HomeMy WebLinkAboutLiquor Licensing Authority - Minutes - 03/22/2010LIQUOR LICENSING AUTHORITY MINUTES
Regular Meeting - March 22, 2010
1:00 p.m.
Staff Liaison: Aimee Jensen
A regular meeting of the Liquor Licensing Authority was held on March 22, 2010 in Municipal Court,
215 North Mason. Judge Kathleen M. Lane presiding.
Staff in attendance: Jenny LopezFilkins, Assistant City Attorney
Aimee Jensen, Deputy City Clerk
Robert Younger, Liquor Enforcement Officer
Agenda Review
Deputy CityClerk Jensen stated the Show Cause Hearing for Titi, Inc., dba Ti Bar,105-107 West Laurel
Street to the end of the meeting as the Licensee is not present.
Approval of Minutes
Judge Lane approved the minutes from February 1, 2010 and March 8, 2010.
Transfer of Ownership of Crown Pub at Collindale,
1441 East Horsetooth from Crown Enterprises, Inc., to
Collindale 57, LLC, and Trade Name Change to
CB & Potts at Collindale Golf Course, Approved
Kevin Sheeshly, representative for Collindale 57, LLC, stated their menu will be 80% of the menu they
have at their Elizabeth location. Mr. Sheeshly stated 70% of their gross sales comes from the sale of
food. He stated all employees are required to be TIP's certified within 60 days of being hired. Mr.
Sheeshly stated that all vertical licenses are required to be reviewed by a manager, that they use an
electronic scanner, and that any alcohol beverage that is rung up on the register prompts the server to
answer whether or not theyhave carded the patron. He stated theywill equip their wait staff with radios
that are out on the golf course to address any problems. Mr. Sheeshly stated they have a current copy
of the liquor code on premise.
Judge Lane approved the transfer of ownership of the Crown Club at Collindale,1441 East Horsetooth
from Crown Enterprises, Inc., to Collindale 57, LLC and Trade Name Change to CB & Potts at
Collindale Golf Course.
March 22, 2010
Transfer of Ownership of Fabby's Wine & Spirits,
2608 South Timberline # 112, from Tre-Mark, Inc.,
to GoldenMeck, Inc., Approved
Christopher Mecklenburg and Stefanie Goldenburg, representatives for GoldenMeck, Inc., stated they
will be involved with the daily operations of the business. Ms. Goldenburg stated they will have 2-3
people on premise during peak times. Mr. Mecklenburg stated that theywill card anyone that looks 30
years of age and under. Ms. Goldenburg stated that anyemployee found in violation of the liquor code
will be fined. Mr. Mecklenburg stated they do not have a current copy of the liquor code on premise.
He stated their manager has been in the liquor business for over 10 years. Mr. Mecklenburg stated they
will provide proof training to Deputy City Clerk Jensen.
Judge Lane approved the transfer of ownership of Fabby's Wine &Spirits, 2608 South Timberline Road,
# 112 from Tre-Mark, Inc., to GoldenMeck, Inc.
Transfer of Ownership of Applebee's Neighborhood Grill & Bar,
4306 South College Avenue from Restaurant Concepts II, LLC
to AmRest, LLC, Approved
Kirk Trumble, representative for AmRest, LLC, stated there will be no physical changes to the premises
and that customers will not see any changes to the operations of the restaurant.
Judge Lane approved the transfer of ownership of Applebee's Neighborhood Grill & Bar, 4306 South
College Avenue from Restaurant Concepts II, LLC to AmRest, LLC.
Registration of Kirk Trumble as manager of
Applebee's Neighborhood Grill & Bar,
4306 South College Avenue, Approved
Kirk Trumble, manager applicant, stated that he has been in the restaurant business for many years. He
stated he administers the training for new employees as well as require them to get TIP's trained. Mr.
Trumble stated he requires all patrons to be carded, however company policy requires anyone ordering
alcohol who appears to be 30 years of age or younger is carded.
Judge Lane approved the registration of Kirk Trumble as manager of Applebee's Neighborhood Grill
& Bar, 4306 South College Avenue.
