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HomeMy WebLinkAboutLiquor Licensing Authority - Minutes - 08/02/2018LIQUOR LICENSING AUTHORITY MINUTES Regular Meeting, August 2, 2018 1:00 p.m. Staff Liaison: Aimee Jensen A regular meeting of the Liquor Licensing Authority was held August 2, 2018 in Municipal Court, 215 North Mason. Judge Kathleen M. Lane presiding. Staff in attendance: Bronwyn Scurlock, Assistant City Attorney Aimee Jensen, Deputy City Clerk David Lindsay, Liquor Enforcement Show Cause Hearing for Live for Live Music, LLC, dba The Aggie Theatre, 204 South College Avenue, Stipulation Agreement Approved Patrick Tooley, attorney representing Live for Live Music, LLC, stated he and his client have had a chance to review the stipulation agreement. Assistant City Attorney Scurlock briefly the stipulation agreement. She stated the Licensee has agreed to a 3 day suspension, 3 days served ($490.08 fine paid in lieu of suspension), for violating Colorado Code or Regulations, 1 C.C.R. 203.2, Section 47-900(A), conduct of establishment, Chapter 3, Article III, Section 3-81 of the City Code, Notification of Disturbances, and Chapter 12, Article III, Section 12-59 of the City Code, smoking prohibited in public places. Judge Lane approved the findings, conclusion and order accepting the stipulation agreement as presented for Live for Live Music, LLC, dba The Aggie Theatre, 204 South College Avenue. Show Cause Hearing for Red Lobster Restaurant, LLC, dba Red Lobster Restaurant #0393, 3301 South College Avenue, Stipulation Agreement Approved Lisa Hill, representative for Red Lobster Restaurant, LLC, stated he has had an opportunity to review the stipulation agreement. She stated the employee’s employment was terminated. Assistant City Attorney Scurlock briefly the stipulation agreement. She stated the Licensee has agreed to a 15 day suspension, 5 days served ($641.31 fine paid in lieu of suspension), with 10 days held in abeyance for one year for 1 year for violating Colorado Liquor Code Section 12-47-901(1)(a.5) prohibiting the service of an alcohol beverage to a person under the age of twenty-one years. DocuSign Envelope ID: 03CE4F65-998A-4E25-A0E9-1E4995C6FD05 July 11, 2018 2 | Page Judge Lane approved the findings, conclusion and order accepting the stipulation agreement as presented for Red Lobster Restaurants, LLC, dba Red Lobster Restaurant #0393, 3301 South College Avenue. Show Cause Hearing for McClellan’s Brewing Company, LLC, dba McClellan’s Brewing Company, 1035 South Taft Hill Road, Stipulation Agreement Approved Thomas Landi and Joshua Landi, representatives for McClellan’s Brewing Company, LLC, stated they have had an opportunity to review the stipulation agreement. Assistant City Attorney Scurlock briefly the stipulation agreement. She stated the Licensee has agreed to a 14 day suspension, 4 days served ($1079.50 fine paid in lieu of suspension), with 10 days held in abeyance for one year for 1 year for violating Colorado Liquor Code Section 12-47-901(1)(a.5) prohibiting the service 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 McClellan’s Brewing Company, LLC, dba McClellan’s Brewing Company, 1035 South Taft Hill Road. Show Cause Hearing for Friedlan Enterprises, Inc., dba, Saddle Up Liquor, 1015 South Taft Hill Road, Stipulation Agreement Approved Lee Christian, attorney representing Friedland Enterprises, Inc., stated he has had an opportunity to review the stipulation agreement with his client. Assistant City Attorney Scurlock briefly the stipulation agreement. She stated the Licensee has agreed to a 30 day suspension, 5 days served to include a Friday or Saturday night, from the start of business on July 15, 2018 to the close of business on July 17, 2018 and again from the start of business on July 26 to close of business on July 27, 2018. Additionally, a fine in lieu of suspension of shall be paid in the amount of $4058.72 for 5 days. The remaining 20 days will be held in abeyance for 1 year for violation C.R.S. 12-47-901(1)(a) prohibiting the service of an alcohol beverage to a person under the age of twenty-one years and for the violation of the prior Stipulation entered into on October 5, 2018. Judge Lane approved the findings, conclusion and order accepting the stipulation agreement as presented for Friedlan Enterprises, Inc., da Saddle Up Liquor, 1015 South Taft Hill Road. Show Cause Hearing for Twin Owls Motor Lodge, Inc., dba Sushi Zensai, 223 Linden Street, Stipulation Agreement Approved Brandi Nieto, attorney representing Twin Owls Motor Lodge, Inc., stated she has had an opportunity to review the stipulation agreement with her client, Mary Chung. Ms. Chung described the changes she has made to ensure liquor laws are adhered to. She stated she and her employees will be TIPs trained. Assistant City Attorney Scurlock briefly 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 DocuSign Envelope ID: 03CE4F65-998A-4E25-A0E9-1E4995C6FD05 July 11, 2018 3 | Page abeyance for one year for 1 year for violating Colorado Liquor Code Section 12-47-301(3)(a) unlawfully exercising privileges granted to another licensee. Judge Lane approved the findings, conclusion and order accepting the stipulation agreement as presented for Twin Owls Motor Lodge, Inc., dba Susi Zensai, 223 Linden Street. Show Cause Hearing for Cinemark USA, Inc., dba Cinemark Movie Bistro Foothills Mall, 335 East Foothills Parkway Stipulation Agreement Approved Brian Proffitt, attorney representing Cinemark USA, Inc., stated he has had an opportunity to review the stipulation agreement with his client. He stated all employees will be re-trained and that they will provide proof of training to the City Clerk’s Office. Assistant City Attorney Scurlock