HomeMy WebLinkAboutLiquor Licensing Authority - Minutes - 12/02/2013LIQUOR LICENSING AUTHORITY MINUTES
Regular Meeting, December 2, 2013
1:00 P.M.
Staff Liaison: Aimee Jcnsen
A regular meeting of the Liquor Licensing Authority was held on December 2, 2013 in Municipal Court,
215 North Mason. Judge Kathleen M. Lane presiding.
Staff in attendance: Bronwyn Scurlock, Assistant City Attorney
Aimee Jensen, Deputy City Clerk
Mark Clitnovici, Liquor Enforcement Officer
Daniel Callahan, Liquor Enforcement Officer
Show Cause Hearing for
The Welsh Rabbit Cheese Shop, Ltd.,
dba The Welsh Rabbit Cheese Shop,
214 Pine Street, Stipulation Agreement Approved
Nathaniel Hines, representative for The Welsh Rabbit Cheese Shop, Ltd., stated he was familiar with
the details of the stipulation agreement.
Assistant City Attorney Scurlock summarized the stipulation agreement. She stated the Licensee has
agreed to a 15 day suspension, 5 days served ($317.59 fine 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)(I), permitting the sale of service of alcohol
beverages to a person under the age of 21 years.
Judge Lane approved the findings, conclusion and order accepting the stipulation agreement as
presented for The Welsh Rabbit Cheese Shop, Ltd., dba The Welsh Rabbit Cheese Shop, 214 Pine
Street.
Show Cause Hearing for Lu, Inc., dba
Lulu Asian Bistro, 117 South College Avenue,
Stipulation Agreement Approved
Assistant City Attorney Scrulock summarized the stipulation agreement. She stated the Licensee has
agreed to a 15 day suspension, 5 days served (S200 fine 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)(I), permitting the sale of service of alcohol
beverages to a person under the age of 21 vears.
Mei Ying Zhang stated he was familiar with the stipulated agreement and that he has required all his
employees to be retrained.
Judge Lane approved the findings, conclusion and order accepting the stipulation agreement as
presented for Lu, Inc., dba Lulu Asian Bistro, 117 South College Avenue.
December 2, 2013
Show Cause Hearing for Ingredient Ft. Collins, Ltd., dba
Ingredient, 101 South College Avenue, Stipulation Agreement Approved
Assistant City Attorney Scrulock summarized the stipulation agreement. She stated the Licensee has
agreed to a 15 day suspension, 5 days served ($200 fine 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)(I), permitting the sale of service of alcohol
beverages to a person under the age of 21 years.
Shane Berengue, manager, stated that nearly all the remaining employees have been retrained.
Judge Lane approved the findings, conclusion and order accepting the stipulation agreement as
presented for Ingredient Ft. Collins, Ltd., dba Ingredient, 101 South College Avenue.
Registration of Kyle Schommer as
Manager of Taverna Greek Restaurant,
4235 South College Avenue, Approved
Kyle Schommer, manager applicant, stated he has been with this company for several years. He stated
he has not had recent training but will schedule training soon. Mr. Schommer stated he has 22-28
employees and that there are approximately 15 employees serving alcohol in the restaurant. He stated
staff has not had training other than regular reminders to card any patrons ordering alcohol that appear
to be under the age of 40. Mr. Schommer stated he also reviews serving visibly intoxicated patrons with
employees. He stated this location does not have issues with visibly intoxicated and/or underage
patrons. He stated any employee found in violation of the liquor code would be immediately terminated.
Mr. Schommer stated he does not have a current liquor code on premise.
Judge Lane approved the registration of Kyle Schommer as manager of Taverna Greek Restaurant, 4235
South College Avenue.
Registration of Janna Fiala as
Manager of Tokyo Joe's, 2519 South Shields Street, Approved
Janna Fiala, manager applicant, stated she has been in the restaurant business for several years. She
stated she has an assistant manager and that either she or the assistant manager is on premise. Ms. Fiala
stated every patron that orders alcohol must provide a valid id, regardless of age. She stated any
employee found in violation of the liquor code is immediately terminated Ms. Fiala stated she has a
current copy of the liquor code on premise.
Judge Lane approved the registration of Janna Fiala as Manager of Tokyo Joc's, 2519 South Shields
Street.
2
December 2, 2013
Request from Greek Connection, Inc., dba Tony's Restaurant & Lounge,
to Change, Alter, or Modify the Licensed Premises
at 224 South College Avenue, Approved
Jimmy Katopodis, representative for Greek Connection, Inc., briefly described the proposed changes.
He stated thereare no changes to the second floor and that the only change for the first floor is adding
a door into the proposed premises. Mr. Katopodis stated the plans are under review with the City's
Building Department and that he does not anticipate the additional occupation to exceed 200. He stated
he anticipates this addition will be open by April. Mr. Katopodis stated this addition will add
approximately 3200 square feet.
Mr. Katopodis briefly reviewed the petitioning process. He stated there were 3 business' did not want
to sign the petition even though he offered for them to sign against the application.