Hearing on a New Application from
Times Square Dueling Pianos Bar & Grill, LLC, for
a hotel -restaurant liquor license at
Times Square Dueling Pianos Bar & Grill,
2631 South College Avenue, Approved
Neal Cashman, representative for Times Square Dueling Pianos Bar and Grill, LLC, was sworn. He
stated he plans on having live entertainment Thursday, Friday, and Saturday evening. Mr. Cashman
stated he will be serving food Wednesdaythrough Sunday. He stated he has a copyof the current liquor
code on premise. Mr. Cashman detailed the training and experience of his employees. He stated he will
have additional staff to monitor the patio area Friday and Saturday night. Mr. Cashman stated any
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March 22, 2010
employee found in violation of the liquor code will be immediately terminated. He stated he is adding
a stage for the pianos, however he will not be changing anything else.
Mr. Cashman briefly described the petitioning process. Judge Lane admitted the petitions as Exhibit
1. He stated this application was well received by the neighborhood.
Judge Lane adopted Resolution 2010-01 approving the hotel -restaurant liquor license from Tunes
Square Dueling Pianos Bar & Grill, LLC for a hotel -restaurant liquor license at Times Square Dueling
Pianos Bar & Grill, 2631 South College Avenue.
Show Cause Hearing for Titi, Inc.,
dba Ti Bar, 105-107 East Laurel Street, Order Approved
Assistant City Attorney LopezFilkins stated the Licensee was granted permission by the Fort Collins
Liquor Licensing Authority to modify it's licensed premises to include a patio upon condition that
Licensee meet certain conditions as follows: provide a newlyexecuted lease applicable to both addresses
(assigning one address for 105 and 107 East Laurel Street); provide the dimensional measurements of
the patio; provide a copy of the encroachment permit for the patio; and provide a revised drawing of
the licensed establishment reflecting that the fire pit has been removed. Licensee has not met any of
these conditions. She stated the encroachment permit is no longer valid as the Licensee has allowed the
required liability insurance to lapse and that the patio dimensions are different then what is on file with
the engineering department.
In addition, Assistant CityAttomeyLopezFilkins stated that the Fort Collins Police OfficerMark Cutter
conducted a routine bar check at licensee's location on the patio and found that two or three patrons
under the age of twenty-one (21) years old were in possession of alcohol and had been served alcohol
by Licensee and that such conduct is in violation of Colorado Revised Statutes S 12-47-901 (1)(a.5)(1),
and that the Licensee and the City entered into a stipulation agreement on December 21, 2009, which
calls for the Authority to order the Licensee to serve any or all of the five days the suspension held in
abeyance pursuant to a previous violation. She requested the Authority take judicial notice of the
previous stipulation agreement and that the modification of premise fromDecember 7, 2010 be nullified
and remove the patio as part of the licensed premises.
(Secretary's Note: See attached Order to Rewke)
Adjournment
The meeting adjourned at 1:52 p.m
Municipa1Judge
BEFORE THE FORT COLLINS LIQUOR LICENSING AUTHORITY
FORT COLLINS, COLORADO
ORDER TO REVOKE PORTION OF LICENSED PREMISES AND SUSPEND
LICENSE INDEFINITELY OR TWENTY-FIVE (25) DAYS
IN THE MATTER OF:
Titi, Inc.
Ti Bar
105-107 East Laurel Street
Fort Collins, CO 80524
License #42-39598-0000
Hotel -Restaurant
Licensee.
This matter came before the Authority on the City's motion to revoke and show -
cause on March 22, 2010 at 1:00 p.m. Having reviewed the file, the motions and
supporting documents contained therein, and hearing statements from the Assistant City
Attorney representing the City,
The Authority FINDS:
1. The Authority's file shows that pursuant to CRS § 12-47-601, on February 24,
2010, notice of today's hearing was sent via US Mail to the Licensee at the
licensed premises, 105-107 East Laurel Street, Fort Collins CO 80524, and to
Licensee's last known attorney, Andrew Bertrand, giving the Licensee notice
of the time, date, and place of the hearing as well as a copy of the motion to
revoke or suspend and supporting documents.
