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HomeMy WebLinkAboutLiquor Licensing Authority - Minutes - 10/16/2000LIQUOR LICENSING AUTHORITY MINUTES Regular Meeting - October ,16, 2000 1:00 P.M. Council Liaison: Ray Martinez Staff Liaison: Aimee Jensen A regular meeting of the Liquor Licensing Authority was held on Monday, October 16, 2000, in Municipal Court, Justice Center, 201 LaPorte. Judge Kathleen M. Lane presiding. Staff in attendance: Greg Tempel, Assistant CityAttomey Aimee Jensen, Deputy City Clerk Richard Johnson, Liquor Enforcement Officer Agenda Review Deputy City Clerk Jensen stated that the deficiencies for the Elks Lodge change of corporate structure have been resolved and put back on the consent agenda. Consent Agenda The Consent Calendar is intended to expedite the meeting and allow the Authorityto spend its time and energy on the important items on a lengthy agenda. Items on the Consent Calendar are (1) routine items; and (2) those of no perceived controversy. Anyone may request that 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. 1. Judge Lane adopted the Consent Agenda. Consideration of an Application from the Old Town School of Performing Arts, for a Special Events Permit at 328 Remington Street, Postponed Michael Gaines, applicant, briefly described the event. He stated liquor sales would stop at 1:30 a.m. on November 4, 2000. Steve Levinger, parry -in -interest, stated he is opposing the issuance of the special events permit, due to concerns with increased traffic. Mr. Gaines noted that the City of Fort Collins Police has been diverting traffic down Remington Street October 16, 2000 for the last three years on Friday and Saturday evenings. He noted that NewWest Fest brings in excess of 100,000 people to the Old Town area where alcohol is served. Mr. Gaines stated he intends to restore this property. He stated there is enough parking available for patrons. He estimated 300 people will attend. Judge Lane scheduled a hearing to consider the Application from the Old Town School of Performing Arts, for a Special Events Permit at 328 Remington Street, for October 18, 2000 at 1:30 p.m. Request from Byong Ju Choi, dba Prospect Liquors, 1115 West Prospect Road, to Change, Alter, or Modify the Licensed Premises, Approved Brian Yowell, attorney representing Son Tran (owner of Creekside Liquors, 1005 West Stuart Street # A3), reviewed the reasons he has filed a motion to continue this hearing to November 6, 2000. Tim Dow, attomeyrepresenting Byong Ju Choi, stated Mr. Tran has had a month to gather information in opposition to this application. Judge Lane stated sufficient time has elapsed for both sides to determine the needs and desires of the neighborhood and denied Mr. Yowell's motion to continue the hearing. Mr. Dowcalled Bret Mansur, representative for Liquor Petitioning Professionals, to testify. Mr. Mansur was swom. He briefly -described the petitioning process. Mr. Mansur stated he did the same canvassing as he did for the change of location for The Connoisseur in December, 1999. In response to Mr. Yowell's question, Mr. Mansur stated the original petitions also stated the purpose of the petition was for a retail liquor store for consumption off -premise. Mr. Yowell called Phil Pringle, owner of Pringle Brothers Fine Wine and Spirits, to testify. Mr. Dow objected to Mr. Pringle testifying as he is not a party -in -interest. Mr. Pringle confirmed that his establishment is outside the neighborhood boundaries as set by the Clerk's office September 27, 2000. Mr. Dow called Todd Lund, commercial real estate broker, to testify. Mr. Lund was swom. Mr. Lund stated he is the leasing brokerfor the development where Mr. Choi's establishment is located. Mr. Dow submitted Exhibit 2, describing recent comparable liquor store's square footage as a comparison to Mr. Choi's requested modification of premise. In response to Mr. Yowell's question, Mr. Lund described howhe complied the information for Exhibit 2. Mr. Dow called Robert W. Dehn, owner of West Prospect Business Park, to testify. Mr. Dehn was sworn. He testified as to the hours Mr. Choi must adhere to per his lease. Mr. Dehn stated he talked to several other tenants in the business park and theyexpressed their support of Mr. Choi's application. Mr. Dow called B.J. Choi to testify. Mr. Choi was sworn. He stated he is proposing an addition of 895 square feet to the current premises for a total of 2235 square feet. Mr. Choi stated he is in agreement with the limited hours as stated in the covenants for the West Prospect Business Park. October 16, 2000 Mr. Yowell called Son Tran to testify. Mr. Tran was swom. He briefly described how he circulated his petitions. Mr. Tran stated he allowed people to sign in favor or in opposition to the modification of premise. He noted his motivation in circulating these petitions was to represent the