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HomeMy WebLinkAboutLiquor Licensing Authority - Minutes - 10/07/2013LIQUOR LICENSING AUTHORITY MINUTES Regular Meeting, October 7, 2013 1:00 P.M. Staff Liaison: Aimee Jensen A regular meeting of the Liquor Licensing Authority was held on October 7, 2013 in Municipal Court, 215 North Mason. Judge Kathleen M. Lane presiding. Staff in attendance: Bromvyn Scurlock, Assistant City Attorney Aimee Jensen, Deputy City Clerk Daniel Callahan, Liquor Enforcement Officer Mark Clitnovici, Liquor Enforcement Officer Approval of Minutes Judge Lane approved the minutes from September 16, 2013. Show Cause Hearing for Tamara Real Estate Agency USA, Inc., dba Pho Duy, 902 West Drake, D#1, Stipulation Agreement Approved Young Kin, representative for Tamara Real Estate Agency, USA, Inc., through Korean Interpreter Eunic Lee Griffin, stated he was ready to proceed. Assistant City Attorney Scurlock summarized the stipulation agreement, through Korean Interpreter Eunie Lee Griffin. 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. Mr. Kim stated, through Interpreter Griffin, that he understands the stipulation agreement and the penalty assessed. Judge ]-.,,me approved the findings, conclusion and order accepting the stipulation agreement as presented for Tamara Real Estate Agency USA, Inc., dba Pho Duy, 902 West Drake, D#1. October 7, 2013 Show Cause Hearing for Bann Thai Restaurant, LLC, dba Bann Thai Restaurant, 626 South College Avenue, Stipulation Agreement Approved Assistant City Attorney Scurlock summarized the stipulation agreement. She stated that the Licensee has agreed to a 15 day suspension, 5 days served (to be served within 30 days) 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. Suda Lapakulchai stated she understands the stipulation agreement and the assessed penalty. Judge Lane approved the findings, conclusion and order accepting the stipulation agreement as presented for Bann Thai Restaurant, LLC, dba Bann Thai Restaurant, 626 South College Avenue. Show Cause Hearing for Dimension Development Two, LLC, dba Residence Inn by Marriott, 1127 Oakridge Drive, Stipulation Agreement Approved Assistant City Attorney Scurlock 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. Christopher Davis, representative for Dimension Development Two, LLC, stated the employee that served the underage operative was retrained as well as all the serving staff. Judge Lane approved the findings, conclusion and order accepting the stipulation agreement as presented for Dimension Development Two, LLC, dba Residence Inn by Marriott, 1127 Oakridge Drive. Registration of Tyler Towry as Manager of The Rustic Oven, 2350 East Harmony Road, Suite 101, Approved Tyler Towry, manager applicant, briefly described his background. In response to a question from the Authority, Mr. Towry stated he was not the registered manager at Sports etchange. He stated all employees involved with the sale and service of alcohol must complete TIP's or equivalent training within 30 days or they are not allowed to serve alcohol. Mr. Towry stated he has had experience with visibly intoxicated patrons. He stated he supervises approximately 34 employees. Mr. Towry stated patrons are carded at the table and/or bar. He stated he has a current copy of the liquor code on premise. Mr. Towry stated any employee found in violation of the liquor code is immediately fired. Judge Lane approved the registration of Tyler Towty as Manager of The Rustic Oven, 2350 East Harmony Road, Suite 101. 2 October 7. 2013 Registration of Ray Sylvester Ertel as Manager of Ray Sylvester Ertel, manager applicant, stated he has been in the restaurant business for 30 years. He stated he completed ServSafe within the last 30 days, and that all managers are required to maintain their training. Mr. F_ttcl stated any patron ordering alcohol is carded regardless of their presumed age. He stated they would retrain any employee that violates the liquor code. Judge Lane approved the registration of Ray Sylvester Ettel as Manager of Smashburger, 2550 East Harmony Road, #100. Registration of Sean Olander as Manager of The 415, 415 South Mason Street, Approved Sean Olander, manager applicant, stated he previously worked at the Rio Grande Restaurant and that his last training was TIP's certification three years ago. He stated any employee found in violation is immediately terminated. Nit. Olander stated any patron ordering an alcohol beverage that appears to be under the age of 35 must present a valid id to be served. Judge Lane approved the registration of Sean Olander as Manager of The 415,415 South Mason Street. Registration of Titima Tongbua as Manager of Ti Bar, 107 East Laurel Street, Approved Titima Tongbua, manager applicant, stated she has grown in family's bar and restaurant business. She stated no-one under the age of 21 is allowed in the bar. Ms. Tongbua stated she has had experience with visibly intoxicated patrons and that she has instructed the employees to get a manger if there is a problematic patron. She stated she has a current copy of the liquor code on premise and that she is familiar with it. Judge Lane approved the registration of Titina Tongbua as Manager of "I'i Bar, 107 East Laurel Street. Request from Titi, Inc., dba Ti Bar to Change, Alter, or Modify the Licensed Premises at 107 East Laurel Street, Approved Titina Tongbua, manager, stated