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HomeMy WebLinkAboutLiquor Licensing Authority - Minutes - 01/22/1997• 0 A regular meeting of the Liquor Licensing Authority was held on Wednesday, January 22, 1997, in the Council Chambers of the Fort Collins Municipal Building. The following members were present: Crowfoot, Davis, Haggerty, Oldham, Schroeer, and Wawro. Staff Members Present: Aimee Jensen, City Clerk's Office Rita Harris, City Clerk's Office Greg Tempel, City Attorney's Office Deputy City Clerk Rita Harris introduced Deputy City Clerk Aimee Jensen, who will be assuming the role of staff liaison to the Authority, and Assistant City Attorney Greg Tempel who is replacing Carrie Mineart as legal advisor to the Authority. 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 the 1996 Annual Renort. All of the City's boards and commissions, including the Liquor/Massage Licensing Authority, are required by City Code to prepare an annual report to the City Council on or before January 31 of each year for the previous calendar year. Staff has prepared detailed and summary reports of 1996 activities of the Authority. 2. Request from Wilcox-Haenel, Inc., to change the corporate name to Wilcox Inc and report a change of corporate structure. C C, This is a request from Wilcox-Haenel, Inc., the 3.2% licensee for Collindale Caddyshack on 1441 East Horsetooth Road, to change the corporate name to Wilcox, Inc., in addition, is reporting a change of corporate structure. Kevin L. Wilcox is replacing Paul B. Haenel as vice-president, secretary, and director. 3. Request from Mini -Mart, Inc., dba Mini -Mart #858, 1801 North College to Change, Alter, or Modify the Licensed Premises. This is an application from Mini -Mart #858 requesting approval of modifications previously made to the premises at 1801 North College. The modifications consist of moving the office to an area previously used as a game room and remodeling of the bathrooms to meet ADA requirements. Authority member Schroeer made a motion, seconded by Authority member Crowfoot, to adopt and approve all items on the Consent Calendar. Yeas: Crowfoot, Davis, Haggerty, Oldham, Schroeer, and Wawro. Nays: None. THE MOTION CARRIED. Show Cause Hearing for Riverside Liquors 4431 Waterleaf Court, Continued to February 26, 1997 Special Prosecutor Caroline Blackwell, representing the Fort Collins Police Department, requested a continuance for this item. Ms. Blackwell stated the attorney representing Riverside Liquors has experienced a death in the family and has not had adequate time to prepare a case. Authority member Schroeer made a motion, seconded by Authority member Davis, to continue the Show Cause Hearing for Riverside Liquors, 4431 Waterleaf Court until the February 26, 1997 meeting. Yeas: Crowfoot, Davis, Haggerty, Oldham, Schroeer, and Wawro. Nays: None. THE MOTION CARRIED. Show Cause Hearing for Old Town Liquors 238 East Mountain, Stipulation Agreement Approved Ms. Blackwell stated the licensee, In Seon John, and the Fort Collins Police Department have worked out a stipulation agreement. Ms. Blackwell outlined the main provisions of the agreement as follows: (1) the Licensee agrees to a suspension of fifteen (15) days, of which two (2) will be actively served from 12:01 a.m., February 7, 1997, to midnight on February 8, 1997, and (2) (13) days held in abeyance for a period of one year provided there are no further violations during that period, (3) the Licensee agrees to send all of its personnel employed at the licensed premises to a liquor law education class and to purchase a Liquor and Beer Code and Regulations book from the State of Colorado Department of Revenue. Authority member Haggerty asked the licensee if she understands the agreement. In response to a question from the Authority, In Seon John stated she understands the terms of the agreement. Authority member Schroeer made a motion, seconded by Authority member Crowfoot, to adopt the findings and order accepting the stipulation agreement as presented. Yeas: Crowfoot, Davis, Haggerty, Oldham, Schroeer, and Wawro. Nays: None. THE MOTION CARRIED. Registration of Logan Phillips as Manager of The Crown Pub,134 South College, Approved Logan Phillips, manager, summarized her experience serving liquor. She stated she will be responsible for training the employees for the establishment. In response to the Authority's questions, Ms. Phillips detailed the criminal history provided on the individual history record. She stated it will not affect her ability to perform her duties as manager. Authority