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HomeMy WebLinkAboutLiquor Licensing Authority - Minutes - 10/28/1981Liquor Licensing Authority Special Meeting October 28, 1981 7:30 p.m. A regular meeting of the Liquor Licensing Authority of the City of Fort Collins was held Wednesday, October 28, 1981, at 7:30 p.m. in the Council Chambers of the City of Fort Collins Municipal Building. Present: Authority members Bujack, Long, Seegmiller, Oldham, Wilson Staff: Greg Denton, Assitant City Attorney Wanda Krajicek, City Clerk Ken Kirchhoff, Police Department Show/Cause Hearing, Armadillo Restaurant, 354 Walnut, one day suspension levied. Rock Sorenson, attorney representing the Armadillo Restaurant, stipulated that the sale did occur and that it was made to Douglas Beck and Lilly Tellez.and.also to'. the alcoholic content of the liquid in question Assistant City Attorney Denton called Douglas Beck, 1730 Whedbee, who was sworn before testifying to the facts of the incident occurring September 11, 1981. He noted that he and Lilly Tellez had entered the Armadillo and ordered margaritas. but that no ID was requested from them. .He noted his date of birth was 12/2/60. Assistant City Attorney Denton next called Lilly Tellez, 1004 No. Mason, who re- peated that no ID was requested from them. Her date of birth was 1/3/61. Mr. Denton then called Fort Collins Police Detective Ray Martinez, who testified that the bartender, Steven Craig Brader, had admitted to him that he had not checked the ID's of the two young people. Mr. Sorenson called Joseph R. Nydegger, 1427 No. Taft Hill Rd., the bar and night manager of the Armadillo. He noted.he was in charge of the training of waiting personnel and explained the Armadillo's policies on ID checking. He added that new policies had been implemented since the incident of Sept. 11 and read them into the record. He stated that it was their intent to prosecute minors who attempt to buy liquor and that it was now automatic termination for an employee who does not card a customer under the age of 35. Mr. Sorenson asked the Authority to consider the absence of prior problems and the changes in policy with regard to training, termination and prosecution of those minors who attempt to purchase liquor. Mr. Denton stated that the Police Dept. felt that a sternly worded letter of repri- mand would be appropriate in this instance. Authority Member Bujack made a motion, seconded by Authority member Long that a violation did occur at the Armadillo Restaurant on September 11, 1981. The Chairman put the motion which was unanimously adopted. Authority Member Bujack made a motion, seconded by Authority Member Oldham, to direct the City Attorney to write a sternly worded letter of reprimand to the owners of the Armadillo Restaurant, 354 Walnut. a wI+u I ---, _J_l The Chairman put the mot..,n which resulted in the following vote: Yeas: Bujack and Oldham Nays: Long, Seegmiller, and Wilson THE MOTION FAILED Authority Member Long made a motion, seconded by Authority Member Wilson, that the penalty be a one -day suspension to be served at the convenience of the licensee and that the premises be posted. The Chairman put the motion which resulted in the following vote: Yeas: Seegmiller, Wilson, and Long Nays: Bujack and Oldham THE MOTION CARRIED Show/Cause Hearing for Albertson's Market, 3660 So. Mason, one -day suspension levied. Rock Sorenson, attorney for Albertson's stipulated that a sale of 3.2% fermented beverages did occur on September 11, 1981 to Angie Creager. Assistant City Attorney Denton called Angie Creager as his first witness. Ms. Creager testified that she had purchased a six-pak of 3.2% beer at Albertson's on Sept. 11 and that no ID had been requested. She noted her date of birth was 7/30/64. Mr. Denton next called Officer Dave Wilson, Fort Collins Police Dept. who identified the clerk at Albertson's as David Freeman. Mr. Denton introduced the City's exhibit #1 into evidence, which was a letter from the General Manager of Albertson's relating to the incident. Mr. Sorenson noted that he had no objection to this exhibit. Mr. Sorenson then called John Pultz, 301 Starboard Ct., the store manager at this location who testified relative to his experience as a manager and his function as the training officer. He explained the training procedures for all employees and added that additional efforts to oversee the sale of 3.2% beer have been implemented since the incident in that they had added an extra person to be available to guide the cashiers. He noted that Mr. Freeman had received a 7-day suspension without