HomeMy WebLinkAboutLiquor Licensing Authority - Minutes - 10/07/1987U
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LIQUOR LICENSING AUTHORITY
Regular Meeting - October 7, 1987
6:35 P.M.
A regular meeting of the Liquor Licensing Authority was held on Wednesday,
October 7, 1987,. in the Council Chambers of the Fort Collins Municipal
Building. The following members were present: Bullard, Cooper, Morgan,
Poncelow, Spaulding, and Veazie. (Secretary's Note: Authority member
Morgan arrived approximately 7:00 p.m.)
Authority Members Absent: Sommermeyer.
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.
Consider approving the minutes of the regular meeting of September 9
1987.
Renewals:
Albertson's, 3660 South Mason
Saddle Up Liquors, 1015 South Taft Hill
New Application (Boundary Hearing):
a. Black Eyed Pea, 4312 South College Avenue
Authority member Bullard made a motion, seconded by Authority member
Spaulding, to adopt all items on Consent Calendar. Yeas: Bullard, Cooper,
Poncelow, Spaulding, and Veazie. Nays: None. (Secretary's Note:
Authority member Veazie abstained from voting on Item #1.)
October 7, 1987
Special Events Permit - 3.2%
Eveopener's Kiwanis Club - October 24 1987
Mr. Jim O'Neill, representative, stated the club is applying for a second
permit this year to be held in the Old Town Square area. He noted the club
has applied for a permit at Oak Street Plaza also for the 24th of October.
Mr. O'Neill explained the event is the 10th annual Oktoberfest and that
live entertainment, food, beverages and beer will be provided. He stated
the members will be serving the beer and explained they have received
training from previous years. In addition, he stated off -duty police will
be present. The Authority inquired whether one organization can hold two
permits at two different locations on the same day. Assistant City
Attorney replied that nothing in the statutes would prevent the
organization from holding two permits at different locations on the same
day.
Authority member Bullard made a motion, seconded by Authority member
Spaulding, to approve the special events permit for Eyeopener's Kiwanis
Club on October 24 at Old Town Square. Yeas: Bullard, Cooper, Poncelow,
Spaulding, and Veazie. Nays: None.
Modification of Premises
Tortilla Marissa's, 2635 South College Avenue
Mr. Doug DeMercurio, owner, stated he has made some structural changes to
the existing building. He explained the modifications made to the kitchen
and bathrooms. He noted that the square footage previously approved will
not change. However, he stated seating capacity will decrease about five
seats for a total of 64 seats. Mr. DeMercurio also stated space has been
added for an office, and the exit on the patio has been relocated.
Authority member Poncelow made a motion, seconded by Authority member
Bullard, to determine that the expansion is not substantial. Yeas:
Bullard, Cooper, Poncelow, Spaulding, and Veazie. Nays: None.
Registration of Manager
Scout 66, 320 North College Avenue
Mr. Rodney Thompson, general manager, was present. The Authority inquired
as to why information regarding an arrest was not disclosed on his
application. Mr. Thompson explained the incident and stated the matter has
been stricken from his record. Mr. Thompson stated he did not recall the
question on the application and assured the Authority he did not attempt to
hide anything. Mr. Thompson spoke briefly of his background and stated he
is familiar with the beer laws.
Authority member Bullard made a motion, seconded by Authority member
Spaulding, to approve the registration of manager on Rodney Thompson for
Scout 66, 320 North College Avenue. Yeas: Bullard, Cooper, Poncelow,
Spaulding, and Veazie. Nays: None.
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October 7, 1987
Show/Cause Hearing
Comedy Works, No. 7 Old Town Souare Suite 114
Detective Paul Landolt, was sworn, and stated he conducted an inspection of
the premises on October 6 and reported that sandwiches are available on the
premises. Paul indicated there was a microwave and meat slicer on the
premises but added no other kitchen facilities exist.
Mr. Ed Nichols, co-owner, was sworn and stated the club began serving a
buffet the evening following the last hearing (Sept. 10), as was directed
by the Authority. Mr. Nichols explained that a buffet is served prior to
the show and sandwiches are available later in the evening. He stated a
small loan was obtained from a bank for purposes of purchasing some kitchen
equipment. Mr. Nichols stated more equipment will be added. He continued
to explain that the food program will continue to expand by adding nachos,
soup, meals, etc. In response to a question by the Authority, Mr. Nichols
stated he feels the club will eventually meet the 25% food requirement. He
stated they do not intend to apply for a tavern license at this time.
(Secretary's Note: Authority member Morgan arrived at this time.)
Mr. Nichols stated that at the advise of their attorney, 50% of the door
sales can be applied to the 25% food requirement since the buffet is free
of charge. He went on to suggest that their business is a unique type of
establishment, primarily a theatre nightclub, which is different from any
other classification of liquor license. With respect to their failure to
register a manager, Mr. Nichols stated they are now aware of the law and
will obtain a copy of the state code to train their current manager.
Assistant City Attorney Steve Roy stated he will have to research whether
it is allowable to apply a percentage of doors sales to the 25% food
requirement.
Ms. Lisa Jenkins, general manager, was sworn and stated she has attended
the city's seminar on liquor laws. She added that she will review the
state code once it can be obtained.
Authority member Bullard suggested that the Authority give the
establishment some time to come into compliance; and until such deadline, a
monthly status report be provided to the city containing information on
food/beverage ratios of the club's total sales.
Mr. Nichols was agreeable to this idea and stated the club would request at
least six months to come into compliance.
