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HomeMy WebLinkAboutLiquor Licensing Authority - Minutes - 03/23/1997Council Liaison: Will Smith I Staff Liaison: Aimee Jensen Chairperson: John Haggerty Phone: 493-8622 (w) 224-3041 (h) A regular meeting of the Liquor Licensing Authority was held on Wednesday, March 23, 1997, in the Council Chambers of the Fort Collins Municipal Building. The following members were present: Crowfoot, Davis, Haggerty, Oldham, and Schroeer. Authority member absent: Wawro. Staff Members Present: Aimee Jensen, City Clerk's Office Greg Tempel, City Attorney's Office 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. Report of Change of Corporate Structure for Longs Drug Stores California, Inc., dba Longs Drugs, 743 South Lemav Avenue. 2. Report of Change of Corporate Structure for Circle K Stores. Inc., dba Circle K No. 1987, 949 Taft Hill Road. Authority member Crowfoot made a motion, seconded by Authority member Schroeer, to adopt and approve all items on the Consent Calendar. Yeas: Crowfoot, Davis, Haggerty, Oldham, and Schroeer. THE MOTION CARRIED. Transfer of Ownership of Korean Restaurant - Kim's 400 East Olive, Approved Robert Parker, property owner, stated he owns the building. He indicated that the property is now vacant and he intends to lease the property to someone else. Mr. Parker and staff have been unable to locate Hyung Bo Kim, licensee. Authority member Oldham made a motion, seconded by Authority member Davis, to approve the transfer of ownership of Korean Restaurant - Kim's, 400 East Olive, from Hyung Bo Kim to Robert T. Parker, Jr. Yeas: Crowfoot, Davis, Haggerty, Oldham, and Schroeer. Nays: None. • • March 23, 1997 THE MOTION CARRIED Registration of Robert Watson Parrish as Manager of The Town Pump, 124 North College Avenue, Approved In response to a question from the Authority, Robert Watson Parrish stated his wife's date of birth is May 18, 1965. He briefly described his employment history and stated he will contact Officer Rothschild for training. The owner will assist in training new employees. Authority member Crowfoot made a motion, seconded by Authority member Oldham, to approve Robert Watson Parrish as manager of The Town Pump, 124 North College Avenue. Yeas: Crowfoot, Davis, Haggerty, Oldham, and Schroeer. Nays: None. THE MOTION CARRIED Registration of Ronald Farber as Manager of Chuck E. Cheese's. 105 West Prospect Road, Approved Authority member Schroeer reminded the Authority that Mr. Farber appeared before the Authority at the January 22, 1997 meeting. Mr. Farber detailed the disposition of his recent DUI. Authority member Schroeer made a motion, seconded by Authority member Crowfoot, to approve Ronald Farber as manager of Chuck E. Cheese's, 105 West Prospect Road. Yeas: Crowfoot, Davis, Haggerty, Oldham, and Schroeer. Nays: None. THE MOTION CARRIED. Registration of Kurt Johnson as Manager of Woody's Wood Fired Pizza, 518 West Laurel Street, Denied Kurt Johnson, manager, in response to questions from the Authority, detailed his criminal history. Deputy City Clerk Aimee Jensen stated the January, 1996 arrest was dismissed. Mr. Johnson stated nothing is currently pending in traffic or criminal court. He also stated there were no liquor violations while he was employed at Pasta Jays. He stated his compensation as manager is $30,000 per year plus bonus. Authority member Davis made a motion, seconded by Authority member Oldham, to deny the registration of Kurt Johnson's application as manager of Woody's Wood Fired Pizza, 518 West Laurel Street. City Attorney Greg Tempel advised the Authority to clarify why Kurt Johnson's application as manager for Woody's Wood Fired Pizza has been denied. Authority member Davis amended his original motion to state that the motion has been based upon the record and reputation of the applicant and that there were numerous arrests and criminal history not divulged on the application. Authority member Oldham, as the second to the original motion, accepted the amendment as 2 • • March 23, 1997 friendly. The Authority confirmed, in response to City Attorney Greg Tempel, that Kurt Johnson is not of good moral character and reputation satisfactory to the Authority. Richard Kevin Brown stated he is currently the registered manager for Woody's Wood Fired Pizza and that he has known Mr. Johnson for approximately 17 years. Mr. Brown stated he believes Mr. Johnson did not intentionally hide his criminal history. He also stated Mr. Johnson did not have a liquor violation for the 22 years he has been in the liquor business. The vote on the motion to deny the registration of Kurt Johnson as manager of Woody's Wood Fired Pizza, 518 West Laurel Street was as follows: Yeas: Davis, Oldham, Schroeer. Nays: Crowfoot, Haggerty. THE MOTION CARRIED. Transfer of Ownership of City Park Nine Golf Shop, 411 South Bryan, Approved Dale Smigelsky, owner, emphasized the importance of training his staff well, since his employment is contingent upon keeping his liquor license. He stated he has no experience selling liquor. Mr. Smigelsky detailed how he will insure minors or visibly intoxicated individuals will not be served. He stated he will have six employees serving liquor and has spoken