pay as a result of this incident. Authority Member Bujack made a motion, seconded by Authority Member Long, that a violation did occur at Albertson's Market, 3660 So. Mason on September 11, 1981. The Chairman put the motion which was unanimously adopted. Mr. Denton stated the Police Dept. recommendation was for a sternly worded letter of reprimand in light of the fact there had been no violations since the license issued in January of 1981. Authority Member Long made a motion, seconded by Authority Member Bujack, that the penalty be a one -day suspension to be served at the convenience of the licensee and that the premises be posted. The Chairman put the motion which resulted in the following vote: - 2 - October 28, 1981 Yeas: Bujack and Lon • Nays: Seegmiller, Oldham and Wilson THE MOTION FAILED Authority Member Wilson made a motion, seconded by Authority Member Oldham, to direct the City Attorney to write a sternly worded letter of reprimand to the owners of Albertson's Market, 3660 So. Mason. The Chairman put the motion which resulted in the following vote: Yeas: Oldham and Wilson Nays: Bujack, Long and Seegmiller THE MOTION FAILED Chairman Seegmiller recalled Mr. Pultz and questioned him relative to the new procedures that had been instituted since the incident. He stated that the next violation for Mr. Freeman would result in his termination and that others would receive a 7-day suspension without pay for a first offense. Authority Member Long made a motion, seconded by Authority Member Bujack, that the penalty be a one -day suspension to be served at the convenience of the licensee and that the premises be posted. The Chairman put the motion which resulted in the following vote: Yeas: Bujack, Long, Seegmiller and Wilson Nays: Oldham THE MOTION CARRIED Show/Cause Hearing for Moote House Restaurant, 2626 So. College Ave., tabled to later date. Rock Sorenson, attorney representing the Moote House, requested the show/cause hearing for Moote House be tabled until a later date because his clients are un- available at this time. Authority Member Bujack made a motion, seconded by Authority Member Oldham, to reschedule the show/cause hearing for the Moote House Restaurant, 2626 So. College Ave., to a later date. The Chairman put the motion which was unanimously adopted. Show/Cause Hearing, North College Liquors, 814 North College Avenue - 3 day suspension levied Ramsey Myatt, attorney representing North College Liquors, stipulated to the fact that the liquid was vinous liquor under the definition of that term. Assistant City Attorney Greg Denton called Douglas Beck, 1730 Whedbee, who testified as to his involvement in the incident occuring on September 11, 1981. He indicated that he and Tom Reznik had entered the store and asked the owner to recommend a wine to accompany a shrimp dinner. He identified Michael Bilys, sitting in the audience as the person who had sold the wine to him and noted that he had not been asked for ID. - 3 - vLIv- -, _-, `-- Mr. Denton then called lom Reznik, police cadet for the City of Fort Collins, who testified as to his involvement in the incident and noted that his date of birth was 5/19/62. Mr. Denton next called Ray Martinez, police detective for the City of Fort Collins, who noted that he had issued a citation to Michael Bilys and added that the purchase had been made with marked currency which had been recovered from the cash register at North College Liquors. Authority Member Wilson made a motion, seconded by Authority Member Oldham, that a violation did occur at North College Liquors on Sept. 11. The Chairman put the motion which was unanimously adopted. Mr. Denton stated that the Police Dept. recommendation was for a suspension, the duration to be at the discretion of the Authority. Mr. Myatt explained the circumstances of the previous violation occurring in April of 1979. He then called Michael Bilys, 1104 Remington owner and manager of North College Liquors. Mr. Bilys testified that he had owned the establishment 11 years and 6 months and explained his duties and the duties of his wife and son at the store. He detailed the events of Sept. 11 and admitted that he had not asked for ID from the two young men. He noted that he had changed that policy and now checks all persons who appear to be under 30. Chairman Seegmiller asked what financial impact a suspension would have on Mr. Bilys' business. Mr. Bilys replied that he grossed approximately $360/day on a week day and that he would lose customers by being closed. Authority Member Bujack made a motion to suspend the license for two consecutive