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HomeMy WebLinkAboutLiquor Licensing Authority - Minutes - 07/23/1997Council Liaison: Will Smith II Staff Liaison: Aimee Jensen Chairperson: Frank Oldham Phone: 303-271-6800 (w) 970-226-5292 (h) A regular meeting of the Liquor Licensing Authority was held on Wednesday, July 23, 1997, in the Council Chambers of the Fort Collins Municipal Building. The following members were present: Cooper, Haggerty, Oldham, Schmitz, and Xing. Members absent: Davis, and Wawro. Staff Members Present: Aimee Jensen, City Clerk's Office Greg Tempel, City Attorneys Office Sandra Gibson, Police Department Consent Calendar The Consent Calendar is intended to expedite the meeting and allow the Authority to 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. Approval of minutes from the June 25. 1997 meeting. 2. Report of Change of Corporate Structure for Lone Star Steakhouse/Saloon of Colorado Inca dba Lone Star Steakhouse and Saloon, 100 West Troutman Parkway. Request from Front Range Restaurant Concepts, Inc., dba Sullivan's Snorts Tavern, 820 City Park, to Change, Alter, or Modify the Licensed Premises. 4. Report of Change of Corporate Structure for Zentveld, Inc., dba Nico's Catacombs, 115 South College Avenue. Request from Rio Grande Mexican Restaurants. Inc., dba Rio Grande Mexican Restaurant, 143 West Mountain Avenue, to Change. Alter, or Modify the Licensed Premises. • July 23, 1997 Authority member Cooper made a motion, seconded by Authority member Oldham, to adopt and approve the items on the Consent Calendar. Yeas: Cooper, Haggerty, Oldham, Schmitz, and Xing. Nays: None. THE MOTION CARRIED. Hearing on a New Application for a Retail Liquor Store License at Jack's Liquors of Fort Collins, 1654 North College Avenue, Suite B, Postponed to September 24, 1997 Norbert Lukas, owner, requested that this hearing be postponed to the September 24, 1997 Liquor Licensing Authority meeting for consideration. Authority member Cooper made a motion, seconded by Authority member Schmitz, to postpone this hearing to September 24, 1997. Yeas: Cooper, Haggerty, Oldham, Schmitz, and Xing. Nays: None. THE MOTION CARRIED. Hearing on a New Application for a Hotel -Restaurant License at Lopiano's Catering,1501 Academy Court, Withdrawn by Applicant Deputy City Clerk Aimee Jensen stated the Applicant requested this item be withdrawn. Registration of Barbara Sue Whaley as Manager of Convenience Plus, #33,1032 West Mountain, Approved Barbara Sue Whaley, applicant, stated she has experience selling liquor and has had no liquor violations. Ms. Whaley clarified her employment history. She stated she has completed all training offered by C-Plus. Authority member Cooper made a motion, seconded by Authority member Schmitz, to approve Barbara Sue Whaley as manager of Convenience Plus, 1032 West Mountain. Yeas: Cooper, Haggerty, Oldham, Schmitz, and Xing. Nays: None. THE MOTION CARRIED. Registration of Sharon Ann O'Brien as Manager of Seven -Eleven, 430 Remington, Approved Sharon O'Brien, applicant, stated she has been employed by Southland Corporation as a manager since 1981. She stated while she was the manager at the Seven -Eleven in Loveland, an employee sold to a minor. She stated the employee was terminated. Ms. O'Brien noted ~ • • July 23, 1997 Southland Corporation requires all new employees to attend a three day training session prior to beginning work. Authority member Cooper recommended Ms. O'Brien obtain a liquor code for this establishment. Authority member Cooper made a motion, seconded by Authority member Xing, to approve Sharon O'Brien as manager of Seven -Eleven, 430 Remington. Yeas: Cooper, Davis, Haggerty, Oldham, Schmitz, Wawro, and Xing. Nays: None. u • • ► N\7;i1a03 Registration of Norman Edward Fleury, Jr. as Manager of Albertson's,1636 North College, Approved Norman Edward Fleury, Jr., applicant, responded to questions from the Authority regarding his criminal history. He stated he has worked for Albertson's since 1990 and has had no liquor violations. Mr. Fleury noted that store policy is to require identification on all alcohol purchases regardless of age. Authority member Cooper made a motion, seconded by Authority member Xing, to approve Norman Edward Fleury, Jr., as manager of Albertson's, 1636 North College. Yeas: Cooper, Haggerty, Oldham, Schmitz, and Xing. Nays: None. THE MOTION CARRIED. Request from Old Chicago of Colorado, Inc., dba Old Chicago, 147 South College Street, to Change, Alter, or Modify the Licensed Premises, Approved Shane Wilson, manager, stated they are requesting permission to modify the patio area for year round use, as well as remodel the interior. He stated seating capacity will increase by approximately 20 seats. Authority member Schmitz made a motion, seconded by Authority member Xing, to approve the modification of premise for Old Chicago, 147 South College. Yeas: Cooper, Haggerty, Oldham, Schmitz, and Xing. Nays: None. THE MOTION CARRIED. Consideration of an Application from the Overland Sertoma Club for a Special Events Permit at 221 East Oak Street, on August 16 and 17, 1997, Approved Alan Schwartz, applicant, stated the Sertoma Club has historically operated the beer garden in Library Park for the past six years as a part of NewWest Fest. He noted this will be the first time • • July 23, 1997 at this new location. Mr. Schwartz stated the