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HomeMy WebLinkAboutLiquor Licensing Authority - Minutes - 10/28/1992LIQUOR LICENSING AUTHORITYMINUTES Regular Meeting - October 28, 1992` 6:30 p.m. Council Liaison: Bob Winokur Staff Liaison: Rita Knoll Harris A regular meeting of the Liquor Licensing Authority was held on Wednesday, October 28, 1992, in the Council Chambers of the Fort Collins Municipal Building. The following members were present: Crowfoot, Mael, Norton, Poncelow, Schroeer, and Wawro. (Authority member Cooper arrived at approximately 6:35 p.m.) Staff Members Present: John Duval, City Attorney's Office Rita Knoll Harris, City Clerk's Office 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. This is a request from MCP, Inc., the tavern licensee for Gators, 1220 West Elizabeth, to change the trade name of the establishment to Tanquerayz. 2. Report of Change of Corporate Structure for the Benevolent and Protective Order of Elks #804, dba Elks Lodge #804, 140 East Oak. The Benevolent and Protective Order of Elks #804, the club licensee for Elks Lodge #804, 140 East Oak, is reporting a change of corporate officers. Darrel Walker is replacing Stanley Cole as president, Stanley Cole is replacing Hugh Hiigel as vice-president, Edmund Robert is replacing Raymond Ford as secretary, and Leo McKittrick is replacing James McIver as treasurer. 3. Report of Change of Manager for Pizza Hut Restaurant, 4643 South Mason. Larimer County Pizza Hut, Inc., the 3.2% beer licensee for Pizza Hut Restaurant, 4643 South Mason, is reporting a change of manager. Gary Bolton is replacing Darryl Hagen. October 28, 1992 4 5 3 Report of Chance of Manager for Pizza Hut Restaurant. 1075 Pennock Place. Winny Enterprises, Inc., the 3.2% beer licensee for Pizza Hut Restaurant, 1075 Pennock Place, is reporting a change of manager. Gary Bolton is replacing Victoria (Laviolette) Bertucci. Transfer of Ownership of Pizza Hut Restaurant, 4643 South Mason. This is a request to transfer the ownership of Pizza Hut Restaurant, 4643 South Mason, from Larimer County Pizza Hut, Inc. to Winny Enterprises, Inc. Transfer of Ownership of Wine and Liquor Specials, 2439 South College #C4. This is a request to transfer the ownership of Wine and Liquor Specials, 2439 South College #C-4, from Wagib and Hanan Shuweihat to Hanan Shuweihat. Authority member Mael 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 Richard Lucio as Manager of The Armadillo, 354 Walnut, Approved Richard Lucio, manager, stated that he previously owned and managed a licensed establishment in Arizona and noted he had no violations while managing that restaurant. He indicated he also had no violations when he managed the Armadillo restaurant in La Salle, Colorado. He pointed out that 10 years ago he managed the Fort Collins Armadillo and had no violations then. Authority member Mael made a motion, seconded by Authority member Cooper, to approve Richard Lucio as manager of The Armadillo, 354 Walnut. Yeas: Cooper, Crowfoot, Mael, Norton, Poncelow, Schroeer, and Wawro. Nays: None. THE MOTION CARRIED. Registration of Brad Smith as Manager of Lone Star Steakhouse and Saloon, 100 West Troutman Parkway, Approved Brad Smith, manager, and David Osborn, attorney, introduced themselves. Mr. Smith stated that in his experience managing restaurants, there was only one violation at the Olive Garden in Denver two weeks after opening. He noted he was not on duty at the time, but still took responsibility for the violation as general manager. He indicated he is currently familiarizing himself with the Colorado and Fort Collins liquor codes. He spoke of training provided to • • October 28, 1992 employees and noted the staff is instructed to card anyone who appears to be under 30 years of age. Authority member Mael made a motion, seconded by Authority member Cooper, to approve Brad Smith as manager of Lone Star Steakhouse and Saloon, 100 West Troutman Parkway. Yeas: Cooper, Crowfoot, Mael, Norton, Poncelow, Schroeer, and Wawro. Nays: None. THE MOTION CARRIED. Registration of Margaret Luckenbill as Manager of The Neighborhood Grill, 1113 West Drake, Approved Margaret Luckenbill, manager, spoke of her prior experience working at licensed establishments and noted there were no violations at any of those establishments. She explained The Neighborhood Grill management staff conducts one-on-one training with their waitstaff and indicated they card anyone who appears to be under the age of 35. She stated that the managers usually serve as bartenders, noting they often recheck ID if they believe the waitstaff may have made an error. She indicated she is on premise approximately 40 to 45 hours a week. Authority member Mael made a motion, seconded by Authority member Cooper, to approve Margaret Luckenbill as manager of The Neighborhood Grill, 1113 West Drake. Yeas: Cooper, Crowfoot, Mael, Norton, Poncelow, Schroeer, and Wawro. Nays: None. THE MOTION CARRIED. Consideration of an Application from the Colorado State University Department of Music, Theatre, and Dance for a Special Events Permit at the Lory Student Center, Approved Authority member Crowfoot withdraw from consideration and vote on this item due to a perceived conflict of interest. Lee Egbert, Director of Choral Activities, stated he has been involved with the choral program here since 1987 and for 12 years before that in another state. He indicated that there is one change from the event the Authority approved last year: there will be more training of the wine stewards. He noted that his department, rather than the caterers, will be choosing, hiring, and instructing these people and they will be over 21. He indicated they