days to be served within 30 days and that the premises be posted. The motion died for lack of a second. Authority Member Long made a motion seconded by Authority Member Oldham, to suspend the license for three consecutive days to be served at the convenience of the licensee and that the premises be posted. The Chairman put the motion which resulted in the following vote: Yeas: Bujack, Long and Oldham Nays: Wilson and Seegmiller THE MOTION CARRIED Show/Cause Hearing, Foothills Discount Liquors, 111 West Monroe - letter of reprimand directed. Rock Sorenson, attorney for Foothills Discount Liquors, stipulated that the sale made was 6% beer and that it was a 6-pak of Budweiser sold to Dan Swartz. Assistant City Attorney Greg Denton called Dan Swartz, 2623 Ferndale, as his first witness. Mr. Swartz detailed the events of the incident occuring on September 11, 1981, noting that he had not been asked for ID and that he had paid for the purchase with marked currency. He stated his date of birth was 7/9/62. - 4 - Vl. 6V UC1 LO j- 1JV1 --- Mr. Denton then cal 0 Officer Dan Wilson, Fort Coll* Police Dept. who noted he had issued a citation to James Pollard, the clerk on duty, and that he had recovered the marked money from the cash register. Authority Member Bujack made a motion, seconded by Authority Member Long that a violation did occur on September 11 at Foothills Discount Liquors, 111 West Monroe. The Chairman put the motion which was unanimously adopted. Mr. Sorenson called Lenora Hunt, 125 Dartmouth Tr. who noted she was employed as the night manager at the store. She explained their ID checking policy and noted she was the manager on duty when the sale was made. Mr. Sorenson next called Harry Nix, 704 Oxford Ln., owner of the store, who testified there had been no previous violations and further explained their ID checking policies and read the policies posted at the store. He noted the clerk, James Pollard, had been terminated and explained the training procedures for new hires. He added that he was President of the newly formed Northern Colorado Retailers Assoc., which had been formed as a support group to the retailers. He estimated his gross sales at the store were $750,000 or approximately $1,200 to 3,000/day. He added that Mr. Pollard had only worked for him two and one-half weeks. Mr. Denton stated the Police Dept. recommendation was for a sternly worded letter of reprimand. Authority Member Bujack made a motion, seconded by Authority Member Oldham, to direct the City Attorney to write a sternly worded letter of reprimand to the owners of Foothills Discount Liquors, 111 West Monroe. The Chairman put the motion which re- sulted in the following vote: Yeas: Bujack, Long, Oldham and Wilson Nays: Seegmiller THE MOTION CARRED. Show/Cause Hearing, Monte Carlo Lanes, 830 North College Ave., - letter of reprimand directed. Assistant City Attorney Denton called Tom Reznik, police cadet, who noted his date of birth was 5/19/62. He explained the details of the purchase at Monte Carlo Lanes and noted that he had been accompanied by Lilly Tellez. He added that Ms. Tellez had paid for the beer they had ordered with marked currency and that no ID's had been requested. Mr. Denton then called Lilly Tellez, 1004 No. Mason, who stated her date of birth was 1/3/61. Ms. Tellez explained her involvment in the incident and again stated that they had not been asked to produce any identification. Mr. Denton next called Ray Martinez, police detective, City of Fort Collins, who noted he had issued a citation to Marsha Ann White, the bartender, for the sale of 6% beer to Reznik and Tellez. Officer Ken Kirchhoff, Fort Collins Police Dept., read the report from Northern Colo. Diagnostic Labs which stated the content of the liquid analyzed was 5.2% ethyl alcohol. - 5 - UCCUUer Lo, i7oi Authority Member Bujack made a motion, seconded by Authority Member Long that a violation did occur at Monte Carlo Lanes, 830 No. College Ave., on September 11, 1981. The Chairman put the motion which was unanimously adopted. Secretary's note: Authority Member Oldham asked the record to show she did not vote or participate in the discussion of this item due to a potential conflict of interest. Rita Dayton, 2113 Kirkwood, owner of the establishment, explained the changes that had been made to the training program and noted they had not had any violations in 7 years of operation. She added that Ms. White had been reprimanded and that she had been a conscientious employee for 1; years. She further added that since the incident all employees had been required to sign