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HomeMy WebLinkAboutLiquor Licensing Authority - Minutes - 02/24/19930 0 LIQUOR LICENSING AUTHORITY MINUTES Regular Meeting — February 24, 1993 5:40 p.m. Council Liaison: Bob Winokur I Staff Liaison: Rita Knoll Harris A regular meeting of the Liquor Licensing Authority was held on Wednesday, February 24, 1993, in the Council Chambers of the Fort Collins Municipal Building. The following members were present: Cooper, Crowfoot, Mael, Norton, Poncelow, Schroeer, and Wawro. (Authority member Crowfoot arrived at approximately 5:45 p.m.) Staff Members Present: John Duval, City Attorney's Office Rita Knoll Harris, City Clerk's Office Sandy Gibson and Troy Krenning, 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. 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. Consider approval of the minutes of the August 26. 1992 and January 27. 1993 regular meetings. 2. Reauest from Metro Oil Company, to Change the Trade Name of Vicker's #2369, 803 Riverside, to Total #2369. 3. This is a request from Metro Oil Company, the 3.2% beer licensee for Vicker's #2369, 803 Riverside, to change the trade name of the establishment to Total #2369. This is a request from Metro Oil Company, the 3.2% beer licensee for Vicker's #2487, 2025 South College, to change the trade name of the establishment to Total #2487. 4. Reauest from Metro Oil Company, to Change the Trade Name of Vicker's #2622, 200 West Horsetooth, to Total #2622. This is a request from Metro Oil Company, the 3.2% beer licensee for Vicker's #2622, 200 West Horsetooth, to change the trade name of the establishment to Total #2622. 0 February 24, 1993 Reouest from Metro Oil Comoanv, to Change the Trade Name of Vicker's #2623, 221 West Prospect, to Total #2623. This is a request from Metro Oil Company, the 3.2% beer licensee for Vicker's #2623, 221 West Prospect, to change the trade name of the establishment to Total #2623. Authority member Schroeer made a motion, seconded by Authority member Cooper, to adopt and approve all items not removed from the Consent Calendar. Yeas: Cooper, Mael, Norton, Poncelow, Schroeer, and Wawro. Nays: None. THE MOTION CARRIED. Report of Change of Manager for Safeway Store #913, 2160 West Drake Road, Approved Kenneth Wagner, manager, stated he has been the manager at 2160 West Drake Road for 8 months. He stated he was not aware that he was required to be registered as manager. He indicated that there have been no liquor violations since he has been manager, and noted he had 1 violation when he was the manager in Longmont. He submitted copies of the store policies with regard to beer sales. John Duval stated the policies, marked as Exhibits A and B, were admissible into evidence. Mr. Wagner stated the store's policy is to card anyone 25 or under. He spoke of the penalty imposed for the violation in Longmont. He spoke of the cash register system which alerts the clerk when alcoholic beverages are being scanned and noted the equipment would be installed at the Drake location in May. Authority member Cooper made a motion, seconded by Authority member Poncelow, to approve Kenneth Wagner as the manager of Safeway Store #913, 2160 West Drake Road. Yeas: Cooper, Crowfoot, Mael, Norton, Poncelow, Schroeer, and Wawro. Nays: None. THE MOTION CARRIED. Transfer of Ownership of Collindale Golf Course, 1441 East Horsetooth Road, and Trade Name Change to Costa and Campbell Partnership, Approved Wayne Costa, partner, stated they have a 1-year renewable concessionaire agreement at Collindale. He stated he lives outside the city limits but within Larimer County and Mr. Campbell will be moving from Denver to Fort Collins. He clarified for the Authority that the licensed premise includes the golf course with the exception of the on -site superintendent's home. Stephen Campbell, partner, spoke of the training for employees and noted he has prepared a training manual. He estimated there will be 10 full and part-time employees. He reported that he has not had a liquor violation at any licensed establishment and stated any person 30 or under will be carded. 0 • February 24, 1993 Authority member Schroeer made a motion, seconded by Authority member Wawro, to approve the transfer of ownership of Collindale Golf Course, and trade name change to Costa and Campbell Partnership. Yeas: Cooper, Crowfoot, Mael, Norton, Poncelow, Schroeer, and Wawro. Nays: None. THE MOTION CARRIED. Show Cause Hearing for Tortilla Marissa's, 2635 South College Authority member Crowfoot stated that she knew the licensee, but did not believe it would affect her decision in this matter. Assistant City Attorney John Duval stated that a stipulation agreement with regard to the violation has been reached. He outlined the terms of the agreement as follows: 1. The licensee stipulates to the violation of selling to an underage person. 