- plained that their brother, Robert, once owned a chain of restaurants in Texas and has the most experience of any of them. Mr. Delesma spoke briefly of the financing of the business. It was noted that each one is in the process of familiarizing themselves with the Colorado Liquor Laws. In addition, John Delesma explained that all of them will assist and be responsible for training new employees. It was noted that approximately 50 employees will be hired. The Delesmas stated it is not certain if the second floor of the building will be utilized. He noted that the lobby entrance (off 172 North College Avenue) will not be used. The entrance to the lower bar area will be off of Walnut Street. The entrance to the restaurant will be 166A North College Avenue, a few doors down from the main entrance that has been used in the past. The restaurant will seat 125 people. It was noted that the bar area will have live entertainment. Mr. Delesma stated someone will be at the entrance to the lower bar to check for ID's. Authority member Monaghan made a motion, seconded by Authority member Veazie, to approve the transfer of ownership from Ronald F. Weiszmann to D.R.D., Inc., dba Mi Valentina Mexican Restaurante, E1 Tropical Night Club and the Northern Bar, 172 North College Avenue. The Chairperson put the motion with the following votes: Yeas: Bujack, Long, Monaghan, Sheahan, Veazie, and Wilson. Nays: None. -4- February 2, 1983 Show/Cause Hearing for Linden's. 214 Linden Mr. Rock Sorenson, attorney representing the licensee, requested the show/cause hearing be continued until March 2, 1983, in order to have more time to prepare and develop testimony for the hearing. He added that the applicants requested that he represent them just a few days ago. Authority member Long made a motion, seconded by Authority member Monaghan, to continue the show/cause hearing to March 2, 1983. The Chairperson put the motion with the following votes: Yeas: Long, Monaghan, Sheahan, Veazie, and Wilson. -Nays: Bujack. Final Hearing for a Hotel -Restaurant License for Chi Chi's, 3500 South College Avenue, Suite 2 The Resolution outlining the results of the preliminary hearing was read by title only. Authority member Long made a motion, seconded by Authority member Bujack, to adopt the Resolution as presented. The Chairperson put the motion with the following votes: Yeas: Bujack, Long, Monaghan, Sheahan, Veazie, and Wilson. Nays: None. Mr. Ray Hale, attorney representing the applicant, explained that Arther Kelly and Joseph Johnston of Oklahoma City are the two principles in the application for Chi Chi's. He stated that neither partner is present at the hearing because the corporate headquarters recently burned to the ground and they needed to be in Oklahoma. Mr. Hale explained that Chi Chi's holds approximately 24 other liquor licenses in various states and has never received a liquor law violation. Mr. Hale introduced Mr. Kent McBride, Manager of Chi Chi's in Fort Collins. Mr. McBride, 1709 LaPorte Avenue, Fort Collins, Colorado, was sworn and spoke briefly of his background. He stated he has had experience working in the capacity of restaurant manager in several restaurants over the past few years. He stated he is very familiar with the liquor laws of Colorado. Mr. McBride stated 216 employees will be hired and approximately 100 of those employees will be involved with liquor. He stated he will be respon- sible for training all employees. Mr. McBride explained, however, that he -5- February 2, 1983 has a management staff in charge of different areas, such as the bar, kitchen, and waiting. He stated these people train new employees in their respective areas. Applicant's Exhibit 3 was submitted and identified as a personnel manual for all Chi Chi's employees. Mr. McBride explained briefly the training procedures as outlined in the manual. The floor plan was submitted. Applicant's Exhibit 5 was also submitted and identified as the menu for Chi Chi's. Mr. Max Scott, owner of Oedipus, Inc., 2902 5th, Boulder, Colorado, was sworn and stated that his company conducted the petitioning for this license to determine the needs and desires of the inhabitants of the neighborhood. He explained in dgtail how the survey was conducted. Applicant's Exhibit 1 was submitted and identified as five packets of petitions. Applicant's Exhibit 2 was also submitted and identified as a summary report. Mr. Scott explained that approximately 91% of the people contacted stated they are in favor of the license. Authority member Long made a motion, seconded by Authority member Bujack, to approve the hotel -restaurant liquor license for Chi Chi's, 3500 South College Avenue, Suite 2. The Chairperson put the motion with the following votes: Yeas: Bujack, Long, Monaghan, Sheahan, Veazie, and Wilson. Nays: None. Authority member Long made a motion, seconded by Authority member Bujack, to approve the registration of manager of Kent McBride for Chi Chi's, 3500 South College Avenue, Suite 2. The Chairperson put the motion with the following votes: Yeas: Bujack, Long, Monaghan, Sheahan, Veazie, and Wilson. Nays: None. Final Hearing for a Hotel -Restaurant License for Red Lobster, 3309 South Colleqe Avenue The Resolution outlining the results of the preliminary hearing was read by title only. Authority member Long made a motion, seconded by Authority member Bujack, to adopt the Resolution as presented. The Chairperson put the motion with the following votes: Yeas: Bujack, Long, Monaghan, Sheahan, Veazie, and Wilson. Nays: None. me February 2,1983 Mr. Ron Gates, secretary of General Mills Restaurant Group, Inc., 6770 Lake Ellenor Drive, Orlando, Florida, was sworn. Mr. Gates explained that Red Lobster is a division