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HomeMy WebLinkAboutLiquor Licensing Authority - Minutes - 09/09/1987• LIQUOR LICENSING AUTHORITY Regular Meeting - September 9, 1987 6:42 P.M. A regular meeting of the Liquor Licensing Authority was held on Wednesday, September 9, 1987, in the Council Chambers of the City of Fort Collins Municipal Building. The following members were present: Bullard, Cooper, Morgan, Poncelow, Sommermeyer, and Spaulding. Authority Members Absent: Veazie. Staff Members Present: Debbie Caster, 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. I. Consider aooroving the minutes of the regular meeting of August 12 1987. 2. Renewals: a. Bennigan's, 2203 South College Avenue b. Spirits, 2601 South Lemay Avenue 3. Registration of Manager• a. Steve Cluff - Pantera's Pizza, 116 E. Foothills Parkway b. Max Mitchell - 7-Eleven, 4543 Boardwalk c. Lisa Jenkins - Comedy Works, No. 7 Old Town Square, Suite 114 Authority member Spaulding made a motion, seconded by Authority member Bullard, to adopt all items on Consent Calendar with the exception of Items 3a. and 3c. Yeas: Bullard, Cooper, Morgan, Poncelow, Sommermeyer, and Spaulding. Nays: None. (Note: Authority member Bullard abstained from voting on Item 1.) September 9, 1987 Transfer of Ownership Pantera's Pizza, 116 E. Foothills Parkwav Mr. Charles Clemmens, president, spoke of the purchase of Godfather's Pizza. He stated his duty is to oversee all of the stores. He explained that he will hire a manager for the Fort Collins store. Mr. Clemmens stated it is still undecided whether they will apply for a license for the store at 829 South Shields. Authority member Bullard inquired of the structure of the corporation. In response to further questions by the Authority, Mr. Clemmens stated he is familiar with the beer code. He spoke of the training and carding procedures. Authority member Poncelow made a motion, seconded by Authority member Spaulding, to approve the transfer of ownership for Pantera's Pizza, 116 East Foothills Parkway. Yeas: Bullard, Cooper, Morgan, Poncelow, Sommermeyer, and Spaulding. Nays: None. Registration of Manager Pantera's Pizza, 116 E. Foothills Parkway (Pulled Consent Item 3a.) Mr. Steve Cluff, general manager, spoke of his background and experience with the beer laws. In response to a question by the Authority, Mr. Cluff spoke of the traffic violation and court hearing reflected on his record. The Authority questioned Mr. Cluff on why this information was not provided on his application. Mr. Cluff later explained the training procedures used when large crowds order one or more pitchers of beer. Authority member Bullard made a motion, seconded by Authority member Morgan, to approve the registration of manager for Steve Cluff at Pantera's Pizza, 116 E. Foothills Parkway. Yeas: Bullard, Cooper, Morgan, Poncelow, Sommermeyer, and Spaulding. Nays: None. Show/Cause Hearing Comedy Works, No. 7 Old Town Sauare Suite #114 Mr. Alan Dill, attorney representing the licensee, admitted to all allegations made by the City. Authority member Bullard made a motion, seconded by Authority member Spaulding, to determine that the alleged violations did in fact occur at Comedy Works, No. 7 Old Town Square, Suite 114. Yeas: Bullard, Cooper, Morgan, Poncelow, Sommermeyer, and Spaulding. Nays: None. -2- • . September 9, 1987 Detective Paul Landolt, was sworn, and stated that an inspection of the premises conducted in July showed no kitchen facility or food service. He added that the establishment has not complied with the liquor code since opening in December of 1986. Detective Landolt informed the Authority that another inspection was conducted on September 8, 1987, which still showed the establishment in violation. He noted that the license should never have been issued. Mr. Alan Dill stated the establishment opened in December of 1986 without the kitchen facility. He stated the intent was to get the kitchen in and operating within 30 days and then they ran into some financial difficulties. By March of 1987, he explained that the club thought they would have to go out of business but reached a rent concession agreement with the landlord to zero rent starting in July. Mr. Dill stated the manager left the business in May because of the business struggle and admitted to failing to register a new manager, as is required. He went on to explain that the owners attempted to get a bank loan to install the kitchen but no one would lend them the money. With the rent concession and other steps the club has taken, Mr. Dill stated that