briefly the stipulation agreement. She stated the Licensee has agreed to a 15-day suspension, 5 days served ($1260.83 fine paid in lieu of suspension), with 10 days held in abeyance for one year for 1 year for violating Colorado Liquor Code Section 12-47-301(3)(a) unlawfully exercising privileges granted to another licensee. Judge Lane approved the findings, conclusion and order accepting the stipulation agreement as presented for Cinemark USA, Inc., dba Cinemark Movie Bistro Foothills Mall, 335 East Foothills Parkway. Show Cause Hearing for GMRI, Inc., dba Olive Garden Italian Restaurant, 3905 South College Avenue Stipulation Agreement Approved Brian Proffitt, attorney representing GMRI, Inc., stated he has had an opportunity to review the stipulation agreement with his client. Assistant City Attorney Scurlock briefly the stipulation agreement. She stated the Licensee has agreed to a 15-day suspension, 5 days served ($1260.93 fine paid in lieu of suspension), with 10 days held in abeyance for one year for 1 year for violating Colorado Liquor Code Section 12-47-301(3)(a) unlawfully exercising privileges granted to another licensee. Judge Lane approved the findings, conclusion and order accepting the stipulation agreement as presented for GMRI, Inc., dba Olive Garden Italian Restaurant, 3905 South College Avenue. Temporary Modification of Premise Application from Music City Hot Chicken, LLC, dba Music City Hot Chicken, 111 West Prospect Road, #B and #C Approved Jordan Graf, representative for Music City Hot Chicken, LLC, stated they are requesting a temporary modification to their premises to include the parking lot in front of the restaurant for the six Colorado State University home games this fall. In response to questions from the Authority, Mr. Graf briefly described the barriers and security staff he will have for each event. He stated they will not serve alcohol in the extended premises before 9:00 a.m., or after 2:00 p.m. DocuSign Envelope ID: 03CE4F65-998A-4E25-A0E9-1E4995C6FD05 July 11, 2018 4 | Page Judge Lane approved the temporary modification of premise application from Music City Hot Chicken, LLC, dba Music City Hot Chicken, 111 West Prospect Road, #B and #C for August 25, September 8, September 22, October 13, October 26 and November 17, 2018. Temporary Modification of Premise Application from Black Bottle Brewery, LLC, dba Black Bottle Brewery, 1611 South College Avenue, Suite 1609, Approved Sean Nook, representative for Black Bottle Brewery, LLC, stated that they will not keep the extended premises open past 9:00 p.m. Mr. Nook briefly described the fencing and security measures he will be taking for the safety of their patrons and employees. Judge Lane approved the temporary modification of premise application from Black Bottle Brewery, LLC dba Black Bottle Brewery, 1611 South College Avenue, Suite 1609. Hearing on a New Application from Lucky’s Market Operating Company, LLC, dba Luckys’ Market, 425 South College Avenue, Approved Brian Proffitt, representative for Lucky’s Market Operating Company, LLC, stated he has two witnesses to testify. Tanya Ellis, store director, was sworn. She briefly described her background and how long she has been with Lucky’s Operating Company, LLC. Ms. Ellis described the type of training employees are required to complete prior to being allowed to sell 3.2% beer. Carol Johnson, representative for Esquire Petitioning, was sworn. She stated the results of this survey indicate strong support for this application. Ms. Johnson stated surveyors received many positive comments in support of this application. Judge Lane adopted Resolution 2018-011 for a 3.2% beer – off premise license from Lucky’s Market Operating Company, LLC, dba Lucky’s Market, 425 South College Avenue. Hearing on a New Application from Whole Foods Market Rocky Mountain/Southwest L.P., dba Whole Foods Market, 2201 South College Avenue, Approved Kevin Coates, attorney representing Whole Foods Market Rocky Mountain/Southwest L.P., stated they are ready to proceed. Scott McFetridge, property owner within the 1 mile radius designated as the neighborhood, was sworn and stated that there is a need and desire for this license to be granted. Max Scott, representative for Oedipus, Inc., was sworn. He briefly reviewed how the petitioning was conducted and that these results represent support for this application. Brian Lahey, general manager for Whole Foods, was sworn and stated customers regularly ask for beer to be sold at this store. He briefly described their training methods as well as who will be required DocuSign Envelope ID: 03CE4F65-998A-4E25-A0E9-1E4995C6FD05 July 11, 2018 5 | Page to complete training prior to selling 3.2 % beer. Mr. Lahey stated he understands the responsibility involved with the sale and service of 3.2% beer. Judge Lane adopted Resolution 2018-014 approving a 3.2% beer – off premise license from Whole Foods Market Rocky Mountain/Southwest L.P., dba Whole Foods Market, 2201 South College Avenue. Hearing on a New Application from Lirano Wine Bar, Inc., dba Lirano Wine Bar, 3600 Mitchell Drive, #5, Approved Mark Cohen, representative for Lirano Wine Bar, Inc., was sworn. In response to questions from the Authority, Mr. Cohen detailed the premises. He stated he will have light snacks available for his patrons. Mr. Cohen stated he and his employees will be TIPs trained prior to opening. Judge Lane adopted Resolution 2018-010 approving a tavern liquor license from Lirano Wine Bar, Inc., dba Lirano Wine Bar, 3600 Mitchell Drive, #5. Adjournment The meeting adjourned at 2:25 p.m. ______________________________ Municipal Judge __________________________________ Secretary DocuSign Envelope ID: 03CE4F65-998A-4E25-A0E9-1E4995C6FD05