Pinocchios likely no more in Midtown as restaurant's landlord demands $182K in unpaid rent

Erin Udell, Fort Collins Coloradoan
·3 min read

Editor's note: An earlier version of this story incorrectly stated that Pinocchios Incredible Italian's liquor license lapsed at its former Niwot location. Ownership of the license was transferred before its scheduled expiration in October 2021, according to Boulder County.

Pinocchios Incredible Italian may be no more in Fort Collins as the restaurant chain's owner, Annie Vick — who was charged with fraud by the Securities and Exchange Commission last year — now faces claims of unpaid back rent.

The Midtown eatery, 4306 S. College Ave., was closed Monday afternoon with a court summons, order from the sheriff's office and other documents taped to its door indicating Pinocchios Incredible Italian and Vick owes the property's owner more than $182,000 in past-due rent and late fees spanning from the spring 2020 through the end of 2021.

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Neither Vick nor the attorney for Apple Colorado LLC, the building's owner, responded to emails from the Coloradoan as of 1 p.m. Wednesday. Phone calls to the restaurant also went unanswered Monday and Wednesday.

Pinocchios in Midtown opened at the start of 2020

Pinocchios Incredible Italian, part of a Northern Colorado chain that started in Longmont in 2003, quietly opened its doors at 4306 S. College Ave. in January 2020 after subleasing the long-vacant former Applebee's building in 2019, according to court documents obtained by the Coloradoan.

County and court documents were taped in the window of Pinocchios Incredible Italian's Fort Collins location Monday, Jan. 24, 2022. The restaurant, which appeared closed, faces claims that it owes its property's owner more than $182,000 in past due rent.
County and court documents were taped in the window of Pinocchios Incredible Italian's Fort Collins location Monday, Jan. 24, 2022. The restaurant, which appeared closed, faces claims that it owes its property's owner more than $182,000 in past due rent.

At the time, the Fort Collins restaurant became the sixth Pinocchios Incredible Italian location across the Front Range.

As of Tuesday, Pinocchios Incredible Italian listed three current locations on its website, including restaurants in Longmont, Loveland and Frederick. One of its former Longmont locations, 1751 Hover St., had a final eviction notice from the Boulder County Sheriff's Office posted on its door as of Wednesday, according to a photograph sent to the Coloradoan.

The restaurant's former Niwot location, which was purchased by franchisees Kelsey and Joe DeBoard in early 2021, has since been renamed and reopened as Cimmini's, Kelsey DeBoard told the Coloradoan Tuesday.

The DeBoards decided to go independent and change the restaurant's original Pinocchios name in an effort to separate themselves from Vick, who "just wasn't holding up her end of the bargain when it came to the franchise," Kelsey DeBoard said, claiming that, among other issues, Vick let the restaurant's liquor license lapse last fall.

According to Boulder County, Pinocchios' liquor license in Niwot did not expire and was, instead, within days of expiring on Oct. 29, 2021 when the DeBoards took over the license and applied for a transfer of ownership of it to align with the restaurant's new name: Cimmini's.

Kelsey DeBoard said the couple's final straw came last October when the SEC charged Vick, a Colorado investment adviser, with fraudulently raising $3.2 million from investors using a pooled investment fund she owned, according to the SEC.

The DeBoards reopened their restaurant as Cimmini's within the month.

Vick later agreed to pay back profits made through the fund as well as a civil penalty and interest all totaling more than $1.1 million. As part of her settlement, she'll also been prohibited from acting as an officer or director of any private company, according to SEC.

Pinocchios Incredible Italian appears to have closed its Fort Collins location following claims it failed to pay rent on its Midtown building.
Pinocchios Incredible Italian appears to have closed its Fort Collins location following claims it failed to pay rent on its Midtown building.

Allegations against Pinocchios detailed

In Fort Collins, Apple Colorado LLC alleges Pinocchios Incredible Italian first failed to pay its full rent in December 2019, followed by similar failures from April 1, 2020, through Jan. 1, 2021.

After reaching an agreement to pay back rent in February 2021, the restaurant's account once again became delinquent when the restaurant failed to pay its full rent from July 1, 2021, through the rest of the year. It also failed to pay property taxes as required under its sublease, court documents show.

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Erin Udell reports on news, culture, history and more for the Coloradoan. Contact her at ErinUdell@coloradoan.com. The only way she can keep doing what she does is with your support. If you subscribe, thank you. If not, sign up for a digital subscription to the Coloradoan today.

This article originally appeared on Fort Collins Coloradoan: Fort Collins restaurants: Pinocchios appears closed over unpaid rent