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HomeMy WebLinkAboutLiquor Licensing Authority - Minutes - 02/24/1999✓5 ! ug 5 LIQUOR LICENSING'AUTHORITY MINUTES �� $!' Y4+. 54 R ,d0. !h d �•y fy �k'i API � yh �'($'� i is g`�a�'°.�wi�`i k' k ��"m v�4 V� � �`�q�� f �5`` 61& Regular Meeting ``February 24, 1,999 ra g, 5t 00pm�� G Council Liaison: Ray Martinez Staff Liaison: Aimee Jensen Chairperson: John Davis A regular meeting of the Liquor Licensing Authority was held on Wednesday, February 24, 1999, in the Council Chambers of the Fort Collins Municipal Building. The following members were present: Cooper, Crowfoot, Davis, Minton, Morris, Oldham, and Schmitz. Absent: None. Staff Members Present: Aimee Jensen, City Clerk's Office Greg Tempel, CityAttorney's Office Thomas Reznik, Police Department Richard Johnson, 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. Items on the Consent Calendar are (1) routine items; and (2) those of no perceived controversy. 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. 1. Registration of Scott Smith (owner) as Manager of CooperSmith's Pub and Brewing, if 5 Old Town Square. Authority member Schmitz made a motion, seconded by Authority member Cooper to adopt and approve the items on the Consent Calendar. Yeas: Cooper, Crowfoot, Davis, Oldham, and Schmitz. February 24, 1999 Hearing on a New Application for a Tavern liquor License at Steak -Out Saloon, from Samuel Glen, Inc., 152 West Mountain Avenue, Approved Rick Halter and Chris Penner, representatives for Samuel Glen, Inc., were swom. Mr. Penner stated they anticipate that 35% of their gross sales will be from the sale of full meals. He briefly described the type of establishment they are planning. Mr. Penner stated any employee found in violation of the liquor code would be immediately terminated. He detailed the training employees would be required to complete. Mr. Penner stated that he and Mr. Halter are TIP's certified. He stated the keg, food and liquor areas will be locked. Mr. Penner stated that the entire patio area can be seen from inside the establishment. He stated at busy times, they will have a doorman monitoring the entrance. Mr. Penner stated they will change the name on the encroachment permit to Samuel Glen, Inc., instead of individual names. Mr. Penner briefly described the petitioning process, stating that they received many favorable responses to this application. Authority member Minton made a motion, seconded by Authority member Cooper to adopt resolution 99-01 approving an application from Samuel Glen, Inc., for a tavem liquor license at Steak -Out Saloon, 152 West Mountain Avenue. Yeas: Cooper, Crowfoot, Davis, Minton, Morris, Oldham, and Schmitz. Nays: None. Registration of Martin Craig Buchanan as Manager of Pizza Hut Restaurant, 2567 South Shields, A C, Approved Many Buchanan, manager applicant, briefly described his employment history and stated that he has had no liquor code violations. He stated he was hired as the manager approximately a month ago. Mr. Buchanan stated he has a current copy of the liquor code on premise. He stated any employee found in violation of the liquor code is immediately terminated. Mr. Buchanan stated he is on premise 50-55 hours per week. He described the training all employees are required to complete. Mr. Buchanan stated in the training that they emphasize identifying fake id's. Authority member Morris made a motion, seconded by Authority member Oldham, to approve Martin Craig Buchanan as manager of Pizza Hut Restaurant, 2567 South Shields, A-C, Yeas: Cooper, Crowfoot, Davis, Minton, Morris, Oldham, and Schmitz. Nays: None. 2 February 24, 1999 Registration of Stephen Spencer Wright as Manager of Seven -Eleven # 25290, 4543 Boardwalk, Approved Stephen Spencer Wright, manager applicant, described the training he received and the training employees are required to complete. He stated when a customer purchases 3.2% beer, the cashier is required to enter a date of birth otherwise to unlock the register. Mr. Wright stated any employee found in violation of the liquor code is immediately terminated. Authority member Schmitz made a motion, seconded by Authority member Morris to approve Stephen Spencer Wright as manager of Seven -Eleven # 25290, 4543 Boardwalk. Yeas: Cooper, Crowfoot, Davis, Minton, Morris, Oldham, and Schmitz. Nays: None. Registration of Calfie Jo Potter as Manager of Seven -Eleven # 26803, 2800 South College Avenue, Approved Callie Jo Potter, manager applicant, described her training and stated that she has not had any liquor code violations. She described the training all employees are required to complete. Ms. Potter stated the register will lock up when beer is sold until a date of birth is entered. She stated the Southland Corporation has zero tolerance for selling to underage customers. Authority member Schmitz made a motion, seconded by Authority member Oldham, to approve Cale Jo Potter as manager of Seven -Eleven # 26803, 2800 South College Avenue. Yeas: