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HomeMy WebLinkAboutLiquor Licensing Authority - Minutes - 09/23/1992A regular meeting of the Liquor Licensing Authority was held on Wednesday, September 23, 1992, in the Council Chambers of the Fort Collins Municipal Building. The following members were present: Crowfoot, Mael, Poncelow, Schroeer, and Wawro. Authority Members Absent: Cooper and Norton 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. 2. Mountain Tap, Inc., the beer and wine licensee for Mountain Tap Tavern and Cafe, 167-169 North College, is reporting a change of corporate structure. Michael Deckard has been elected secretary and director of the corporation and now holds 20% of the corporate stock. Mountain Fare, Inc., the hotel -restaurant licensee for Washington's Bar and Grill, 132 LaPorte Avenue, is reporting a change of corporate officers and directors. David Tobin is replacing Bruce Attinger as president. John Powers is replacing David Tobin as treasurer and also replacing Bruce Attinger as a director. September 23, 1992 Authority member Poncelow requested that Item #1, Report of Change of Corporate Structure for Mountain Tap, Inc., dba Mountain Tap and Tavern and Cafe, 167-169 North College, be removed from the Consent Calendar. Authority member Poncelow made a motion, seconded by Authority member Schroeer, to adopt and approve all items not removed from the Consent Calendar. Yeas: Crowfoot, Mael, Poncelow, Schroeer, and Wawro. Nays: None. THE MOTION CARRIED. Report of Change of Corporate Structure for Mountain Tap, Inc., dba Mountain Tap and Authority member Poncelow asked if the item pending in Michael Deckard's criminal record is a felony or misdemeanor. Assistant City Attorney John Duval replied that it is not clear in the application whether it's a felony or misdemeanor. He stated that the principals of the corporation must be of good moral character and advised that if there is a subsequent felony conviction, the Authority could probably hold a show cause hearing to determine if that principal is still of good moral character. In response to a question from the Authority as to whether a tabling motion would affect the license, Secretary Rita Harris indicated a motion to table the item would not adversely affect the application since the licensee filed the application in a timely manner. Authority member Poncelow made a motion, seconded by Authority member Schroeer, to table this item to the October 23 meeting. Yeas: Crowfoot, Mael, Poncelow, Schroeer, and Wawro. Nays: None. THE MOTION CARRIED. Registration of Mary Roegge as Manager of Applebee's Neighborhood Grill and Bar, 4308 South College. Approved (Secretary's Note: This item was withdrawn by the applicant.) Transfer of Ownership of Cuisine Cuisine, 130 South Mason, Approved Anne Machin Norris, owner and president of Machin Investments, Inc., explained that she would not be making any material changes to the business, stating she plans to build up the catering business and may reopen for lunch. She stated that although she did not have her own liquor license in her catering business in Wichita, Kansas, she contracted with other companies to handle the alcohol September 23, 1992 service and was familiar with it. She indicated that Paul Chatfield plans to stay on for a month to ease the transition and stated she had contacted Officer Krenning for additional information. She stated she will be keeping the same staff and will train new employees when hired. Ms. Norris stated she will be the 100% owner of Cuisine Cuisine. Authority member Poncelow made a motion, seconded by Authority member Schroeer, to approve the transfer of ownership of Cuisine Cuisine, 138 South Mason, from Paul Chatfield to Machin Investments, Inc. Yeas: Crowfoot, Mael, Poncelow, Schroeer, and Wawro. Nays: None. MOTION CARRIED. Request from B&B's Pickle Barrel, Inc., dba B&B's Pickle Barrel, 122 West Laurel, to Change, Alter, or Modify the Premises, Found Substantial and Approved Robert Picarro, owner, described the proposed patio outlined on the map submitted with the application. He indicated the patio will be approximately 7' x 26, or about 165 square feet. He stated that the addition may increase the seating capacity by 6 to 8 people. In response to questions from the Authority, Mr. Picarro explained that the entrance to the patio area will be through the pub, and noted there will also be a gate in the patio fencing. He stated that it is a short distance from the patio to the bar, where there is a picture window allowing constant monitoring. He stated there will also be an additional person at night to oversee the operations out front and to keep people from passing liquor through the fence to minors walking by. He noted that current