2. The license will be suspended for 5 days, with 1 day actively served, 2 days served by paying a fine of $100 in lieu of suspension, and the remaining 2 days held in abeyance for a period of 1 year. 3. The licensee will send all employees to an alcohol education program within 90 days. 4. The licensee will purchase a Beer and Liquor Code Book within 90 days and keep it on the premises at all times. Officer Krenning stated he believes the agreement is fair, noting the business has been operating for 6 years without a violation. He stated the violation was not a reflection of the management. Doug DeMercurio, owner, agreed with the stipulation agreement and stated he takes the violation seriously. He spoke of his liquor training program and offered copies of the program material to the Authority. He stated failure to check identification of a suspected underage drinker results in automatic termination of the employee. He clarified the majority of his clientele is family. Authority member Schroeer commented he believes the suspension should be on the same night of the week that the violation occurred. He stated the number of days of suspension should be higher, with additional days held in abeyance. Authority member Mael made a motion, seconded by Authority member Norton, to accept the stipulation agreement as presented. Authority member Cooper concurred with Authority member Schroeer, stating the suspension should occur on the same day of the week that the violation occurred. Authority member Wawro agreed with members Schroeer and Cooper. • February 24, 1993 Authority member Crowfoot stated she believes the penalty is fine, but agrees that the suspension should occur on the same day of the week as the violation. Mr. DeMercurio stated he did not object to changing the date of the suspension. Authority member Mael offered an amendment to his previous motion to change the actual date of suspension to March 17. Authority member Norton, as the second to the motion, accepted the amendment as a friendly amendment. The vote on Authority member Mael's motion as amended was as follows: Yeas: Cooper, Crowfoot, Mae], Norton, Poncelow, Schroeer, and Wawro. Nays: None. THE MOTION CARRIED. Police Report Joel Tower reported that on February 6, 53 compliance checks were conducted in a 4-hour period. He spoke of a meeting scheduled for March 11 in the Chambers with all licensees. Authority member Mael spoke of a recent ad by the Smiling Moose regarding liquor specials and happy hour times. He stated he wanted the police to be aware of what is going on. Authority member Cooper expressed concern regarding reduction of days in abeyance for Spirits approved at the last meeting. Authority member Crowfoot stated she has discussed with City Council the need for a full-time liquor enforcement officer. She stated this would be an appropriate time for the Authority to write a letter expressing its view regarding a full- time position. Authority member Norton, made a motion, seconded by Authority member Wawro, to write a letter to City Council requesting a full-time liquor enforcement officer. Sergeant McLellan responded to Authority questions and stated he would look into LEAP grants to see what is required. He stated he did not know if the Department would view it as a priority. Authority member Cooper spoke of his reluctance to tell the City how to spend money. He spoke of the number of alcohol -related crimes and questioned where the priority is. Authority member Norton stated she believes the City goes out of its way to solicit information from volunteer groups. She stated the Authority needs to recommend to the City Council that a full-time position be designated for a liquor enforcement officer. Sergeant McLellan commented he would welcome a recommendation from the Authority. He stated it is difficult to conduct all the compliance checks during the year, as well as the rechecks that need to be done. February 24, 1993 Authority member Poncelow suggested person to conduct compliance checks, take a proactive approach. including in the recommendation not only a but also education for establishments to Authority member Schroeer commented that he did not have a problem with asking City Council for the money since it is taxpayer money and the Authority is a citizen advisory board. The vote on Authority member Norton's motion was as follows: Yeas: Cooper, Crowfoot, Mael, Norton, Poncelow, Schroeer, and Wawro. Nays: None. THE MOTION CARRIED. Adjournment Authority member Cooper made a motion, seconded by Authority Member Poncelow to adjourn. Yeas: Cooper, Crowfoot, Mael, Norton, Poncelow, Schroeer, and Wawro. Nays: None. THE MOTION CARRIED. The meeting was adjourned at approximate Secretary