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HomeMy WebLinkAboutLiquor Licensing Authority - Minutes - 06/21/2004LIQUOR LICENSING AUTHORITY MINUTES Regular Meeting - June 21, 2004 1:00 P.M. Council Liaison: Ray Martinez Staff Liaison: Aimee Jensen A regular meeting of the Liquor Licensing Authority was held on June 21, 2004 in Municipal Court, Justice Center, 201 LaPorte. Judge Kathleen M. Lane presiding. Staff in attendance: Teresa Ablao, Assistant City Attorney Aimee Jensen, Deputy City Clerk Robert Younger, Liquor Enforcement Officer Agenda Review Deputy City Clerk Jensen stated that there are no changes to the agenda. Consent Agenda The Consent Agenda is intended to expedite the meeting and allow the Authority to spend its time and emergency on the important items on a lengthy agenda. Items on the Consent Agenda re(1) routine items; and (2) those of no perceived controversy. Anyone may request that an item be "pulled" off the Consent Agenda and considered separately. Items pulled from the Consent Agenda will be considered separately immediately following adoption of the Consent Agenda. a. Consideration of an Application from Arts Alive for a Special Events Permit at Mountain College and Riverside Avenues b. Consideration of an Application from the Fort Collins Museum of ConteWorary Art for a Special Events Permit at the Fort Collins Museum of Contemporary Art201 South College Avenue. C. Consideration of an Application from Adaptive Adventures for a Special events Permit at the Student Recreation Center, 825 Plum Street d. Consideration of an application from the Fort Collins Chamber of Commerce for a Special Events Permit at First Community Bank 151 South College Avenue Suite 5 Judge Lane adopted the Consent Agenda. June 21, 2004 Hearing on a New Application from Monet's Morning Coffee, LLC for a Tavern Liquor License at Monet's Moraine Coffee, 706 South College Avenue ADproved Jeannine Wolfe, representative for Monet's Morning Coffee, LLC, was sworn. She gave a brief description of her background. Ms. Wolfe stated this will be a small coffee shop and generally will not be open late into the evening. She stated she will attend Liquor Enforcement Officer Younger's training prior to opening and will require her employees to attend. Ms. Wolfe stated any employee found in violation of the liquor code will be immediately terminated. She stated she has a current copy of the liquor code on premise. Judge Lane adopted Resolution 2004-06 approving the application from Monet's Morning Coffee, LLC for a Tavern Liquor License at Monet's Morning Coffee, 706 South College Avenue, contingent upon the licensee providing the City Clerk's Office with proof of training. Hearing on a New Application from Saigon Grill II, Inc., dba Saigon Grill, 2531 South Shields, 2M. Hearing Postponed Indefinitely Ly Han, representative for Saigon Grill II, Inc., was sworn. In response to questions from Senior Assistant City Attorney Ablao, Judge Lane stated the licensee will need to submit additional petitions for this application to be heard. Judge Lane stated that once additional petitions are submitted, Deputy City Clerk Jensen will re- schedule the hearing. Hearing on a New Application from Wilbur's JV, LLC for a Retail Liquor Store License at Wilbur's Total Beverage 2201 South College Avenue Approved Tom Dunn and Alan Dill, attorney's representing Wilbur's JV, LLC, stated they were ready to proceed. Dennis Dinsmore, representative for Wilbur's JV, LLC was sworn. Mr. Dill called Danny McCann to testify. Mr. McCann, manager of Car Toys, was swom. He stated that there is a need and desire for this application to be granted. Mr. McCann stated this location will carry a larger selection of beer and wine than the other liquor stores in the neighborhood. June 21, 2004 Mr. McCann was dismissed. Mr. Dill called Jean Ridgeway to testify. Jean Ridgeway, resident, was sworn. She stated this new location will be more convenient for her and carry a larger selection of wine. Ms. Ridgeway was dismissed. In response to a question from the Judge, the remaining witness's briefly introduced themselves, confirmed they reside within the neighborhood, stated they are all over 21 and occasionally consume alcohol. Max Scott, representative for Oedipus, Inc., was sworn. Mr. Scott briefly reviewed the petitioning process. He stated the results of this petition demonstrate that there is a need and desire in this neighborhood for this license. Ramsey Shuweihat, neighborhood resident, was sworn. Mr. Shuweihat briefly described his petitioning process, stated he asked people who were petitioned if they were aware of the fact that there was another liquor store within