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HomeMy WebLinkAboutLiquor Licensing Authority - Minutes - 08/26/1992A regular meeting of the Liquor Licensing Authority was held on Wednesday, August 26, 1992, in the Council Chambers of the Fort Collins Municipal Building. The following members were present: Cooper, Crowfoot, Poncelow, and Schroeer. (Authority member Mael arrived at 6:40 p.m. and Authority member Norton arrived at 6:45 p.m.) Authority Members Absent: Wawro. Staff Members Present: John Duval, City Attorney's Office Rita Knoll Harris, City Clerk'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. 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 July 29, 1992 special meeting 2. Reauest from Fort Collins Junction. Tnc__ dha .1_.1. Mrrahp'c Snnrtc rrillp Inc. This is a request from Fort Collins Junction, Inc., the hotel -restaurant licensee for J.J. McCabe's Sports Grille, 518 West Laurel, to change its corporate name to Fort Collins McCabe's, Inc. Report of Change of Corporate Structure for TDMH. Inc dba Archer's 3524 South Mason. TDMH, Inc., the tavern licensee for Archer's, 3524 South Mason, is reporting a change in corporate officers, directors and shareholders. Sandra Kay Collins is replacing Dana Geyer as secretary of the corporation and is also becoming a 2.5% shareholder and director. Thomas Goll is becoming a director and 12.5% shareholder. Jeffrey Miller, previously the manager of the establishment, is becoming a 2.5% shareholder and director. August 26, 1992 Authority member Cooper made a motion, seconded by Authority member Schroeer, tc adopt and approve all items not removed from the Consent Calendar. Yeas: Cooper, Crowfoot, Poncelow, and Schroeer. Nays: None. 119UaDli(PIS711 i1 l Report of Change of Manager for Archer's. 3524 South Mason, Approved Mike Billiot, manager, stated he has been manager since June 1. He indicated there were no violations at his prior employment in licensed establishments. He noted he will have a three-day training session for his employees regarding carding policies and alcohol service as well as on -going follow-up. He stated Archer's policy is to card everyone. He indicated there is a doorman on Fridays, and during the rest of the week the bartenders and waitstaff do the carding. He noted that when he was an employee at the Cheyenne Holiday Inn, he was a TIPS trainer for the bartenders and waitstaff. Authority member Poncelow made a motion, seconded by Authority member Schroeer, to approve Mike Billiot as manager of Archer's, 3524 South Mason. Yeas: Cooper, Crowfoot, Poncelow, and Schroeer. Nays: None. 1L'L13I�lR(�L`I9:I:lilxl� Report of Change of Manager for Phar-Mor #E226, 4106 South College, Approved Fred Logsdon, manager, stated he has been with Phar-Mor as a manager for 3 years and manager at this store since July. He indicated that before he became manager at the Arapahoe Road Phar-Mor, there was 1 violation. He noted Phar-Mor has a training program called PACT (Phar-Mor's Alcohol Control Team), which consists of a video explaining company policy and state laws regarding liquor sales. He stated employees take a test on what they've learned in training and that cashiers are required to wear a pin reading PACT to remind them of their obligations when selling liquor. He noted that although he lives in Thornton, he is at the Fort Collins store about 12 hours a day, Monday through Saturday. Mr. Logsdon spoke of the training he has received. He stated they card anyone who appears to be under 30. Authority member Poncelow made a motion, seconded by Authority member Cooper, to approve Fred Logsdon as manager of Phar-Mor #226, 4106 South College. Yeas: Cooper, Crowfoot, Poncelow, and Schroeer. Nays: None. THE MOTION CARRIED. August 26, 1992 Report of Change of Manager for Mini Mart #858, 1801 North College. Approved Richard Mart, manager, indicated he has been with Mini Mart for 9 years. He stated he was a store manager for 2 years and a regional supervisor for 7, but due to restructuring he is currently assigned as manager of this store. He indicated he received his training in the National Association of Convenience Stores program, and he has presented seminars and training programs as a supervisor. He noted he has been trained on the Colorado Liquor Code. He stated Mini Mart's policy is to card anyone 30 and under. He indicated they also keep a log of sales to anyone under 25. Authority member Poncelow made a motion, seconded by Authority member Crowfoot, to approve Richard Mart as manager of Mini Mart #858, 1801 North College. Authority member Schroeer cautioned Mr. Mart that his establishment is in a very vulnerable area and requested that he pay particular attention to that fact and exercise extreme caution. Mr. Mart stated he is aware of this and has added a second person from 10:00 p.m. to 6:00 a.m. on Saturday nights to provide double coverage because of the number of young people in the area. The vote on