Judge Lane approved the request from Greek Connection, Inc., dba "fony's Restaurant & Lounge to
Change, Alter, or Modify the Licensed Premises at 224 South College Avenue.
Show Cause Hearing for RC Restaurants, LLC dba
Fuzzy's Taco Shop, 1335 West Elizabeth Street, #125, Violation Found
Brad March, attorney representing RC Restaurants, LLC, stated he was ready to proceed.
Assistant City Attorney Scrulock called Liquor Enforcement Officer Clitnovici. He was sworn and
stated he was working in his capacity as the Liquor Enforcement Officer on October 8, 2013 when he
observed the patio addition.
Mr. March cross examined Liquor Enforcement Officer Clitnovici.
Assistant City- Attorney Scurlock re -directed.
Mr. March called Jessica Rink, who was sworn. She stated that there were tables on the southwest patio
prior to the fence being constructed.
Assistant City Attorney Scurlock cross examined Jessica Rink.
Mr. March called Marc Rogers, who was sworn. He stated he is one of the owners of RC Restaurants,
LLC dba Fuzzy's Taco Shop, 1335 West Elizabeth Street, #125. Mr. Rogers stated that due to a prior
violation from the State, that they did not allow alcohol on the southwest patio.
Assistant City Attorney Scurlock cross examined. Mr. Rogers stated the gate was removed and replaced
with the sandwich board.
Mr. March re -directed.
December 2, 2013
Assistant City Attorney Scurlock gave closing arguments.
Mr. March gave closing arguments.
Judge Lane found RC Restaurants, LLC, dba Fuzzy's Taco Shop, 1335 West Elizabeth Street, #125 in
violation of Regulation 47-302, 1 C.C.R. C 203-2 changing, altering, or modifying the licensed premises
without prior approval (increasing the size of their patio) and ordered the penalty in this matter to
consist of a five (5) days suspension of alcohol service, with such penalty to be served concurrent with
the pending State suspension for violation of State liquor law(s) if served prior to January 31, 2014.
See attached Order dated January 15, 2014.
Hearing on a New Application from RCJ Restaurants, LLC,
for a hotel -restaurant liquor license at Fuzzy's Taco Shop,
2909 East Harmony Road, #100, Approved
Brian Jones, representative for RCJ Restaurants, LLC, was sworn. IVIr. Jones stated he has been in the
quick serve restaurant for several years and that it is under construction currently. He stated the
majority of their alcohol sales comes from the sale of beer and margaritas. Mr. Jones stated they expect
80% of their sales to come from the sale of food. He stated the patio has a wrought iron fence
approximately 3 '/z feet high. Mr. Jones stated the patio gates may not be as they are presented on the
diagram submitted with the application. He stated if there are any changes to the patio gates, that they
will notify Deputy City Clerk Jensen with an updated diagram. Mr. Jones stated they will schedule
training prior to opening for all their employees. He stated training will be ongoing and that any patron
ordering alcohol that appears to be under the age of 40 will need to provide valid identification. Mr.
Jones stated he will have 3-4 assistant managers. He stated any employee found in violation of the liquor
code will be immediately terminated. Mr. Jones stated he will have a current copy of the liquor code on
premise.
Max Scott, representative for Oedipus, Inc., was sworn. In response to a question from the Authority,
Mr. Scott briefly described the petitioning process. He stated the survey indicates strong support for this
application.
Judge Lane adopted Resolution 2013-27 approving an application from RCJ Restaurants, LLC, for a
hotel -restaurant liquor license at Fuzzy's Taco Shop, 2909 East Harmony Road, #100.
Adjournment
The meeting adjourned at 3:10 p.m.
Municipal Judge
BEFORE THE FORT COLLINS LIQUOR LICENSING AUTHORITY
FORT COLLINS, COLORADO
FINDINGS, CONCLUSION & ORDER
IN THE MATTER OF: RC Restaurants, LLC.
d/b/a Fuzzy's Taco Shop
1335 West Elizabeth St. 9125
Fort Collins, CO 80521
License # 28-7131-0000
Licensee.
License Type: Hotel -Restaurant
The following are the Findings, Conclusion & Order from the hearing that was held
before the Liquor Licensing Authority ("Authority") on Monday, December 2, 2013 at 1:00 pm,
as modified by order dated December 12, 2013:
After the presentation of evidence by both the City and Licensee's attorney, Brad March,
the Authority found that the evidence presented established by a preponderance of the evidence
that the enlarged patio was a change to the licensed premises which was not shown on the map
originally filed with the application for the Hotel -Restaurant License, and that such action was in
violation of Regulation 47-302, 1 C.C.R. § 203-2 (changing, altering, or modifying the licensed
premises), because it increased the total size of the licensed premise.
WHEREFORE, the Authority ordered the penalty in this matter to consist of a five (5)
day suspension of alcohol service. Such penalty may be served concurrent with the pending State
suspension for violation of State liquor law(s) if done by 01 /31 /2014.
Approved and so ordered this Is day of January, 2014.
FORT COLLINS LIQUOR LICENSING AUTHORITY
By: �0o
Kathleen M. Lane, Municipal Judge