the same shopping center. Dennis Dinsmore briefly described his background. He stated he started Wilbur's October 15, 2000 at 200 West Foothills Parkway. Mr. Dinsmore briefly described the training he requires his employees attend. He stated they do self -compliance checks and that his employees are financially rewarded for passing compliance checks. Mr. Dinsmore stated an employee found in violation of the liquor code would be immediately terminated. He stated 60-65% of their sales is wine and that they need more room for a larger selection. Mr. Dinsmore stated the other three stores within the neighborhood boundary are smaller than this proposed store. In response to questions from the Judge, he stated the days and hours of operation will remain the same. Mr. Dinsmore stated he has four other managers on staff for when he is not on the premises. Mr. Dinsmore was dismissed. Ramsey Shuweihat, manager of Wine and Liquor Specials, 2439 South College Avenue, stated that there is not enough customer base for two liquor stores in this shopping center. Hanan Shuweihat, owner of Wine and Liquor Specials, 2439 South College Avenue, briefly described her petitioning process. She stated she did not talk to anyone who was in favor of the application from Wilbur's JV, LLC. Ms. Shuweihat stated that if they had more time that they could have obtained more signatures. Judge Lane admitted Ms. Shuweihat's petitions into evidence. 3 June 21, 2004 Tom Dunn made closing comments and stated that the neighborhood is fully in support of this application. Judge Lane adopted Resolution 2004-08 approving an application from Wilbur's JV, LLC fora retail liquor store license at Wilbur's Total Beverage, 2201 South College Avenue, Suite 120, with the condition that they surrender the current retail liquor license at 200 West Foothills Parkway. Show Cause Hearing for Lemay Liquors, Inc., dba Lemay Liquors, 737 South Lemay Avenue. #B-2 Violation Found Senior Assistant City Attorney Ablao, called Detective Cronin to testify. He was sworn. Detective Cronin briefly described his background and stated he has been a detective for over 5 years. Detective Cronin described how the compliance check was conducted and stated he clearly saw what transpired between the clerk and the underage operative. Tom Metcalf, attorney representing Lemay Liquors, Inc., asked that Detective Cronin clarify some issues regarding the transaction between the store clerk and the underage operative. He requested that the Judge place the police report into evidence. Senior Assistant City Attorney Ablao re -directed Detective Cronin. Senior Assistant City Attorney Ablao called Lyndsey Getzy, underage operative, to testify. She was sworn. Ms. Getzy stated she is part of the Explorer's program affiliated with the Fort Collins Police Department. She briefly described how the compliance check was conducted. Tom Metcalf cross-examined Ms. Getzy. Senior Assistant City Attorney Ablao called Liquor Enforcement Officer Younger to testify. Hewas sworn. Liquor Enforcement Officer Younger stated that the transaction is considered completed once money has changed hands. Tom Metcalf cross-examined Liquor Enforcement Younger. Tom Metcalf presented a motion to dismiss as the transaction had not been completed and that no property had been completed. Judge Lane denied the motion to dismiss as the sale had occurred and that the steps Ms. Getzy had taken indicates there was a sale. Tom Metcalf called Ralph Jordan to testify. He was sworn. Mr. Jordan described the transaction. He stated he laid the $20 bill on top of the cash register. n June 21, 2004 Senior Assistant City Attorney Ablao cross-examined Mr. Jordan. In response to questions from Judge Lane, Mr. Jordan stated he did not have an opportunity to ask for Ms. Getzy's id. Mr. Jordan was dismissed. Senior Assistant City Attorney Ablao recalled Ms. Getzy to testify. She was reminded that she had previously been sworn. Ms. Getzy stated she had a brief conversation with Mr. Jordan during the transaction. Ms. Getzy was dismissed. Senior Assistant City Attorney Ablao recalled Detective Cronin to clarify points of the transaction. Mr. Metcalf cross-examined Detective Cronin. Mr. Metcalf made closing statements. Senior Assistant City Attorney Ablao made closing statements. Judge Lane found that Lemay Liquors, Inc., dba Lemay Liquors, 737 South Lemay Avenue, #13-2 did violate C.R.S. 12-47-901(1)(a) (permitting the sale or service of alcohol beverages to a person under the age of21 years), and impose a 30 daypenalty, 10 days served within 60 days, with 15 days held in abeyance for 2 years. Adjournment The meeting adjourned at 3:00 p.m. Municipal Judge