HomeMy WebLinkAbout1999-10-13 VLLA Agenda & MinutesAGENDA
LOCAL LICENSING AUTHORITY
October 13, 1999 Meeting
10:00 A.M.
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PUBLIC HEARING - Consideration of the Authority of a Liquor License Renewal
and a Manager Registration Change for The Customer Company DBA Craig's
Market, at the location of 15 Vail Road, Vail, Colorado.
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A. Manager Registration Change from Bashir Abdiani to Bruce Gray 1��;� /
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B. Renewal of a 3.2 Percent Beer Retail License (Off Premises)
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Represented by Bruce Gray �„p
PUBLIC HEARING - Consideration of the Authority of a Liquor License Renewal
and a Corporate Structure Change for Up the Creek Bar & Grill, Inc. DBA Up the
Creek Bar & Grill, at the location of 223 Gore Creek Drive, Vail, Colorado.
A. Corporate Structure Change: ��j� �1..� e�.- `'L,,,,o'���,.
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Gordon Ling replacing Josef Langegger as Vice Presiden� ,�" �
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B. Renewal of a Hotel and Restaurant Liquor License ��y�� ' �
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Represented by Peter Stadler
3. PUBLIC HEARING - Consideration of the Authority of a Liquor License Renewal,
a Trade Name Change and a Modification of Premises for Vail Food Services, ��
Inc. DBA Golden Peak Restaurant, at the location of Tract F, Block 3, Vail, �p�_ ��
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�� A. Renewal of a Hotel and Restaurant Liquor�i� s�,�,T � 4•�J�'`''�� ,1'.-fl
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B. Modification of Premises �� � ���� � o
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C. Trade Name Change from Golden Peak Restaurant to The Wreck Room 1 c.�►t�.
Represented by Eric Pottorff, Vail Food Services, Inc.
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PUBLIC HEARING - Consideration of the Authority of a Corporate Structure
Change for Chart House Inc. DBA Chart House, a Hotel and Restaurant
License, at the location of 610 Lionshead Circle, Vail, Ca ,��
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William M. Sullivan replacing Cynthia Todd Quigley as Exec. Vice
Pres/CFO and Treasurer
Laura A. Mondrowski has been added as Vice President/Corporate
Counsel
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Represented by ames Benvenuto Gen al Manager .
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Brian Turner with the State Liquor Enforcement Division stopped by The George on September 23, 1999
and asked for a meal and was turned down. He gave them a warning that they needed to comply with the
State statutes of supplying meals while being open for business.
He suggested that the LLA place a condition of approval for the renewal of 'The George's liquor license.
He stated we should require they come back to the LLA in 6 months with proper evidence showing that
25% of their sales comes from food as is required of an H& R liquor license.
Per Section 12-47-411 (a)(b)(c). Hotel & Restaurant License - see attached.
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5. PUBLIC HEARING - Consideration of the Authority of a New Liquor License and -�,
Manager Registration for Graybill & McCann Restaurant Group, Inc. DBA �� ;),U�j`
Bighorn Bistro, a Hotel and Restaurant Liquor License at the location of 46 1✓
Vail Racquet Club Dnve, Vail, Colorado. � .� y1�0-�'- ��'/ �
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A. New Hotel and Restaurant Liquor License ��� ��'�%
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B. Manager Registration - Arthur McCann, General Manager ,,,,,_,p� I�,,.,, '}'O
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6. Consideration of the Authority of recent renewals: �f� ,v� �� ��,
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A. VIP LTD D Q T R Inc. DBA Garton's Saloon /�� '
��, g�3o /o,L Represented by Dave Garton ��,Q,, �
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�B. Glendining Enterprises, Inc. DBA The George ��' a„
��,,�,�,d Represented by Jim Glendining ������ r""
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C. Grand Prix Inc. DBA Grand Prix -- `�✓�� � W�� `f 'd
�c' o, ( o� Represented by Ed Moulton �+S'�' \
D. Pazzo's Pizzeria DBA Pazzo's Pizzeria ��'�- �'0�' Z�by '� �11 �,,�'�
Q 5 �3 t( 01 Represented by Brian Hutchinson ��y . 0 k"�i b'1
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�,rN''� E. Vail Food Services, Inc. DBA Frasier's at Lionshead/Trails End � .�
��� ���bi�oo Represented by Eric Pottorff � �` `, ��
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� F. WI Corporation DBA Vail Village Inn �1"�`� �.