liquor sales are 20 percent and he does not see that changing. He stated that the establishment closes at midnight. Authority member Mael made a motion, seconded by Authority member Poncelow, to find the proposed modification of B&B's Pickle Barrel, 122 West Laurel, is substantial. Yeas: Crowfoot, Mael, Poncelow, Schroeer, and Wawro. Nays: None. THE MOTION CARRIED. Mr. Picarro stated he was prepared to proceed with the hearing at this meeting and was sworn. He indicated he had five letters of support for the expansion. He spoke of the positive feedback from adjoining businesses regarding his establishment and of his commitment to the neighborhood during the past 4 1/2 years as to responsibly serving liquor. He reaffirmed that the patio clientele would be monitored very closely because of present concerns due to problems at nearby establishments serving liquor. He explained how he already monitors approximately 300 college students who frequent parties nearby and attempt to bring liquor into his establishment. He stated he feels confident he can monitor the 30 or so people who are in his pub every night. In response to a suggestion from the Authority, he indicated he would gladly lock the gate in the fence if necessary to avoid problems. He affirmed that there will be one person at night whose duty will be to monitor the inflow and outflow at the door of the patio. September 23, 1992 Assistant City Attorney John Duval stated that Applicant's Exhibits A through D, identified as letters of support, are admissible into evidence. He said that Exhibit E, of the business Purple Cosmos, has no address and some of the signatures are vague as to their interest. He ruled that this letter is not admissible. Authority member Mael stated he was not supportive of the change and expressed concerns with taking half of an already crowded sidewalk. Secretary Rita Harris informed the Authority that Mr. Piccaro had submitted to her a copy of his encroachment permit allowing him use of the sidewalk. Mr. Piccaro said the patio would take up 7 of the 18 feet of sidewalk, which is only a foot more than is taken by the current picnic tables. Officer Troy Krenning indicated that he had made an inspection of the proposed premises, explaining to the licensee the concerns that Police Services would have with the open patio. He stated that he feels comfortable with the management and changes proposed, and stated Police Services doesn't have a problem with the changes. Authority member Poncelow made a motion, seconded by Authority member Schroeer, to approve the modification of B&B's Pickle Barrel, 122 West Laurel. Yeas: Crowfoot, Mael, Poncelow, Shroeer, and Wawro. Nays: None. THE MOTION CARRIED. Transfer of Ownership of Picasso's, 400 East Olive, and Trade Name Change to Narayan's Nepal Restaurant, Approved Matt Humphrey, attorney representing Narayan's Nepal Restaurant, stated he would be handling this item on behalf of his client, Narayan Shrestha. He indicated that the restaurant will remain the same from a structural standpoint, but the menu will be completely different. He submitted a copy of the menu. Assistant City Attorney John Duval found the menu admissible into evidence. Mr. Humphrey stated that there will be no dining upstairs and it will not be included in the licensed premise. He stated that Mr. Shrestha owns Narayan's Nepal Restaurant in Boulder, as well as an artifacts store named Old Tibet, and a travel agency. He indicated that at the Fort Collins Narayan's, beverage service will consist of beer and wine with food only. Although the applicant has applied for a hotel -restaurant license, Mr. Humphrey noted that mixed drinks were not in the owner's plans at the present time. He stated that the restaurant will be fairly small with a staff of five. He affirmed that there have been no liquor violations or problems at the Narayan's in Boulder. He noted that there is a new staff in place in the Fort Collins restaurant and that Mr. Shrestha will be training staff on the liquor code with assistance from the appropriate police staff. He indicated patio access will be through the building only. September 23, 1992 Authority member Mael made a motion, seconded by Authority member Poncelow, to approve the transfer of ownership of Picasso's, 400 East Olive, and trade name change to Narayan's Nepal Restaurant with the exclusion of the upstairs area that is outlined as part of the licensed premise. Yeas: Crowfoot, Mael, Poncelow, Schroeer, and Wawro. Nays: None. THE MOTION CARRIED. Hearing on a New Application for a Beer and Wine License at Schlotzsky's, 4212 South College N101, Approved Daryl Giesking, owner, was sworn. He described the location of the business as being directly behind Burger King. He stated that the establishment