member Schroeer made a motion, seconded by Authority member Oldham, to approve Logan Phillips as manager of The Crown Pub, 134 South College. Yeas: Crowfoot, Davis, Haggerty, Oldham, Schroeer, and Wawro. Nays: None. THE MOTION CARRIED. Registration of Richard Holloway as Manager of Diamond Shamrock #1152, 4502 Timberline, Approved Richard Holloway, manager, responded to questions from the Authority regarding his criminal history provided on his individual history record. Holloway stated his driver license privileges have been reinstated. Authority member Oldham questioned Mr. Holloway regarding measure to prevent sales to underage persons and noted that this establishment will be closer scrutinized due to its proximity to Fort Collins High School. Authority member Crowfoot made a motion, seconded by Authority member Schroeer, to approve Richard Holloway as manager of Diamond Shamrock #1152, 4502 Timberline. Yeas: Crowfoot, Davis, Haggerty, Oldham, Schroeer, and Wawro. Nays: None. THE MOTION CARRIED. Registration of Ronald Farber as Manager of Chuck E. Cheese's, 105 West Prospect, Continued to March 26, 1997 Ronald Farber, manager, responded to questions posed by the Authority regarding his compensation and criminal history. Mr. Farber detailed the training program ShowBiz Pizza has for its employees. Mr. Farber stated liquor sales are approximately 2.5% of total sales. Mr. r-I L J Farber's disclosed that he has a DUI charge pending. Following discussion by the Authority and Assistant City Attorney regarding the relevance of a pending legal matter, Deputy City Clerk Harris advised the Authority that this item could be continued without impeding Mr. Faber's ability to serve as manager until the matter is heard at a future meeting. Authority member Crowfoot made a motion, seconded by Authority member Schroeer, to continue consideration of Ronald Farber as manager of Chuck E. Cheese's, 105 West Prospect until the March 26, 1997 meeting. Yeas: Crowfoot, Davis, Haggerty, Oldham, Schroeer, and Wawro. Nays: None. "11goUY Registration of Christopher Heinze as Manager of Ruby Tuesday, Inc., 110 Boardwalk Drive. Approved Authority member Davis disclosed that he knows the manager, Christopher Heinze, but does believe it will affect his decision in this matter. Mr. Heinze stated there were no liquor violations while he was employed as manager at Bennigans. Mr. Heinze detailed the corporate training program for employees. He indicated the restaurant will open February 9. Mr. Heinze noted he is working towards TIPS certification. Authority member Crowfoot made a motion, seconded by Authority member Schroeer, to approve Christopher Heinze as manager of Ruby Tuesday, Inc., 110 Boardwalk Drive. Yeas: Crowfoot, Davis, Haggerty, Oldham, Schroeer, and Wawro. Nays: None. THE MOTION CARRIED. Consideration of an Application from One WestArtCenter for Special Events Permits at 201 South College on February 14 April 4 and June 13 1997 Approved Angela Brayham, event manager, detailed how each event will be conducted, the type and amount of alcohol that will be served, and security measures. She stated they had no problems at the last event. Ms. Brayham stated they are expecting approximately 150 people for each event. Authority member Schroeer made a motion, seconded by Authority member Crowfoot, to approve the application of the One WestArtCenter for Special Events Permits at 201 South College on February 14, April 4, and June 13, 1997. Yeas: Crowfoot, Davis, Haggerty, Oldham, Schroeer, and Wawro. Nays: None. THE MOTION CARRIED. n U Request from Wayne J. Costa, dba Cheers,1200 Raintree Drive (Fort Collins Senior Center), to Change, Alter, or Modify the Licensed Premises, Approved Wayne Costa, proprietor, explained he is requesting a modification of premises for the Fort Collins Senior Center to accommodate requests for his services throughout the building. Mr. Costa stated he only serves alcohol during events at the request of the Senior Center staff. In response to questions from the Authority, Mr. Costa stated he has a ratio of one bartender for every 50 people and that staff monitors the doors to each function. Authority member Schroeer made a motion, seconded by Authority member Crowfoot, to approve the modification of premises for Cheers, 1200 Raintree Drive (Fort Collins Senior Center). Yeas: Crowfoot, Davis, Haggerty, Oldham, Schroeer, and Wawro. Nays: None. THE MOTION CARRIED. Request from Liquor Mart at Harmony, Inc., dba Fish's Liquor Mart, 1007 East Harmony, to Change, Alter, or Modify the Licensed Premises Approved