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HomeMy WebLinkAboutLiquor Licensing Authority - Minutes - 10/23/1996A regular meeting of the Liquor Licensing Authority was held on Wednesday, October 23, 1996, in the Council Chambers of the Fort Collins Municipal Building. The following members were present: Davis, Haggerty, Oldham, and Schroeer. Members absent: Crowfoot, Dickmann, and Wawro. Staff Members Present: Rita Knoll Harris, City Clerk's Office Carrie Mineart, 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. 2. Report of Change of Corporate Structure for Chau's Brothers Inc dba Twin Dragon Gate 23 Old Town Square # 100. 3. A. F3 4. • • October 23, 1996 Authority member Schroeer made a motion, seconded by Authority member Davis, to adopt and approve the Consent Calendar. Yeas: Davis, Haggerty, Oldham, and Schroeer. Nays: None. THE MOTION CARRIED. Reconsideration of Report of Change of Corporate Structure for Chau's Brothers, Inc., dba Twin Dragon Gate, 23 Old Town Square #100, Application Withdrawn Thomas Kelley, attorney representing Chau's Brothers, Inc., stated the applicant has withdrawn their application. He stated Jackie Chan is replacing Susan Lang as the sole officer, director and shareholder. Registration of Eric Parsons as Manager of Red Lobster #393, 3301 South College, Approved Eric Parsons, manager, addressed his traffic violations. He stated he has had no liquor violations since becoming manager with Red Lobster. Mr. Parsons stated he is responsible for implementing the corporate training program. He stated he has been the manager since February, 1996. Authority member Davis made a motion, seconded by Authority member Oldham, to approve Eric Parsons as manager of Red Lobster #393, 3301 South College. Yeas: Davis, Haggerty, Oldham, and Schroeer. Nays: None. THE MOTION CARRIED. Registration of Sarah Dalrymple as Manager of The Crown Pub,134 South College Ap roved Sarah Dalrymple, manager, stated she had one liquor violation while an assistant manager at Pasta Jays. She detailed the training provided for employees. Ms. Dalrymple stated she has been the manager for five months. Authority member Schroeer made a motion, seconded by Authority member Oldham, to approve Sarah Dalrymple as manager of The Crown Pub, 134 South College. Yeas: Davis, Haggerty, Oldham, and Schroeer. Nays: None. THE MOTION CARRIED. Consideration of an Application from One West Art Center Angela Brayham, Executive Director of One West Art Center and event manager, described the event. She stated there have been no problems with this event in the past. Ms. Brayham stated Michael Gallant of The Right Wine will do most of the serving. • • October 23, 1996 Authority member Oldham made a motion, seconded by Authority member Schroeer, to approve the application of One West Art Center, at 201 South College Avenue, for a special event permit (liquor) on November 22, 1996 with the condition the event be conducted in accordance with the information provided in the application. Yeas: Davis, Haggerty, Oldham, and Schroeer. Nays: none. THE MOTION CARRIED. Consideration of an Application from the Fort Collins Museum for a Special Events Permit at 200 Mathews on December 5 1996 Approved Agnes Dix, Curator of Interpretation at the Museum, stated one staff member has previous bartending experience. She stated the event will be confined to the Overhead Trail Room and that this is an invitation only event. Ms. Dix stated staff and volunteers will handle the event. Authority member Schroeer made a motion, seconded by Authority member Davis, to approve the application of the Fort Collins Museum for a special events permit (liquor) on December 5, 1996, in the Overhead Trail Room at the Fort Collins Museum, 200 Mathews. Yeas: Davis, Haggerty, Oldham, and Schroeer. Nays: none. THE MOTION CARRIED. Request from Juneau of Fort Collins, Inc., dba The Crown Pub,134 South College, to Change, Alter, or Modify the Licensed Premises Approved Keith Galeener, owner, described the proposed changes. He stated the premises have been posted. He stated there will be a full-time bartender and/or waitstaff when the basement is open to the public. Authority member Oldham made a motion, seconded by Authority member Schroeer, to approve the modification of premise for The Crown Pub, 134 South College. Yeas: Davis, Haggerty, Oldham, and Schroeer. Nays: None. I •�-A� [ 6 Request from MCP, Inc., dba Tangz, 1220 West Elizabeth, to Change, Alter, or Modify the Licensed Premises. A oved Zach Wilson, attorney representing MCP, Inc., described the proposed changes. Mr. Wilson stated petitioning was not done and that this is not an expansion of alcohol service. He stated the premises have been posted. Steve Carlyle described the entrance leading into the new area. He stated there will not be a service bar in the new area. He stated there will not be access to the volleyball court from the