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HomeMy WebLinkAboutLiquor Licensing Authority - Minutes - 08/18/1982LIQUOR LICENSING AUTHORITY Regular Meeting - August 18, 1982 7:30 P.M. A regular meeting of the Liquor Licensing Authority was held on Wednesday, August 18, 1982, in the Council Chambers of the City of Fort Collins Municipal Building. Roll call was answered by the following members: Bujack, Long, Oldham, and Wilson. Boardmembers Absent: Seegmiller Staff Members Present: Debbie Caster, City Clerk's Office Frank Russell, Police Department Pete Ruggiero, City Attorney's Office Minutes of the Regular Meeting of July 21, 1982, Approved as Published Authority member Long made a motion, seconded by Authority member Oldham, to approve the minutes of the regular meeting of July 21, 1982, as pub- lished. The Vice -Chairman put the motion with the following votes: Yeas: Long, Oldham, and Wilson. Abstain: Bujack. Renewal Application for 7-Eleven, 3035 West Prospect Authority member Oldham made a motion, seconded by Authority member Long, to approve the renewal for 7-Eleven, 3035 West Prospect. The Vice -Chairman put the motion to vote which was unanimously adopted. New Application Accepted for a Beer and Wine License for L'Alouette, 334 East Mulberry Authority member Long made a motion, seconded by Authority member Bujack, to accept the application and set the preliminary hearing for September 15, 1982, and the final hearing for October 13, 1982. The Vice -Chairman put the motion which was unanimously adopted. -2- August 18, 1982 Transfer of Ownership Approved for Oriental House. 2900 Harvard Mr. John Aylward, attorney representing the applicant, introduced Mr. David Tak-Hing Tam, applicant. Mr. Aylward stated although Mr. Tam speaks and understands the English language there are times when translation is helpful. Mr. Long, a friend of Mr. Tam, was present to serve as an inter- preter. Mr. Long spoke briefly of Mr. Tam's background. He stated Mr. Tam worked for 10 years in Detroit, Michigan, in a similar restaurant. Even though he did not own the restaurant, he stated Mr. Tam became familiar with the liquor laws. It was pointed out that there were no liquor law violations at the restaurant where he worked in Detroit. The Authority stated their concern with the language barrier and asked that Mr. Tam address his comments directly to the Authority rather than through Mr. Long. Mr. Tam stated he will be responsible for all hiring, training, etc. He stated that Mrs. Long will be his assistant manager who has experience working under the previous management of the Oriental House. Mr. Aylward stated he is in the process of helping Mr. Tam familiarize himself with the Colorado Liquor Code. He stated they have two meetings scheduled within the next few days. Authority member Long stated the Board will not accept the language problem as an excuse should any violations occur at this establishment. Mr. Tam assured the Authority he is familiar with how to check I.D.'s. The Authority suggested tabling the matter until Mr. Tam has completed his study of the Colorado Liquor Code. Mr. Aylward stated that Mr. Tam has a basic understanding of the liquor laws. He pointed out that his assistant manager, Mrs. Long, also has prior experience in the restaurant business. Mr. Aylward also stated that he feels there is no real problem with the language barrier. In addition, Mr. Aylward stated their management agreement expires prior to August 31 and that the prior owner is reluctant to extend this agreement due to the fact that he has started a new restaurant in Wyoming. Mr. Long pointed out that the same staff will work for Mr. Tam that worked for Mr. Yuen under the previous ownership. -3- August 18, 1982 Authority member Bujack made a motion to table the matter until September 15 due to the fact that there is a language barrier and that Mr. Tam is not entirely familiar with the Colorado Liquor Laws at this time. The motion died for lack of a second. Authority member Long made a motion, seconded by Authority member Oldham, to approve the transfer of ownership for the Oriental House, 2900 Harvard, with the understanding that the language barrier will not be an excuse if any violations occur. The Vice -Chairman put the motion with the following votes: Yeas: Long, Oldham, and Wilson. Nays: Bujack. Change in Corporate Structure Approved for Avogadro's Number, 605 South Mason Mr. Robert Osborne, 122 North Mack Street, Fort Collins, Colorado, stated he is president of the corporation for Avogadro's Number. Mr. Osborne stated he has replaced his secretary and treasurer with Mr. Barry Dunn and has two new directors, Mr. Lynn Bird and Mr. Stan Havlick. He added that he continues to hold 100% ownership. Authority member Long made a motion, seconded by Authority member Bujack, to approve the change in corporate structure for Avogadro's Number, 605 South Mason. The Vice -Chairman put the motion which was unanimously adopted. Final Hearing on a Hotel -Restaurant License for Farmer's Table Restaurant, 1035 South Taft Hill Road The Resolution outlining the results of the preliminary hearing was read by title only. Authority member Long made a motion, seconded by Authority member Bujack, to adopt the Resolution as presented. The Chairman put the motion which was unanimously adopted. Mrs. Paulette Schaefer, 2460 Wyandotte Drive, Fort Collins, Colorado, was sworn. She stated she has been in the restaurant business for 15 years and has worked in the liquor business 8 years. -4- August 18, 1982 Mr. Alvin Schaefer, 2460 Wyandotte Drive, Fort Collins, Colorado, was sworn. He stated he has had three years prior experience working with a 3.2% beer