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HomeMy WebLinkAboutLiquor Licensing Authority - Minutes - 11/04/1987i LIQUOR LICENSING AUTHORITY Regular Meeting - November 4, 1987 6:36 P. M. A regular meeting of the Liquor Licensing Authority was held on Wednesday, November 4, 1987, in the Council Chambers of the Fort Collins Municipal Building. The following members were present: Bullard, Cooper, Morgan, Poncelow, Sommermeyer, Spaulding, 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. 1. Consider aonrovina Pho mina#ne of *6e 2. Renewals: a. Gene's Tavern, 200 Walnut 3. Transfer of Location (Boundary Hearing): a. Tony's Restaurant and Lounge, 244 South College Avenue 4. Registration of Manager: a. Jane Potter - Tortilla Marissa's, 2635 South College Avenue Authority member Veazie made a motion, seconded by Authority member Morgan, to adopt all items on Consent Calendar. Yeas: Bullard, Cooper, Morgan, Poncelow, Sommermeyer, Spaulding, and Veazie. Nays: None. Special Events Permit - Liquor CSU Music Department - December 3 4 & 5 1987 Mr. Lee Egbert, events manager, stated the Music Department will be performing the madrigal dinner productions on December 3-5 at the Lory November 4, 1987 Student Center. Mr. Egbert explained the activities and how the wine is dipsensed with dinner. He stated the servers are trained and will check for ID's. Authority member Poncelow made a motion, seconded by Authority member Cooper, to approve the special events permit for CSU Music Department on December 3, 4, and 5, 1987, at Lory Student Center. Yeas: Bullard, Cooper, Morgan, Poncelow, Sommermeyer, Spaulding, and Veazie. Nays: None. Modification of Premises King Sooners, 1015 South Taft Hill Road Mr. Joe Campanella, general manager, stated they are providing more shelf space for the beer and wine cooler items. He noted that there are nc modifications being made to the building or any increase in square footage. Authority member Veazie made a motion, seconded by Authority member Morgan, to determine that the modification is not substantial. Yeas: Bullard, Morgan, Poncelow, Sommermeyer, Spaulding, and Veazie. Nays: None. Abstain: Cooper. Transfer of Ownership Oriental House, 2900 Harvard Ms. Su Miao Chang, co-owner, stated she and her husband are applying for the transfer of the beer and wine license. She spoke of their previous work experience in the restaurant business. Ms. Chang stated she will be the manager of the restaurant and her husband will be the cook. She noted that theywill retain the two employees who work at the restaurant now. In response to a question by the Authority, Ms. Chang stated they are familiar with the liquor laws. She added that the employees are aware of the penalties if they violate the liquor laws. Authority member Bullard inquired of the financial arrangements for the purchase of the business. Authority member Veazie made a motion, seconded by Authority member Morgan, to approve the transfer of ownership for Oriental House, 2900 Harvard. Yeas: Bullard, Cooper, Morgan, Poncelow, Sommermeyer, Spaulding, and Veazie. Nays: None. Final Hearing for a Hotel -Restaurant License for Black Eyed Pea, 4312 South College Avenue Mr. Joel Judd, attorney representing the applicant, called his first witness. Mr. Tim Schmidt, was sworn, and stated he is the president of the corporation. He explained that there are four other locations in Colorado IPAI 0 November 4, 1987 and that the restaurant features a family atmosphere with a full menu and bar. Applicant's Exhibit E was submitted and identified as the menu. Mr. Schmidt explained the training policies with respect to liquor sales. He also stated how they selected the location to build the restaurant. Authority member Bullard inquired of the corporate structure and financial arrangements of the business. Authority member Spaulding noted the police background check on Mr. Gilliland, Jr., corporate officer. Mr. Schmidt responded and stated Mr. Gilliland will not be involved with this store's operation. Mr. Michael Fitz, general manager, was sworn and spoke of his background with the company. It was noted that he opened three of the other restaurants in Colorado. As general manager, Mr. Fitz stated his duties will oversee the training of employees and explained that a team from Dallas, Texas, conducts the initial training of employees prior to opening a new store. Ms. Eileen Swiers, was sworn, and stated she is employed by Market Service Associates, a petition survey firm. Applicant's Exhibit A was submitted and identified as the summary report. Applicant's Exhibits 8, C and D were submitted and identified as the petitions circulated on behalf of the application. Ms. Swiers explained the results of the report noting that 77% of the qualified individuals in the designated neighborhood signed in favor of the license. She added that these results are very positive. Mr. Leroy Virgil, 407 Towhee Street, Fort Collins, CO, was sworn and stated he has resided within the designated neighborhood for 7 years. He stated he supports the license. In addition, he pointed out that there is no other type family -style restaurant similar to this one currently located in the neighborhood. Authority member Spaulding made a motion, seconded by Authority member Veazie, to approve the hotel -restaurant license for the Black Eyed Pea, 4312 South College Avenue. Yeas: Bullard, Cooper, Morgan, Poncelow, Sommermeyer, Spaulding, and Veazie. Nays: None. The Chairman stated for the record that the testimony and documents presented by the applicant shows that there is prima facie evidence that the needs and desires of the current neighborhood are not being met. Authority member Veazie made a motion, seconded by Authority member Morgan, to approve the final resolution as presented. Yeas: Bullard, Cooper, Morgan, Poncelow, Spaulding, Sommermeyer, and Veazie. Nays: None. Authority member Veazie made a motion, seconded by Authority member Bullard, to approve the registration of manager on Michael Fitz for the Black Eyed Pea. Yeas: Bullard, Cooper, Morgan, Poncelow, Sommermeyer, Spaulding and Veazie. Nays: None. -3- November 4, 1987 Show/Cause Hearing for Old Town Liquors. 