addition. • • October 23, 1996 Authority member Davis made a motion, seconded by Authority member Schroeer, to approve the modification of premise for Tangz, 1220 West Elizabeth. Yeas: Davis, Haggerty, Oldham, and Schroeer. Nays: None. THE MOTION CARRIED. Transfer of Ownership of Mountain Tap Tavern, College, and Trade Name Change to Star Light and Request from IVP, LLC, dba Star Light, 167 North College, to Change, Alter, or Modify the Premises, Approved Ron Vaughan, attorney representing the current licensee and the transferee, briefly described the transfer of ownership. He stated Steve Hartnett, managing member of IVP, LLC, will be responsible for managing the establishment. He stated they will be closed for one month for remodeling. In response to a question from the Authority, Scott O'Leary, managing member of IVP, LLC, addressed his criminal history. He stated he is currently working at the Mountain Tap. Mr. Hartnett addressed his criminal history. He stated he is no longer involved in the roofing business. Authority member Oldham made a motion, seconded by Authority member Davis, to approve the transfer of ownership from Mountain Tap Tavern to IVP, LLC, and trade name change from Mountain Tap Tavern to Star Light, 167 North College. The transfer of ownership is contingent upon Mr. Hartnett submitting a copy of his Colorado driving record within five days. Yeas: Davis, Haggerty, and Oldham. Nays: Schroeer. THE MOTION CARRIED. Mr. Hartnett described the proposed changes. He stated the stage already exists, but will be re- located. Mr. O'Leary described the quantity and type of entertainment that has been at the Mountain Tap. He stated entertainment will be upgraded to a higher caliber. Mr. O'Leary stated there is no back patio and the basement is not included in the licensed premises. He stated capacity will increase from 120 to 240. Mr. Vaughn stated no petitions were circulated. He stated the premise was posted and no comments or concerns were expressed. Authority member Oldham made a motion, seconded by Authority member Davis, to approve the modification of premise at the Star Light, 167 North College. Yeas: Davis, Haggerty, Oldham, and Schroeer. Nays: None. • October 23, 1996 THE MOTION CARRIED. Hearing on a Change of Location for New York Cafe, from 159 West Mountain to 135 West Oak, Approved James Whelan, owner, was sworn. Mr. Whelan stated at the new location they will be able to add musical entertainment. He stated they are targeting an upscale clientele. He stated alcohol constitutes 50% of gross sales. Mr. Whelan stated they expect to open in the new location at the end of November. He described the training employees will receive. He stated the serving capacity will increase from 65 to over 200. Assistant City Attorney Mineart stated Applicant's Exhibits A-D, identified as petitions, are admissible into evidence, except for proper verifications. She stated the circulator can testify under oath to correct the deficiency. Heidi Whelan, owner, was sworn. She described the petitioning process and stated that some people refused to sign. Authority member Schroeer made a motion, seconded by Authority member Davis, to adopt Resolution 96-18 approving the change of location for New York Cafe, from 159 West Mountain to 135 West Oak. Yeas: Davis, Haggerty, Oldham, and Schroeer. Nays: None. THE MOTION CARRIED. Hearing on a Change of Class of License for Lindens, 214 Linden, Approved Request from Linden Blues, Inc., dba Lindens, 214 Linden. to Change. Alter. or Modify the Premises. Approved Zach Wilson, attorney representing the applicant, stated the applicant is ready to proceed. Assistant City Attorney Daggett stated Applicant's Exhibits A-E, identified as a summary and petitions, are admissible into evidence. Tommy Short, owner, was sworn. He described his background at the current establishment and the reasons for the changes. He stated they expect to serve more food. Mr. Short described the training program. He stated they will be scaling back the entertainment. Brenda Rowe, representative for Oedipus, Inc., was sworn. Ms. Rowe described the petitioning process and indicated the petitions represent 363 (95%) signatures in favor and 19 (5%) signatures in opposition. • • October 23, 1996 Authority member Davis made a motion, seconded by Authority member Oldham, to adopt Resolution 96-20 approving the application of Linden Blues, Inc., for a change of class of license from a tavern liquor license to a brew pub license at Lindens, 214 Linden. Yeas: Davis, Haggerty, Oldham, and Schroeer. Nays: None. THE MOTION CARRIED. Authority member Schroeer made a motion, seconded by Authority member Oldham, to approve the modification of premise for Lindens, 214 Linden. Yeas: Davis, Haggerty, Oldham, and Schroeer. Nays: None. THE MOTION CARRIED. Hearing on a Change of Location for Pulcinella Ristorante Mary Race, owner, was sworn. She explained