of General Mills Restaurant, Inc., which is a wholly owned subsidiary of General Mills, Inc. He stated that Red Lobster is a family -oriented, medium-priced restaurant. He spoke briefly of their menu which consists of a variety of seafood, steaks, hamburgers, etc. He stated the floor plan will seat 265 people in the restaurant and 35 in the lounge. He added that the building will be 7500 square feet. Also, Mr. Gates stated the parking lot will consist of 142 spaces. Mr. Gates stated the license is part of the criteria for the restaurant. He pointed out, how- ever, that only 13% of their total sales consists of alcohol. Mr. Gates stated a general manager will be hired closer to the opening date of the restaurant which is approximately August, 1983. He stated the manager will go through the registration process before the Board at that time. Mr. Gates went on to explain that in addition to a general manager, there are associate managers, assistant managers, and dining room managers. The general manager has the sole responsibility of the restaurant, hiring, firing, etc. A total of 70-90 employees will be hired. The hours of the restaurant will be 11:30 am to 10:00 p.m. Sunday through Thursday. The hours on Friday and Saturday will be 11:30 a.m. to 11:00 p.m. Mr. Gates explained that the corporation has employees that make up a training staff. This staff goes from state to state training the employees at each new restaurant. He stated this staff is very familiar with the liquor laws. Mr. Max Scott, owner of Oedipus, Inc., 2902 5th, Boulder, Colorado, was sworn and stated that his company conducted the petitioning for this license. He explained how the survey was conducted. Applicant's Exhibit 1 was submitted and identified as five petition packets. Applicant's Exhibit 2 was submitted and identified as a summary report. Based on the needs and desires, Mr. Scott stated the survey indicates that 87% of the neighborhood is in favor of the license. Authority member Monaghan made a motion, seconded by Authority member Bujack, to approve the hotel -restaurant license for Red Lobster, 3309 South College Avenue. The Chairperson put the motion with the following votes: Yeas: Bujack, Long, Monaghan, Sheahan, Veazie, and Wilson. Nays: None. Final Resolution on a Hotel -Restaurant License for Chi Chi's, 3500 South College Avenue, Suite 2 The Resolution was read by title only. -7- February 2, 1983 Authority member Long made a motion, seconded by Authority member Bujack, to adopt the Resolution as presented. The Chairperson put the motion with the following votes: Yeas: Bujack, Long, Monaghan, Sheahan, Veazie, and Wilson. Nays: None. Final Resolution on a Hotel -Restaurant License for Red Lobster, 3309 South College Avenue The Resolution was read by title only. Authority member Long made a motion; seconded by Authority member Bujack, to adopt the Resolution as presented. The Chairperson put the motion with the following votes: Yeas: Bujack, Long, Monaghan, Sheahan, Veazie, and Wilson. Nays: None. Other Business Assistant City Attorney Greg Denton addressed the alleged violation con- cerning the sale of liquor after hours which occurred at 12:15 a.m. on December 26, 1982 at The Hermitage Inn. Greg stated it is his opinion that this is not a violation because the establishment was not serving on Christmas Day. Some discussion took place among the Authority members as to what was intended by the Legislature in regards to the laws on extended hours. (Section 12-47-128(5)(c), C.R.S. 1973) Authority member Bujack made a motion, seconded by Authority member Long, to determine that no violation occurred and to rescind the show/cause hearing scheduled on March 2, 1983, for The Hermitage Inn. The Chairperson put the motion with the following votes: Yeas: Bujack, Long, Monaghan, Sheahan, Veazie, and Wilson. Nays: None. Police Report Officer Frank Russell stated he has been made aware by an undercover officer that another violation occurred at Linden's, 214 Linden, on August 8, 1982, during the undercover operation which took place last summer. He requested that the Board consider this violation at the same time they hold the hearing for the previous violation reported to them. in February 2, 1983 Authority member Bujack made a motion, seconded by Authority member Long, to determine that there is probable cause and scheduled the show/cause hearing to be conducted on March 2, 1983. The Chairperson put the motion with the following votes: Yeas: Bujack, Long, Monaghan, Sheahan, Veazie, and Wilson. Nays: None. Officer Russell requested a show/cause hearing be conducted for a violation occurring on January 27, 1983 at the County Cork, 2439 South College Avenue, Suite 1, Unit C. Authority member Monaghan made a motion, seconded by Authority member Veazie, to determine that there is probable cause and scheduled the show/ cause hearing to be held on March 2, 1983. The Chairperson put the motion with the following votes: Yeas: Bujack, Long, Monaghan, Sheahan, Veazie, and Wilson. Nays: None. Officer Russell requested that a show/cause heariang be conducted for a violation occurring at 3:55 a.m. on January 28, 1983, at Gene's Tavern, 200 Walnut. Authority member Bujack made a motion, seconded by Authority member Veazie, to determine that there is probable cause and scheduled the show/cause hearing to be held March 30, 1983. The Chairperson put the motion with the following votes: Yeas: Bujack, Long, Monaghan, Sheahan, Veazie, and Wilson. Nays: None. Adjournment Authority member Bujack made a motion, seconded by Authority member Long, to adjourn. The Chairperson put the motion which was unanimously adopted. The meeting was adjourned at approx'mately 9:50 p.m. Chairperson