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HomeMy WebLinkAboutLiquor Licensing Authority - Minutes - 01/27/1993! 0 A regular meeting of the Liquor Licensing Authority was held on Wednesday, January 27, 1993, in the Council Chambers of the Fort Collins Municipal Building. The following members were present: Crowfoot, Mael, Norton, Poncelow, Schroeer, and Wawro. Authority Members Absent: Cooper 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. 2. 3. Steak and Ale of Colorado, Inc., the hotel -restaurant licensee for Bennigan's, 2203 South College, is reporting a change of corporate officers and directors. Edward Greene is replacing Robert Svehlak as president and director. Karen Van Valkenburgh is replacing Marci McLean as senior vice president and director. This item appears on the agenda for the information and acknowledgement of the Authority before the application is forwarded to the State. • • January 27, 1993 Authority member Schroeer made a motion, seconded by Authority member Norton, to adopt and approve all items not removed from the Consent Calendar. Yeas: Crowfoot, Mael, Norton, Poncelow, Schroeer, and Wawro. Nays: None. THE MOTION CARRIED. Registration of Michael Piotraschke as Manager of Nate's Steak and Seafood Place, 3620 South Mason. Approved (Secretary's Note: Authority member Crowfoot withdrew from this item due to a perceived conflict of interest.) Michael Piotraschke, general manager, spoke of his responsibilities now as general manager compared with those when he was manager. He stated there have been no violations since he started at Nates in 1989. Upon questioning from the Authority, he explained the DUI listed on his application and spoke of his rehabilitation. He noted he will oversee the training of the bar personnel. Authority member Mael made a motion, seconded by Authority member Schroeer, to approve Michael Piotraschke as manager of Nate's Steak and Seafood Place, 3620 South Mason. Yeas: Mael, Norton, Poncelow, Schroeer, and Wawro. Nays: None. Crowfoot withdrawn. THE MOTION CARRIED. Registration of Peter Osterfelt as Manager of The Olive Garden Italian Restaurant 3905 South College Approved Peter Osterfelt, general manager, stated there were no violations while he was employed at Delfannies. He indicated there were no violations at any of the other licensed establishments where he was employed. He provided the Authority with a copy of the training materials used at Olive Garden and noted it is very similar to TIPS. He stated he will be doing all the training on site for all personnel including kitchen staff. He indicated he took the TIPS training when he was a manager at Delfannies. He noted the carding policy of The Olive Garden is to card anyone who appears to be 35 years old or under. Authority member Poncelow made a motion, seconded by Authority member Norton, to approve Peter Osterfelt as manager of The Olive Garden Italian Restaurant, 3905 South College. Yeas: Crowfoot, Mael, Norton, Poncelow, Schroeer, and Wawro. Nays: None. THE MOTION CARRIED. • January 27, 1993 Transfer of Ownership of Funtime Concessions, 411 South Bryan, and Trade Name Change to City Park Nine Golf Course. Approved Jim Greer stated he is transferring the 3.2% beer license from Funtime Concessions into his name. He stated he held the 3.2% license at City Park Golf Course from 1978 to 1989 and trained his personnel in the past. He indicated he will continue to operate beer carts on the course. Upon questioning from the Authority, Mr. Greer stated beer will be sold at the counter and then taken to tables inside the clubhouse. Authority member Crowfoot asked Mr. Greer how he will monitor the tables that are inside the clubhouse. Mr. Greer indicated he is aware that problems with underage drinkers could occur and he will monitor the tables as he has in the past. Authority member Crowfoot expressed her concerns about how accessible the golf course is to college -age or younger golfers. Mr. Greer stated the employees selling alcohol out of the beer carts will be instructed to watch for underage drinkers and how to handle any problems. He indicated there were no problems when he held the license before. Authority member Mael made a motion, seconded by Authority member Norton, to approve the transfer of ownership of Funtime Concessions, 411 South Bryan, from Nancy Hoffman to James Henry Greer, and trade name change to City Park Nine Golf Course. Yeas: Crowfoot, Mael, Norton, Poncelow, Schroeer, and Wawro. Nays: None. THE MOTION CARRIED. Police Report Tortilla Marissa's Officer Troy Krenning gave a report on Tortilla Marissa's. He stated that on December 30, 1992, he and Officer Tower conducted a compliance check at Tortilla Marissa's. He indicated that at 5:00 p.m., Officer Tower, along with a 19-year- old operative named Tony Keller, went into the establishment. He noted after they were seated, Mr. Keller ordered two beers and the waitress did not ask for any identification and there was no question of the age of Mr. Keller or Officer Tower. He indicated that shortly afterward, the waitress returned with two open beer bottles, upon which Mr. Keller left the restaurant, and reported to Officer Krenning, who was waiting in his vehicle. Officer Krenning stated he then went into Tortilla Marissa's and spoke to Mr. Bell, the general manager, and