will be instructed to card any attendee who appears to be under the age of 30 and there will be only one glass of wine served per customer. He noted there have been no problems at past events. • October 28, 1992 Authority member Poncelow made a motion, seconded by Authority member Mael, to approve the special events permit for the Department of Music, Theatre, and Dance at the Lory Student Center on December 3, 4, and 5. Yeas: Cooper, Mael, Norton, Poncelow, Schroeer, and Wawro. Nays: None. (Authority member Crowfoot withdrawn) THE MOTION CARRIED. Request from Pringle Enterprises, Inc., dba Pringle Brothers Fine Wine and Spirits, 2100 West Drake Road #11, to Change, Alter, or Modify the Premises. Found Substantial and Approved Phil Pringle, owner, approached the Authority with a floor plan showing the proposed modifications. He stated that they are taking over unoccupied, adjacent tenant space. He indicated there will be no entry or exit or cash registers in the new space, but it will be used to expand the wine department due to demand. He noted one wall will be torn down between the existing store and the new space. He noted that the business has experienced rapid growth over the last 3 years, and he needs to expand to accommodate customer requests. He stated that the expansion should increase business 5 to 8 percent. Authority member Poncelow made a motion, seconded by Authority member Norton, to find that the modification of Pringle Enterprises, Inc., dba Pringle Brothers Fine Wine and Spirits, 2100 West Drake Road #11, is substantial. Yeas: Cooper, Crowfoot, Mael, Norton, Poncelow, Schroeer, and Wawro. Nays: None. THE MOTION CARRIED. Phil Pringle was sworn. He stated he had submitted a letter from one of his most knowledgeable customers expressing support for the expansion. He noted that his other customers and nearby business owners have expressed their support verbally, and that there have been no negative comments about the expansion. Assistant City Attorney John Duval stated that Applicant's Exhibit A, a letter from Ms. Judy Schindler, 2301 Sheffield Drive, is admissible into evidence. Upon questioning from the Authority, Mr. Pringle stated again that he believes more open space will allow room for shopping carts to get into the wine department more easily and thus increase sales. He noted that the expanded area will be used exclusively for upscale wines, particularly some red wines that are gaining in popularity. Officer Troy Krenning noted Mr. Pringle and his establishment have been very responsible. He stated Mr. Pringle and his employees recently attended TIPS training. Officer Krenning recommended approval of the modification based on the record of the establishment. Authority member Schroeer made a motion, seconded by Authority member Mael, to approve the modification of Pringle Enterprises, Inc., dba Pringle Brothers Fine Wine and Spirits, 2100 West Drake Road #11. Yeas: Cooper, Crowfoot, Mael, • • October 28, 1992 Norton, Poncelow, Schroeer, and Wawro. Nays: None. THE MOTION CARRIED. Request from Frank and Mary Perez, dba Pobre Panchos, 1802 North College, to Change, Alter, or Modify the Premises. Found Substantial and Approved Frank Perez, owner, stated he wants to add 935 square feet to the licensed premises, which will include 20 additional seats, more kitchen space, and a handicapped bathroom. He indicated the addition will extend into the present parking lot on the east side of the building. He indicated that his present seating capacity is 38. He stated that the service bar will be relocated to the addition. Authority member Mael made a motion, seconded by Authority member Norton, to find that the proposed modification to Pobre Panchos, 1802 North College, is substantial. Yeas: Cooper, Crowfoot, Mael, Norton, Poncelow, Schroeer, and Wawro. Nays: None. THE MOTION CARRIED. Frank Perez was sworn. Assistant City Attorney John Duval identified Applicant's Exhibits A through F as letters of support. He stated that Exhibits A through E were admissible into evidence, but that Exhibit F is not admissible due to a lack of name or address. Mr. Perez stated that his establishment may be open until 9:30 p.m. on Fridays and Saturdays, which is 1/2 hour longer than current closing time. He noted that his current liquor sales are 15% and he does not expect any increase with the additional seats. He indicated there has been no opposition to the proposed changes. He stated there will be a total of 30 parking spaces after the expansion. Authority member Poncelow made a motion, seconded by Authority member Mael, tc approve the modification of Pobre Panchos, 1802 North College. Yeas: Cooper, Crowfoot, Mael, Norton, Poncelow, Schroeer, and Wawro. Nays: None. THE MOTION CARRIED. Request from CooperSmith Brewing Company, dba CooperSmith's Pub and Brewing, #5 Old Town Square, to Change, Alter, or Modify the Premises, Found Substantial and Approved Scott Smith, owner, stipulated that the change is substantial since the proposed modification will double the size of the establishment. • • October 28, 1992 Authority member Wawro disclosed that he had discussed these changes briefly on an informal basis with Scott and Mark at Coopersmith's and noted it would not affect his decision in this matter. Scott Smith was sworn. He gave the history of the establishment, stating that CooperSmith's opened in 1989. He noted they have expanded the brewery once already and are at full capacity. He indicated that during the cold weather they lose their patio seating, which is a 50% reduction in their business. He noted they have a large family clientele, and when people with children have to wait for 45 minutes for a