Erik Fischer, part-owner and attorney, explained that the modifications made to the establishment were for office space and storage. Mr. Fischer stated public access has not changed. Authority member Crowfoot made a motion, seconded by Authority member Davis, to approve the modification of premises for Fish's Liquor Mart, 1007 East Harmony. Yeas: Crowfoot, Davis, Haggerty, Oldham, Schroeer, and Wawro. Nays: None. THE MOTION CARRIED. Request from Zentveld, Inc., dba Nico's Catacombs, 115 South College, to Change, Alter, or Modify the Licensed Premises, ADDroved Nico Zentveld, proprietor, stated the modification consisted of adding three tables to the dining room and removing three tables from the bar area. Authority member Crowfoot made a motion, seconded by Authority member Schroeer, to approve the modification of premises for Nico's Catacombs, 115 South College. Yeas: Crowfoot, Davis, Haggerty, Oldham, Schroeer, and Wawro. Nays: None. THE MOTION CARRIED. Request from Old School Pizza Company, dba Old School Pizza, 829 South Shields, to Change, Alter, or Modify the Licensed Premises Approved David Massey, president of Old School Pizza Company, stated the modification will be adding substantial square footage to the establishment. Mr. Massey stated that the apartments adjacent to the establishment will have no direct access into the establishment. He approached the Authority to explain the diagram of the premises as planned. Mr. Massey also responded to questions regarding training for employees. Authority member Crowfoot made a motion, seconded by Authority member Schroeer, to approve the modification of premises for Old School Pizza, 829 South Shields. Yeas: Crowfoot, Davis, Haggerty, Oldham, Schroeer, and Wawro. Nays: None. THE MOTION CARRIED. Request from Brick House, dba Woody's Wood -Fired Pizza, 518 Laurel Street, to Change, Alter, or Modify the Licensed Premises, Approved Kevin Brown, president, stated the modifications will decrease the patio area and remodel the interior. Mr. Brown stated he has contacted the Fort Collins Police Department for TIPS training. Authority member Davis made a motion, seconded by Authority member Oldham, to approve the modification of premises for Woody's Wood -Fired Pizza, 518 Laurel Street. Yeas: Crowfoot, Davis, Haggerty, Oldham, Schroeer, and Wawro. Nays: None. THE MOTION CARRIED. Request from Wildawn, Inc., dba Sunset Jazz Club 242 Linden, to Change, Alter, or Modify the Licensed Premises, Approved Dawn Owens, president of Wildawn, Inc., stated the entrances and exits will not be changed. She stated a cappuccino bar has been installed to the left of the entrance and that a bar will be installed to the right of the entrance. Authority member Schroeer made a motion, seconded by Authority member Crowfoot, to approve the modification of premises for Sunset Jazz Club, 242 Linden. Yeas: Crowfoot, Davis, Haggerty, Oldham, Schroeer, and Wawro. Nays: None. THE MOTION CARRIED. Request from Winny Enterprises, Inc., dba Pizza Hut, 1075 Pennock Place, to Change, Ater, or Modify the Licensed Premises. Approved Gary Bolton, operating manager, stated the existing patio area is being enclosed to provide additional seating area for the dining room. Authority member Crowfoot made a motion, seconded by Authority member Oldham, to approve the modification of premises for Pizza Hut, 1075 Pennock Place. Yeas: Crowfoot, Davis, Haggerty, Oldham, Schroeer, and Wawro. Nays: None. (Authority member Crowfoot left the meeting at 7:13 p.m.) Police Report Authority member Schroeer complimented Officer Rothschild for his hard work in bringing stipulation agreements to the Authority for consideration. Tone's Restaurant and Lounge Officer Rothschild briefed the Authority on alleged violations at Tony's Restaurant and Lounge, 224 South College, on December 21, 1996 He requested the Authority schedule a show cause hearing in February. Authority member Oldham made a motion, seconded by Authority member Schroeer, to find that probable cause exists to schedule a show cause hearing on February 26, 1997 for Tony's Restaurant and Lounge , 224 South College, for alleged violations of Regulation 47-105.1(A), (C)(1)(c), (C)(3), and Regulation 47-105.2. Yeas: Davis, Haggerty, Oldham, Schroeer, and Wawro. Nays: None. THE MOTION CARRIED. Adjournment Authority member Haggerty and Schroeer expressed appreciation to City staff for their work. Authority member Davis made a motion, seconded by Schroeer, to adjourn. Yeas: Davis, Haggerty, Oldham, Schroeer, and Wawro. Nays: None. The meeting was adjourned at 7:30 p.m.