to Officer Rothschild regarding training. Authority member Schroeer made a motion, seconded by Authority member Davis to approve the transfer of ownership of City Park Nine Golf Shop, 411 South Bryan, from James H. Greer to Dale W. Smigelsky. Yeas: Crowfoot, Davis, Haggerty, Oldham, and Schroeer. Nays: None. THE MOTION CARRIED. Transfer of Ownership of Mandarin Restaurant, 1720 West Mulberry, Approved Ying Q. Liang, owner, stated the previous owner, Haishui Dong, will work with him for 6 months to train him. Mr. Liang stated he has had no previous experience selling liquor. He briefly discussed his employment history. Authority member Crowfoot made a motion, seconded by Authority member Schroeer, to approve the transfer of ownership of Mandarin Restaurant, 1720 West Mulberry, from Haishui Dong, to Ying Q. Liang. Yeas: Crowfoot, Davis, Haggerty, Oldham, and Schroeer. Nays: None. Transfer of Ownership and Trade Name Change of Swing Creek Bar and Grill 1006 Spring Creek Lane Approved Jeffrey Scott Franz, owner, briefly discussed his employment history and stated he has had no liquor violations. He described how they will change the interior. Mr. Franz stated he will be doing the training and will contact Officer Rothschild for training. He noted he was involved in training at Anheuser-Busch. 3 • March 23, 1997 Authority member Davis made a motion, seconded by Authority member Crowfoot, to approve the transfer of ownership of Spring Creek Bar and Grill, 1006 Spring Creek Lane, from Ben Car Corporation to Scoraden Corporation. Yeas: Crowfoot, Davis, Haggerty, Oldham, and Schroeer. Nays: None. THE MOTION CARRIED. Authority member Davis made a acknowledge the receipt of the trade Sports, 1006 Spring Creek Lane. Nays: None. THE MOTION CARRIED. motion, seconded by Authority member Crowfoot, to name change from Spring Creek Bar and Grill to Slider's 'eas: Crowfoot, Davis, Haggerty, Oldham, and Schroeer. Transfer of Ownership of Johnny's Liquor 111 West Prospect Road, Approved AND Request from Poor Johnny's Investments, Inc., dba Johnny's Liquor, 111 West Prospect Road to Chanee, Alter or Modify the Licensed Premises, Approved Mike Campbell, owner, stated he intended to refurbish the interior of the store and that he will be taking ownership April 1, 1998. He indicated he has had no experience selling liquor and will contact Officer Rothschild for training. Mr. Campbell stated he will retain the manager from the previous owner, who has fifteen years experience with liquor sales. Mr. Campbell described the security measures he will be taking to monitor customers. He noted his policy will be zero tolerance for minors and visibly intoxicated individuals. Authority member Crowfoot expressed concern with this location so close to the university. Authority member Schroeer made a motion, seconded by Authority member Crowfoot, to approve the transfer of ownership of Johnny's Liquor, 111 West Prospect Road, from Jerald W. and Darrel Thomas Blake to Poor Johnny's Investments, Inc. Yeas: Crowfoot, Davis, Haggerty, Oldham, and Schroeer. Nays: None. THE MOTION CARRIED. Authority member Schroeer made a motion, seconded by Authority member Crowfoot, to approve the modification of premises for Johnny's Liquors, I I I West Prospect Road. Yeas: Crowfoot, Davis, Haggerty, Oldham, and Schroeer. Nays: None. THE MOTION CARRIED. Request from Campus West Liquors, Inc., dba Campus West Liquors, 1107 City Park Avenue to Chanze. Alter, or Modify the Licensed Premises Approved John Musa, owner, was sworn. Mr. Musa detailed the proposed changes. He stated construction will begin after approval and should finish within 16 months. Mr. Musa is still in the process of 11 • • March 23, 1997 getting all the permits, noting he has not received approval from the City. He stated he will notify the Authority if any changes occur to the current diagrams. In response to questions from the Authority, Mr. Musa stated he has had many positive comments regarding the proposed modifications. Max Scott, Oedipus, Inc., was sworn. Mr. Scott indicated he had submitted the petitions to staff for review. He noted that Mr. Musa decided to petition the neighborhood, even though it was not required, since the proposed modifications are substantial. Assistant City Attorney Greg Tempel advised the Authority that Applicant's Exhibit 1, described as a summary of the survey results, and Applicant's Exhibit 2, described as petition documents, were admissible into evidence. Mr. Scott described the petitioning process and indicated that 356 (84%) signatures were in favor and 62 (16%) signatures were in opposition to the proposed modifications. He stated this is a favorable result for a modification of premises. He noted Mr. Musa has confiscated an impressive collection of false identifications. Authority member Crowfoot expressed concern regarding visibility of the parking lot while construction is under way. Mr. Musa reassured the Authority that the parking lot will be visible while the premises are under construction. Thomas J. Maloney, 1309 City Park Avenue, stated he lives approximately two blocks from Campus West Liquors. He stated the store is well -run and approves of the proposed modifications. Lila Morris, 1218 West