table, it is bad for business. Mr. Smith stated that customers have told him he needs more room. He indicated he considered expanding to the second floor, but the ADA guidelines are too restrictive. He stated that by expanding the way they are proposing, they will be able to increase the brewery size by about 30 percent. He spoke of the lengthy process to get to this point. He stated that because of all the rules and regulations, they need to lease the space between CooperSmith's and Comedy Works to establish a continuous licensed premises. He noted that the first step they took was with the Downtown Development Authority (DDA), which owns the 'land between the two buildings. He indicated that the DDA "quit claimed" the land to the owners of Old Town Square, who in turn leased it to him. He stated that the next step was with the Landmark Preservation Committee (LPC), which approves all structural and cosmetic changes. He noted that after two conceptual meetings, he will be meeting with the LPC next Wednesday for the final approval of the design. He stated he has also worked closely with City Planning, and met with the State Liquor Division to discuss the plans. He noted that the State indicated they want a line of demarcation at each end of the courtyard so a customer knows where the pub begins and ends. He stated that the wrought iron arch on either end will be a cosmetic and functional link between the structures. Secretary Rita Harris stated that she met with Mr. Smith and the State Liquor Division in order to make sure what the State's position was concerning the contiguous space. She indicated the State saw no problem with the final drawings as submitted and with the concept, and as long as the proof of possession documents meet the legal requirements. Mr. Smith stated that there will be an arch on each end of the courtyard to define it as their entry courtyard. He noted they will construct an easy pedestrian flow through there. He indicated he has no intentions of turning this into a beer garden and that there will never be a beer table or drinking in this area. He stated that customers will not be allowed to buy a drink in one area and walk across to the other. He indicated it will be controlled in the same way as it is now, i.e. no alcohol will go out the door. He noted there will be signs stating, "No alcohol beyond this point." He emphasized there is no intention of changing the character of the courtyard, that it will still be a pedestrian access to Old Town Square. Mr. Smith indicated that within the new interior space there will be an upscale billiards parlor, which is a new trend all over the country. He stated that he will be targeting existing clientele, giving them something to do at Coopersmith's. He noted the menu will feature pizza. He indicated that this is a major character change and that the new space will be a more active bar. He noted that Coopersmith's presently runs a 60/40 split of food to alcohol. He stated he projects the new space to do a 50/50 mix but with less volume, which • • October 28, 1992 will change the total mix to 58/42. He pointed out that this is all one space, all Coopersmith's with the same management team, same governing philosophies, same standards. He stated they have a very pro -active in-house alcohol training program. He noted that he and his manager, Mark, train the alcohol servers on a one-to-one basis. He briefly explained the program they use, called "SMART" (Service, Monitoring, Analyzing, Reacting, and Talking). Assistant City Attorney John Duval identified Applicant's Exhibits A and B as petitions, Exhibit C as a letter from the Executive Director of the Downtown Business Association, and Exhibit D as a letter from the Executive Director of the Downtown Development Authority. He noted all exhibits were admissible into evidence. Upon questioning from the Authority, Mr. Smith stated there will be no live entertainment. He noted the new area will seat approximately 100 and there will be 7 pool tables. Regarding the needs and desires of the neighborhood, he spoke briefly about the supporting letters and petitions which were entered as evidence. He indicated there is a wide variety of business owners in the downtown area, and that everyone was very supportive of this as an addition to Old Town. He stated that people questioned in the door-to-door survey were very supportive also. He noted that the demographics of the neighborhood have not changed substantially since the initial petitioning for the existing liquor license. He pointed out that the premises have been posted, with positive comments resulting, and that the local newspapers have covered the process closely. Mr. Smith stated that families can eat in the new proposed facility and that their homemade sodas will also be available in the new area. He emphasized again that customers will not be allowed to transfer their alcoholic beverages between buildings. He noted there will continue to be benches in the courtyard, but no table seating and no food or beverage service. Secretary Harris noted that the delineation of the boundary area was Lemay, Pitkin, Shields and Conifer, approximately 1 mile in each direction. She also pointed out that the floor plans presented indicate that there are some overhead beams on the interior of the courtyard that she believes are not actually going to be included in the final design. Mr. Smith approached the Authority with the final renderings of the proposed changes. Assistant City Attorney John Duval identified the drawings as Exhibits E and F and stated they were admissible into evidence. In response to questions from the Authority, Mr. Smith noted that