Loading...
HomeMy WebLinkAboutLiquor Licensing Authority - Minutes - 01/27/19880 0 LIQUOR LICENSING AUTHORITY MINUTES Regular Meeting - January 27, 1988 6:40 P.M. A regular meeting of the Liquor Licensing Authority was held on Wednesday, January 27, 1988, in the Council Chambers of the Fort Collins Municipal Building. The following members were present: Bullard, Cooper, Morgan, Poncelow, and Spaulding. Authority Members Absent: Sommermeyer and Veazie. Staff Members Present: Debbie Duval, City Clerk's Office Paul Landolt, Police Department Steve Roy, City Attorney's Office Consent Calendar This calendar is intended to expedite the hearings and allow the Authority to spend its time and energy on the more controversial items on a lengthy agenda. Anyone may request an item on this calendar be "pulled" off the Consent Calendar and considered separately. Items pulled by anyone in the audience, the Authority, or staff will be discussed immediately following the Consent Calendar. Items of extreme controversy will be discussed near the end of the meeting under Pulled Consent Items. 2. New Application (Boundary Hearing): a. Consider accepting a new application for a Hotel -Restaurant license for CGTV, Inc., dba Sneeze's Sports Emporium, 829 South Shields. 3. Transfer of Location (Boundary Hearing): a. Consider accepting an application for a transfer of location on a Hotel -Restaurant license for An American Bistro, Ltd., 115 East Mountain Avenue to 647 South College Avenue dba Cafe Columbine. Authority member Poncelow pulled Item #2 from the Consent Calendar. Authority member Spaulding made a motion, seconded by Authority member Morgan, to approve the Consent Calendar with the exception of Item #2. Yeas: Bullard, Cooper, Morgan, Poncelow and Spaulding. Nays: None. January 27, 1988 Pulled Consent Item #2 Sneeze's Sports Emporium, 829 South Shields Boardmember Poncelow inquired of the location for the proposed establishment. The boundaries as proposed by the Administration were as follows: North from the subject premises to Laporte Avenue West from the subject premises to Taft Hill Road South from the subject premises to Stuart ext. E. to Prospect Road East from the subject premises to College Avenue Mr. Thomas Veneziano, co -applicant, stated the boundaries are acceptable. Authority member Spaulding made a motion, seconded by Authority member Poncelow, to accept the new application, accept the boundaries as proposed and set the final hearing for February 24, 1988. Yeas: Bullard, Cooper, Morgan, Poncelow, and Spaulding. Nays: None. Change in Corporate Structure Laughing Dog Saloon, 3700 South Mason Mr. Otis Beach, attorney representing the applicant, stated Mr. Lee DeHart, previously 19% stockholder has purchased 100% of the stock of Penny -Wilson, Ltd. Mr. Beach stated the same corporation will remain the lessee, however, an assignment of the lease has not yet been filed with the City. Assistant City Attorney Steve Roy advised the Authority that the matter could be approved conditionally with the understanding that the current principles still operate the business until approval from the landlord is submitted, as required in the lease. Authority member Spaulding made a motion, seconded by Authority member Poncelow, to conditionally approve the change in corporate structure for Penny -Wilson, Ltd., dba Laughing Dog Saloon, 3700 South Mason. Yeas: Bullard, Cooper, Morgan, Poncelow, and Spaulding. Nays: None. Final Hearing and Resolution for B & B's Pickle Barrel, 122-124 West Laurel Mr. Robert Piccaro, co-owner, was sworn. Ms. Brenda Smith, co-owner, was also sworn. Mr. Piccaro stated they are applying for a hotel -restaurant due to the restrictions in the law but indicated they will only serve beer and wine. He stressed that the beer and wine will be served to complement the food and that there will be no bar atmosphere. Mr. Piccaro went on to explain that the atmosphere will be a delicatessen, offering a variety of hot and -2- 0 0 January 27, 1988 cold foods. In response to a question by the Authority, Mr. Piccaro projected that approximately 15% of their sales will be in beer and wine. Mr. Piccaro and Ms. Smith spoke of their background and experience. The Authority stated they have received all of the required forms for the background investigation and all is in order. In response to a question by the Authority, Mr. Piccaro stated his father has bought the building and the corporation leases the space with an option to buy. The floor plan was discussed, as well as the hours of operation and number of employees. Applicant's Exhibit 1 was submitted and identified as petitions containing approximately 820 signatures in favor of the license. It was noted that at the last hearing, the number, type and location of similar locations was considered by the Authority. Mr. Piccaro stated that all signatures were circulated according to the verification of circulator as required by the City. He stated there were only a few people who refused to sign the petition. Ms. Gail Cotton, business owner at 126-128 West Laurel, was sworn and inquired of the applicants as to whether they can guarantee that alcohol sales will be limited to beer and wine only. Mr. Piccaro responded saying that the license will be limited to beer and wine. To further address the parking issue, Mr. Piccaro stated there are 15 spaces in the back. Mr. Clyde Canino, business owner at 613 South College Avenue, was sworn and spoke in opposition to the license as a representative of the neighborhood. Mr. Canino pointed out that there