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HomeMy WebLinkAboutLiquor Licensing Authority - Minutes - 10/11/1989• LIQUOR LICENSING AUTHORITY MINUTES Regular Meeting - October 11, 1989 6:32 p.m. A regular meeting of the Liquor Licensing Authority was held on Wednesday, October 11, 1989, in the Council Chambers of the Fort Collins Municipal Building. The following members were present: Crowfoot, Garber, Guerrie, Norton, and Poncelow. Authority Member Absent: Cooper and Denmark Staff Members Present: John Duval, City Attorney's Office Rita Knoll, City Clerk's Office Sandy Gibson, Police Department Consent Calendar This Calendar is intended to expedite the meeting an allow the Authority to spend its time and energy on the important items on a lengthy agenda. Anyone may request an item be "pulled" off the Consent Calendar and considered separately. Items pulled from the Consent Calendar will be considered separately immediately following adopt of the Consent Calendar. Items of extreme controversy will be discussed near the end of the meeting under Pulled Consent Items. 2. 3. Consider aooroval of the minutes of the Seotember 13 1989 regular meeting. Peoples Bar, Inc., the tavern licensee for Peoples Bar, 934 South Lemay, is reporting a change of corporate officers, directors, and stockholders. James A. Garrison is replacing William C. LeNorreys as vice-president, secretary, and director of the corporation. John Carlson, previously a 50% stockholder, now holds 100% of the corporate stock. The Benevolent and Protective Order of Elks #804, the club licensee for Elks Lodge #804, is reporting a change of corporate officers. James McIver is replacing Jack Bowman as treasurer of the corporation. Roger Rogers and Stanley Cole are switching positions as president and vice-president. • October 11, 1989 In addition, this a new manager for Watson as manager. report of changes includes a request for approval of the establishment. John N. Duval is replacing John Authority member Poncelow requested Item #3, Report of Change of Corporate Structure for the Benevolent and Protective Order of Elks #804, dba Elks Lodge #804, 140 East Oak, be removed from the Consent Calendar. Authority member Crowfoot made a motion, seconded by Authority member Norton, to adopt and approve all items not removed from the Consent Calendar. Yeas: Crowfoot, Garber, Guerrie, Norton, and Poncelow. Nays: None. THE MOTION CARRIED. (Secretary's Note: Item #3, Report of Change of Corporate Structure for the Benevolent and Protective Order of Elks #804, dba Elks Lodge #804, 140 East Oak, was postponed until later in the meeting.) Hearing on a New Application for a Tavern License at Foothills Country Club Catering, Inc.. 6813 South College. License Approved William LeNorreys, president of Foothills Country Club Catering, Inc., was sworn. He described the plans for the building formerly occupied by the Hermitage Inn and Nicky's Restaurant. He stated the establishment is being reopened as a convention center and banquet hall with the kitchen being run by Behind the Scenes Catering, which is an established catering company in Fort Collins. He indicated that the business will cater to weddings, banquets, and private business parties. He noted that the owners of Behind the Scenes Catering are officers and shareholders in Foothills Country Club Catering, Inc., and that together they hold 10% of the stock. Mr. LeNorreys noted that the public can come into the establishment at any time the establishment is open for a private function. He stated the tavern portion of the establishment would be separate from the private areas. He stated the patios are to be included in the licensed premises, and spoke of how the patio areas are enclosed. In response to questions from the Authority, Mr. LeNorreys spoke of the landlord at the premises. He stated one of the officers of the corporation that holds the liquor license at People's Bar is one of the owners of the property at 6813 South College. Assistant City Attorney John Duval noted that a landlord/tenant relationship does not constitute a financial interest in the liquor license. Authority member Garber indicated he had questions of Robert Blasi. C� i • October 11, 1989 Mr. LeNorreys stated Mr. Blasi was not present, but that Michael Colacino was present. Authority member Garber stated Mr. Blasi did not answer a question in the application about being discharged from a position and indicated that he had personal knowledge that Mr. Blasi had been discharged from one of his places of employment. Michael Colacino, representing Behind the Scenes Catering, was sworn. He responded to questions about Mr. Blasi's employment history. He indicated he had no knowledge of Mr. Blasi being discharged from a position. Mr. LeNorreys indicated that he had submitted petitions to the Assistant City Attorney for review. Assistant City Attorney John Duval stated two exhibits had been submitted. He stated Exhibit A consists of signatures from residents of Fort Collins and customers who apparently are not in the neighborhood. He indicated he struck four signatures for no indication of age or indication that the individual was under 21 years of age. He pointed out that the City Code requires that petitions be circulated within the neighborhood boundaries. He stated there may need to be evidence introduced pertaining to where these petitions were circulated and that they may also be a question whether signatures from people who are not residents of the neighborhood qualify. Mr. Duval pointed out the location of the establishment and noted there are not many residential areas within the neighborhood boundaries. He stated there is case law in Colorado that indicates that patrons of a business may qualify for determining the needs and desires criteria in a situation similar to this. Mr. Duval stated Exhibit B consists