there will be covenants imposed by the Downtown Development Authority that Coopersmith's cannot serve liquor in that courtyard. He indicated this was something that still had to be worked out on the State level. He stated that the covenants are not in place yet, that the attorney for the DDA is still working with Foxfire to do this. He noted that the DDA and the owners of Old Town Limited Properties would have an agreement they will pass on to Coopersmith's prohibiting them from serving alcohol in the courtyard area. He indicated that the liquor license would not prohibit him from allowing alcohol in that area. Mr. Smith noted that • • October 28, 1992 there is just one entrance/exit in the new facility and the others are fire doors. He stated that the original Comedy Works entrance will be used as a service entrance for the brewery. Officer Troy Krenning stated there are few management teams and owners that Police Services would feel comfortable supporting, and recommended approval of the modification. Authority member Poncelow made a motion, seconded by Authority member Norton, to approve the modification of CooperSmith's Pub and Brewing, #5 Old Town Square. Authority member Cooper stated he will support the motion but he has strong reservations about the courtyard area. He noted that since it is being approved as part of the establishment, the Authority cannot stop the liquor from being in the courtyard area, but he is relying on Mr. Smith's assurance that there will not be any liquor out there. Authority member Crowfoot stated she would support the motion, but noted she has some reservations about the courtyard. She indicated she believes Mr. Smith has worked with everyone he needs to and expressed hope that it will work in the way the Authority would like to see it done. The vote was on Authority member Poncelow's motion was as follows: Yeas: Cooper, Crowfoot, Mael, Norton, Poncelow, Schroeer, and Wawro. Nays: None. THE MOTION CARRIED. Transfer of Ownership of Peoples Bar, 934 South Lemay, and Trade Name Change to Godfather's Pizza, Approved Mario Miano, part owner of the Godfather's Pizza on South College Avenue, stated he will be manager of both locations, dividing his time between the two. He indicated the Lemay Avenue Godfather's will be open in December with the same type of operation as the South College location. He noted that he anticipates 3% beer sales at the Lemay Godfather's. He stated there will be a patio, and he approached the Authority with the floor plan. Mr. Miano noted the patio will have a potential of 60 seats. He indicated there will be a 4-foot to 5-foot fence around the patio with the only access to the patio being through the restaurant. Upon questioning from the Authority, Secretary Rita Harris explained why a few key items were crossed out and changed on the notarized background investigation questionnaires. She stated that when an applicant has recently filed documents for another similar establishment, this is allowed in lieu of filling out another set of papers. She indicated she did not consider this a problem since these documents were more for the Authority and her to match up with the application. She pointed out that G.F. Four Investments will now have a tavern license and a 3.2 license in Fort Collins. Mr. Miano stated that the Lemay Avenue establishment will operate the same as the other Godfather's Pizza. He indicated that down the road they might go to a full • • October 28, 1992 service type establishment and would come back to the Authority at that time if they decided to do this. He noted that the customers take the beer with them to the tables at the time they purchase the food at the counter. He stated he does not anticipate serving anything but beer, although the tavern license would allow him to do so. Authority member Schroeer made a motion, seconded by Authority member Norton, to approve the transfer of ownership of Peoples Bar, 934 South Lemay, and Trade Name Change to Godfather's Pizza. Yeas: Cooper, Crowfoot, Mael, Norton, Poncelow, Schroeer, and Wawro. Nays: None. THE MOTION CARRIED. Transfer of Ownership of Coco Loco Taqueria and Cantina, 134 South College, and Trade Name Change to El Jacalito Restaurant, Approved Jose Luis Fuerte, owner, stated that the restaurant will have the same menu and format. He indicated that he now has a full service waitstaff. He noted that the alcohol is prepared at a service bar and taken to the table. He stated there is no lounge area. He indicated he has no prior liquor license experience. He stated he is reading the laws and regulations and will set up a program to train his employees for serving and carding. He indicated that the present policy is to card everybody. He stated he has been operating the establishment for 1-1/2 months, noting he helped his brother previously when it was Coco Loco. He indicated his brother is helping him become familiarized with the restaurant. Authority member Poncelow made a motion, seconded by Authority member Cooper, to approve the transfer of ownership of Coco Loco Taqueria and Cantina, 134 South College, and Trade Name Change to E1 Jacalito Restaurant. Yeas: Cooper, Crowfoot, Mael, Norton, Poncelow, Schroeer, and Wawro. Nays: None. THE MOTION CARRIED. Transfer of Ownership of J.J. McCabe's Sports Grille, 518 West Laurel, and Trade Name Change to Smiling Moose, Approved John Kincaid, president of Laurel Street, Inc. was sworn (at his request). He spoke of his background in the restaurant business, beginning in 1970. He stated he managed The Junction Eating Place for approximately four years, then moved into a regional manager role, staying with Concept Restaurants for 