the reason for the move and described the floor plan. Assistant City Attorney Daggett stated Applicant's Exhibit A, identified as petitions, is admissible into evidence. Ms. Race described the petitioning process and indicated that two people refused to sign the petition. Authority member Oldham made a motion, seconded by Authority member Schroeer, to adopt Resolution 96-19 approving the change of location for Pulcinella Ristorante from 2100 West Drake #2 to 2100 West Drake #1. Yeas: Davis, Haggerty, Oldham, and Schroeer. Nays: None. THE MOTION CARRIED. Show Cause Hearing for Rich's Aggie Discount Liquor, 429 Canyon Stipulation Agreement Approved Special Prosecutor Caroline Blackwell, representing the Fort Collins Police Department, stated the licensee, Rich's Aggie Discount Liquor, Inc., and the 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 seven (7) days, with five (5) days to be held in abeyance for a period of one year. For the two (2) days of the suspension not held in abeyance, the Licensee shall serve such days as follows: from midnight, November 28, 1996, to midnight, November 29, 1996 and from midnight January 4, 1997 to midnight January 5, 1997. Richard Schott, owner, stated the stipulation agreement is acceptable Authority member Schroeer made a motion, seconded by Authority member Davis, to adopt the findings and order accepting the stipulation agreement as presented for Rich's Aggie Discount Liquor, 429 Carryon for violation of Section 12-47-128(5)(a)(I), C.R.S. Yeas: Davis, Haggerty, Oldham, and Schroeer. Nays: None. • October 23, 1996 THE MOTION CARRIED. Police Repo Creekside Liquors Special Enforcement Officer Rothschild briefed the Authority on alleged violations at Creekside Liquors, 1005 West Stuart. He requested the Authority schedule a show cause hearing for December 4, 1996. Authority member Davis made a motion, seconded by Authority member Schroeer, to find that probable cause exists to schedule a show cause hearing on December 4, 1996 for Creekside Liquors, 1005 West Stuart, for alleged violation of Section 12-47-901(5)(a)(I), Colorado Revised Statutes and to instruct Deputy City Clerk Harris to issue necessary subpoenas. Yeas: Davis, Haggerty, Oldham, and Schroeer. Nays: None. THE MOTION CARRIED. Riverside Liquors Special Enforcement Officer Rothschild briefed the Authority on alleged violations at Riverside Liquors, 315 Riverside. He requested the Authority schedule a show cause hearing for January 22, 1997. Authority member Davis made a motion, seconded by Authority member Schroeer, to find that probable cause exists to schedule a show cause hearing on January 22, 1997 for Riverside Liquors, 315 Riverside, for alleged violation of Section 12-47-901(5)(a)(I), Colorado Revised Statutes and to instruct Deputy City Clerk Harris to issue necessary subpoenas. Yeas: Davis, Haggerty, Oldham, and Schroeer. Nays: None. THE MOTION CARRIED. Old Town Liquors Special Enforcement Officer Rothschild briefed the Authority on alleged violations at Old Town Liquors, 238 East Mountain. He requested the Authority schedule a show cause hearing for January 22, 1997. Authority member Davis made a motion, seconded by Authority member Schroeer, to find that probable cause exits to schedule a show cause hearing on January 22, 1997 for Old Town Liquors, 238 East Mountain, for alleged violation of Section 12-47-128(5)(a)(I), Colorado Revised Statutes and to instruct Deputy City Clerk Harris to issue necessary subpoenas. 12-47-901(5)(a)(I), Colorado Revised Statutes and to instruct Deputy City Clerk Harris to issue necessary subpoenas. Yeas: Davis, Haggerty, Oldham, and Schroeer. Nays: None. THE MOTION CARRIED. • • October 23, 1996 Sergeant Dave Freismuth, Selective Enforcement Unit, stated the Lambda Chi Alpha Special Event Permit event has been cancelled. Other Business Discussion ensued regarding "after the fact" applications for modification of premise. Authority member Schroeer made a motion, seconded by Authority member Oldham, to adopt a "no tolerance" stand regarding applications for modification of premise that are submitted after the modifications have been completed and instruct Deputy City Clerk Harris to notify all liquor licensed establishments with the City of Fort Collins city limits. Yeas: Davis, Haggerty, Oldham, and Schroeer. Nays: None. THE MOTION CARRIED. Assistant City Attorney Daggett stated she and Deputy City Clerk Harris will be working with State regarding brew pub licensing. Adjournment Authority member Schroeer made a motion, seconded by Authority member Davis, to adjourn. Yeas: Davis, Haggerty, Oldham, and Schroeer. Nays: None. THE MOTION CARRIED. The meeting adjourned at 9:25 p.m. These minutes were prepared in December, 1998 and were not submitted to the Authority for approval. The majority of the Authority members present at this meeting were no longer on the Authority when the minutes were prepared.