Authority member Poncelow's motion was as follows: Yeas: Cooper, Crowfoot, Mael, Poncelow, and Schroeer. Nays: None. THE MOTION CARRIED. Report of Change of Manager for Spudworks, 626 South College. Approved (Secretary's Note: Assistant City Attorney John Duval removed himself as legal counsel for the Authority on this item due to a conflict of interest.) Steven Teumer, manager, stated he has been employed at Spudworks for 7 years. He indicated he does not plan any changes in operations. He noted they have a license mainly as a convenience for customers and liquor sales are minimal. He stated he will be responsible for training employees. He indicated he is TIPS certified, as are 50 percent of the waitstaff, and that he has worked in other bars and licensed restaurants. Upon questioning from the Authority, he clarified the items concerning the arrests listed on his application. He stated there have been no liquor -related problems while he has been at Spudworks. Authority member Crowfoot made a motion, seconded by Authority member Schroeer, to approve Steven Teumer as manager of Spudworks, 626 South College. Yeas: Cooper, Crowfoot, Mael, Norton, Poncelow, and Schroeer. Nays: None. THE MOTION CARRIED. August 26, 1992 Registration of James Hardy as Manager of The Fort Collins Salad Company, 116 East Foothills Parkway, Approved James Hardy, manager, stated they hope to open November 1. He spoke of prior experience during his employment with The Denver Salad Company. He noted his familiarity with the liquor code. He stated that alcohol is a small percentage of their sales and indicated there were no violations in his previous employment. He noted he and 6 other managers will be training the staff. He stated they provide an orientation for all employees which covers checking ID's, as well as other policies, and the employees and managers sign a statement after training. He indicated that they serve beer and wine only, and there is no bar area. Authority member Crowfoot made a motion, seconded by Authority member Cooper, to approve James Hardy as manager of The Fort Collins Salad Company, 116 East Foothills Parkway. Yeas: Cooper, Crowfoot, Mael, Norton, Poncelow, and Schroeer. Nays: None. THE MOTION CARRIED. Consideration of Applications from the Eyeopeners Kiwanis Club of Fort Collins for Special Events Permits for Oktoberfest on September 26, 1992, at Oak Street Plaza and Old Town Square, Approved Armistead Hall, representing the Eyeopeners Kiwanis Club, stated that this was the second year the club is requesting a full liquor license for an event which dates back 15 years. He indicated they wish to offer beer and bratwurst at both locations, plus additional food items at Oak Street. He noted this is the Club's major fund-raiser, most of which is donated to projects benefiting Fort Collins youths. He stated the Club is seeking a full license in order to serve products from micro -breweries. Mr. Hall indicated there have been no liquor violations at previous events. He noted that only the 40 to 45 members from Eyeopeners Club serve beer, with members from other local Kiwanis Clubs assisting in non -alcohol related tasks. He stated training consists of talks he gives at meetings prior to the event. He indicated they control consumption by limiting sales to two beers per ID. He noted they monitor where the person takes the beer and what age any companions at the table appear to be. Authority member Schroeer made a motion, seconded by Authority member Crowfoot, to approve the applications from the Eyeopeners Kiwanis Club of Fort Collins for Special Events Permits for Oktoberfest on September 26, 1992, at Oak Street Plaza and Old Town Square. August 26, 1992 In response to questions from the Authority, Mr. Hall indicated he understood that the set-up and tear -down times must be included within the hours requested. Authority member Norton expressed her concern about tracking where beers are going when they are serving over 1,000 people during the busiest period. She suggested selling only one beer per ID. The vote on Authority member Schroeer's motion was as follows: Yeas: Cooper, Crowfoot, Mael, Norton, Poncelow, and Schroeer. Nays: None. W101 11117� t`t� IT101 I Consideration of an Application from High Plains Arts, Inc., dba Friends of Traditional Dance, for Special Events Permits at the Lory Student Center, Approved Randy Lumb, president and event manager, stated these events has been held for more than 10 years. He indicated there have never been any problems at prior events. He spoke of security arrangements. Authority member Norton made a motion, seconded by Authority member Cooper, to approve the application from High Plains Arts, Inc., dba Friends of Traditional Dance, for Special Events Permits at the Lory Student Center on September 18, 1992, January 23, 1993, and May 1, 1993. Yeas: Cooper, Crowfoot, Mael, Norton, Poncelow, and Schroeer. Nays: None. THE MOTION CARRIED. Request from Slappey Mountain Enterprise, Inc., dba Rocky Mountain Pasta Company, 1100 West Drake to Change, Alter, or Modify the Premises Found Substantial and Tabled Jim Slappey, owner, stated that the salad bar has been converted to an alcohol service bar. He indicated a 4' high wall has been added to separate the bar from the main dining room. He noted that a stage, dance floor, pool tables and video games have also been added. He stated that the total seating capacity has been reduced from 312 to 248. He indicated there is a small change in character of the establishment but there is no change in food to alcohol sales, which is currently 80 percent food and 20 percent alcohol. 