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HomeMy WebLinkAboutLiquor Licensing Authority - Minutes - 11/30/1988• LIQUOR LICENSING AUTHORITY MINUTES Regular Meeting - November 30, 1988 6:37 p.m. A regular meeting of the Liquor Licensing Authority was held on Wednesday, November 30, 1988, in the Council Chambers of the Fort Collins Municipal Building. The following members were present: Bullard, Denmark, Gadsby, Garber, and Spaulding. Authority Members Absent: Cooper and Poncelow Staff Members Present: Kathy Allin, City Attorney's Office Rita Knoll, City Clerk's Office Sandy Gibson, Police Department Consent Calendar This 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 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. Items of extreme controversy will be discussed near the end of the meeting under Pulled Consent Items. 1. Consider approval of the minutes of the November 2, 1988 regular meeting. 2. Change of Corporate Structure - Longs Drugs 743 South Lemay Longs Drug Stores California, Inc., the 3.2% beer licensee for Longs Drugs, 743 South Lemay, is reporting a change of corporate officers. A representative of Longs Drug Stores California, Inc. WILL NOT be present at this meeting. 3. Change of Corporate Structure A. Vicker's #2487, 2025 South College. B. Vicker's #2622, 200 West Horsetooth. C. Vicker's #2623, 221 West Prospect. Items A through C represent a change of corporate structure for Metro Oil Company, the 3.2% beer licensee for the Vicker's stores in Fort Collins. Changes in officers and directors have occurred. This change of corporate structure was filed directly with the State Liquor Enforcement Division, which has issued a new master file letter indicating the satisfactory results of its background investigation of November 30, 1988 Fl the new individuals. Approval by the local authority is requested based upon the State's investigation and acceptance of the reported changes. A representative of Metro Oil Company WILL NOT be present at this meeting. Change of Corporate Structure - Skipper's Seafood N Chowder House #248 2315 South College This item represents a change of corporate structure for Skipper's Seafood, Inc., the hotel -restaurant licensee for Skipper's Seafood N' Chowder House. Changes in officers and directors have occurred. This change of corporate structure was filed directly with the State Liquor Enforcement Division, which has issued a new master file letter indicating the satisfactory results of its background investigation. Approval by the local authority is requested based upon the State's investigation and acceptance of the reported changes. A representative of Skipper's Seafood, Inc. WILL NOT be present at this meeting. Registration of Manager - The Prime Minister's Pub and Grill 3905 South College The Prime Minister's Pub and Grille, Inc., the hotel -restaurant licensee for The Prime Minister's Pub and Grille, is requesting approval of Christopher Brown as manager of the establishment. Mr. Brown has been an owner/manager of Meatballs since December, 1986, and has recently been employed as manager of The Prime Minister. Mr. Brown WILL NOT be present at this meeting. New Application (Boundary Hearing) - Schrader's Country Store #250 940 South Lemay Schrader Oil Company is applying for a 3.2% beer license for Schrader's Country Store #250, 940 South Lemay. Final hearing on this application will be scheduled for January 4, 1989. A representative of Schrader Oil Company WILL NOT be present at this meeting. New Application (Boundary Hearin9) - Cozzola's Pizza 241 Linden Mountain Dog, Inc., the owner of submitted an application for a location. Final hearing on this January 4, 1989. A representative present at this meeting. Cozzola's Pizza, 241 Linden, has beer and wine license for that application will be scheduled for of Mountain Dog, Inc. WILL NOT be Transfer of Ownership and Trade Name Change - Catacombs Restaurant 115 South College This is a request to transfer Restaurant, 115 South College, Zentveld, Inc. In addition, this the ownership of the Catacombs from the Unicorn Corporation to application requests a change of -2- • • November 30, 1988 trade name from the Catacombs Restaurant to Nico's Catacombs. A representative of Zentveld, Inc. WILL NOT be present at this meeting. Authority member Bullard requested Item #8 be removed from the Consent Calendar. Authority member Spaulding made a motion, seconded by Authority member Garber, to adopt and approve all items not removed from the Consent Calendar. Yeas: Bullard, Denmark, Gadsby, Garber, and Spaulding. Nays: None. THE MOTION CARRIED. Transfer of Ownership and Trade Name Change Catacombs Restaurant, 115 South College Authority member Bullard asked for a clarification of the staff report on this item. It was noted that the staff report contained a typographical error and that the report should indicate that the Police Department was able to verify a conviction for DUI in February 1982 for Nico Zentveld. Authority member Spaulding made a motion, seconded by Authority member Garber, to approve the transfer of ownership of the Catacombs Restaurant, 115 South College, from the Unicorn Corporation to Zentveld, Inc., and to approve the trade name change from the Catacombs Restaurant to Nico's Catacombs. Yeas: Bullard, Denmark, Gadsby, Garber, and Spaulding. Nays: None. THE MOTION CARRIED. Registration of Craig Campbell as Craig Campbell stated that he was assuming the duties of general manager for the Fort Collins Marriott. He explained that prior to this time, the establishment has been managed by one of the owners of R.D. Roush Management Company, Inc., the liquor licenseholder. Mr. Campbell summarized his background in the hotel/restaurant business. He spoke of the training he has received in food and beverage service. He stated he was familiar with the liquor code and has been responsible for training other employees regarding liquor enforcement for the past 12 months. He spoke of prior liquor violations by the establishment and described efforts made to avoid future violations. Authority member Gadsby made a motion, seconded by Authority member Garber, to approve the registration of Craig Campbell as the manager of the Fort -3- • • November 30, 1988 Collins Marriott Hotel, 350 East Horsetooth. Yeas: Bullard, Denmark, Gadsby, Garber, and Spaulding. Nays: None. THE MOTION CARRIED. Registration of Mike Shannon as Manager of The Armadillo. 