of petitions containing signatures of residents of the neighborhood (pages 1 through 3). He stated page 4 appears to be signatures from people who live outside of the city of Fort Collins. He stated page 5 appears to be signatures from Fort Collins residents. He indicated that there was some question as to whether the petition was properly verified. Mr. LeNorreys stated he and Mr. Blasi circulated the petitions. He stated Exhibit A consists of residents of Fort Collins and customers. He indicated those petitions were circulated by Mr. Blasi, who went to current known customers of the catering business. He noted the signatures were from individuals outside of the designated neighborhood. Mr. LeNorreys stated he circulated Exhibit B which consists of signatures from Fort Collins residents and out of town residents. He stated those signatures were obtained from individuals who came into the business to look at using the facility and services. He stated those two sheets do not have a verified statement because he circulated them. He stated the balance of Exhibit B is sheets marked "neighborhood". He stated he went to homes within the neighborhood boundaries to obtain those signatures. He stated the remaining sheet is marked "county" and those signatures were obtained approximately 3 blocks away from the designated neighborhood. • • October 11, 1989 Assistant City Attorney Duval stated that the notary provision on the verification for Exhibit A is not filled out entirely and therefore the verification is incomplete. He indicated he did not believe the verification complies with the City Code. He stated Exhibit B appears to be properly verified, but noted that he did not know whether the two loose pages could be considered as part of the verification. Mr. LeNorreys testified he circulated the two loose pages. He indicated he had all five pages with him when he completed the verification and had his signature notarized. Authority member Garber stated he believed the intent of a petition is to determine the neighborhood's needs and desires. He stated he did not believe obtaining signatures from individuals who enter the business provides an impartial opinion poll of the neighborhood's needs and desires. He stated he could only place weight on the signatures obtained in the neighborhood. He indicated that he would put a little weight on the county signatures because it appears they will be annexed into the city sometime in the future. Authority member Garber made a motion, seconded by Authority member Crowfoot, to admit the first portion of Exhibit B (neighborhood only signatures) into evidence. Yeas: Crowfoot, Garber, Guerrie, Norton, and Poncelow. Nays: None. THE MOTION CARRIED. Authority member Garber stated he could not support the application because he believes Mr. Blasi did not divulge his termination from the Moot House in 1981. He stated he believed that omission is a reflection of Mr. Blasi's moral character. Mr. Colacino recalled Mr. Blasi's dismissal from the Moot House and stated it was his understanding that Mr. Blasi was cleared of the circumstances that led to the dismissal. Authority member Garber stated the circumstances surrounding the dismissal and the dismissal itself were not important at this point. He stated the issue is that it was not disclosed in the application. Authority member Norton made a motion, seconded by Authority member Guerrie, to adopt Resolution 89-17 approving the application of Foothills Country Club Catering, Inc. for a tavern license at 6813 South College. Yeas: Crowfoot, Guerrie, Norton, and Poncelow. Nays: Garber. THE MOTION CARRIED. • October 11, 1989 Registration of Rebecca Shannon as Manager of Jefferson Grill, 200 Jefferson Street, Approved Rebecca Shannon, manager, stated she has been in the restaurant business for most of her life. She stated she gained experience in the service of alcohol at Tico's Restaurant as a cocktail waitress, bartender, and manager, at the Sea Galley as a manager, and at the Fort Collins Marriott as restaurant manager. She stated she has been at the Jefferson Grill as assistant manager for approximately one year and has been manager for approximately two months. Ms. Shannon spoke of employee training and indicated that a large section of the employee manual deals with liquor service. Authority member Garber made a motion, seconded by Authority member Norton, to approve Rebecca Shannon as manager of Jefferson Grill, 200 Jefferson Street. Yeas: Crowfoot, Garber, Guerrie, Norton, and Poncelow. Nays: None. THE MOTION CARRIED. (Secretary's Note: No one was present at this point to represent Item #1, Consideration of an Application from the Colorado State University Department of Music, Theatre, and Dance for a Special Events Permit at the Lory Student Center.) Request from TDMH, Inc., dba Archers, 3524 South Mason, to Change, Alter, or Modify the Premises. Modification Not Substantial Mike Koltak, business consultant, stated he was working with the architect on the design and changing of Archers. He described the proposed changes, noting that the front lounge area which currently has tables will be converted to booths. He stated the entrance will be moved from the west side of the building to the north side of the building. He stated the bar will be modified to a square design. Mr. Koltak noted these modifications will result in eight additional seats. He stated the objective is to increase food sales 250% by improving the atmosphere. He stated the new entrance and bar design allows for more visibility of patrons. Authority member Garber made a motion, seconded by Authority member Norton, to find that the proposed modifications to Archers, 3524 South Mason, are not substantial. Yeas: Crowfoot, Garber, Guerrie, Norton, and Poncelow. Nays: None. THE MOTION CARRIED. October 11, 1989 Request from Bisetti's Italian