Cooper, Crowfoot, Davis, Minton, Morris, Oldham, and Schmitz. Nays: None. Request from DJH, Inc., dba Diamond Billiards & Pub, 1213 West Elizabeth, to Change, Alter, or Modify the Licensed Premises, Approved Dan Holcomb, representative for DJH, Inc., described the proposed modifications. He stated alcohol is stored behind the bar. Authority member Morris made a motion, seconded by Authority member Oldham, to approve the request from DJH, Inc., dba Diamond Billiards & Pub, 1213 West Elizabeth, to change, alter or modify the licensed premises. Yeas: Cooper, Crowfoot, Davis, Minton, Morris, Oldham, and Schmitz. Nays: None. 3 February 24, 1999 Hearing on a new Application for a Hotel -Restaurant Liquor License from Ms. Do, applicant, briefly described her experience in liquor sales. She stated she will not license the basement or upstairs. Ms. Do stated the alcohol will be stored behind the bar and that they will not be serving outside in the lobby area. She stated she has a current copy of the liquor code on premise. Ms. Do stated she circulated the petitions herself and received many positive comments in support of this application. Authority member Schmitz made a motion, seconded by Authority member Minton to adopt Resolution 99-02 for a hotel -restaurant liquor license from Hanh T. Do at Mai's Vietnamese Cuisine, 151 South College Avenue. Yeas: Cooper, Crowfoot, Davis, Minton, Morris, Oldham, and Schmitz. Nays: None. Show Cause Hearing for Harmony Liquor, Assistant City Attorney Tempel stated at it's December 2, 1998 meeting, the Authority found probably cause to schedule a show cause hearing for Harmony Liquors, 115 East Harmony, # 100, and on January 27, 1999, found Bong Ok Hwang in violation of Section 12-47-901(1) of the Colorado Liquor Code. The Authority also determined that Bong Ok Hwang, dba Harmony Liquors shall have her retail liquor store licensed suspended for a total of twenty-three (23) days, three (3) days actively served, with the remaining twenty (20) days held in abeyance for one year. The Authority agreed to temporary stay the imposition of this penalty, if the Licensee submitted a Petition for Permission to Pay a Fine in Lieu of Suspension of a retail alcohol beverage license by February 10, 1999. On February 10, 1999, Ms Hwang filed her petition and a statement of intent not to file an appeal of the Authority's findings, and gross revenue information for one year. Bong Ok Hwang stated she has submitted her sales records to Deputy City Clerk Jensen. In response to a question from the Authority, Deputy City Clerk Jensen stated that Ms. Hwang's fine is $880.71. In response to a question from the Authority, Ms. Hwang stated she has a current copy of the liquor code on premise. Authority member Schmitz made a motion, seconded by Authority member Oldham to accept the petition for permission to pay a fine in lieu of suspension of a retail alcoholic beverage license and that payment of the $880.71 fine be paid by March 2, 1999. Yeas: Cooper, Crowfoot, Davis, Minton, Morris, Oldham, and Schmitz. Nays: None. 4 February 24, 1999 Show Cause Hearing for Roberto's Burritos, Assistant City Attorney Tempel stated at its January 27, 1999 meeting, the Authority found probable cause to schedule this show cause hearing for Roberto's Burritos, 120 1h West Laurel Street, for alleged violations of the Colorado Liquor Code. Specifically, it alleged follows: • That on or about December 3, 1998, the Licensee, its employee or agent, sold, served, gave away, disposed of, exchanged, or delivered, or permitted the sale, serving giving, or procuring of any alcohol beverage to or for any person under the age of twenty-one years, to wit: Nola Murphey, in violation of Section 12-47-901 (1) (a), C.R.S. • That on or about December 3, 1998, the Licensee, its employee or agent, sold, served, gave away, disposed of, exchanged, or delivered, or permitted the sale, serving, giving, or procuring of any alcohol beverage to or for any person under the age of twenty-one years, to wit: Jessica Kirkas, in violation of Section 12-47-901(1)(a), Colorado Revised Statutes. • That on or about December 3, 1998, the Licensee, its employee or agenda, sold, served, gave away, disposed of, exchanged, or delivered, or pemutted the sale, serving giving, or procuring of any alcohol beverage to or for any person under the age of twenty-one years, to wit: Brian Holley, in violation of Section 12-47-901 (1) (a), Colorado Revised Statutes. • That on or about December 3, 1998, the Licensee, its employee or agent failed to conduct the licensed premises in a decent, orderly, orderly and respectable manner and permitted profanity, rowdiness, undue noise, or other disturbances or activity offensive to the senses of the average citizen, or to the residents of the neighborhood in which the licensed establishment is located, in violation of Regulation 47-900A, Colorado Liquor Code. Prosecuting Attorney Reester gave a brief overview of the charges, stating that the Fort Collins Police Department is