12 years. He noted he was also involved with the Prime Minister and Old Chicago at various times. He indicated he started his own company in 1986, buying the restaurant in Greeley and making it into what is now the Smiling Moose Bar and Grille. He noted he opened another Smiling Moose in Rochester, Minnesota, 1-1/2 years ago and now owns what was formerly J.J. McCabe's. He indicated he has been involved with liquor and food for almost 17 years. He submitted menus to the Authority. Ll • October 28, 1992 Assistant City Attorney John Duval stated Applicant's Exhibit A, identified as a menu, was admissible into evidence. Mr. Kincaid stated that his Smiling Moose restaurants are family -oriented establishments with a 60/40 percent split in food to liquor. He noted he projected the same 60/40 split in the Fort Collins restaurant. He indicated there are many promos oriented toward children and the community, such as Halloween and Christmas, with the focus on food. He spoke of the modifications he is making to the premises. He stated that at present he does not plan to use the patio area for a bar and late night drinking, but only for dining. He indicated he has had several meetings with the neighborhood and Officer Krenning and is fully aware of past problems in the area. He stated that his management style and philosophy is quite different from Concept Restaurants. He indicated he will not have live entertainment and that a food menu will be served all the way until closing at 1:30 to 2:00 a.m. He noted that in his other restaurants he promotes and serves food in the lounge. He stated he hopes that people in the neighborhood will not judge his management based upon what has been done in the past by the previous management. He indicated he believes he can work together with the neighborhood committees, his management team, and Police Services to try to avoid situations that have caused past problems. In response to questions from the Authority, Mr. Kincaid stated the proposed opening is November 15. He indicated that the character of the Fort Collins restaurant will change completely from the J.J. McCabe's sports bar atmosphere. He stated that the inside and outside appearance of the restaurant will be changed, and although there will be some TV's and video -type games, there will be no pool tables. He compared the atmosphere of the establishment to the County Cork, Potts, and CooperSmith's, with casual family, faculty, and business clientele. He indicated there will be Happy Hours with discount drinks but there won't be give-away drink specials such as Ladies Night or five -far -ones. He noted he will have ongoing food -oriented specials, such as a Sunday all -you -can - eat pork ribs. Mr. Kincaid clarified that the patio will be used for dining only, and not for bar -related activities. He noted the new physical layout of the restaurant has the patio off the dining room, not the lounge. Secretary Harris stated that a background investigation has been completed on Christopher Kildow, the manager of the Smiling Moose, but that he was not given a manager registration form to complete. She requested the Authority consider Mr. Kildow's qualification as manager while she gets the form for him to complete. Christopher Kildow, manager, approached the Authority with the company training manual. Assistant City Attorney John Duval marked the training manual as Applicant's Exhibit B and stated it was admissible into evidence. Mr. Kildow noted that the first page of the training manual contained an outline of the manual. He stated he was in charge of training at the Greeley and Rochester restaurants for a total of 3-1/2 years. He explained that he sits down with each employee on five different days, for 1-1/2 hours each day, and covers the manual word for word, expanding on topics as necessary. He noted that the employee is tested over each day's section and must pass with 90 percent or • • October 28, 1992 better to be on the floor alone. He spoke of the carding policy, stating there will be a doorman on duty at the entrance to the lounge beginning at 5:00 p.m. (at least for the time being) who will card each person who enters. He noted the cocktail waitress will card the person again when he sits down. He spoke of the training given staff with regard to overserving. He noted that people ordering liquor in the restaurant will be carded by the server. He indicated he will train the staff and will be acting as the floor manager for the first two months, as well as the general manager. Upon questioning from the Authority, he stated that at the other establishments the doorman is not on duty until 8:00 p.m. because the crowd tends to come in later. In response to questions from the Authority, Mr. Kincaid stated that he purchased all assets and equipment inside the restaurant and has signed a 10-year lease on the building. He indicated that Concept Restaurants will have no financial interest in the ownership. He noted that the only connection between Laurel Street, Inc. and Concept Restaurants will be in lease form. In response to questions from the Authority, Assistant City Attorney Duval stated the Colorado Liquor Code states, "In determining whether to permit a transfer of ownership, the licensing authority shall consider only the requirements of Section 12-47-111." He pointed out that Section 12-47-111 covers the issue of moral character. He stated that needs and desires of the neighborhood are not an issue in a transfer of ownership. Mark Rosoff, 635 South Whitcomb, stated he believes the Authority failed to address the needs of the neighborhood when the character of the restaurant/bar was being changed. He offered