11 August 26, 1992 Authority member Cooper made a motion, seconded by Authority member Schroeer, to find that the modification of Rocky Mountain Pasta Company, 1100 West Drake, is substantial. Yeas: Cooper, Crowfoot, Mael, Norton, Poncelow, and Schroeer. Nays: None. THE MOTION CARRIED. Authority member Poncelow made a motion, seconded by Authority member Schroeer, to schedule a public hearing for the next regular meeting to consider this request. Mr. Slappey stated he may not be in town for the next two months. He stated that he would like to proceed with the matter tonight. Authority member Poncelow stated she wanted to amend the motion to include that the premises be posted for 15 days. She stated that because of the substantial change in character of the business, she believes that the neighborhood around the premises should have an opportunity to respond to this change, particularly since the change has already occurred. Authority member Schroeer, as second to the motion, accepted the amendment as friendly. Mr. Slappey asked the Authority if his presence would be required at that hearing. Assistant City Attorney John Duval stated that Mr. Slappey could have an attorney or the restaurant manager make the presentation in Mr. Slappey's absence. Authority member Mael stated he would support the motion because he also believes the character of the establishment has changed significantly from when Mr. Slappey obtained the present license. He stated he believes, too, that the public should have the opportunity to voice their opinion before allowing the change. The vote on Authority member Poncelow's motion to schedule a hearing at the next regular meeting was as follows: Yeas: Cooper, Crowfoot, Mael, Norton, Poncelow, and Schroeer. Nays: None. THE MOTION CARRIED. Registration of Monique Vurro as Manager of Rocky Mountain Pasta Company, 1100 West Drake, Approved Monique Vurro, manager, stated she has been at the establishment since May 10. She indicated that she had prior experience serving alcohol in her employment in France, in Florida, and at the Fort Collins Ramada Inn. She noted that she has received training from the Fort Collins Police Department. She stated she will provide a 3-day training program for her employees. She noted the bartender and August 26, 1992 waitresses will card everyone 30 and under. Upon questioning from the Authority, he stated that pitchers of beer could not be carried from the bar into the restaurant. She indicated they have a bouncer when there is live entertainment. Authority member Cooper made a motion, seconded by Authority member Crowfoot, to approve Monique Vurro as manager of Rocky Mountain Pasta Company, 1100 West Drake. Yeas: Cooper, Crowfoot, Mael, Norton, Poncelow, and Schroeer. Nays: None. THE MOTION CARRIED. Request from Mulligan's, Inc., dba Mulligan's, 2439 South College, to Change, Alter, or Modify the Premises. Found Substantial Andy Michaels, owner, stated they have leased an additional 342 square feet of space to build a new kitchen facility in what was the dart room. He indicated that when the new kitchen is completed, the old kitchen will be converted into a new dart area. He noted there will be no increase in seating or occupancy load. He stated that food sales have grown over the last 12 months, necessitating the change. He indicated the kitchen would become part of the licensed premise. Authority member Crowfoot made a motion, seconded by Authority member Poncelow, to find the modification of Mulligans, 2439 South College, is substantial. Authority member Cooper stated he would support the motion. He indicated that although Mulligan's is not increasing in capacity, they are increasing the square footage of the licensed premises. He stated that according to the way the code is written, the modification does constitute a substantial change. Authority member Norton stated she would support the motion. She stated she believes the Authority could proceed with the request at this time because it's not a change in character or in serving. The vote on Authority member Crowfoot's motion was as follows: Yeas: Cooper, Crowfoot, Mael, Norton, Poncelow, and Schroeer. Nays: None. THE MOTION CARRIED. Andy Michaels, 2439 South College, was sworn. He presented a summary of