354 Walnut Mike Shannon, 613 Blue Mesa, described his background and experience relating to the sale of liquor. He stated that there have not been any liquor violations during his employment as manager at other establishment. He stated he was familiar with the liquor laws and described the training provided to employees. Mr. Shannon stated he has been employed at the general manager since February. Authority member Bullard pointed out that managers are required to register within 30 days of their employment and noted that technically The Armadillo was in violation of the Code. Authority member Spaulding made a motion, seconded by Authority member Gadsby, to approve the registration of Mike Shannon as manager of The Armadillo, 354 Walnut. Yeas: Bullard, Denmark, Gadsby, Garber, and Spaulding. Nays: None. THE MOTION CARRIED. After discussion, it was the consensus of the Authority to send a letter of concern to the corporate office of The Armadillo regarding the late registration of Mike Shannon. Final Hearing on a Change of Location for Joe's Fireside Cafe. from 311 South College to 238 South College (Secretary's Note: The applicant requested this item be tabled until January 4, 1989.) Authority member Garber made a motion, seconded by Authority member Spaulding, to table the final hearing for Joe's Fireside Cafe to January 4, 1989. Yeas: Bullard, Denmark, Gadsby, Garber, and Spaulding. Nays: None. THE MOTION CARRIED. Transfer of Ownership of the Alcohol Concession at the Lincoln Center, 417 West Magnolia, from J.C. Ways and Means, Inc., dba Choice City Concessions, Inc.. to Carolyn Benson dba High Spirits Carolyn Benson, 2253 Augusta Court, Loveland, explained that she would be taking over the alcohol concession at the Lincoln Center on January 1, -4- • November 30, 1988 1989, contingent upon approval of the liquor license. that John Grchan was providing a $10,000 investment purchase the inventory necessary to begin operation. Ms. Benson explained in the business to Authority member Bullard questioned whether a background investigation was necessary for financial lenders. Ms. Benson stated she managed the food service at the Loveland Hewlett-Packard for 13 years and that liquor was served at many of the functions. She stated she hired people to tend bar, ordered the liquor, and supervised the liquor service. She stated she was currently learning the liquor code and spoke of how she intends to train employees. She stated she intended to attend one of Ernie Tellez's liquor seminars in December. Ms. Benson stated she has hired an assistant who is experienced in the service of liquor. Dave Siever, Director of Cultural Services and Facilities, stated that the terrace area at the Lincoln Center is now being included in the licensed premises. He described the events that will probably take place in the terrace and noted that the alcohol concession would be set up right outside of the building. He described the brick walls and iron fencing which surrounds the terrace. He expressed a willingness to modify the entrances to the terrace should a problem arise with containing the consumption of alcohol within the terrace. Mr. Siever explained that the alcohol concession is bid for a one-year period with an automatic extension for an additional year if there have been no problems. He stated the concession went to bid earlier this year and was awarded to Carolyn Benson. Authority member Denmark made a motion, seconded by Authority member Gadsby, to approve the transfer of ownership of the alcohol concession at the Lincoln Center, 417 West Magnolia, from J.C. Ways and Means, Inc., dba Choice City Concessions, Inc., to Carolyn Benson, dba High Spirits. Authority member Garber questioned whether the issue of the financial lender had been resolved. He indicated he thought a background investigation may be in order. Assistant City Attorney Kathy Allin stated the State law says no license shall be issued to or held by any person financed in whole or in part by any person who is not of good character and reputation satisfactory to the respective licensing authorities. She stated the Authority has the option of looking into the background of an individual loaning money to a prospective licensee. She suggested the Authority give some direction to staff as to the circumstances under which an investigation should be done. She suggested the Authority may want to approve the application contingent upon a satisfactory background investigation of the lender. Authority members Denmark and Gadsby agreed to amend their motion to include that the transfer is contingent upon a favorable background investigation of the financial lender, John Grchan. 