instances when he believed the neighborhood was not served by the Authority. He stated he believes Frank Day still has a stake in what happens at the establishment and that Mr. Day has a percentage interest in the gross profits. He strongly stated that even though the establishment will be half restaurant, it will still remain half bar, and the character of the establishment will not be changed significantly by this new arrangement. He asked the Authority to consider the moral character, not just of the person who is applying for the license, but that of the very character of the bar. He noted that the neighborhood is tired of the past situation and cannot wait another year to find out that no one can control the neighborhood. He asked the Authority to consider whether the neighborhood really needs a bar of any kind in that location. In response to a question from the Authority, Mr. Rosoff indicated that he was not a part of the neighborhood group that worked on the stipulation agreement for the last violation at J.J. McCabes. He stated he was told at that time that the stipulations were probably the best that this board would agree to. He noted he thought they should have asked for closing at the time. Authority member Cooper commented that he believed Mr. Rosoff was expecting more from the board than what Mr. Rosoff was willing to give them. He stated he remembered the hearing well because he had opposed the agreement that was brought forth. He noted, however, that he could not fault the board for approving it simply because, while Mr. Rosoff had some strong, valid objections to what occurred, Mr. Rosoff did not come forward and express his concerns. He indicated that all the Authority had to go on was what was presented and they had to go on the evidence that was before them. • • October 28, 1992 Mr. Rosoff stated he was lead to believe that getting the stipulation agreement approved by the licensee was a major hurdle. He noted that the provisions about the hours of operation and security in the parking lot are now being bypassed. Authority member Cooper recommended that if Mr. Rosoff sees violations to the stipulations, he should call the City and have them bring a case before the Authority. He noted that at present the Authority needs to deal with the matter before them. Karen Anthony (sp?), identified only as a resident of the neighborhood, stated that she was at the show cause hearing and that there was no opportunity for citizen comment. She indicated that had there been opportunity, she would have spoken up at that point to let the Authority know what the group was really feeling. She noted the neighborhood has been working with the Police for two years, and indicated it was very frustrating to be told to go back and continue to work with the Police. Jean Kamal, 645 South Whitcomb, expressed her appreciation for the meeting with Mr. Kincaid. She stated she concurred with Mr. Rosoff that it's been difficult living in that area and that they hope to restore it by getting the landlords and absentee landlords to establish a certain quality to their leases. She noted that what goes on at the Smiling Moose will be part of the neighborhood group's attention. She stated they shared Mr. Kincaid's hope that this will be a successful venture that will enhance the neighborhood. She indicated that it is always difficult to control serving liquor to students and it will take excellent management to do so. She expressed her concern about the hours of closing contributing to many of the past problems. She stated the group would like to negotiate with Mr. Kincaid to consider an earlier closing time than 2:00 a.m. Officer Troy Krenning stated that the establishment has been a reoccurring problem for the Authority and Police Services. He indicated that past management of The Junction, The Junction Bar and Grille, and J.J. McCabes were not responsible, did not do their job, and turned the place into something that should not have been. He expressed the belief that the Authority, the neighborhood, and the Police Department were shanghaied into believing that only beer, wine, and cocktails were going to be served to the dinner customers throughout the evening business. He stated everyone was told the patio was going to be turned into a croquet course, which never happened. He indicated what it did turn into was a rowdy, free-for-all drunken hang-out that turned into a renegade bar. He stated that unfortunately, the Authority isn't here tonight to decide where mistakes were made in the past. He noted that the Police Department would not pre -judge this applicant. Officer Krenning indicated that he met with Mr. Kincaid and the neighborhood association, and that Mr. Kincaid is well aware of the past problems that have taken place at 518 West Laurel. He noted that Mr. Kincaid is well aware that Police Services will not tolerate any violations that may occur there. He stated Mr. Kincaid has indicated that the patio will not become a brawling, drunken playground for college students. Officer Krenning noted that he shares the neighborhood's frustrations. He indicated that Mr. Kincaid has given no reason to distrust him tonight. Officer Krenning stated that Mr. Kincaid has been forewarned about the consequences that lie ahead of him should the liquor code be violated. Officer Krenning stated that the Police Department has done the October 28, 1992 standard background check that is required to ascertain the moral character of Mr. Kincaid and has found no flaws. Officer Krenning noted he personally made a trip to the Smiling Moose in Greeley and spoke to Greeley police officers. He indicated he can find no reason