is a deli franchise out of Austin, Texas. He noted that there will be counter service only, including the beer and wine, with nothing on tap. He noted that the business is mostly sit-down with some carry -out. He indicated he is going to take a TIPS program to learn the proper procedures for handling liquor sales. Secretary Rita Harris pointed out to Authority member Crowfoot that the board has been provided with an amended interior floor plan and a site plan that outlines the entire licensed premise. Mr. Giesking stated that the rear patio, which is part of the licensed premises, will be fenced in by a 3-foot chain link fence with access through the side door with shrubs around the patio. He said liquor will not be served on the front patio at this point. He noted that he will be posting a "no -liquor" sign on the front patio and monitoring it since there is full view of the patio from the cash register area. He stated the view of the back patio is not good so he will be putting in windows, but that the back patio will still have to be monitored by staff. Mr. Giesking stated he will be managing the restaurant. He noted he has gathered 274 signatures on a petition. Assistant City Attorney John Duval stated that Applicant's Exhibit A, identified as a summary of the petition results and Exhibits B and C, identified as petitions, are admissible into evidence. Mr. Giesking testified that the asterisks next to some of the signatures indicate that they are not being counted in the results. He stated that he received many positive comments when he was gathering the signatures, with one or two who refused to sign as indicated on the summary. He noted it was a broad sampling of the whole neighborhood and businesses around Phar-Mor. Authority member Schroeer expressed concern with licensing the outside rear patio area because of limited or no visibility, with little supervision. Authority member Poncelow stated it might be confusing to have the rear patio included in the licensed premises, but not the front patio. She expressed concerns that the employees may have difficulty monitoring where the alcohol is taken. September 23, 1992 Mr. Giesking stated that the cashier would need to specify that the rear patio is allowable for the liquor, but the front patio is not. He noted that there will be seven or eight employees on duty at one time. He stated the person assigned to cleaning tables would be the person monitoring the patio every hour. He stated the fence could be changed to restrict access if that is necessary for keeping the patio. Authority member Poncelow expressed concern again about what could be occurring on the patio when there is no one there cleaning up, and suggested that Mr. Giesking needed to rethink having a patio unless there is a wait person for constant monitoring purposes. Authority member Mael asked Mr. Duval if the board could modify the application to exclude the patio from the licensed premises. Mr. Duval replied it is up to the applicant to decide what premises he asks to be included. He reminded the Authority that the primary criteria for approving a license are the needs and desires of the inhabitants of the neighborhood. He stated that the fact that the Authority doesn't like a certain part in the licensed premises may not be grounds that would be legally supportable if the Authority denied the license and the denial was appealed. Authority member Wawro expressed concerns that the applicant has no personal experience in liquor licensing and serving alcohol and recommended that Mr. Giesking and his employees become involved in the TIPS program and work with Officer Krenning. Authority member Wawro made a motion, seconded by Authority member Mael, to adopt Resolution 92-09 approving the application of Royal Goose, Inc., dba Schlotzsky's, for a beer and wine license at 4212 South College #101. Yeas: Crowfoot, Mael, Poncelow, and Wawro. Nays: Schroeer. THE MOTION CARRIED. Hearing on a New Application for a Hotel -Restaurant License at Chili's Hamburger Grill and Bar. 3524 South College, Approved Alan Dill, attorney representing the applicant, introduced himself. He stated he had some exhibits to be marked and witnesses to testify regarding the needs and desires of the neighborhood and requested that they be sworn in at the same time. (Secretary's Note: All of the individuals testifying were sworn at this time and asked to identify themselves.) Sally Fox, mall manager of the Square, stated she has been associated with the Square for the last 7 years. Andrea Manzanares, owner of Hair Designer, stated she has been there 11 years. September 23, 1992 Greg Niederwerder, manager of Corral West Ranchwear, stated he has been there 1 year. Max Abercrombie, manager of Brown's Shoe Fit