they are reducing their interior and adding a front patio. In response to a question from the Authority, Ms. Tongbua briefly described the petitioning process. She stated everyone approached was supportive of this application. Ms. Tongbua stated they have an encroachment permit for the patio. Judge Lane approved the request from Titi, Inc., dba Ti Bar to Change, Alter, or Modify the Licensed Premises at 107 East Laurel Street. October 7, 2013 Request from Rockies Foods, LLC, dba Krazy Karl's Pizza to Change, Alter, or Modify the Licensed Premises at 1124 West Elizabeth Street, Approved Karl Mobely, representative for Rockies roods, LLC, stated they are expanding next door to accommodate their increase in business. He stated they are expanding the dining and kitchen area. Mr. Mobely stated they have received support for this application. Judge Lane approved the request from Rockies roods, LLC, dba Krazy Karl's Pizza to Change, Alter, or Modify the Licensed Premises at 1124 West Elizabeth Street. Transfer of Ownership of 7-Eleven Store 35880A, 1401 West Elizabeth Street, from 7-Eleven, Inc., to CSTCP, Inc., & 7-Eleven, Inc., Approved Dan Coates, attorney representing CSTCP, Inc., & 7-Eleven, Inc., briefly described the structure of this transfer and the training requirements for all employees and owners. He stated all patrons purchasing 3.2% beer are required to present valid identification. Mr. Coates stated the owner, Scott Long, is on premise at least 40 hours a week. Mr. Long stated their beer sales are very low given that they arc very close to a liquor store. He stated there will be no changes to the premises. Judge Lane approved the transfer of ownership of 7-Eleven Store 35880A, 1401 West Elizabeth Street, from 7-Eleven, Inc., to CSTCP, Inc., & 7-Eleven, Inc. Hearing on a New Application from Dreamscape, LLC, for a hotel -restaurant liquor license at Cheba Hut Toasted Subs, 925 South Taft Hill Road, Suites 6 & 7, Approved David Timmons, representative fox Dreamscape, LLC, was sworn and briefly described his background. He stated he previously owned a Cheba Hut in Iowa. Mr. Timmons stated they are expanding into the space next to his current location. He stated he has had requests from his patrons to expand to a full liquor license. Mr. Timmons stated the menu is changing at all the Cheba Huts are changing. He stated his alcohol sales are less than 2% and does not anticipate alcohol sales to increase beyond 10-15%. Mr. Timmons stated their hours of operation will not change and that their focus will still be primarily on food. He stated his occupancy has been increased to 80 and that previously the occupancy was less than 50. Mr. Timmons stated that of his 20 employees, approximately 10 will be involved in the sale and service of alcohol. He stated he has at least one manager on duty at all times. Mr. Timmons stated patrons ordering an alcoholic beverage must presentvand identification. He stated any employee found in violation of the liquor code is immediately terminated and that he has a current copy of the liquor code on premise. Mr. Timmons stated this location has not had a liquor code violation. He stated he has installed a security- camera system, and sound proofed the wall he shares with the adjacent business. Mr. Timmons stated that he is also in contact with the landlord regarding limited parking. 4 October 7, 2013 Carol Johnson, representative for Esquire Petitioning Services, LLC, was sworn and described the Petitioning process. She stated of those petitioned in the neighborhood, 96% were in support of this application. Mr. Lawson, party -in -interest, stated he opposed this application as he has a family business immediately nest door to this proposed application. He stated he is concerned with traffic and the type of clientele a full liquor license will bring. Judge Lane adopted Resolution 2013-25 approving an application from Dreamscape, LLC, for a hotel - restaurant liquor license at Cheba Hut Toasted Subs, 925 South Taft Hill Road, Suites 6 & 7, and confirmed that the days held in abeyance be carried over to this license. Hearing on a New Application from Mason Holdings, LLC, for a hotel -restaurant liquor license at The Boot Grill, 130 West Laurel Street; Approved Jeffrey Krebs and Michael Zapf, representatives for Mason Holdings, LLC, were sworn. Mr. Zapf described their location in Loveland and that they anticipate 65% of their total sales to be from the sale of food. He stated they will be open 7 days a week. Mr. Zapf stated they are primarily a restaurant and that the kitchen is open whenever they are open. He stated they are adding a 42" high railing going up around the roof top patio and that they have received all their necessary permits from the City. Mr. Zapf stated they have the encroachment permit for the sidewalk patio. He stated they tend to attract an older crowd and have not had problems with underage drinking. Mr. Krebs stated they will always have two managers on duty. Mr. Zapf stated they have not had a liquor code violation. Carol Johnson, representative for Esquire Petitioning, LLC, was sworn. She stated this petition results indicate nearly 100% support for this application. Judge Lane adopted Resolution 2013-24 approving a new application from Mason Holdings, LLC, for a hotel -restaurant liquor license at The Boot Grill, 130 West Laurel Street. Adjournment p.m. Municipal Judge