a statement stating that they understood the policies with regard to the checking of ID's. She explained the new training measures implemented since the violation and added that another offense by Ms. White would call for automatic termination. Authority Member Bujack made a motion to direct the City Attorney to write a sternly worded letter of reprimand to the owners of Monte Carlo Lanes. The motion died for lack of a second. Ms. Dayton asked Crawford Morgan, 2214 Primrose Dr. manager of the lounge, to explain his management philosophies and the duties of the bar and waiting personnel. Authority Member Bujack made a motion, seconded by Authority Member Wilson, to direct the City Attorney to write a sternly worded letter of reprimand to the owners of Monte Carlo Lanes, 830 No. College Ave. The Chairman put the motion which re- sulted in the following vote: Yeas: Bujack, Long and Wilson Nays: Seegmiller (Oldham withdrawn) THE MOTION CARRIED. Show/Cause Hearing, Big Cheese Pizza 2635 So. College Avenue - one -day suspension levied. Rock Sorenson, attorney for Big Cheese Pizza, stipulated that the sale had occured and the liquid in question was 3.2% fermented malt beverage. Assistant City Attorney Denton called Melissa Krenning, 1828 3rd St. SW, Loveland, CO as his first witness. Ms. Krenning stated her date of birth was 11/30/63. She explained the instructions she had received prior to the purchase and noted she had paid for the beer with marked currency. She added that she had been accompanied by Susan Charvat and that no ID had been requested. Mr. Denton next called Susan Charvat, 317 No: Pearl, who stated that she was 20 years old at the time of the purchase of the pitcher of beer. Ms. Charvat noted that she and Ms. Krenning had entered the establishment after a group of two young men had been refused service by the clerk. October 28, 1981 Mr. Sorenson questioned• why attempts group had been refused service. had been made byko groups when the first Mr. Denton called Officer Gilbert Tellez, Fort Collins Police Dept. who noted he had issued a citation to Teresa Scott, an employee of Big Cheese Pizza, for the sale to Ms. Krenning and Charvat. He noted that since the first attempt had failed he had directed the next group (Charvat and Krenning) to try to purchase the beer. Mr. Sorenson called Teresa Scott, 1301 Village Lane, who noted she had been an employee of Big Cheese Pizza for 3k months. She explained the training program noting that she had received 2-3 weeks of close supervision and added that she was now the assistant manager of the establishment. She explained the ID checking policies prior to the incident and the changes made since, adding that she expected to be terminated if another violation occured. She added that she had been identified by one of the young men to whom she had refused service and that when she had asked to see the young lady the officer alleged she had sold the beer to, she had been refused. Mr. Sorenson next called John Bennie, 1301 Village Lane, the area manager, who noted he was also a member of Pizza Corp. of the Rockies the owner of three stores - one each in Fort Collins, Cheyenne and Loveland. He stated he was the area manager of these three stores with assistant managers in each of the three stores. He explained the training and testing procedure and noted the training manual was tailored to Colorado laws. Mr. Denton called Troy Krenning, 3501 So. Stover, who explained his part in the previous attempt to buy, noting that he had been accompanied by Wes Kufeld. He added that they had not been successful but that Mr. Kufeld had placed an order, had been asked for an ID, and when he could not produce one, had been refused service. Authority Member Long made a motion, seconded by Authority Member Bujack that a violation had occured on September 11 at Big Cheese Pizza, 2635 So. College Ave. The Chairman put the motion which was unanimously adopted. Mr. Sorenson asked the Authority to consider the fact that Big Cheese Pizza had showed good faith in attempting to check the ID's of Troy Krenning and Wes Kufeld and refusing them service. Mr. Denton stated that the recommendation of the Police Dept. was for a letter of reprimand. Authority Member Wilson made a motion, seconded by Authority Member Long, that the penalty be a one -day suspension to be served within 30 days and that the premises be posted. The Chairman put the motion which resulted in the following vote: Yeas: Long, Seegmiller and Wilson Nays: Bujack and Oldham THE MOTION CARRIED. The meeting adjourned at 11:40 p.m. Chairman Secretary