o p, Represented by Connie Dorsey �W`"'�� ,� ��� �" n
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G. Gore Valley Enterprises, Inc. DBA West Vail Liquor Mart �� w-�� °` .��
�oI �Z Represented by Howard Gardner ��.��,.�' �'I
H. J A Chelsea Inc. DBA Club Chelsea
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g I o o Represented by Darbi Gilbert �`��� ��bY `� _Q,��y�.�.cy( y,�
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7. Any other matteC� uthority wishes to discuss
'-b�...,'�vti%'-s l�,±l.,�.�+../�O �'O `�--°''� °� ~`�'� •
8. Next regular meeting of the Vail Local Licensing Authority will be Wednesday,
November 10, 1999. �
TOWN OF VAIL
Local Licensing Authority
Lorelei Donaldson �
Secretary to the Authority -��� l� �.y�,,,,a„p,,,,�� �.�Y� ���'�' �
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5. PUBLIC HEARING - Consideration of the Authority of a New Liquor License and
Manager Registration for Graybill & McCann Restaurant Group, Inc. DBA
Bighorn Bistro, a Hotel and Restaurant Liquor License at the location of 4695
Vail Racquet Club Drive, Vail, Colorado.
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New Hotel and Restaurant Liquor License
Manager Registration - Arthur McCann, General Manager
6. Consideration of the Authority of recent renewals:
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VIP LTD D Q T R Inc. DBA Garton's Saloon
Represented by Dave Garton
Glendining Enterprises, Inc. DBA The George ���� �'�
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Represented by Jim Glendining � �` �-�tG • �(iu-4�(.
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Grand Prix Inc. DBA Grand Prix � ��� � ,
Represented by Ed Moulton ��''t'�' ��. C� �{a,o�► �.
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D. Pazzo's Pizzeria DBA Pazzo's Pizzeria
Represented by Brian Hutchinson �� � ���;��p�, �(�b�Y�'�1�. �'b'Ld��
, i �'tar CL�or'-- r3, \�D o � �
E. Vail Food Services, Inc. DBA Frasier s at Lions ead/Trails End i•�•
Represented by Eric Pottorff b, i�:ooP.N�.• 7 d;�G�1��•
F. WI Corporation DBA Vail Village Inn �b�� �G; 4,G1-
Represented by Connie Dorsey G'. �"if�' �'�
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G. Gore Val�ey Enterprises, Inc. DBA West Vail Liqu r Mart d�� �p�y�,e,�4
Represented by Howard Gardner �,�p.a�
,J�� , � �Piv�So'h- s
H. J A Chelsea Inc. DBA Club Chelsea (�.30P��. - d:���?,
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Represented by Darbi Gilbert �, S, S�� ��
Any other matters the Authority wishes to discuss.
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Next regular meeting of the Vail Local Licensing Authority will be Wed esday,
November 10, 1999. -
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TOWN OF VAIL '
Local Licensing Authority `w����� � � o� - Y�6'( iC�
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Lorelei Donaldson �Jr�C� � �,t� �
Secretary to the Authority ' �G�(.(.��' ' ( �( �0. � iD`�
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10/13/99 Local Licensing Authority meeting
Item No. 6(B) Glendining Enterprises, Inc. DBA The George (consideration of the
Authority of recent renewals:
My name is Fred Larkin and I've been a condominium owner at the Mountain Haus for
25 years that its been in existence. We were original owners, have maybe purchased the
very first unit in the building, and have been there continuously and I was on the first
board when Gaynor Miller, a friend of our, designed and built and tore down the
nightlifes to form the Mountain Haus. I'm not exactly where to start on this, as well as
Dan Carr has informed you of what when on there, he couldn't have a clue, because he
hasn't spent nights above in Unit 108 those speakers which absolutely impossible to
sleep. He can only image, as you can, it seems like you all know the Mountain Haus and
where it is and where The George is and I commend you for that. The noise however,
that occurs between 11:00 and 2:00 is intolerable. We have guests that can't stay there, I
can't sleep, the windows shake, the place vibrates. We have caulked all areas of less than
a perfect fit, having removed the carpet and put caulking all the way around the premises
and the building, at our expense, has caulked all of the plumbing pipes. They shake and
vibrate and it seems to me that its an attitude problem. We've not had a problem in the
past. This is a new experience for me. I've never been in this building, I'm happy to say,
I haven't had a traffic ticket or a public appearance that was required, but I thought this
one time, because I haven't been a complainant all of these years doesn't mean that were
nor having a problem. I'm not a whiner and I'm not a complainer, but here I am today
whining and complaining. Now it's because of the severity of the problem that seems to
have no immediate result on the horizon. It's true that we haven't gone to the trouble to
document the reports but I haven't complained until this moment. I haven't complained
to anybody. But that doesn't mean that the problem doesn't exist and we have other
owners that are not here today. Some of them live in other cities, other states and other
countries. The people right next to us which have the same story that I have are from
Mexico, difficult for them to get here. It doesn't mean that the problem doesn't exist.