the changes and some letters of support to the Authority. He reiterated the events leading up to the modification. He indicated he has submitted to the City Attorney a letter from an examiner with the Health Department, as well as letters from local business people who support the improvements to the establishment. Assistant City Attorney John Duval identified Applicant's Exhibit A as the summary of changes and Exhibits B through G as the letters of support. He noted they were admissible into evidence. n August 26, 1992 Mr. Michaels stated food sales from May 91 to 92 have doubled. He indicated that the food sales have been 17% to 18%. He noted they hope to increase food sales to 30%. He stated that when the establishment began, food was not the priority item, but right now food has become a bigger part of the business. Authority member Schroeer made a motion, seconded by Authority member Cooper, to approve the modification of Mulligan's, 2439 South College. Authority member Poncelow expressed her appreciation that there is going to be an increase in food in an establishment licensed as a tavern. She found this a very positive move. Authority member Mael stated he would support the motion. He thanked Mr. Michaels for his honesty in admitting that work had already started before the application was made. The vote on Authority member Schroeer's motion to approve the modifications was as follows: Yeas: Cooper, Crowfoot, Mael, Norton, Poncelow, and Schroeer. Nays: None. THE MOTION CARRIED. Transfer of Ownership of Pagoda Restaurant, 1002 North North College, Approved Woon Ki Lau, attorney, introduced Suk Yee Fong Tam, who, with her husband, is owner of the new corporation Lucky Cheong, Inc. Because Ms. Tam speaks limited English, Mr. Lau requested permission to serve as an interpreter. Mr. Lau stated there is no change in operation of the establishment and noted the name would remain the same and the existing waitstaff would continue employment. He noted a new menu will be introduced. Ms. Tam indicated alcohol sales were 10 percent. Mr. Lau stated Mrs. Tam will manage the floor while Mr. Tam will manage the kitchen. Mrs. Tam indicated she learned on the job while she was an employee at the Pagoda and that there were no violations while she was an employee. She noted she had no liquor experience prior to coming to the Pagoda. Authority member Crowfoot encouraged Mrs. Tam to work with the Police Department for training in managing a licensed establishment. Authority member Poncelow made a motion, seconded by Authority member Cooper, to approve the transfer of ownership of Pagoda Restaurant, 1002 North College, from Pagoda Enterprises, Inc., to Lucky Cheong, Inc. Yeas: Cooper, Crowfoot, Mael, Norton, Poncelow, and Schroeer. Nays: None. THE MOTION CARRIED. August 26, 1992 Transfer of Ownership of Sea Galley, 100 West Troutman Parkway, and Trade Name Change to Lone Star Steakhouse and Saloon. Approved David Osborn, attorney, introduced Scott Somes, vice-president for Lone Star Steakhouse and Saloon, Inc. Mr. Somes described the Lone Star concept and noted the food and alcohol sales ratio is typically 82 to 18 percent. He indicated that the bar is used primarily as a holding area. He noted that alcohol is served over the bar for waiting patrons as well as at the dining tables. He stated employees are trained in liquor service and tested on local and state laws, in addition to training from the local Police Department and the use of TIPS videos. Mr. Osborn indicated the restaurant will open in December and that Mr. Somes was aware that the manager will need to be approved prior to opening. Authority member Crowfoot made a motion, seconded by Authority member Cooper, to approve the transfer of ownership of Sea Galley, 100 West Troutman Parkway, from Savannah's Restaurant of Fort Collins, Inc., to Lone Star Steakhouse and Saloon of Colorado, Inc., and Trade Name Change to Lone Star Steakhouse and Saloon. Yeas: Cooper, Crowfoot, Mael, Norton, Poncelow, and Schroeer. Nays: None. THE MOTION CARRIED. Hearing on a New Application for a Beer and Wine License at Nimo's Sushi and Japanese Restaurant, 1220 West Elizabeth. #B1-2. Approved Hiroshi Nimota, owner, was sworn. He stated he has been in this country for 9 years and has 25 years of sushi experience. He indicated he had previous experience as a sushi chef in Denver and Littleton. He noted that Nimo's will offer traditional Japanese drinks, such as saki, along with wine and beer. He stated he will not have a full -service bar. He indicated the business is a 3- person operation, with his wife waitressing and serving the alcohol. He stated the hours of operation will be 11:30 a.m. to 2:00 p.m. and 5:00 p.m. to 10:00 p.m. He noted he had submitted petitions to the City Attorney for review. Assistant City Attorney John Duval identified Applicant's Exhibits A, B, and C as petitions and stated they were admissible into evidence. Authority member