to suggest that the Fort Collins Smiling Moose will be anything less than an upstanding, law-abiding business. In response to questions from the Authority, Assistant City Attorney John Duval stated that the prior stipulation agreement for J.J. McCabes will not carry over to the new owner. He noted that Frank Day's $135,000 equipment lease loan would not be considered an ownership interest, but a debtor -creditor relationship. He stated it sounds like Mr. Kincaid has purchased the assets of the business from Mr. Day, and Mr. Day has carried back some kind of financing. He noted that under the law the new corporation owns those assets and they are debtors of Mr. Day. He noted the creditor can only exercise his interest by foreclosing on the property if there's a default of the payments, but otherwise he doesn't have any other controls over the assets or how they're used so long as they're not removed from the state. Mr. Kincaid indicated that neither Concept Restaurants nor Mr. Day will have any control in the business, either directly or indirectly, providing that he makes his payments. He stated there is a $135,000 note to Concept Restaurants to purchase the assets in the restaurant. He emphasized that he has spent a lot of money to make a sure substantial change is being made in the restaurant. Secretary Harris gave the completed manager registration application to the Authority to look at before they made motions. Authority member Cooper made a motion, seconded by Authority member Norton, to approve the transfer of ownership of J.J. McCabe's Sports Grille, 518 West Laurel, and Trade Name Change to the Smiling Moose. Authority member Crowfoot stated she will vote in favor of the motion, with much reservation. She expressed concern over the past situation and what the neighborhood has had to go through. She cautioned Mr. Kincaid that he will be under heavy scrutiny, and that the Authority probably won't be tolerant should any violations occur. Authority member Norton indicated she will support the motion. She noted that trying to lay blame on past Authority members for the situation would not help. She indicated that having been in the bar and restaurant business in the past, she does believe there are responsible liquor license holders in Fort Collins. Authority member Wawro stated that under the current statutes the Authority is only to look at the moral character of the applicant and not the moral character or history of the premises. Authority member Cooper agreed that the Authority does not have a lot of choice in the matter as far as the business itself. He stated that in looking over the documentation provided, he sees no reason to believe Mr. Kincaid will not be an upstanding citizen of the community. He noted, however, that should the City bring a strong case of violation before the Authority, he will be quick to put as strong a sanction against him as he possibly can. He stated he has talked with the citizens in the community and they have some very valid complaints. • October 28, 1992 The vote on Authority Member Cooper's motion was as follows: Yeas: Cooper, Crowfoot, Mae], Norton, Poncelow, Schroeer, and Wawro. Nays: None. THE MOTION CARRIED. In response to a question from the Authority, Secretary Harris stated that Mr. Kildow's background information was included in the agenda. She noted that the State recently requested a separate manager registration form with hotel - restaurant license applications. Authority member Norton made a motion, seconded by Authority member Poncelow, to approve Christopher Kildow as manager of the Smiling Moose, 518 West Laurel. Yeas: Cooper, Crowfoot, Mael, Norton, Poncelow, Schroeer, and Wawro. Nays: None. THE MOTION CARRIED. Show Cause Hearing for Rocky Mountain Pasta Company, 1100 West Drake Officer Troy Krenning stated that Slappey Mountain Enterprises, Inc., has agreed to stipulate to the facts of the violation. Tom Kindler was sworn. He stated he will be registering as manager at the December meeting. Assistant City Attorney John Duval questioned Mr. Kindler's authority to stipulate to any kind of violation because he is not a registered agent for Slappey Mountain Enterprises. Mr. Kindler indicated he was in the process of filling out the manager registration papers, but he has not yet filed them. Mr. Duval stated his opinion was that technically Mr. Kindler's testimony could not bind the corporation or Mr. Slappey. He expressed his doubt that the Authority could proceed with the hearing. Mr. Kindler explained that Mr. Slappey was in Florida, and Mrs. Slappey was emotionally unable to attend the meeting. He stated the Slappey's are in the process of closing down the establishment due to financial difficulties. He indicated the establishment would be closed as of tomorrow. He stated he was a representative speaking for Mr. Slappey, who did admit that violations occurred. He indicated that Mr. Slappey did not intend to turn in his liquor license at this time since several people are interested in buying the business. Authority member Cooper made a motion, seconded by Authority member Wawro, to postpone the show cause hearing for Rocky Mountain Pasta Company, 1100 West Drake Road, to the December 16, 1992 meeting. Authority members expressed concern about resolving the issue in the absence of Mr. Slappey and discussed the situation with Mr. Kindler, Assistant City Attorney i October 28, 1992 Duval, and Officer Krenning. The vote on Authority member Cooper's motion to postpone was as follows: Yeas: Cooper, Mael, Norton, Poncelow, Schroeer, and Wawro. Nays: Crowfoot. In response to a question from the Authority, Ms. Harris stated as long as Mr. Slappey