The problem exists in the winter. It doesn't exist in October or September, but it exists as
soon as the snow falls starting with Thanksgiving. So, that's the time to check it out and
for you to drop in there about 2:00 in the morning and view and hear the action and its
only going to get worse as you've heard this morning business has been bad. Wait till
business gets good, just wait. This is just an intolerable situation. The vibrations, it's a
simple solution, its one of attitude. If somebody would reach in with their right or left
hand and turn the volume knob to the left we probably wouldn't have a problem. But
they're not willing to do that. I think their attitude is maybe expressed in that we're not
violating any laws. That may well be true but it costs us a lot of aggravation, our guests
are not happy, the building is not happy, the condo association has bent over backwards
with the new grand entrance, signage, any way we could cooperate. We like to have a
business there that will succeed. We've had several that have not been big successes.
That space started off for the first year or two as a spa. It was a cold plunge and a four
foot deep pool and saunas and no customers, it cost $5.00 a day so its no wonder, but it
was owned by the building's owner and operated as an amenity. But restaurants would
be very desirable to us. We like to have a good restaurant. I went in there on two
occasions to try to find something to eat, it was a zero(?) so I really haven't been back.
At one time they had a menu that had sandwiches or something, but it didn't have any so
I know its not a place to eat. So, I guess that's my story. I just think you could hear this
75 times over, but that's what it is. I think its an attitude situation and if it doesn't get
changed I don't know really what we can do. We've been told that we can all sue
individually and keep track of damages and that's good for the lawyers but it seems
there'd be a better way to handle it and this looks like the lowest level and the best way to
give it a shot. We're not trying to put them out of business, it isn't that we have any
problems with any of the people personally. Its not that we don't like their food or their
liquor, we don't like the noise. That's our particular bitch about this thing and it seems
like it's pretty easy to resolve. So I'm hopeful that you guys will entertain some way to
accommodate this.
David Chapin: CANNOT LTNDERSTAND ... Is this one condo that's affect?
Fred Larkin: No, no, it's through the whole building. To further amplify the situation the
noise that occurs through the atrium, which is a six story glass atrium, our unit and other
units have windows that open into that area. Originally, my first year on the board, we
dealt with the problem of not being able to get a Certificate of Occupancy. And that's
because the fire people came through and said this is just a chimney and so we had to
glass in the doors on the end and in the stairwells and we had to glass in the entire atrium.
So any noise that's generated downstairs works its way up into those rooms so that you'll
notice that no windows are open at those hours and that's why, because.
someone talking: CANNOT UNDERSTAND
Fred Larkin: That's correct.
someone talking: CANNOT LTNDERSTAND
Fred Larkin: It's all of that but I think that some of that goes with the territory. I'm
willing to personally say that if people get sick to their stomach, you know we can clean
it up. We don't like that and it hasn't happened before so there is a clientele then we've
been accustomed to in the Mountain Haus.
someone talking: That's just in the last year?
Fred Larkin: Yes, yes.
someone talking: CANNOT LTNDERSTAND
Fred Larkin: That's correct.
someone talking: Is there any way to, on that lower level to wall in the area?
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Fred Larkin: Yeah, I'm glad you asked about that. That would be at some inconvenience
to everyone, we have our ski lockers and health club type equipment and so on down
there that if people in the building wanted to use it we'd have to walk outside and ingress
and egress to two separate doors.
someone talking: CANNOT LTNDERSTAND
Fred Larkin: Sure, all that stuff might work, but turning the knob on the volume would
be more effective. It would work. You could wall that out, you could perhaps double
insulate it, put more glass in there, maybe glass blocks, I don't know. Until this second
I've never given that a lot of thought. I just thought if they could just that volume knob
we could greatly reduce the problem. I don't mean to say that there isn't a lot of smoke
and that a lot of people are bothered by smoke that might seep up. We think that we've
solved that problem in our particular unit. We did that rather than having the building do
that.
someone talking: Does the Association have .........?
Fred Larkin: No, it's a free enterprise system, buyers and sellers. In hind sight of course
now we would all wish we had turned it into mini storage or something.
Pam Brandmeyer: Mr. Chairman, Jim would you come up to the lectern please? We had
amplified sound equipment that we use for interior readings as well as exterior, and in the
past the Police Department brought that equipment into your space, because you are, we
have defined decibel levels to interior spaces as well.
Jim Glendining: Only on one occasion, the first winter we were open, one occasion and
they took a reading inside and it didn't register. ....... CANNOT iJNDERSTAND
Fred Larkin: Well that's a good, and I need to interrupt here a second.