license. Applicant's Exhibit 1 was submitted into evidence and identified as peti- tions circulated on behalf of the application. Approximately 600 signa- tures were received. The Schaefers explained that they don't intend to run a bar or lounge and that the liquor license being requested is to compli- ment their menu. On that basis, they stated very few people denied signing the petition. Mrs. Schaefer stated their hours are from 6:00 a.m. to 9:00 p.m. although liquor will not be sold prior to 7:00 a.m. as required by State law. She also spoke of their employee training policies. Applicant's Exhibit 2 was submitted and identified as an exam given to their employees as a test to see how familiar they are with the liquor laws. Mrs. Schaefer explained that all three partners have helped school each other, as well as their employees, of the liguor laws. It was pointed out that the waitresses will serve the liquor and that no one is allowed at the service bar other than employees. Authority member Long made a motion, seconded by Authority member Bujack, to approve a Hotel -Restaurant license for the Farmer's Table Restaurant, 1035 South Taft Hill Road. The Vice -Chairman put the motion which was unanimously adopted. Show/Cause Hearing for Chesterfield, Bottomsley and Potts, 1415 West Elizabeth Mr. Rock Sorenson, attorney representing the licensee, stipulated to the fact that the alleged violation did occur and that the content of the drink was an alcoholic beverage. Authority member Long made a motion, seconded by Authority member Bujack, to determine that a violation did occur at Chesterfield, Bottomsley and Potts, 1415 West Elizabeth. Mr. David Scott Hudson, 5213 Sandstone, Fort Collins, Colorado was sworn and stated he is the manager of Chesterfield, Bottomsley and Potts. He stated he has been employed as the manager since March 1979. Mr. Hudson spoke briefly of his prior experience as bar manager at the Out of Bounds. He stated during his employment at the Out of Bounds he received no viola- tions. In addition, Mr. Hudson pointed out that Chesterfield, Bottomsley and Potts has never received a violation during the 10 years it has been in operation. -5- August 18, 1982 Mr. Hudson stated he was not present at the time the violation occurred. He stated their policy is to have a doorman at the entrance door during busy hours. However, he stated because this was a slow evening, he told the doorman to go home early. At that time, Mr. Hudson explained that all other employees were made aware of the fact that no one was at the door. He went on to explain that a couple entered the restaurant approximately 10:00 p.m. He stated his staff knew the gentleman but not his date. Subsequently, the girl was not carded. Officer Michaelson observed the waitress serve the girl who was later identified as being less that 21 years old. Mr. Hudson then spoke briefly of his policies with respect to checking I.D.'s. He stated a doorman is present during the busy hours and checks everyone's I.D. If a doorman is not present, the waitresses are instructed to check I.D.'s. Also, no one is served from the bar without an I.D. Since the violation, Mr. Hudson stated he has stressed these policies to all employees. In addition, he stated he has instructed his employees to card everyone, including all regular customers. Mr. Hudson stated the management will even make occassional spot checks. In closing, Mr. Hudson stated he has established a bonus policy for any employee who confiscates a false I.D. The bonus is $10 cash. He told the Authority that he is aware of their proximity to the campus area and stated that he feels they take full precautions. Assistant City Attorney Pete Ruggiero stated that the Police Department is recommending a letter of reprimand be issued to the management of Chester- field, Bottomsley and Potts. Authority member Bujack made a motion, seconded by Authority member Oldham, to direct the City Attorney's office to issue a letter of reprimand to Chesterfield, Bottomsley and Potts, 1415 West Elizabeth. The Vice -Chairman put the motion which was unanimously adopted. Show/Cause Hearing for The Northern, 172 North College Avenue Assistant City Attorney Pete Ruggiero called Sergeant Ray Martinez, who was sworn, and stated he is a Sergeant for the Fort Collins Police Department. Sgt. Martinez explained that on May 14, 1982, at approximately 9:00 p.m., he and Cadet Krenning were doing a follow up case on a robbery and con- ducting routine bar checks. lie stated he and Cadet Krenning were dressed in street clothes rather than uniforms. Sgt. Martinez went on to explain -6- August 18, 1982 that upon entering The Northern, the doorman, Mr. Dennis Burr, asked to see identification from both gentlemen. He stated he and Cadet Krenning showed their police credentials. Sgt. Martinez stated that Cadet Krenning did not have a picture I.D. on him and that Mr. Burr did not appear to be satisfied with the identification provided. Sgt. Martinez stated that when he and Cadet Krenning attempted to enter, Mr. Burr grabbed his left arm, blocked their path, and denied them entry. At that time, Sgt. Martinez stated he arrested Mr. Burr and took him to the Police Department. Assistant City Attorney Pete Ruggiero called Cadet Troy Krenning, who was sworn, and stated he is a Cadet with the Fort Collins Police Department. Cadet Krenning explained that on May 14, 1982, at approximately 9:00 p.m., he accompanied Sgt. Ray Martinez on a follow up for a robbery case as well as some routine bar checks. He stated they were both in street clothes. Upon entering The Northern, Cadet Krenning stated that Mr. Burr requested to see I.D. from both of them. Cadet