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HomeMy WebLinkAboutLiquor Licensing Authority - Minutes - 03/08/2010LIQUOR LICENSING AUTHORITY MINUTES Regular Meeting - March 8, 2010 1:00 p.m. Staff Liaison: Aimee Jensen A regular meeting of the Liquor Licensing Authority was held on March 8, 2010 in Municipal Court, 215 North Mason. Judge Kathleen M. Lane presiding. Staff in attendance: JennyLopezFilkins, Assistant City Attorney Aimee Jensen, Deputy City Clerk Robert Younger, Liquor Enforcement Officer Agenda Review Deputy City Clerk Jensen stated the agenda has been re -ordered to accommodate licensees to submit the sales information for calculating their fines in lieu of suspension. Approval of Minutes Judge Lane postponed the approval of the minutes from February 1, 2010 to March 22, 2010, pending further attorney review. Show Cause Hearing for Rasta Pasta of Fort Collins, Inc., dba Rasta Pasta, 200 Walnut Street, Stipulation Agreement Approved Assistant CQty Attorney LopezFilkins summarized the stipulation agreement. She stated that the Licensee has agreed to a 15 daysuspension, 5 days served ($200 paid in lieu of suspension), with 10 days held in abeyance for 1 year for violating C.R.S., 12-47-901(1)(a.5), prohibiting the sale of an alcohol beverage to a person under the age of twenty-one years. She stated she has forwarded the stipulation agreement to the Licensee's attorney. Christopher Chandler, general manager, stated that he has had a chance to review the stipulation agreement. He stated the employee who sold to the underage operative has been terminated. Judge Lane approved the findings, conclusion and order accepting the stipulation agreement as presented for Rasta Pasta of Fort Collins, Inc., dba Rasta Pasta, 200 Walnut Street. March 8, 2010 Show Cause Hearing for Zuba, Inc., dba Deja Vu Coffeehouse, 646 South College Avenue, Stipulation Agreement Approved Assistant City Attorney LopezF!dm briefly described the terms of the stipulation agreement, stating that the Licensee has recently surrendered her license and appears to no longer be in business. Judge Lane approved the findings, conclusion and order accepting the stipulation agreement as presented for Zuba, Inc., dba Deja Vu Coffeehouse, 646 South College Avenue. Show Cause Hearing for Toasty Mountain, LLC, dba Assistant GtyAttomeyLopezFiUdns summarized the stipulation agreement. She stated that the Licensee has agreed to a 15 day suspension, 5 days served ($200 paid in lieu of suspension), with 10 days held in abeyance for 1 year for violating C.RS., 12-47-901(1)(a.5), prohibiting the sale of an alcohol beverage to a person under the age of twenty-one years. ScottJennings stated the employee was immediatelytemvnated and that theynow have the date of birth posted on the cash registered that can purchase alcohol. Judge Lane approved the findings, conclusion and order accepting the stipulation agreement as presented for Toasty -Mountain LLC, dba Cheba Hut, 104 East Laurel Street. Registration of Chris Vogel as Manager of The Armadillo Club, 354 Walnut Street, Approved Chris Vogel, manager applicant, stated he has attended Liquor Enforcement OfficerYounger's training, and that employees are required to card any patron that appears to be 35 years of age or younger. He stated he has a current copyof the liquor code on premise. Mr. Vogel stated he supervises approximately 20-25 employees involved in the sale and service of alcohol. He stated he is responsible for training any new employees. Judge Lane approved the registration of Claris Vogel as the manager of The Armadillo Club, 354 Walnut Street. Registration of Anthony J. Patti as Manager of C.B. & Potts, 1415 West Elizabeth, Approved AnthonyJ. Patti, manager applicant, stated he has been employed at this location for 4'/z years and that he is currently TIP's certified. He stated he regularly attends Liquor Enforcement Officer Younger's training regarding fake id's. Mr. Patti stated all new service staff is required to be TIP's trained. He stated any vertical id's are verified by manager. Mr. Patti said any employee found in violation of the liquor code is immediately terminated. He stated he has a current copy of the liquor code on premise. Judge Lane approved the registration of Anthony J. Patti as manager of C.B. & Potts, 1415 West Elizabeth Street. March 8, 2010 Registration of Jamie Brunner as Manager of Buffalo Wild Wings Grill & Bar, 150 East Harmony Road, # 2A. Approved Jamie Brunner, manager applicant, stated she supervises approximately40 employees, of which 25 are involved in the sale and service of alcohol. She stated all employees involved in the sale and service of alcohol is required to be SafeServe certified. Ms. Brunner stated anypatron ordering an alcohol beverage is carded. She stated anyemployee found in violation of the liquor code is immediatelyterminated. Ms. Brunner stated she has a current copy of the liquor code on premise. Judge Lane approved the registration of Jamie Brunner as Manager of Buffalo Wild Wings Grill & Bar, 150 East Harmony Road, # 2A Registration of Elaine Bueno as Manager of Northside Aztlan Community Center, 112 East Willow Street, Approved Elaine Bueno, manager applicant, stated she has been with the City for over 30 years. She stated she schedules all the events at the Northside Aztlan Community Center. Ms. Bueno said she is TIP's certified and has recently taken Liquor Enforcement Officer Younger's training. She stated they are currently contracted with Toast of Town, Inc., to serve alcohol for events at the Northside Aztlan Community Center. In