Jim Glendining: CANNOT LJNDERSTAND
Fred Larkin: And this is the deal. I've never complained either. I'm hear to tell ya that
I'm not inherently a complainer. I try to solve the problem mysel£ We've never talked,
we've never met, we've never had a discussion, I've never sent a letter.
Jim Glendining: ......$20,000, $30,000 for sound equipment myself.
Fred Larkin: Then pay it to the lawyers.
David Chapin: CANNOT LTNDERSTAND..... we're being generous here.
Fred Larkin: We appreciate that.
David Chapin: .. . public comment, we're going to allow it. We really ask that you make
it brief so that ........
Dan Carr: Mr. Chairman, lawyers talk too much and I know that but I have just one
comment the standard, if you look at the law says under the disorderly conduct statute
which is the key unreasonable noise, so, we're not necessarily given the decibel level. In
addition, my only point is I think the condo association has gone to great lengths already
to do things. If my neighbor makes to much noise in my, you know where I live in a
house, I don't have to go build a hedge to keep their noise out.
someone talking:
Lanning Schiller: My name is Lanning Schiller, I'm a psychologist in Boulder. I've
been in the Mountain Haus 17 years and I'm in a somewhat unique position cause I own
104 and when it was a restaurant (someone else said something) well I'm getting there.
When it was a restaurant/lounge I was in the unique position of being the only condo
above the liquor serving portion of the restaurant/lounge. 106 is next door above the
restaurant and 108 if above the restaurant and unfortunately as the restaurant which is
3000 square feet, went from 2000 square feet of food and 1000 square feet of liquor to
2000 square feet of liquor, my neighbors started hearing more of the noise and last season
the remaining 1000 square feet was empty and now its 3000 square feet of liquor so you
know its wider and wider in terms of its expanse. My point though is that in 17 years,
actually 14 years of living above the liquor serving portion of the building I've never had
trouble like I've had in an escalating way over the last couple of years. We can't sleep at
night, we have renters moving out. Last spring I lost $10,000 in rent relative to other
units of my size and shape and position. I'm not a complainer, I mean I was the first one
to walk up to Jim and shake his hand and welcome him to the building and say you know,
how can we get menus upstairs?, how can we get connections going between the renters
and the restaurant? because we want there to be a good viable two-way relationship. And
even though she lost her license in ' 89, you know there was always food service from
downstairs, upstairs and guests always went downstairs and ate. It was very convenient
when it was ten degrees below zero. We took a poll in the summer of ' 99 and said how
many owners go downstairs and 66% percent said never. It's simply too unfriendly and
so it's not just noise and smoke but it's the character of the building has changed. When
phones are ripped off the wall or you walk in and see a fist mark through the wall, things
are torn up, a neighbor complained to me that she had been physically accosted by a
patron of the bar. When we walk up and down our stairwells and people are sleeping in
the stairwells over night, when there's urine or vomit it simply changes the character of
the building and I think that does fall into health and safety kinds of issues. We've
always been kind of a tight community. I've been on the Board for five years, I'm here
only as a homeowner and I am Vice-President to the Board. 30% to 50% of the air time
for all the Board meetings over the last three years have been taken up with
issues and we've spent over a couple hundred thousand dollars trying to fix them and
work to make it better. I'm not a complainer. I've never called the police for anything, I
didn't realize that it, one really had to do that to create a record of some kind. I really
would rather talk to Jim about his twin babies and talk with his wife and just be in a
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building that worked together, but the nature of the patrons and 3000 square feet has
caused a monster of a problem. I think when it's 1000 square feet and there's tables
serving food, physically that limits the nature of the problem, people are coming to spend
money on food, that's a certain kind of person, people are coming to a smallish lounge,
that's a certain kind of person and the problem is minimized probably by the nature of the
clientele, not just by turning the sound down or caulking or anything else we can do to
contain the operation. I want Jim to be successful, I want him to make money, I think
this space needs to be occupied, I think it's good for the Town, good for the building, but
at this point it's no more fun coming up to my unit where I've been coming for years.
It's not a peaceful, quiet, safe, enjoyable place and it's not a place I really want renters to
come. It just doesn't feel good. And we can wall them off with concrete and mortar up
to a point, but it's an old concrete building and sound transmission through concrete is
what it is and we live together, I am July 4t" I had people breaking windows and that
happens on July 4�'. I have noise coming across this creek and that' the bar across the
way, I mean we live a town, things happen, but this is my own small neighborhood and
its just not safe anymore.
someone speaking: CANNOT UNDERSTAND
someone speaking: CANNOT LINDERSTAND
someone speaking: CANNOT UNDERSTAND
Jim Glendining: I just wanted to say that while you were in session we were discussing
our problems ourselves and we're all in agreement that we're going to work as hard as we
can from both sides, especially from my side to resolve all these problems that we have
on these issues. That's all.