are over 20 other hotel -restaurant licenses in the neighborhood and questioned whether there is a need for another license. Mr. Canino told the Authority that the neighborhood is very concerned with the quality of.life in the neighborhood. Ms. Jean Kamal, resident of 645 Whitcomb, was sworn and stated her concern with the number of restaurants in the area. She stated bars do not enhance a neighborhood. Ms. Kamal stated she wants to see the neighborhood be very viable in a positive way. Ms. Susan Osborn, business owner at 605 South Mason, stated she opposes the license. She stated the applicant is applying for a certain type of license just to get around the law. Mr. Piccaro spoke in rebuttal. He stated he would prefer to apply for a Beer and Wine license since the fees are higher for the Hotel -Restaurant license but explained that municipal laws prohibits this. He stated that he is a resident of the neighborhood and also very concerned with the quality of life. In closing, Mr. Piccaro summarized that the 800 signatures shows that there is a need and desire in the neighborhood area. Ms. Kamal inquired whether Mr. Piccaro would convert the restaurant into a bar if the business fails. Mr. Piccaro responded stating that the establishment would not be converted into a bar and that if business is poor he would opt to sell the business. -3- January 27, 1988 Authority member Spaulding made a motion, seconded by Authority member Cooper, to approve the hotel -restaurant license for B & B's Pickle Barrel, Inc. dba B & B's Pickle Barrel, 122-124 West Laurel Street. Yeas: Bullard, Cooper, Morgan, Poncelow, and Spaulding. Nays: None. Authority member Cooper and Bullard commented for the record that the needs of the neighborhood have been shown and feel that the license should be granted. Authority member Morgan stated that if problems should arise as a result of issuing the liquor license, the Authority would be notified and appropriate action would be taken. Authority member Poncelow made a motion, seconded by Authority member Morgan, to approve the final resolution as presented. Yeas: Bullard, Cooper, Morgan, Poncelow and Spaulding. Nays: None. Show/Cause Hearings Continued for King Sooners. 2325 South College and 1015 South Taft Hill A letter was submitted from legal counsel for King Soopers requesting that the hearings be tabled to February 24 or March 23 due to a scheduling conflict. Authority member Spaulding made a motion, seconded by Authority member Morgan, to reschedule the hearings for both the South College and South Taft Hill stores on February 24, 1988. Yeas: Bullard, Cooper, Morgan and Spaulding. Nays: Poncelow. The Authority granted a request from Johnny's Liquors to schedule the show/cause hearing for March 23 instead of February 24. Police Report Detective Paul Landolt reported that he inspected the premises of Comedy Works, as directed by the Authority, and found that no conditions have changed, i.e. there are still limited kitchen facilities and sandwiches are being served. He added that the manager admitted to there being no plans for installation of a kitchen. In response to a question regarding the monthly report of the Comedy Works, Assistant City Attorney Steve Roy stated he has instructed the general manager that if half of the cover charge figures are added into the food figure then the same half has to also be figured into the gross figure. After further discussion, the Authority decided to discuss the matter further on February 24 to determine whether the reports being filed, as required by the Authority, are true and accurate figures. The Authority may also decide whether probable cause exists to schedule a show/cause hearing. -4- January 27, 1988 i Assistant City Attorney Steve Roy stated that the judge ruled in favor of the City on the Saddle Up Liquor appeal. He explained that the establishment will now have to serve the two-day suspension originally imposed. Steve distributed copies of the draft ordinance implementing a fine in lieu of suspension procedure. He explained that before the draft goes before City Council, the finance department will need to give their stamp of approval in creating a separate fund for the Authority. He pointed out that City Council will have final approval whether the fund is created. Steve stated that if there are problems with this draft, he will bring it back to the Authority for further review before approaching City Council. The Authority decided to schedule the matter for further discussion at the February 24 meeting. Chairman Pete Bullard distributed copies of a memo he had drafted to go to Police Chief Bruce Glasscock concerning the Police Department staff liaison and the priority given to the Authority. Some Authority members stated some other items could be addressed. It was decided that the issue of priority would be the only item addressed at this time. The Authority made it very clear in their continents that the memo in no way reflects any dissatisfaction with the current liaison, Paul Landolt. It was decided to send the memo out right away with a carbon copy to Council liaison Bob Winokur. Authority member Carl Cooper informed the other members that he will be attending a school in Chicago during the months of April and May and will not be present at those meetings. Adjournment Authority member Spaulding made a motion, seconded by Authority member Poncelow, to adjourn. The Chairman put the motion to vote which was unanimously adopted. The meeting was adjourned at approximately 9:00 p.m. Chairman Secretary -5-