Company, stated he has been there since July. Fred Melina, owner of Gourmet Coffee Shop, stated he has been there 1 year. Jim Timme, manager of Office Depot, stated he has been there 1 year. In response to questions from Mr. Dill, the witnesses collectively testified that they are all are over the age of 21, on occasion consume alcoholic beverages, are very familiar with the neighborhood, and believe there is a need for another outlet like the current 21 licensed -outlets nearby that serve alcoholic beverages with meals. Under questioning by Mr. Dill, Mr. Timme stated he would like to see another licensed restaurant nearby because reservations are necessary with most of the other 21 establishments in the neighborhood if you want to get in for lunch. He indicated he is familiar with the Chili's concept and has been in their stores and believes they are well run and an asset to the community. Sally Fox stated she has occasion to dine and drink in this neighborhood and has had to wait at the more popular establishments. She noted that the busiest establishments during peak hours are the Black Eyed Pea, Applebee's, and Nates. She stated that she does not patronize every outlet on the list, but only those that are to her liking and that do a good job and serve good food. Based upon her experience, she stated she desires to see the license issued. Max Abercrombie stated Brown's Shoe Fit is the newest to the neighborhood. He stated that Brown's Shoe Fit is traditionally downtown -oriented, and noted they are experimenting with the mall location because the intersection of College and Horsetooth was found to be the busiest intersection in the city. He stated he believes there is a need in this neighborhood for another outlet that serves alcoholic beverages with meals. Brenda Rowe, Oedipus, Inc., was sworn. She described Applicant's Exhibit B as a written summary of the survey results, and Exhibits C, D, E, and F as petitions. Assistant City Attorney John Duval stated that Exhibit B is admissible into evidence. Ms. Rowe described the petitioning process, noting that the circulators performed a total of 838 doorknocks. She noted that 40 people preferred not to participate, 22 were not qualified because of age or residency, 441 doors did not open, and we spoke to 331 qualified individuals and the 4 deleted signatures. She stated that of the 331 qualified people, 288 signed favoring issuance (87%), and 41 signed opposing (13%), and 2 individuals did not sign the petition for the reasons listed in the report. September 23, 1992 Assistant City Attorney John Duval stated Applicant's Exhibits B, C, D, E, and F are admissible. Ms. Rowe stated that they had a large number of people comment to the circulators that they drive to Boulder to visit the Chili's establishment there and were extremely looking forward to the Chili's coming to Fort Collins. In response to questions from the Authority, Ms. Rowe and Mr. Dill explained that individuals who do not consume alcohol are excluded from the survey because of a Colorado Supreme Court case that says that someone who does not consume alcohol cannot testify as to the need or desire for same. Kelly Tynan, 758 Monroe, Denver, one of two area directors for Chili's in Denver, representing 6 out of the 11 restaurants in Colorado, was sworn. He indicated that the Fort Collins store would be under his supervision and that he is also responsible for the stores in Greeley, Boulder, Westminister, Lakewood, and County Line Road in south Denver. He stated that he has been with Chili's for 8 years in various positions, starting out as an hourly employee and working his way up to the present position. He noted that he has been in his current position for 6 years. He indicated that Chili's is a subsidiary of Brinker's, International, which trades on the NY Stock Exchange and is part of the Master File process in Colorado. He stated there are 260 to 280 businesses owned by the corporation nationwide, with 11 Colorado restaurants at this point. He stated that since the first store in Colorado was opened in 1979, Chili's has never been cited for a liquor violation. He affirmed that Chili's is experienced in operating a licensed store in markets with high college, or underage, populations. He stated that they specifically selected the general manager, Vince Verbal, for the Fort Collins location with this in mind. Mr. Dill and Mr. Tynan approached the Authority with the floor plan and site map that has been filed with the Authority. Mr. Tynan spoke of the service of alcoholic beverages and how Chili's controls and checks identification. He indicated that everybody directly involved with the customers goes through an extensive training on alcohol awareness and how to deal with, identify, and monitor