In response to the Authority's request for a recommendation, Detective
Landolt stated no recommendation will be provided. However, he stated the
establishment has been in violation since they opened in December of 1986.
Authority member Morgan inquired of how one would order food on the
premises during the show. Upon receiving a response, he stated he was
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October 7, 1987
Present in the club five days ago and was told he would have to wait until
the show was over and go somewhere else to eat. Authority member Morgan
then stated he would abstain from voting on this item.
Ms. Jenkins stated that food has been available since Sept. 10 and that she
was not made aware of the situation.
Authority member Bullard made a motion to suspend the license for 30 days
and that the premises be posted if it is found that the establishment is
not in conformance with the required food sales as of January 27, 1988. In
addition, he directed staff to schedule the matter for review and
reconsideration at the January 27, 1988 meeting. Authority member Bullard
further ordered that the licensee provide a regular monthly status report
showing their efforts of compliance. Authority member Spaulding seconded
the motion for purposes of discussion.
Authority member Bullard stated he feels the Authority has been lenient
with this situation for several months and would like to work with the
establishment given their difficult situation. He stated if the club does
not comply in January, the license should be suspended.
Authority member Cooper stated he feels the sanction is too lenient and
reminded the Authority that the establishment has been in violation for
eight months.
Authority member Veazie favored the motion and supported the idea of
receiving monthly reports.
Authority member Poncelow stated she would prefer to see a sanction imposed
at this hearing that would deal with the violation occurring over the past
eight months.
The motion was put to vote as follows: Yeas: Bullard and Veazie. Nays:
Cooper, Poncelow and Spaulding. Abstain: Morgan. THE MOTION FAILED.
Authority member Spaulding made a motion to revoke the license at the
January 27, 1988, meeting if it is found that the establishment is not in
compliance with the 25% food requirement. THE MOTION FAILED DUE TO LACK OF
A SECOND.
Authority member Poncelow made a motion to issue a letter of reprimand for
failure to comply with the 25% food requirement during the past eight
months.
Authority member Bullard seconded the motion and amended the motion to
include a 30-day suspension with said sanction being suspended upon the
condition that the licensee submit regular monthly written reports showing
the gross receipts of the business, identifying the portion of receipts
attributed to meals actually served at the establishment. Such reports are
to be filed with the City Clerk's Office on the second work day of each
month, starting on December 2 for the month of November, and to continue
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October 7, 1987
for six successive months, or until May 3, 1988, Authority members
Poncelow accepted the amendment friendly to her motion.
Authority member Spaulding stated she did not feel a letter of reprimand
was sufficient for an eight -month violation.
Authority member Cooper agreed stating he would be in favor of a two -week
suspension spread over a period of time.
The motion was put to vote as follows: Yeas: Bullard, Poncelow and
Veazie. Nays: Cooper and Spaulding. Abstain: Morgan.
Show/Cause Hearing
Old Town Liauors, 238 East Mo ntain Avenue
Detective Paul Landolt reported that the attorney representing this item
called police dispatch prior to the meeting to say that his car broke down
in Cheyenne and would not be able to make the hearing.
It was noted for the record that the police cadet was present in the
audience and prepared to proceed.
Authority member Cooper made a motion, seconded by Authority member
Spaulding, to issue a letter to the licensee and their attorney informing
them that the Authority will proceed with the matter on November 4 and no
future continuances will be granted. Yeas: Cooper, Poncelow, Spaulding,
and Veazie. Nays: Bullard and Morgan.
Police Report
Detective Paul Landolt stated that on Friday, October 2, the Police
Department conducted a routine spot compliance check. He reported that out
of 15 establishments, 4 failed to pass the compliance check.
Authority member Spaulding made a motion, seconded by Authority member
Poncelow, to determine probable cause and scheduled a show/cause hearing
for Albertson's, 731 South Lemay Avenue, on November 4, 1987. Yeas:
Bullard, Cooper, Morgan, Poncelow, Spaulding, and Veazie. Nays: None.
Authority member Spaulding made a motion, seconded by Authority member
Poncelow, to determine probable cause and scheduled a show/cause hearing
for Handi Pak, 11311 North College Avenue, on November 4, 1987. Yeas:
Bullard, Cooper, Morgan, Poncelow, Spaulding, and Veazie. Nays: None.
Authority member Spaulding made a motion, seconded by Authority member
Poncelow, to determine probable cause and scheduled a show/cause hearing
for Downtown Liquor Mart, 102 West Olive, on December 2, 1987. Yeas:
Bullard, Cooper, Morgan, Poncelow, Spaulding, and Veazie. Nays: None.
III
October 7, 1987
Authority member Spaulding made a motion, seconded by Authority member
Poncelow, to determine probable cause and scheduled a show/cause hearing
for Linden's, 214 Linden, on December 2, 1987. Yeas: Bullard, Cooper,
Morgan, Poncelow, Spaulding, and Veazie. Nays: None.
The Authority inquired of the outcome of the check made on the Pink
Flamingo Rugby Club at The Northern Hotel. Detective Landolt reported that
he checked into the matter and found no alcoholic beverages were being
served and felt there were no problems at this time.
Assistant City Attorney Steve Roy reported on the District Court appeal
filed by Saddle Up Liquors as a result of the Authority's decision made on
July 15, 1987.
AdJournment
Authority member Spaulding made a motion, seconded by Authority member
Cooper, to adjourn.
The Vice -Chairman put the motion to vote which was unanimously adopted.
The meeting was adjourned at approxi
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Secretary
ME