2. The notice letter and Agenda were not returned by the post office.
3. The Licensee has failed to appear for the hearing.
4. The City appeared and was ready to proceed with all witnesses present.
5. The Licensee has made no contact with the Authority's secretary or the City
Attorney's Office.
6. That the Authority previously granted permission to Licensee to modify its
licensed premises to include a patio if Licensee met certain conditions.
7. That one of those conditions was not met by Licensee when Licensee failed to
provide a revised lease for the licensed premises identifying the licensed
establishment as one street address.
8. That one of those conditions was not met by Licensee when Licensee failed to
provide a revised drawing of the premises showing that a fire pit formerly
inside the premises no longer exists.
9. That the Licensee does not currently have a valid encroachment permit from
the City of Fort Collins.
10. That on or about January 13, 2010, Licensee served alcohol to three patrons
under the age of twenty-one (21) years old in violation of CRS § 12-47-901
(1)(a.5)(I).
11. That the City and Licensee entered into a Stipulation and Admission of
Violation ("Stipulation Agreement") on December 21, 2009.
12. That one of the terms of that Stipulation Agreement requires Licensee to serve
a five day suspension if Licensee fails to comply with the terms of the
Agreement, violates a local ordinance, or violates the Colorado Liquor Code.
13. That the Licensee failed to pay the fine described in the Stipulation
Agreement within the time frame set by such agreement (fine was paid late).
The Authority hereby ORDERS, effective at 5:00 p.m. on the date of this Order as noted
below:
A. Due to Licensee's failure to appear at the hearing and show -cause, after given
notice and opportunity to be heard, the hotel -restaurant liquor license, #42-39598-
0000 issued to:
Titi, Inc.
Ti Bar
105-107 East Laurel Street
Fort Collins, CO 80524
is HEREBY REVOKED as it applies to the patio area of Licensee's establishment. If
Licensee would like to apply for written permission from the Authority to modify the
licensed premises to include the patio area at some future date, Licensee must first
obtain an encroachment permit from the City of Fort Collins.
B. That such license is HEREBY SUSPENDED for five (5) days due to Licensee's
violation of the terms of the Stipulation Agreement and violations of Fort Collins
Municipal Code.
C. That such license is HEREBY SUSPENDED for an additional twenty (20) days,
to be served consecutive to the five (5) days suspension, due to Licensee's violations
of CRS §12-47-901 (1)(a.5)(I).
D. That such license is HEREBY SUSPENDED INDEFINITELY until Licensee
provides to Deputy City Clerk Aimee Jensen a revised lease for the licensed premises
identifying the licensed establishment as one street address and an accurate drawing
of the premises. If Licensee provides such documentation to Ms. Jensen before the
end of the twenty-five (25) day suspension and the City Attorney's Office agrees that
the documentation meets the City's requirements, Licensee's license will be
reinstated. If Licensee fails to provide such documentation within twenty-five (25)
days of the effective date of this Order, the Licensee's license will remain suspended
indefinitely until such time as Licensee provides the required documentation.
E. That Licensee must post two notices in conspicuous places, one on the exterior
and one on the interior of its premises, for the duration of the suspension. The notices
must be two feet in length and fourteen inches in width containing lettering not less
than %z inch in height, and must read as follows:
NOTICE OF SUSPENSION
ALCOHOL BEVERAGE LICENSE ISSUED FOR THESE PREMISES HAVE
BEEN SUSPENDED BY ORDER OF THE FORT COLLINS LIQUOR LICENSING
AUTHORITY FOR VIOLATIONS OF THE COLORADO LIQUOR CODE
Advertising or posting signs to the effect that the premises have been closed or
business suspended for any reason other than by order of the Fort Collins Liquor
Licensing Authority shall be deemed a violation of the Colorado Code of
Regulations, section 47-600.
DONE and ORDERED March 22, 2010.
FORT COLLINS I U LICENS G AUTHORITY
By:
ASP?" Judge Kathleen M. Lane
"�" Municipal Judge