1611 0 • November 30, 1988 The vote on Authority member Denmark's motion to approve the transfer of ownership was as follows: Yeas: Bullard, Denmark, Gadsby, Garber, and Spaulding. Nays: None. THE MOTION CARRIED. Transfer of Ownership of Upper Crust, 802 South College. and Trade Name Change to Pizza 2001 Alan Martin, 3100 Laredo Lane, stated he is seeking to transfer the ownership of the Upper Crust to himself, and noted he will be operating the establishment as Pizza 2001. He stated the Pizza 2001 near the Foothills Mall is owned by Pizza 2001, Inc., while this location will be owned by him as an individual. Mr. Martin stated this location will be operated the same as the south store. He indicated there will be no physical changes to the licensed premises. Mr. Martin spoke of his policy for checking identification prior to serving beer to an individual and described the training that will be provided to his employees. He stated he will be the manager for the establishment. Authority member Spaulding made a Garber, to approve the transfer of College, from James Arnold to Alan trade name from the Upper Crust to Gadsby, Garber, and Spaulding. Nays THE MOTION CARRIED. motion, seconded by Authority member ownership of the Upper Crust, 802 South Martin, and to approve the change of Pizza 2001. Yeas: Bullard, Denmark, None. Registration of Saleh Soliman as Manager of Red Lobster Restaurant #393, 3301 South College (Secretary's Note: Saleh Soliman did not appear at this meeting.) Authority member Garber made a motion, seconded by Authority member Spaulding, to table this item to January 4, 1989, and directing staff to send a letter requesting Mr. Soliman's appearance at that meeting. Yeas: Bullard, Denmark, Gadsby, Garber, and Spaulding. Nays: None. THE MOTION CARRIED. Police Report Officer Ernie Tellez briefly described alleged violations that occurred at Archers, 3524 South Mason, and The Page, 181 North College, relating to sale of alcoholic beverages to a person under the age of 21 years. Authority member Spaulding made a motion, seconded by Authority member Denmark, to determine that probable cause to believe that a violation 0 November 30, 1988 occurred exists for both establishments and to schedule show cause hearings on January 4, 1989. Yeas: Bullard, Denmark, Gadsby, Garber, and Spaulding. Nays: None. THE MOTION CARRIED. (Secretary's Note: At its November 2 meeting, the Authority requested Ms. Gibson check into the possibility that a liquor violation occurred at The Junction in conjunction with an incident that happened October 4, 1988.) Investigator Sandy Gibson stated she had had an opportunity to interview three of the four boys involved in the incident that happened on Laurel Street on October 4, 1988. She stated she was able to determine that all four boys were served alcoholic beverages at The Junction on October 4. She stated the individuals were served several beers and mixed drinks within a two-hour period. Ms. Gibson stated the Police Department has no evidence to prove that this occurred, other than testimony from the four individuals who were served. She noted criminal charges relating to alcohol consumption have not been filed against the four underage individuals. Authority member Denmark expressed concern about this incident, noting the establishment proximity to CSU and the severity and length of the violation. He stated he thought the matter should be pursued. Authority member Spaulding agreed with Authority member Denmark, noting she did not want to let the matter drop. Authority member Garber stated he believed show cause hearings should be held when reasonable grounds are present. He noted this incident involved more serious law violations than violation of the liquor code, and indicated that the educational value of a show cause hearing was important. He stated he believed the circumstances of this particular situation were more valid for conducting a show cause hearing than many of the violations found during compliance checks. Ms. Gibson stated she could subpoena the four individuals. Authority member Spaulding made a motion, seconded by Authority member Gadsby, to determine probable cause for a violation of Section 12-47-128(5)(a)(I) of the Colorado Liquor Code, and, if applicable, a violation for allowing consumption by an underage individual on the premises, and to schedule a show cause hearing for February 1, 1989. Yeas: Bullard, Denmark, Gadsby, Garber, and Spaulding. Nays: None. THE MOTION CARRIED. Sandy Gibson requested direction on the scope of background investigations. She explained the difficulty in verifying some of the information obtained through a background check, and the difficulty in determining the disposition of certain charges. -7- • 0 November 30, 1988 After discussion, it was the concensus of the Authority that misdemeanors and traffic violations that occurred more that five years ago can be excluded from the report, unless the Police Department believes a particular incident is relevant to the application. Authority member Bullard suggested that any individual who has a financial interest exceeding $5,000 or a 5% interest in a business should be subjected to a background investigation, unless the interest is held by a recognized financial institution. After discussion, the Authority agreed with Authority member Bullard's suggestion. Other Business Rita Knoll advised the Authority that the City Code requires all boards and commissions to file work plans for the upcoming year by November 30th. She indicated that she would draft a work plan which indicates a work session will be held in 1989 to discuss possible revisions to the City Code relating to liquor licensing and that the Authority will continue to hear applications as they are submitted and to conduct show cause hearings when appropriate. The Authority agreed that that work plan would be acceptable. It was noted that when the Authority reviews the Code, a recommendation to Council to delete the requirement for the Authority to submit a work plan might be desirable. Authority member Gadsby requested a letter be sent to the Chamber of Commerce commending them for their compliance with the Liquor Code. Authority member Bullard pointed out that it was time for the election of officers. It was decided to conduct the election of officers in January since two Authority members were not present at the meeting. Ad3ournment Authority member Garber made a motion, seconded by Authority member Gadsby, to adjourn. Yeas: Bullard, Denmark, Gadsby, Garber, and Spaulding. Nays: None. THE MOTION CARRIED. The meeting was adjourned at approximately 8:55 p.m. tiw.Wpefton /C2-4 Secretary