explained what had happened and pointed out the open beers at the table where Officer Tower was still seated. Officer Krenning indicated Mr. Bell stated, "We've made a mistake" and noted that based upon Mr. Keller's appearance, there was no justification for his not having been carded. Officer Krenning indicated they obtained a written statement from Mr. Keller after the incident, as well • • January 27, 1993 as a Polaroid picture of Mr. Keller as he appeared that night. Officer Krenning requested that the Authority find probable cause to schedule a show cause hearing for Tortilla Marissa's for sale of an alcoholic beverage to a person under the age of 21. Authority member Mael made a motion, seconded by Authority member Norton, to find that probable cause exists to schedule a show cause hearing for Tortilla Marissa's, 2635 South College, for alleged violation of Section 12-47-128(5) (a)(I), C.R.S. Upon questioning from the Authority, Officer Krenning stated that the waitress, Lisa Ortiz, was not taken into custody but was cited for the violation and given a misdemeanor summons. He indicated that this is the first violation at Tortilla Marissa's that has been brought to the Authority. He noted that in the first instance of the establishment's failure to pass a compliance check, they were given a warning. The vote on Authority member Mael's motion to schedule a show cause hearing was as follows: Crowfoot, Mael, Norton, Poncelow, Schroeer, and Wawro. Nays: None. THE MOTION CARRIED. Authority member Mael made a motion, seconded by Authority member Norton, to authorize the City Attorney's office to issue subpoenas for Tony Keller and Lisa Ortiz. Yeas: Crowfoot, Mael, Norton, Poncelow, Schroeer, and Wawro. Nays: None. THE MOTION CARRIED. The Smiling Moose Officer Krenning stated he has gone to The Smiling Moose five different times for lunch or dinner while on duty. He indicated he had no complaints from the neighbors, who noted they are cautiously hopeful. He stated he believed the establishment is greatly improved over when it was The Junction and is doing a wonderful job. Spirits Liauor Store Officer Krenning reported to the Authority regarding Spirits. He asked the Authority to amend the current stipulation agreement to reduce the abeyance period from two years to one year due the licensee's proactive efforts to improve the situation and see that mistake do not occur. Upon questioning from the Authority, Officer Krenning stated Police Services has conducted two compliance checks since the stipulation agreement and noted the establishment passed both times. January 27, 1993 Authority member Mael made a motion, seconded by Authority member Wawro, to pardon the remaining year left on the stipulation agreement with Spirits Liquor Store with the stipulation they pass one additional compliance check in February, and that the City Clerk write a letter expressing thanks for their efforts to correct their problems. Authority member Norton stated she would not support the motion. She indicated she would look instead at lowering the amount of time substantially. Authority member Mael stated he would support the motion. Authority member Schroeer stated he would support the motion also. The vote on Authority member Mael's motion was as follows: Yeas: Crowfoot, Mael, Poncelow, Schroeer, and Wawro. Nays: Norton. THE MOTION CARRIED. Tanqueravz Officer Krenning stated he is not aware of any additional complaints. Sergeant Tom McLellan noted the establishment passed a compliance check last week. Other Business Consideration of the 1992 Annual Report Authority member Norton made a motion, seconded by Authority member Wawro, to accept the 1992 Annual Report as prepared by the City Clerk's Office. Yeas: Crowfoot, Mael, Norton, Poncelow, Schroeer, and Wawro. Nays: None. THE MOTION CARRIED. Loveland Liquor Licensing Authority Authority member Schroeer stated he believed it was time again to invite the Loveland Authority to meet with the Fort Collins Authority to discuss what Loveland is doing and to exchange current practices and new ideas. He asked Secretary Rita Harris to make the invitation. Ms. Harris suggested also inviting Will Harris who is the new State Liquor field investigator for the Fort Collins area. Authority member Norton suggested one of the topics of the meeting could be whether Loveland is doing stipulation agreements, and if so, how they approach them. In response to a suggestion from the Authority, Ms. Harris said she would invite Mary Bloom from the Commissioner's Office and Sheriff Shockley. January 27, 1993 Manager Registrations Authority member Mael ask if registration of manager requests have to go before the Authority. He suggested registrations could be handled administratively by the City Clerk's Office. Assistant City John Duval stated that there is a City ordinance that requires proposed managers be present at the public meeting of the Authority when the approval is considered. Authority members discussed the issue and concluded they would like to see the power kept with the Authority. Adjournment Authority member Norton made a motion, seconded by Authority member Schroeer, to adjourn. Yeas: Crowfoot, Mael, Poncelow, Schroeer, and Wawro. Nays: Norton. THE MOTION CARRIED. The meeting was adjourned at approximately 7:10 p.m. A/401 X'5 ecretary