business appears to be picking up and it is the concensus that the club can survive given enough time. Mr. Dill suggested that the licensee apply for a tavern license after restructuring the license in Denver. He requested that the Authority continue the matter until an application can be submitted. The Authority questioned why no attempt was ever made to serve at least some food, even if it was not the required amount. Mr. Dill explained that he advised his clients not to provide any food service unless they could comply with the code. He added that he and his clients are aware that the license can be revoked at this hearing. Authority member Bullard stated he feels the members need to consider whether the public is harmed by the establishment not serving food. After further discussion, Authority member Bullard stated he would guess the public policy would be in favor of the business staying open as opposed to being shut down. He added that he would favor tabling this matter to the October hearing with the condition that food be available on the premises starting tomorrow (September 10, 1987). He added that if no attempt is made to serve food prior to the next hearing, he will make a motion to revoke the license. Detective Landolt stated he feels the licensee falsely represented themselves at the initial hearing and have not been in compliance since their first day of operation. Authority member Cooper stated that the attempt to serve food would show a good faith effort to comply with the code. Authority member Morgan made a motion, seconded by Authority member Bullard, to table the hearing until October 7 to review action taken by the establishment to come into compliance with the code and consider any new evidence at that time. Authority member Poncelow amended the motion by adding that Detective Paul Landolt make a another check of the -3- September 9, 1987 establishment on September 10. Members Morgan and Bullard received the amendment friendly. Authority members Cooper and Spaulding stated they are sympathetic to the problems of the establishment but the fact remains that they are in violation and have been for eight months. The motion was put to vote as follows: Yeas: Bullard, Morgan, Poncelow and Sommermeyer. Nays: Cooper and Spaulding. (Secretary's Note: It was clarified for the record that determination of all sanctions are tabled to the October 7 hearing for further consideration.) Mr. Dill stated that if the establishment feels they cannot comply with this order the license will be voluntarily turned back in to the City prior to the October 7 hearing. Registration of Manager Comedy Works, No. 7 Old Town Square Suite 114 Ms. Lisa Jenkins, general manager, was sworn and spoke of her background in the liquor/restaurant business. She stated she has never violated any of the liquor laws yet added she was not aware of the manager registration process. Ms. Jenkins spoke of the training and procedures manual. It was noted that customers are carded at the door and everyone looking younger than 30 years old is carded. Authority member Spaulding made a motion, seconded by Authority member Morgan, to approve the registration of manager for Lisa Jenkins for the Comedy Works, No. 7 Old Town Square, Suite 114. Yeas: Bullard, Cooper, Morgan, Poncelow, Sommermeyer, and Spaulding. Nays: None. Police Report Detective Paul Landolt informed the Authority of a violation occurring at Old Town Liquors, 238 East Mountain Avenue. Authority member Bullard made a motion, seconded by Authority member Spaulding, to determine probable cause and scheduled a show/cause hearing on October 7, 1987, for Old Town Liquors, 238 East Mountain Avenue. Yeas: Bullard, Cooper, Morgan, Poncelow, Sommermeyer, and Spaulding. Nays: None. Other Business Authority member Spaulding requested that Detective Paul Landoll; check on the Pink Flamingo Rugby Club at The Northern Hotel to see if there is any alcohol being served. -4- J September 9, 1987 Authority member Bullard proposed that the Authority suggest that City Council pass an ordinance allowing the Authority to levy fines in lieu of suspensions. Assistant City Attorney Steve Roy and Authority member Peter Bullard will draft a proposal for the entire board to review. Assistant City Attorney Steve Roy presented and reviewed a recent court decision on needs and desires of the neighborhood. Adjournment Authority member Morgan made a motion, seconded by Authority member Bullard, to adjourn. The Chairman put the motion which was unanimously adopted_ The meeting was adjourned at app Secretary -5-