response to a question from the Authority, Ms. Bueno stated that once City employees start serving, they will be required to be TIP's trained and if anyone is found in violation will be removed from those duties pending disciplinary action. She stated she has a current copyof the liquor code on premise. Judge Lane approved the registration of Elaine Bueno as manager of the Northside Azdan Community Center, 112 East Willow Street. Transfer of Ownership of Eliot's Mess Sandwiches, 210 South College Avenue from Fitzwig Partners, Inc., to FOOD Concepts, LLC and Trade Name Change to Stuft, Approved Jake Fitzsimmons, representative for FOOD Concepts, LLC, stated they are doing primarily cosmetic changes to the premises. In response to questions from the Authority, Mr. Fitzsimmons detailed the premises. He stated they have changed their hours of service slight, but that they will stop serving alcohol at 1:30 a.m. He stated they have approximately 18 employees will be involved with the sale and service of alcohol. Mr. Fitzsimmons stated any patron that appears to be under the age of 40 is carded when ordering an alcohol beverage. He stated any employee found in violation of the liquor code is immediately. Judge Lane approved the transfer of ownership of Eliot's Mess Sandwiches, 210 South College Avenue from Fitzwig Partners, Inc., to FOOD Concepts, LLC and Trade Name Change to Stuft. 3 March 8, 2010 Show Cause Hearing for Beavers, Inc., dba Beavers Supermarket No. 3, 1100 West Mountain Avenue, Stipulation Agreement Approved Assistant CityAttorneyLopezFilkins summarized the stipulation agreement. She stated that the Licensee has agreed to a 15 daysuspension, 5 days served ($200 paid in lieu of suspension), with 10 days held in abeyance for 1 year for violating CRS., 12-47-901(1)(a.5), prohibiting the sale of an alcohol beverage to a person under the age of twenty-one years. Doug Beavers, representative for Beavers, Inc., stated the clerk mis-read the date of birth on the drivers license and that now they post the birthdate that is legal to purchase alcohol. Judge Lane approved the findings, conclusion and order accepting the stipulation agreement as presented for Beavers, Inc., dba Beavers Supermarket, No.3, 1100 West Mountain Avenue. Show Cause Hearing for Los Tarascos, Inc., dba Los Tarascos, 622 South College Avenue, Stipulation Agreement Approved Assistant GtyAttomeyLopezFilkins summarized the stipulation agreement. She stated that the Licensee has agreed to a 15 day suspension, 5 days served ($722.98 paid in lieu of suspension), with 10 days held in abeyance for 1 year for violating C.RS.,12-47-901(1) (a.5), prohibiting the sale of an alcohol beverage to a person under the age of twenty-one years. Hugo Caballero stated he has had a chance to review and sign the stipulation agreement. Judge Lane approved the findings, conclusion and order accepting the stipulation agreement as presented for Los Tarascos, Inc., dba Los Tarascos, 622 South College Avenue. Show Cause Hearing for Gasamat Oil Corporation of Colorado, dba Smoker Friendly/Gasamat, 1054 West Vine Drive, Stipulation Agreement Approved Assistant CityAttorneyLopezFilkins summarized the stipulation agreement. She stated that the Licensee has agreed to a 15 day suspension, 5 days served ($200 paid in lieu of suspension), with 10 days held in abeyance for 1 year for violating C.R.S., 12-47-90 1 (1) (a.5), prohibiting the sale of an alcohol beverage to a person under the age of twenty-one years. Dan Gallagher, representative for Gasamat Oil Corporation of Colorado, stated he has had an oppommity to review and sign the stipulation agreement. He stated the salesclerk's employment was terminated. Judge Lane approved the findings, conclusion and order accepting the stipulation agreement as presented for Gasamat Oil Corporation of Colorado, dba Smoker Friendly/Gasamat, 1054 West Vine Drive. March 8, 2010 Show Cause Hearing for La Luz Mexican Grill, Inc., dba La Luz Mexican Grill, 200 Walnut Street, Stipulation Agreement Approved Peter Schultz, representative for La Luz Mexican Grill, Inc., stated the motion to show cause listed the incorrect licensee and premise address. Assistant CatyAttomeyLopezFdkins stated the amended motion was e-mailed to Mr. Schultz this morning. Mr. Schultz stated he has not had an opportunity to review the amended motion. Mr. Schultz requested that judge'Lane deny the amended motion because the Licensee and address of premise in the original motion is incorrect. Judge Lane noted that the address premises is correct in the police report. Judge Lane accepted the Amended Motion as replacing original motion and denied the Licensee's request, but offered to postpone the hearing on the Amended Motion to the next meeting to allow the Licensee time to review the Amended Motion. Mr. Schultz declined the offer and wished to continue with the show cause hearing on the Amended Motion, indicating that he and Assistant City Attorney LopezFilldns had already agreed upon a stipulation agreement. Assistant CityAttomeyLopezFil1dns summarized the stipulation agreement. She stated that the Licensee has agreed to a 15 day suspension, 5 days served ($200 paid in lieu of suspension), with 10 days held in abeyance for 1 year for violating CKS., 12-47-901(1)(a.5), prohibiting the sale of an alcohol beverage to a person under the age of twenty-one years. Judge Lane approved the findings, conclusion and order accepting the stipulation agreement as presented for La Luz Mexican Grill, Inc., dba La Luz Mexican Grill, 200 Walnut, Suite B. Adjournment N lLO' Municipal Judge 5