neighborhood. Mr. Dow objected to Exhibit B, Mr. Tran's petitions, to be entered into evidence due to their tardiness in being submitted to the Clerk's office. Judge Lane allowed Exhibit B to be admitted into evidence. In response to Judge Lane's question, Mr. Tran confirmed that these petitions were circulated regarding Mr. Choi's application to modifythe premise. Mr. Yowell presented several letters from parties -in -interest in opposition to this application. Mr. Dow objected to the letters being entered into evidence, stating that they are hearsay and that they can not be determined if they are in the neighborhood. Mr. Yowell stated that hearsay can be entered into evidence. Deputy City Clerk Jensen stated that 4 of the letters are within the neighborhood. Judge Lane allowed Exhibits GF to be entered into evidence. Mr. Dow cross-examined Mr. Tian. He stated some of signatures were obtained in his store. Mr. Dow requested that the Judge take judicial notice that the wording on Mr. Tran's petitions are not the same as the petitions submitted by Mr. Mansur. Mr. Dow and Mr. Yowell gave closing arguments. Judge Lane approved the application from Byong Ju Choi, dba Prospect Liquors,1115 West Prospect Road, to Change, Alter, or Modify the Licensed Premises. Transfer of Ownership of Beverage Nation, 200 West Foothills Parkway, from Bacchus Beverage Company, to Beverage Partners F.C., Inc., Approved Mr. Dill, attorney representing the applicant, stated he is prepared to proceed. Assistant City Attorney Tempel stated the deficiencies have been corrected. Mr. Dill called Dennis Dinsmore, applicant, to testify. Mr. Dinsmore was swom. He briefly described his employment history and stated he is a 25% shareholder as well as the registered manager for this establishment. Mr. Dinsmore confirmed that he will be involved in the day-to-day operations. He stated Janet Robinson, 75% shareholder, is a silent investor. Mr. Dinsmore stated all employees will be T.I.P.'s trained. He stated he has ordered a liquor code to be maintained on premise. Mr. Dinsmore noted he will only be making minor cosmetic changes to the premises. • October 16, 2000 Judge Lane approved the transfer of ownership of Beverage Nation, 200 West Foothills Parkway, from Bacchus Beverage Company to Beverage Partners F.C., Inc. Transfer of Ownership of Everyday Store # 5015, 949 Taft Hill Road, from Duke and Long Distributing Co., Inc., to Duke and Long_ Distributing Licensee, Inc.. Approved Tom Gerrity, applicant, stated theyoperate 203 stores. He stated theyencourage training and are in the process of developing additional training procedures. Mr. Gerritystated theyterminate employees that violate the liquor code. He stated he and Kathleen Callahan-Guion have been in the convenience store business for many years. Mr. Gerrity stated they will be making a few cosmetic changes, but the beer cooler will remain where it is currently. In response to Assistant CityAttomeyTempel's question, Mr. Gerritystated he will provide the Clerk's office with a Consent to Assignment of Lease. Judge Lane approved the transfer of ownership of Everyday Store # 5015, 949 Taft Hill Road, from Duke and Long Distributing Co., Inc., to Duke and Long Distributing Licensee, Inc., contingent upon receipt of a valid Consent to Assignment of Lease. Registration of Cindy Babnick as Manager of Everyday Store # 5015, 949 Taft Hill Road, Approved Cindy Babnick, applicant, briefly described her background. She stated she or any of her employees, have not had a liquor violation. Ms. Babnick stated employees are instructed as to how to identify a visibly intoxicated individual. Judge approved the registration of CindyBabnick as Manager of Everyday Store # 5015, 949 Taft Bill Road. Transfer of Ownership of The Matrixx, 450 North Linden Center Drive, from Buonamici Ventures, Inc., to Big D Ventures, Inc., Postponed David Jones, applicant, briefly described his background. He stated he has been involved in the operations of The Matrixx since the day it opened. Mr. Jones stated he has 15 years of management experience. He stated he also worked for Mary's Mountain cookies. Mr. Jones stated they have 8-12 security guards. He noted he will add 2-4 security guards when the 2nd floor is completed. Mr. Jones stated that he has had no liquor code violations. He stated he will terminate any employees that violate the liquor code. Mr. Jones stated the current occupancy load is 999 and that there are no plans to increase it. In response to Assistant City AttorneyTempel's questions, Mr. Jones stated he was unemployed at the time he applied for the transfer of ownership. He stated his duties while employed at The Matrixx included maintenance and stocking inventory. Mr. Jones stated he is currentlytrying to reach the 25% food sales required of a hotel -restaurant liquor license. He stated he is aware it is a violation of