requesting that the Authority find Watterson Foods, Inc., guilty of all 11 charges, 6 counts of serving a minor, 1 count unlicensed possession of a beverage, 2 counts of conduct of establishment, 1 count of not having a kitchen open and reviewed events that occurred on December 3, 1998. Zach Wilson, attorney representing Watterson Foods, Inc., stating that there have been no violations before December 3, 1998. He gave a brief overview of history of their establishment. Mr. Wilson stated that they will no longer have 18 and over nights and that they will have the kitchen open later into the evening. Brian Ivers, Fort Collins Police Officer, was sworn. He stated he has been employed as a police officer since June, 1994 and described the events that occurred on December 3. Officer Ivers stated he saw a large crowd throwing bottles off the patio. He stated he also saw people with open containers wandering off the licensed premises. Officer Ivers stated at this point he called for backup. He stated Jay Watterson informed him that he had 5 security people on duty and that the premises capacity was 150 people and that Jay was cooperative. Officer Ivers stated the establishment was very busy, shoulder to shoulder, people downstairs, unattended, standing in line to use the bathroom with drinks in their hands. He stated that after the bar was closed, they found four underage drinkers. 5 February 24, 1999 Attorney Wilson cross-examined Officer Ivers. In response to a question from Attorney Wilson, Officer Ivers stated he did not see an assault situation at Roberto's and that he has not re -visited Roberto's to find out if they have made any changes to their operations. Prosecuting Attorney Reester re-examined Officer Ivers. Officer Ivers was dismissed. Kim Steffen, Fort Collins Police Officer, was sworn. She stated she observed a lot of people on the balcony, waiting on the stairs to get in. Officer Steffen stated she issued several summons for underage drinking. She stated she was also concerned about the crowding of the premises. Attorney Wilson cross-examined Officer Steffen. She described the proper procedure for police officers to remove uncooperative patrons. Officer Steffen stated she only observed off -premise drinking at the bottom of the stairs. Officer Jones, Fort Collins Police Officer, was sworn. She stated she has been a police officer with Fort Collins for 9 months. Officer Jones stated she contacted Mr. Holly because he looked underage and drinking alcohol. She stated he admitted he was 20 years of age and that she confirmed this via his i.d. Officer Jones stated Mr. Holly confirmed that he had no other id's. She stated Mr. Holly exhibited signs of being visibly intoxicated. Officer Jones was dismissed. Officer Michelle Stone, Fort Collins Police Officer, was sworn. She stated she has been a patrol officer since June, 1998. Officer Stone stated Officer Ivers left Roberto's to attend to an assault reported at the Pickle Barrel. Officer Stone briefly described the altercation between two patrons. She stated as she approached patrons that they were hiding their drinks and when asked, denied they had an id with them Officer Stone stated she observed many people with signs of visible intoxication. She stated Mr. Jay Watterson was following her around, apologizing for this situation, stating he was still new at running a bar. Mr. Watterson admitted to Officer Jones that he had rented out Roberto's for a fraternity party. In response to a question from Prosecuting Attorney Reester, she stated Mr. Watterson was initially cooperative, but became combative and disruptive. Attorney Wilson cross-examined. Officer Stone stated the crowd was uncooperative and unruly, however, she did not see any weapons. She stated she smelled alcohol and observed blood -shot eyes on Mr. Watterson. Officer Stone was dismissed. Officer Penick Fort Collins Police Officer, was sworn. He stated he has been employed by the Fort Collins Police Department for over 3 years. Officer Penick stated he encountered numerous visibly intoxicated underage drinkers. He stat Attorney Wilson cross-examined. Officer Penick was dismissed. 6 February 24, 1999 Sergeant Cory Stephenson, Fort Collins Police Officer, was sworn. He stated he has been with the Police Department since February 1994. Sergeant Stephenson stated that Mr. Watterson had become disruptive as officers were moving throughout the crowd contact patrons. Attorney Wilson cross-examined. Sergeant Stephenson stated he had observed situations that he believed violated the liquor code. Sergeant Stephenson was dismissed. Prosecuting Attorney Reester called Liquor Enforcement Officer Johnson was called and sworn. Officer Johnson stated he informed Mr. Watterson on February 1 that he must get his kitchen open and functional. He stated he returned to the restaurant on February 17 and was informed by a Roberto's employee that the kitchen was permanently closed. Attorney Wilson cross-examined. Officer Johnson stated the liquor