maintains possession of the premises, his liquor license is valid. She indicated if he should lose possession, he no longer has a license, but the license is available for transfer for the duration of the license period. Authority member Cooper asked if someone else were to come in and buy the establishment or attempt to purchase the assets of the business and wanted the liquor license transferred to them, would the Authority be in a similar situation as with J.J. McCabe's, where they would start afresh with the new owner. Assistant City Attorney John Duval stated he wasn't sure whether the license could be transferred before the pending violation was resolved. Ms. Harris stated that the violation is against the licensee and if he loses possession, he is no longer a licensee. She noted the license would be available for transfer, but the original licensee would not be involved in that transaction. Mr. Duval stated he would need to research this question further. Ms. Harris added that if the restaurant closes, and an application for a transfer of ownership comes in, it is not eligible for a temporary permit to operate prior to approval of the transfer of ownership. She noted a temporary permit allows for the continued operation of the establishment, and if the establishment has closed, the operation cannot be continued. She indicated the new owner would have to come before the Authority for approval and have a new license before he could begin operation. She noted that if the establishment closes tomorrow, and a transfer of ownership application is not filed prior to the expiration of the current license, then it is as if a license never existed at this location. Officer Krenning requested that the show cause hearing not be delayed any longer since the licensee has had ample time to prepare and present his case. Upon questioning from the Authority, Ms. Harris stated that Brenda Slappey, who is a corporate officer, had called asking that the hearing be postponed. Ms. Harris indicated that she told Mrs. Slappey she could not administratively postpone the hearing and that Mrs. Slappey should appear in person to make the request to postpone it. Ms. Harris noted she had the same discussion with the Slappey's attorney (Bill Wyatt). Assistant City Attorney Duval stated that the Authority and Mr. Slappey could enter into a stipulation agreement with the penalty to be imposed should the establishment open again. Mr. Kindler stated he believes that is what Mr. Slappey wants to do and that he believes that is what Mr. Wyatt was trying to work out. Mr. Duval stated he never heard back from Mr. Wyatt. October 28, 1992 The vote on Authority member Cooper's motion to postpone was as follows: Yeas: Cooper, Mael, Norton, Poncelow, Schroeer, and Wawro. Nays: Crowfoot. THE MOTION CARRIED. Request from Slappey Mountain Enterprises, Inc., dba Rocky Mountain Pasta Company, 1100 West Drake, to Change, Alter, or Modify the Premises. Postponed Authority member Schroeer made a motion, seconded by Authority member Cooper, to postpone the request from Rocky Mountain Pasta Enterprises, Inc., dba Rocky Mountain Pasta Company, 1100 West Drake Road, to Change, Alter, or Modify the Premises, to the December 16, 1992 meeting. Yeas: Cooper, Crowfoot, Mael, Norton, Poncelow, Schroeer, and Wawro. Nays: None. THE MOTION CARRIED. Police Report Officer Krenning stated a lack of resources does not allow the Police Department to assign an officer full-time to liquor enforcement. He indicated that he has requested a transfer back to patrol effective the first of the year. In response to a question from the Authority, Officer Krenning stated he was not aware of any physical changes taking place at Gators. Other Business Secretary Rita Harris displayed the new sign now being used to give the public notice of a modification application. Authority member Mael spoke of the discouraging news of Officer Krenning's transfer to patrol. He state he was discouraged that the Police Department would not make this position full-time when there are 200 liquor establishments in the city. He indicated he believed the Authority should send a letter to Chief Rainguet addressing this concern. He noted he would also like to have a letter of commendation for Officer Krenning sent to Chief Rainquet acknowledging the progress Officer Krenning has made. Authority member Cooper agreed with Authority member Mael. He stated he believes it is important to let the Chief know that whether he intends to keep Officer Krenning in this position or have a replacement, that the Authority needs someone who will continue in the manner as Officer Krenning. Authority member Schroeer pointed out that in terms of a manpower issue, it is not going to be a cost savings item because there are going to be police officers who are going to have to do bar checks, and due to unfamiliar circumstances, it is going to be inefficient as compared to one individual being very familiar with what's going on. • October 28, 1992 Officer McLellan stated he would continue to recommend a full-time liquor officer, but that at the present, it isn't a reality. He indicated he will appoint a person to fill Officer Krenning's position and that he is sorry to see him leave, but there are other good people in the unit. He noted that if he is allotted more people in the future and can make this a full-time position, he will. Adjournment Authority member Cooper made a motion, seconded by Authority member Norton, to adjourn. Yeas: Cooper, Crowfoot, Mael, Norton, Poncelow, Schroeer, and Wawro. Nays: None. THE MOTION CARRIED. The meeting was adjourned at approximately 10:00 p.m. A_11L &r�s Secretary C� Lhairperson