the 0 October 16, 2000 liquor code for not achieving 25% of his gross sales in food sales. Mr. Jones stated he is currently maintaining adequate records of all sales and transactions. He stated it is not his intent to re -hire Tammy Hunt. Mr. Jones confirmed he declared bankruptcy years ago. He stated the promissory note is $500,000 from Tad Buonamici. Mr. Jones stated he will correct his Individual History Record. He confirmed he signed his Individual H istoryRecord. Mr. Jones stated Tad Buonamici has no interest in the profits of the business and has no management responsibilities. Mr. Jones stated the diagrams of the premise do not represent what is currently in existence. He stated it could take up to 3 years to complete all the approved changes. Mr. Tempel requested that the hearing be continued pending Mr. Jones submitting diagrams depicting what is currently in existence at The Matrixx. Judge Lane postponed consideration of the transfer of ownership of The Matrixx, 450 North Linden Center Drive, from Buonamici Ventures, Inc., to Big D Ventures, Inc., to December 4, 2000. (Secretary's Note: Liquor Enforcement Officer Johnson left the meeting.) Hearing on a New Application from Texas Roadhouse Holdings, LLC for a Hotel -Restaurant Liquor License at Texas Roadhouse, 4633 Timberline Road, Approved M of John Madrick as Manager John Madrick, manager and liquor license applicant, was sworn. He briefly described his background and the training all employees are required to attend. Mr. Madrick stated they plan on opening November 20, 2000. He stated Texas Roadhouse is primarily restaurant. Mr. Madrick stated theywill be able to monitor the patio from inside the patio. He stated he has a copy of the liquor code on premise. Mr. Madrick described the liquor code violation at the Thornton establishment and the measures he has taken to prevent further violations. He described the carding policy. Mr. Madrick stated employees found in violation of the liquor code will be terminated. KellyPiens, representative for Esquire Petition Services, LLC, was sworn. She described the petitioning process and indicated the petitions represent 201 (91%) signatures in favor and 21 (90/6) in opposition. Judge Lane adopted Resolution 2000-18 approving the application from Texas Roadhouse Holdings, LLC for a Hotel -Restaurant Liquor License at Texas Roadhouse, 4633 South Timberline Road. Judge Lane approved the registration of John Madrick as Manager of Texas Roadhouse, 4633 South Timberline Road. October 16, 2000 Police Report Assistant City Attorney Tempel stated the Fort Collins Police Department has worked out stipulation agreements with the licensees for the following establishments, regarding violations found during recent compliance checks. He asked the Judge to approve the stipulation agreements. Beau o's Assistant CityAttomeyTempel summarized the stipulation agreement and stated that the Licensee was present to answer questions. He stated the Licensee agreed to a 5 day suspension ($200 fine in lieu of serving 2 days, and 3 days held in abeyance for 1 year). Mr. Tempel stated the Licensee will require all his employees to receive training within 6 months. Mr. Domokos, representative for Beau Jo's, stated the employee that served the minor has been terminated. Judge Lane approved the findings and order accepting the stipulation agreement as presented for Beau Jo's, 100 North College. Tosh's Hacienda Assistant CityAttomeyTempel summarized the stipulation agreement and stated that the Licensee was present to answer questions. He stated the Licensee agreed to a 5 day suspension ($200 fine in lieu of serving 2 days, and 3 days held in abeyance for 1 year). Mr. Tempel stated the Licensee will require all his employees to receive training within 6 months. Barrett Warner, manager, stated Officer Johnson has alreadyprovided training to all his employees. He stated he has an I.D. book as well as the liquor code on premise. Judge Lane approved the findings and order accepting the stipulation agreement as presented forTosh's Hacienda, 200 Jefferson Street. 3 Margaritas Assistant CityAttomey Tempel summarized the stipulation agreement and stated that the Licensee was present to answer questions. He stated the Licensee agreed to a 5 day suspension ($200 fine in lieu of serving 2 days, and 3 days held in abeyance for 1 year). Mr. Tempel stated the Licensee will require all his employees to receive training within 6 months. Francisco Galvan, manager, stated the employee that sold to the minor was terminated. Judge Lane approved the findings and order accepting the stipulation agreement as presented for 3 Margaritas, 3400 South College. 0 0 Other Business October 16, 2000 Judge Lane adopted the Local Liquor Licensing Authority for the City of Fort Collins, Colorado, Rules of Procedures. The meeting adjourned at 4:30 p.m. Adjournment Municipal Judge