the consumption of alcohol. He noted that they have four -table stations to help a server be aware of what's going on in his/her station. He stated that the first, and primary, responsibility for checking identification is with the individual server because individuals are not ID'd as they come in at the front. He indicated the staff will card anyone under 35. Mr. Tynan then explained the company training that will be given to each and every employee that works in the front of the house. He noted that the manager will be visiting with the City to take a look at the local TIPS program. Mr. Dill indicated that he had a copy of the company's training manual if the Authority would like to review it. Mr. Tynan explained that the typical Chili's attracts a large family base. He noted that the majority of the Colorado restaurants close at either 11:00-11:30 p.m. on the weekends, 10:00-10:30 p.m. during the week. He indicated the Fort Collins location hours will be dictated by the business and the need to stay open or not to. He noted there will not be any live entertainment or games. He September 23, 1992 stated that Chili's typical food sales are 85 to 90%. He stated that if granted the license, Chili's would anticipate being open by the first part of February. In response to questions from the Authority, Mr. Tynan noted that the staff is trained to inform the manager after a patron has ordered a third alcoholic beverage. He stated that there will be no patio facilities. He noted that if a waitperson were to serve someone underage, the store policy would be to terminate that employee the first time it happened. Assistant City Attorney John Duval stated that Applicant's Exhibit A (employee training manual) was admissible into evidence. Mr. Dill introduced Vince Verbal, who will be the manager of the Fort Collins Chili's, and noted Mr. Verbal will be coming before the Authority in the near future. Authority member Mael made a motion, seconded by Authority member Schroeer, to adopt Resolution 92-08 approving the application of Chili's of Colorado, Inc., dba Chili's Hamburger Grill and Bar, for a hotel -restaurant license at 3524 South College. Yeas: Crowfoot, Mael, Poncelow, Schroeer, Wawro. Nays: None. THE MOTION CARRIED. Police Report Police Officer Troy Krenning updated the Authority on the situation with Gators. He stated that in light of the recent violence at Gators and other problems, the Police Department has been forced into taking a tough reactionary stance to the current and future operations of the establishment. He explained that Gators has had a policy of letting people under the age of 21 to enter and remain within the establishment under the guise that they were not drinking and noted the department has had a serious concern about that practice. He indicated he and Sergeant Tom McLellan met with Tim McKeon and the other owner's son to express the department's concerns and stated they could not sit idly by any longer with the status quo and asked that they cooperate in bringing the place back under control. He stated they suggested that Gators change their policy concerning the wristbands and that they no longer allow people in the bar under the age of 21 unless it's a full dedicated teen night where they do not serve liquor. He noted they agreed to that. He said if this cooperative agreement isn't upheld, the Authority should know that the Police Department is prepared to move in a more drastic manner against Gators, which might include the filing of a public nuisance action. He stated that the Authority should expect the Police Department will come forward and ask for a show cause hearing on other violations it believes they can document and prove. Officer Krenning spoke about visiting King Soopers to check out the new cash registers. He noted that the manager demonstrated it for him. He stated he thinks it's pretty impressive. He stated that he commended the manager on the innovative idea (of a sale not ringing up without the person being ID'd) and will send a letter on behalf of the Police Department and would encourage the Authority to do so also. He noted that King Soopers has modified the plan and will be taking ID's only from people who appear to be 40 years old or younger. September 23, 1992 Officer Krenning stated that the investigation of Rocky Mountain Pasta Company is proceeding and that he and Mr. Duval will be reporting to the Authority as the investigation continues. In response to questions from the Authority, Officer Krenning reaffirmed he is comfortable with the firm stance that the Police Department has taken with Gators and confident there will be an immediate change there. He stated that any violations, however minor, will be brought before the Authority and serious