Magnolia, stated she has known John Musa for 18 years and he has always had a well -run store. George Glenhart, party in -interest, stated these proposed modifications are needed since the volume of people going to the store has increased. Michael Didericksen, 1105 Fairview Drive, stated the staff at Campus West Liquors is helpful and that the increased square footage will allow for better service. Authority member Oldham made a motion, seconded by Authority member Davis to approve the modification of premises for Campus West Liquors, 1107 City Park, with the condition that the actual floor plan is approved by all applicable City agencies. Yeas: Crowfoot, Davis, Haggerty, Oldham, and Schroeer. Nays: None. THE MOTION CARRIED. Request from County Cork, Inc., dba County Cork Pub & Grill, 313 West Drake, to Change, Alter, or Modify the Licensed Premises Approved Jake Maas, president, detailed the proposed changes for the Authority. He noted these changes will improve visibility and service throughout the restaurant. Mr. Maas stated there will not be an increase in square footage for County Cork. He indicated customer response has been 100% supportive of the proposed changes. 5 • • March 23, 1997 Authority member Schroeer made a motion, seconded by Authority member Davis, to approve the modification of premises for County Cork Pub & Grill, 313 West Drake. Yeas: Crowfoot, Davis, Haggerty, Oldham, and Schroeer. Nays: None. THE MOTION CARRIED. Request from Winny Enterprises, Inc., dba Pizza Hut, 4643 South Mason, to Change, Alter, or Modify the Licensed Premises, Approved Gary Bolton, representative of Winny Enterprises, stated the proposed changes have been approved by the City. Mr. Bolton described the changes, noting there will no longer be a drive - through. He stated approximately 700 square feet will be added. Authority member Crowfoot made a motion, seconded by Authority member Schroeer, to approve the modification of premises for Pizza Hut, 4643 South Mason. Yeas: Crowfoot, Davis, Haggerty, Oldham, and Schroeer. Nays: None. THE MOTION CARRIED. Hearing on a New Application for a Hotel -Restaurant License at Hunan Chinese Restaurant, 731 East Harmony Road Suite 300 Approved Charles Dickson, attorney representing Hunan Chinese Restaurant of Fort Collins, Inc. (applicant), stated the owners, Chia-Shou Liang and Danielle Vu, have had no liquor violations at their Greeley establishment. Ms. Vu described the location of this establishment. Max Scott, owner of Oedipus, Inc., was sworn. Mr. Scott described the process used to survey the neighborhood and indicated that 288 signatures (88%) were in favor and 38 signatures (12%) were opposed to issuance of the hotel -restaurant liquor license. Assistant City Attorney Tempel stated that Applicant's Exhibit 1, identified as a summary of survey results, and Applicant's Exhibits 2 through 5, identified as petition documents, are admissible into evidence. Authority member Crowfoot made a motion, seconded by Authority member Schroeer, to adopt resolution 97-01 approving the application of Hunan Chinese Restaurant of Fort Collins, Inc., for a hotel -restaurant liquor license at Hunan Chinese Restaurant of Fort Collins, 731 East Harmony Road, Suite 300. Yeas: Crowfoot, Davis, Haggerty, Oldham, and Schroeer. Nays: None. THE MOTION CARRIED. Hearing on a New Application for a Hotel -Restaurant Liquor License at MNF, Inc., dba Star of India, 4600 South Mason Approved Inam E. Sheikh, owner, was sworn, and stated Mr. Gill will be a silent partner. Mr. Sheikh stated Mr. Gill has opened 15 other stores and will be training him. He noted Mr. Gill has had no liquor violations. Kelly Pietrs, Esquire Petition Services, LLC, was sworn. She described the petition process. Ms. Pietrs indicated that 169 signatures (92%) in favor and 15 signatures (8%) in opposition of C • • March 23, 1997 issuance of the hotel -restaurant liquor license had been obtained. She stated this shows very strong support for the application. Assistant City Attorney Greg Tempel advised the Authority that Applicant's Exhibit 1, described as a summary of the survey results, and Applicant's Exhibits 2 and 3, described as petition documents, were admissible into evidence. Mr. Sheikh stated he will be contacting Officer Rothschild for training. Authority member Oldham made a motion, seconded by Authority member Davis, to adopt Resolution 97-02 approving the application of MNF, Inc., dba Star of India for a hotel -restaurant license at 4600 South Mason. Yeas: Crowfoot, Davis, Haggerty, Oldham, and Schroeer. Nays: None. THE MOTION CARRIED. Police Report Officer Tim Rothschild briefly discussed the budget request for a full-time liquor enforcement officer. Other Business Authority member Crowfoot made a motion, seconded by Authority member Schroeer, to approve the 1998 budget request for a full-time liquor enforcement officer and instruct the Chair to sign the same. Yeas: Crowfoot, Davis, Haggerty, Oldham, and Schroeer. Nays: None. THE MOTION CARRIED. Adjournment Authority member Davis made a motion, seconded by Authority member Crowfoot, to adjourn. Yeas: Crowfoot, Davis, Haggerty, Oldham, and Schroeer. Nays: None. THE MOTION CARRIED. The meeting adjourned at 9:00 n.m. 7