Restaurant, Inc., dba Bisetti's Italian Restaurant, 120 South College, to Change, Alter, or Modify the Premises, Modification Found Substantial and Approved Authority member Norton disclosed that she knows Robert Bisetti and indicated that she did not believe that association would affect her ability to participate in this item. Robert Bisetti, owner, stated that weekend crowds at the establishment are enormous. He stated that they have been unable to accommodate requests for private parties due to lack of space. He indicated that the establishment is taking over the space previously occupied by Kirby Vacuums. He stated the additional area will increase the seating capacity by approximately 55 seats during regular seating situations and noted that the room could hold more if used in a banquet setting. He spoke of physical changes to the building including restroom facilities, kitchen facilities, and the service bar area. Mr. Bisetti indicated he anticipated a 14% increase in liquor sales after the expansion. He stated the new area will hold approximately 13 tables. Authority member Norton stated that initially, based on the increase in seating, the expansion seemed to be substantial. She stated that she had difficulty determining the overall increase due to the fact that the usage of the new area would occur during weekends. Authority member Garber stated he agreed with Authority member Norton, and pointed out that liquor sales are not the emphasis of this business. Authority member Poncelow pointed out that Regulation 47-106.2 of the Colorado Liquor Code states that any increase or decrease in the total size or capacity of the licensed premises constitutes a substantial change. She stated the Authority should consider that Regulation when determining whether the expansion is substantial. She stated that if the Authority finds the expansion to be substantial, they could proceed at this meeting if Mr. Bisetti is prepared to present evidence that the expansion meets the needs and desires of the neighborhood. Assistant City Attorney Duval stated if the Authority determines that the modification is substantial, the Authority needs to determine the needs and desires of the neighborhood. He stated that could be determined at this meeting if Mr. Bisetti is prepared to proceed, or could be scheduled for the next meeting. Authority member Garber made a motion, seconded by Authority member Norton, to find that the proposed modifications to Bisetti's Italian Restaurant, 120 South College, are substantial. Yeas: Crowfoot, Garber, Guerrie, Norton, and Poncelow. Nays: None. THE MOTION CARRIED. • • October 11, 1989 Robert Bisetti stated he was ready to proceed with the hearing. Mr. Bisetti was sworn. Rick Spadaro, owner of Brotherton Office Products, was sworn. Authority member Crowfoot disclosed that she knows Mr. Spadaro and indicated that she did not believe it would affect her decision with regard to this application. Mr. Spadaro stated he uses Bisetti's as a quiet place to meet with out-of-town clients. He stated the current size of the premises does not meet his needs. Jim Reidhead, neighborhood resident, was sworn. He spoke of the need for the expansion of Bisetti's. He spoke of the importance of the expansion of existing establishments in the downtown area and the benefit to the downtown area. Mr. Bisetti stated the restaurant has been in business for 11 years. He stated there has been only 1 liquor violation in 11 years and noted that the establishment is not a liquor -promoting business. He indicated that customers have been turned away during busy times because of lack of space. Authority member Garber made a motion, seconded by Authority member Guerrie, to approve the modification of Bisetti's Italian Restaurant, 120 South College. Yeas: Crowfoot, Garber, Guerrie, Norton, and Poncelow. Nays: None. THE MOTION CARRIED. Report of Change of Corporate Structure for the Benevolent and Protective Order of the Elks #804, dba Elks Lodge #804, 140 East Oak, Approved and Registration of John N. Duval as Manager Approved John N. Duval, general manager of the Elks Lodge #804, stated he has been manager since December 1988. He stated he was not aware of the requirement to register the manager. Mr. Duval spoke of the staff working at the Lodge and the training that is provided to those employees. He described his experience with the sale of liquor. Authority member Garber made a motion, seconded by Authority member Guerrie, to approve John N. Duval as manager of Elks Lodge #804, 140 East Oak. Yeas: Crowfoot, Garber, Guerrie, Norton, and Poncelow. Nays: None. THE MOTION CARRIED. Authority member Norton made a motion, seconded by Authority member Crowfoot, to approve the change of corporate structure for the Benevolent • • October 11, 1989 and Protective Order of the Elks Lodge #804, dba Elks Lodge #804, 140 East Oak. Yeas: Crowfoot, Garber, Guerrie, Norton, and Poncelow. Nays: None. THE MOTION CARRIED. Consideration of an Application from the Colorado State University Department of Music, Theatre, and Dance for a Special Events Permit at the Lory Student Center. Tabled to November 8 (Secretary's Note: No one was present to represent this application.) Authority member Garber made a motion, seconded by Authority member Guerrie, to table this item to November 8. Yeas: Crowfoot, Garber, Guerrie, Norton, and Poncelow. Nays: None. THE MOTION CARRIED. Other Business Authority member Poncelow reported on a meeting she attended with Mayor Winokur, City Attorney Steve Roy, and the chair of the Planning and Zoning Board regarding proposed nudity ordinances. Authority member Garber made Guerrie, to adjourn. Yeas: Poncelow. Nays: None. THE MOTION CARRIED. Adjournment a motion, seconded by Authority member Crowfoot, Garber, Guerrie, Norton, and The meeting was adjourned at approximately 8:00 p.m. Chairperson A esoez cretary