sanctions would be requested if any violations were found to have occurred. He indicated he believed the Authority did not need to take any action regarding the shooting and possible liquor law violations. He stated the Police Department's concern is the overall number of calls they've received there, types of calls, and propensity to violence coming from that area and establishment. He indicated he believes he and Sergeant McLellan have appropriately addressed those concerns and will see an immediate change in the operations. He stated that if the Police Department had to, they would prove that the "18 entry" policy was a failure and that people under the age of 21 were in fact drinking in there. He noted that if the Department had to prove it, the investigation would be conducted in front of the Authority, and he didn't think that Gators wanted to take that chance. He advised that Gators has agreed voluntarily to amend their policy. He noted that they have been given until Saturday night to come into compliance with the new policy. He said he understands that Gators announced over the loud speaker that last Saturday was the last night for wristband night. Officer Krenning stated that the night of the shooting and after the shooting took place, everybody in the bar was ordered to stay in, the door was barred, and as the people came out, they were frisked for weapons and were required to give identification to determine their name, address, and age. He understands that 55 percent of the people were under the age of 21, and roughly 20 percent of the people were from Fort Collins with 80 percent from outlying areas. Authority member Schroeer stated, as a private citizen, not as a liquor licensing authority member, that he thinks something needs to be done about it but is not particularly fond with the nuisance seizure method of going about it. He encouraged the Police Department to do what needs to be done but do it with that as the absolute last resort. Officer Krenning responded that the nuisance action is a valuable police resource that is controversial. He stated that they find it beneficial in cases such as these when quick and immediate action is necessary. He noted that the Police Department can have a District Court order action completed generally within seven days, whereas coming to the Authority for a determination of probable cause, and thus a show cause hearing, usually takes 60 days. He stated that their unit uses the nuisance action sparingly. Other Business Secretary Rita Harris said she had provided the Authority with a proposed 1993 meeting schedule for next year and requested a motion to adopt the schedule if it is acceptable to the Authority. • September 23, 1992 Authority member Schroeer made a motion, seconded by Authority member Poncelow, to adopt the 1993 schedule. Yeas: Crowfoot, Mael, Poncelow, Schroeer, and Wawro. Nays: None. THE MOTION CARRIED. Authority member Crowfoot stated she believed it would be wise that the Authority send a letter to King Soopers congratulating them on their proactive action. She requested that staff do so. Authority member Crowfoot asked staff for further enlightenment regarding the J.J. McCabe situation. Secretary Harris responded that she was contacted about two weeks ago by a representative from the Smiling Moose that they were interested in acquiring the establishment and were considering several options on how to do that. She advised them that they could buy the corporation, which would mean their application before the Authority would be a change of corporate structure, or they could transfer the ownership. She noted that she had mailed them the paperwork for the change of corporate structure. She stated they subsequently called her and indicated they had decided they did not want to acquire the history of that corporation and they would pursue transfer of ownership. She stated that she has sent them paperwork for that. She indicated that the residents of the neighborhood have already been in contact with her. She noted that the Smiling Moose applicants have been in contact with the neighborhood, and by the time it comes to the Authority, she expects the Authority will hear testimony about meetings with the neighborhood. Assistant City Attorney John Duval encouraged Authority members to attend a workshop for board and commission members on Wednesday night since all the topics would probably be of interest to this board. Authority members Schroeer and Poncelow indicated they will attend. Adjournment Authority member Mael made a motion, seconded by Authority member Poncelow, to adjourn. Yeas: Crowfoot, Mael, Poncelow, Schroeer, and Wawro. Nays: None. THE MOTION CARRIED. The meeting was adjourned at approximately 8:30 p.m. Chairperson Secretary