238 East Mountain Avenue Mr. Samuel Crimaldi, attorney, stipulated to the violation occurring on August 14, 1987. Authority member Veazie made a motion, seconded by Authority member Morgan, to determine that a violation did occur on August 14, 1987, at Old Town Liquors, 238 East Mountain Avenue. Yeas: Bullard, Cooper, Morgan, Poncelow, Sommermeyer, Spaulding, and Veazie. Nays: Nays. Mr. Crimaldi stated the employee, Chun Chi, was working the night of the violation when 5-6 patrons were in the store. He explained that Mr. Chi became confused with all of the activity and failed to check for an ID. He stated that Mr. Chi has completed a training course through the State. Mr. Chun Chi, employee, was sworn and responded to questions by the Authority. He stated the violation occurred on a busy Friday night and added that he now feels he would handle a similar situation better. It was noted that no previous violations have occurred under the current ownership. Authority member Bullard made a motion, seconded by Authority member Morgan, to levy a one -day suspension of the license to be served within the next 30 days at the convenience of the owner and that the premises be posted. Authority members Veazie and Spaulding stated they feel the suspension is too severe. The Chairman put the motion with the following votes: Yeas: Bullard, Cooper, Morgan, and Poncelow. Nays: Sommermeyer, Spaulding, and Veazie. Show/Cause Hearing for Albertson's. 731 South Lemav Avenue Mr. Visvaldis Jaunarajs, attorney representing the applicant, stated they will stipulate to the violation occurring on October 2, 1987. Authority member Veazie made a motion, seconded by Authority member Morgan, to determine that a violation did occur on October 2, 1987, at Albertson's, 731 South Lemay Avenue. Yeas: Bullard, Cooper, Morgan, Poncelow, Sommermeyer, Spaulding, and Veazie. Nays: None. Officer Ernie Tellez stated for the record that this is the establishments first violation. He recommended a one -day suspension of the license. Mr. Craig Cacciola, general manager, was sworn and explained the company policy with respect to the sale of beer. A sign was displayed which says -4- 0 0 A November 4, 1987 "Check ID's--keeping your job depends on it". It was noted that the sign is posted in the employees lounge at all times as a reminder to check ID's. Mr. Cacciola explained that the employee who violated the law had just reported a shoplifter. Upon returning to his register, the manager to whom he reported the shoplifter to went outside to stop the individual. Mr Cacciola stated the employee was not concentrating and forgot to check for the ID. It was noted that the employee has been terminated according to the company policy. The Authority suggested ways the store could red flag beer items so that in a check out line the,employee must stop and check for an ID. Authority member Bullard made a motion, seconded by Authority member Spaulding, to levy a one -day suspension of the license to be served within the next 30 days at the convenience of the owner on a regular business day and that the premises be posted. Yeas: Bullard, Cooper, Morgan, Poncelow, Sommermeyer, Spaulding, and Veazie. Nays: None. Show/Cause Hearing for Handi Pak, 1311 North College Avenue Mr. Harley Pickett, co-owner, was sworn and stipulated to the violation. Authority member Veazie made a motion, seconded by Authority member Morgan, to determine that a violation did occur on October 2, 1987, at Handi Pak, 1311 North College Avenue. Officer Ernie Tellez stated there was one other violation at this establishment in August, 1983. Since that time, he stated the business has passed two spot compliance checks. He stated he has no recommendation. Mr. Pickett stated his sister was working in the store at the time of the violation. He offered no excuse and stated it was human error. Mr. Pickett stated his sister has received training and has been known to check ID's on people over 35 years old. Authority member Veazie commended the establishment on two successful spot compliance checks and a clean record for the past five years. Authority member Veazie made a motion, seconded by Authority member Morgan, to issue a letter of reprimand to the owner of the establishment. Authority member Bullard stated he is in favor of the sanction although he feels it is difficult to rationalize. He added that perhaps the Authority needs to come up with a basis for determining sanctions. Authority member Spaulding stated she would oppose the letter of reprimand and noted that Albertson's (hearing prior to this one) received a suspension. -5- November 4, 1987 The Chairman put the motion with the following votes: Yeas: Bullard, Cooper, Morgan, Poncelow and Sommermeyer, and Veazie. Nays: Spaulding. Police Report Detective Paul Landolt stated there is no report this month. Other Business At the September 9 meeting, the Authority directed staff to research implementing a fine in lieu of suspension procedure. Authority member Bullard assisted Assistant City Attorney Steve Roy in this research and Steve gave the following report. He stated if the Authority were to pursue the matter, a proposal to City Council containing suggested procedures for the process would need drafting. In addition, he suggested that a letter be mailed to all licensed establishments polling them whether they would or would not support a fine in lieu of suspension procedure. In the event such procedure is implemented, he explained that the process would be a two-step process. To further explain, he stated a hearing would be conducted in the usual manner. If the licensee is given a suspension, they have the option to petition for a fine rather than serving the suspension. It is then necessary to gather the proper information to implement a fine equivalent to 20% of the estimated gross revenues during the period of time of the proposed suspension. Steve also stated the Authority could consider making a request before the City Council to set up a Local Liquor Licensing Authority fund. After some discussion, the Authority directed staff to prepare a mailing to all licensed establishments for their input. A further decision will be made based on the result of the poll. Adjournment Authority member Veazie made a motion, seconded by Authority member Morgan, to adjourn. The Chairman put the motion to vote which was unanimously adopted. The meeting was adjourned at approximately 8:35 p. 4 ACha' an Sec faarlyJa [ 10