Krenning stated at that time he was 20 years old. After showing Mr. Burr their police credentials, Cadet Krenning stated Mr. Burr denied them entry into the bar area. He stated Sgt. Martinez then placed Mr. Burr under arrest. Cadet Krenning added that he felt that Mr. Burr would have allowed Sgt. Martinez to enter alone but did not want him to enter due to his age. Rock Sorenson, attorney representing the licensee, called Mr. Dennis Burr, who was sworn, and stated his address as 1106 Fuqua, Fort Collins, Color- ado. Mr. Burr stated he has been employed as a doorman at The Northern for the past six months. He stated he is also a licensed real estate broker in Colorado and Wyoming. He added that he has never been arrested prior to this incident. Mr. Burr explained that it is the house policy to welcome officers into the establishment to conduct bar checks. He stated that he has never been approached by officers in street clothes. He went on to say that he asked for an I.D., although it was explained that police were making a bar check. He stated Cadet Krenning was unable to produce a picture I.D. Because Cadet Krenning was a minor, Mr. Burr explained that he was reluctant to let him enter due to the fact that when a doorman is on duty none of the waitresses and bartenders will check for I.D.'s. In addition, Mr. Burr explained that he felt that if he allowed Cadet Krenning to enter he might not be checked for an I.D. and would then be served a drink and a violation would occur. He stated he could not step away from his position to get the manager because he had the cash box which would be left unattended as well as the door, which would not be covered to check I.D.'s. Mr. Burr stated that he felt there was a lack of cooperation on the part of Sgt. Martinez. In addition, Mr. Burr stated at the time he felt he handled the situation adequately but that he realizes now that he did not. 9 -7- August 18, 1982 Mr. Rock Sorenson called Mr. Barry Sternberg, who was sworn, and stated his address as 1527 Mathews, Fort Collins, Colorado. Mr. Sternberg stated he is owner of The Northern and pointed out that no violations have occurred at the establishment since his ownership. Mr. Sternberg stated that prior to buying The Northern he worked for the United States Secret Service for 10 years. Mr. Sternberg stated that it has been their policy conduct bar checks. Since the violation, he stated for the manager to be called when the police enter stated the manager will then escort the police into personnel that the few months ago an bar check and that stated the polices Sternberg stated ii officers in street to allow the police to it is their new policy to make a check. He the bar and notify all Mr. Sternberg stated a officer and a cadet, who was a minor, entered to make a the doorman called his attention to the situation. He ien were allowed entry and no problems occurred. Mr. is his policy for the doormen to check I.D.'s of police clothes but not in uniform. police are conducting a check. Authority member Long made a motion, seconded by Authority member Bujack, to determine that a violation did occur at The Northern, 172 N. College Avenue. It was noted that the specific violation violated Regulation 47-109.1 of the Colorado Liquor Code. Assistant City Attorney Pete Ruggiero stated the Police Department is recommending a one day suspension to be held in abeyance for one year. Authority member Bujack made a motion, seconded by Authority member Long, to direct the City Attorney's office to write a letter of reprimand to the management of The Northern, 172 N. College Avenue. The Vice -Chairman put the motion with the following votes: Yeas: Bujack, Long, and Oldham. Nays: Wilson. Police Report 1) Officer Frank Russell stated that the Colorado Supreme Court has recently made a ruling not to uphold the enforcement of Reg. 47-105.3 which states it is unlawful to have promotions which encourages the consumption of alcohol. Officer Russell stated this relates to the discussion held last month concerning the advertising of "drown night" at The Library and the questions which arose regarding The Electric Stampede. Assistant City Attorney Pete Ruggiero issued the Authority a memo regarding advertising by liquor establishments, a copy of which is being kept of file in the City Clerk's Office. -8- August 18, 1982 2) Officer Frank Russell stated that on August 10, 1982, police were called by the owners of the Laughing Dog Saloon concerning a possible disturbance. Officer Russell stated that while on the call there was an individual present who may have been served while intoxicated. However, because there was not sufficient evidence to prove that the individual was served, Frank stated he has personally contacted Mr. May, co-owner of the bar, regarding the incident and is not asking for a show/cause hearing. He also noted that he issued a letter of concern to the owners. 3) Officer Frank Russell stated he is requesting a show/cause hearing for Upper Crust, 2601 South Lemay Avenue, for a violation which occurred on July 26, 1982, at approximately 12:38 p.m. Authority member Long made a motion, seconded by Authority member Bujack, to schedule a show/cause hearing for Upper Crust, 2601 South Lemay Avenue, on September 15, 1982. The Vice -Chairman put the motion to vote which was unanimously adopted. It was noted that Carlos Seegmiller has submitted his letter of resignation from the Board to be effective at the time City Council makes a new ap- pointment to replace him. Adjournment Authority member Oldham made a motion, seconded by Authority member Bujack, to adjourn. The meeting was adjourned at approximately 10:30 p.m. V ce-C air an _ �: Nl i-'