code does not require that a hotel -restaurant liquor license be open for any specific time, if they are open, however, when they are open meals should be made available. Prosecuting Attorney Reester re-examined. Officer Johnson stated he requested a summary suspension because there were quite a number of underage people frequenting Roberto's and being served alcohol. He stated there was a propensity for injury was great and that Mr. Watterson was willfully not complying with liquor laws. Liquor Enforcement Officer Johnson was dismissed. Attorney Wilson called Brad Thomley as witness. He was sworn. Mr. Tornley stated he has never been cited for serving underage and described the training he has received. He briefly described changes Mr. Watterson has implemented since December 3, 1998. Prosecuting Attorney Reester cross-examined. Mr. Tomley stated he did tell officers on February 17 that the kitchen was permanently closed. Bradley Thornleywas dismissed. Attorney Wilson called Jay Watterson as witness. He was sworn. Mr. Watterson stated he hired more bouncers on December 4, 1998. He stated he visited several other premises that host 18 and over nights. Prosecuting Attorney Reester cross-examined. Mr. Watterson stated he has continued with the 18 and over nights and that he has been serving burritos. Mr. Watterson was dismissed. Prosecuting Attorney Reester gave her closing statements. Attorney Wilson gave his closing statements. 7 February 24, 1999 Authority member Cooper made a motion, seconded by Authority member Schmitz to find Watterson Foods, Inc., dba Roberto's Burritos, 120 'h West Laurel Street, guilty of the above listed violations. Yeas: Cooper, Crowfoot, Davis, Minton, Morris, Oldham, and Schmitz. Nays: None. Authority member Cooper made a motion, seconded by Authority member Schmitz to impose a 120 day suspension, 90 days held in abeyance, with 30 days served in 1 week increments for the next 4 months. Yeas: Cooper, Crowfoot, Davis, Minton, Morris, Oldham, and Schmitz. Nays: None. Transfer of Ownership of Roberto's Burrito's, 120 1.2 West Laurel, from Watterson Foods, Inc., to Roberto's Bar & Tavern, LLC, Postponed to March 24, 1999 Authority member Davis made a motion, seconded by Authority member Morris to postpone the transfer of ownership of Roberto's Burrito's, from Watterson Foods, Inc., to Roberto's Bar & Tavern, LLC to March 24, 1999. Yeas: Cooper, Crowfoot, Davis, Minton, Moms, Oldham, and Schmitz. Nays: None. Police Report Liquor Enforcement Officer Johnson briefed the Authority on alleged violations at Sportscasters, 165 East Boardwalk for serving an underage patron. Authority member Morris made a motion, seconded by Authority member Oldham to find that probable cause exists to schedule a show cause hearing on March 24, 1999 for Sportscasters, 165 East Boardwalk, for alleged violations of Section 12-47-901(1)(a), Colorado Revised Statutes and to instruct the Deputy City Clerk to issue the necessary subpoenas. Yeas: Cooper, Crowfoot, Davis, Minton, Morris, Oldham, and Schmitz. Nays: None. THE MOTION CARRIED. Liquor Enforcement Officer Johnson briefed the Authority on alleged violations at Archers, 3516 South Mason Street, for serving an underage patron. Authority member Schmitz made a motion, seconded by Authority member Cooper to find that probable cause exists to schedule a show cause hearing on March 24, 1999 for Archers, 3516 South Mason Street, for serving an underage patron. Yeas: Cooper, Crowfoot, Davis, Minton, Morris, Oldham, and Schmitz. Nays: None. THE MOTION CARRIED. Liquor Enforcement Officer Johnson briefed the Authority on alleged violations at Courtyard by Marriot, 1200 Oakridge, for serving an underage patron. Authority member Schmitz made a motion, seconded by Authority member Morris to find that probable cause exists to schedule a show cause hearing on March 24, 1999 for Courtyard by Marriot, 1200 Oakridge, for alleged violations of Section 12-47-901(1)(a), Colorado Revised Statutes and to instruct the Deputy City Clerk to issue the necessary subpoenas. Yeas: Cooper, Crowfoot, Davis, Minton, Morris, Oldham, and Schmitz. Nays: None. THE MOTION CARRIED. 8 February 24, 1999 Liquor Enforcement Officer Johnson briefed the Authority on alleged violations at Sullivan's, 820 City Park, for serving an underage patron. Authority member Morris made a motion, seconded by Authority member Crowfoot to find that probable cause exists to schedule a show cause hearing on March 24, 1999 for Sullivan's, 820 City Park, for alleged violations of Section 12-47-901(1)(a), Colorado Revised Statutes and to instruct the Deputy City Clerk to issue the necessary subpoenas. Yeas: Cooper, Crowfoot, Davis, Minton, Morris, Oldham, and Schmitz. Nays: None. THE MOTION CARRIED. Adjournment Authority member Crowfoot made a motion, seconded by Authority member Schmitz, to adjourn. Yeas: Cooper, Crowfoot, Davis, Minton, Morris, Oldham, and Schmitz. Nays: None. THE MOTION CARRIED. The meeting adjourned at 2:03 a.m. on February 25,1999. E