Poncelow made a motion, seconded by Authority member Crowfoot, to adopt Resolution 92-07 approving the application of Hiroshi Nimota for a beer and wine license at Nimo's Sushi and Japanese Restaurant, 1220 West Elizabeth #B1-2. August 26, 1992 Authority member Poncelow cautioned Mr. Nimota to be very aware of college students who may come into his establishment not for sushi but to purchase alcohol without being of age. Authority member Mael encouraged Mr. Nimota to get training from the Police Department. Mr. Hiroshi indicated that his wife does have liquor training and experience. The vote on Authority member Poncelow's motion was as follows: Yeas: Cooper, Crowfoot, Mael, Norton, Poncelow, and Schroeer. Nays: None. I IN am [0 80119i1_1[1319111 Other Business Rocky Mountain Pasta Company Authority member Mael spoke briefly of the earlier item with regard to Rocky Mountain Pasta Company. He expressed his concern about Mr. Slappey making modifications such as adding a bar and a dance floor prior to approval from the Authority. He stated that in accordance with Regulation 47-106.2, "After issuance of a license, the licensee shall make no physical change, alteration, or modification of the licensed premises which materially or substantially alters the licensed premise or the usage of the licensed premise from the plans and specifications submitted at the time of obtaining the original license without prior written consent of the local and state licensing authorities." Authority member Mael stated that with all this and Mr. Slappey's previous testimony in mind, he wished to make a motion, Authority member Mael made a motion, seconded by Authority member Schroeer, to find probable cause to schedule a show cause hearing for Rocky Mountain Pasta Company, 1100 West Drake Road, at the regular meeting in October. The Authority and Assistant City Attorney John Duval discussed how this would affect the request for modification of the premises to be held at the September meeting. Officer Krenning suggested including in the motion authorization for the Police Department to investigate and collect evidence to be used at the show cause hearing. Authority member Mael amended his motion to authorize the Police Department to investigate and collect evidence to be used at the show cause hearing, and he also requested transcripts or tapes of the meeting where the hotel -restaurant license was approved, plus Mr. Slappey's earlier testimony at this meeting. Authority member Schoreer, as the second to the motion, accepted the amendment as friendly. August 26, 1992 Authority member Cooper expressed reservations about holding a show cause hearing in October when Mr. Slappey had informed the Authority earlier in the evening that he will probably be out of town for the next two months. After more discussion, the Authority decided to have Ms. Harris work with Mr. Slappey on what could be worked out as far as scheduling the hearings. The motion was amended accordingly with the consent of the maker and the second. The vote on Authority member Mael's motion was as follows: Yeas: Cooper, Crowfoot, Mael, Norton, Poncelow, and Schroeer. Nays: None. THE MOTION CARRIED. Election of Officers Secretary Harris opened the meeting up to nominations for electing officers. Authority member Norton made a motion, seconded by Authority member Mael, to nominate Authority member Crowfoot as Chairperson. Authority member Poncelow made a motion to nominate Authority member Cooper as Chairperson. Authority member Cooper declined the nomination. Authority member Norton made a motion, seconded by Authority member Schroeer, to close nominations. Yeas: Cooper, Crowfoot, Mael, Norton, Poncelow, and Schroeer. Nays: None. THE MOTION CARRIED. Authority member Poncelow made a motion, seconded by Authority member Cooper, to nominate Authority member Schroeer as Vice Chairperson. Authority member Schroeer declined the nomination. Authority member Crowfoot made a motion, seconded by Authority member Mael, to nominate Authority member Norton as Vice Chairperson. Authority member Mael made a motion, seconded by Authority member Cooper, to nominate Authority member Wawro as Vice Chairperson. Secretary Harris polled each member for his/her vote: Cooper: Wawro Crowfoot: Norton Mael: Wawro Norton: Norton Poncelow: Norton Schroeer: Norton August 26, 1992 Secretary Harris noted that the November meeting is being canceled due to remodeling of the Chambers. Authority member Cooper informed the board that King Soopers has instituted a new policy where the clerk cannot ring up a beer sale without entering ID information into the computer. Authority member Norton noted that J.J. McCabe's has made a change in their advertising and is only promoting food, sports, and family dining. Adjournment Authority member Crowfoot made a motion, seconded by Authority member Schroeer, to adjourn. THE MOTION CARRIED. The meeting was adjourned at approximately 8:; Secretary