Overland Sertoma Club is a non-profit, volunteer group that raises money for numerous children's causes in the Fort Collins area. He stated Sertoma Club members are trained in alcohol sales. Chuck Helzer, event manager, stated no alcohol will be on premise until Saturday, August 16, 1997 at 8:00 a.m. In response to questions from the Authority, Mr. Helzer stated they will add additional security to monitor the entrance and the perimeter of the beer garden. Mary Brighton, president of the Downtown Business Association, expressed concerns regarding the issuance of this Special Events Permit, and requested the Authority deny the application from the Overland Sertoma Club. Jay Hardy, executive director of the Downtown Business Association, stated the primary opposition to this application is the needs and desires of the neighborhood. He requested the Authority deny the application. Mr. Schwartz stated there are no other facilities adequate that meets the needs of the Overland Sertoma Club. Authority member Oldham made a motion, seconded by Authority member Xing, to approve the application from the Overland Sertoma Club for a Special Events Permit for a beer garden at 221 East Oak Street on August 16, and 17, 1997, with the condition that adequate restroom facilities are provided and that the applicant is in compliance with State Statutes. Yeas: Cooper, Haggerty, Oldham, Schmitz, and Xing. Nays: None. Hearing on a New Application for a Tavern Liquor License at Vincent's Old Town Cigar, 238 Linden, Approved Vincent Young, applicant, was sworn. Mr. Young briefly discussed his employment history. He stated he has had no experience selling alcohol and tobacco. He described the premises to be licensed. Mr. Young noted he will have catered food available at all times. He estimated that alcohol sales will only be a small percentage of the total sales. Assistant City Attorney Greg Tempel stated Applicant's Exhibits 1 and 2, identified as petitions, are admissible into evidence. Eric Davis, assistant manager, was sworn. Mr. Davis described the petitioning process. He stated they received many favorable comments. Mr. Davis indicated that approximately 50 people did not sign the petition but verbally expressed opposition to issuance of this license and 265 people signed in favor of issuance. Joe Stern, 421 South Howes, #1102, was sworn. 0 • July 23, 1997 Assistant City Attorney Greg Tempel stated Exhibit A, identified as a transcript of Mr. Stem's remarks and copies of publications, and Exhibits B, C, D, E, and F, identified as petitions, are admissible into evidence. He noted that he can't make a determination as to the relevance of Mr. Stem's information to this application. Mr. Stern expressed concern for the health risks involved in alcohol consumption in conjunction with cigar smoking. He noted there are ten tavern liquor licensed outlets within the designated boundaries, as well as numerous hotel -restaurant liquor licenses. Authority member Cooper made a motion, seconded by Authority member Xing, to adopt Resolution 97-10 approving the application of VY & N Trading Company, for a tavern liquor license at Vincent's Old Town Cigar, 238 Linden. Yeas: Cooper, Haggerty, Oldham, Schmitz, and Xing. Nays: None. THE MOTION CARRIED. Hearing on a New Application for a Beer and Wine License at Joe's Fireside Cafe, 238 South College Avenue Suite B. Approved Joseph S. Ierisi, owner, was sworn. He detailed the history of Joe's Fireside Cafe and Joe's Other Side, stating he has held several liquor licenses in the past. Mr. Ierisi stated he has had no liquor violations. He noted liquor sales are less than 1 % of total sales. Assistant City Attorney Greg Tempel stated Applicant's Exhibit 1, identified as petitions, is admissible into evidence. Mr. Ierisi described the petitioning process. He stated noone indicated opposition to issuance of the beer and wine license. Mr. Ierisi stated the 231 signatures in support obtained are all valid. Authority member Cooper made a motion, seconded by Authority member Oldham, to adopt Resolution 97-12 approving the application of Joseph S. Ierisi at Joe's Fireside Cafe, 238 South College Avenue, for a beer and wine license. Yeas: Cooper, Haggerty, Oldham, Schmitz, and Xing. Nays: None. THE MOTION CARRIED. Other Business Deputy City Clerk Jensen polled the Authority's availability for a worksession. The Authority requested Deputy City Clerk Jensen schedule a worksession. Deputy City Clerk Jensen stated the budget request for a full-time liquor enforcement officer was not funded. Chairperson Haggerty welcomed the newly appointed Authority members. • • July 23, 1997 Police Report Old Town Liquors Officer Rothschild briefed the Authority on an alleged violation at Old Town Liquors. He requested the Authority schedule a show cause hearing for August 27, 1997. Authority member Haggerty made a motion, seconded by Authority member Cooper, to find that probable cause exists to schedule a show cause hearing on August 27, 1997 for Old Town Liquors, 238 East Mountain, for alleged violation of Section 12-47-128(1)(a), Colorado Revised Statutes (recodified as § 12-47-901(1)(a), CRS, effective July 1, 1997). Adjournment Authority member Cooper made a motion, seconded by Authority member Xing, to adjourn. Yeas: Cooper, Haggerty, Oldham, Schmitz, and Xing. Nays: None. The meeting was adjourned at 8:30 p.m. C