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HomeMy WebLinkAboutLiquor Licensing Authority - Minutes - 05/26/1982LIQUOR LICENSING AUTHORITY Regular Meeting - May 26, 1982 7:30 P.M. A regular meeting of the Liquor Licensing Authority was held on Wednesday, May 26, 1982, in the Council Chambers of the City of Fort Collins Municipal Building. Roll call was answered by the following members: Buajck, Long, Oldham, Seegmiller, and Wilson. — 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 April 28, 1982, Approved as Published Authority member Long made a motion, seconded by Authority member Bujack, to approve the minutes of the regular meeting of April 28, 1982, as pub- lished. The Chairman put the motion with the following votes: Yeas: Bujack, Long, Oldham, and Seegmiller. Renewal Application for Winston's, 3905 South College Avenue Authority member Bujack made a motion, seconded by Authority member Long, to approve the renewal for Winston's, 3905 South College Avenue. The Chairman put the motion with the following votes: Yeas: Bujack, Long, Oldham, and Seegmiller. Renewal Application for Sportsman Bar, 210 Walnut Authority member Bujack made a motion, seconded by Authority member Long, to approve the renewal for Sportsman Bar, 210 Walnut. The Chairman put the motion with the following votes: Yeas: Bujack, Long, Oldham, and Seegmiller. -2- May 26, 1982 Change in Trade Name for Foothills Discount Liquors, 111 West Monroe Authority member Bujack made a motion, seconded by Authority member Long, to approve the change in trade name from Foothills Discount Liquors to The Bottle Broker, 111 West Monroe. The Chairman put the motion which was unanimously adopted. Change in Trade Name for Pop Shoppe - Campus Exxon, 1331 W. Elizabeth Authority member Bujack made a motion, seconded by Authority member Long, to approve the change in trade name from Pop Shoppe - Campus Exxon to Country Store, 1331 West Elizabeth. The Chairman put the motion which was unanimously adopted. Expansion of Premises for Jefferson Street Station, 200 Jefferson Mr. Rick Zier, attorney representing the applicant, reminded the Board that the patio area was not approved as part of the licensed premises at their final hearing because Union Pacific would not lease the patio area. He stated they now have a 10-year lease on the piece of property. Mr. Zier pointed out that when the petitioning was conducted, a map was included showing the patio area. Therefore, he stated that the neighborhood was notified of the patio area at the time the license was approved. Mr. Zier stated they will be providing a 6-foot high fence with a fire door that can only be used as an exit. He state$ that the patio area will seat 72 in addition to the 180 seats inside the restaurant. Mr. Zier pointed out that the patio area is only a seasonal use. - Written policies and procedures were as evidence. Mr. Zier stated that their employees. presented and entered into the record these policies are used in training Authority member Wilson made a motion, seconded by Authority member Bujack, to determine that the expansion is not substantial. The Authority stated they look upon this as alternative seating rather than additional seating. The Chairman put the motion which was unanimously adopted. Mr. Dave Stwalley, 1151 S. Webb Road, Wichita, KS, was sworn, and explained the death of Mr. Edward Elpers, president of the corporation. He spoke 0 -3- May 26, 1982 briefly of his own background in the restaurant business. Mr. Stwalley stated that the corporation will consist of himslef and Floyd Bergen, the two remaining officers. It was noted that the stock of Mr. Elpers will be divided among the two remaining officers. Mr. Stwalley stated they will be filing papers for approval of the change in corporate structure. It was also noted that a manager will be registered and scheduled before the Board for their approval in the near future. e Extended Hours for Sam's Oldtown Ballroom, 162 Linden No one was present to represent Sam's Old Town Ballroom. Authority member Wilson made a motion, seconded by Authority member Long, to table the matter. The Chairman put the motion which was unanimously adopted. Registration of Manager Washington's Bar and Grill, 132 West Laporte Avenue Mr. W. Brewster Merrill, 132 Pluto Court, was sworn and spoke of his background in the liquor business. Mr. Merrill stated he currently spends approximately 80-90 hours a week at the bar. He also stated there will be no changes in the policies of their business. Authority member Bujack made a motion, seconded by Authority member Long, to approve the registration of manager on W. Brewster Merrill at Washing- ton's Bar and Grill, 132 West Laporte Avenue`. The Chairman put the motion to vote which was unanimously adopted. Preliminary Hearing for a Hotel -Restaurant License for Rooster Cogburn's, 117 Linden The boundaries as proposed by the administration were as follows: North from the subject premises to Hickory Street extended East to Conifer; West from the subject premises to City limits and Shields Street; South from the subject premises to South Drive extended East to University Avenue extended East to E. Elizabeth; East from the subject premises to City limits and Lemay Avenue. -4- May 26, 1982 Mr. Bill Edminston, applicant, stated the boundaries are acceptable. Authority member Long made a motion, seconded by Authority member Bujack, to accept the boundaries as proposed for Rooster Cogburns, 117 Linden. The Chairman put the motion to vote which was unanimously adopted. Final Hearing on a Sper and Wine License for Eli's Soup and Sausage Kitchen, 148 West Oak 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 presented. The Chairman put the motion to vote which was unanimously adopted. Mr. Raymond Hale, attorney representing the applicant for Dave Williams, explained that Eli's was located at 1045 Garfield and held a 3.2% fermented malt beverage license and has recently relocated at 148 West Oak and is applying for a beer and wine license. It was noted that the investigation has been completed satisfactorily. Applicants Exhibits 1-4 were admitted and indentified as petitions which were circulated on behalf of the application. Applicants Exhibit 5 was also admitted and identified as a menu for Eli's Soup and Sausage Kitchen. Mr. David Miller, 3127 South County Road 5, Timnath, CO, was sworn and stated he is part-owner. Mr. Miller briefly spoke of the petitioning process. He stated a total of 1,146 people signed in favor of the applica- tion out of 1,259 people. He stated this represents 80% of the neighbor- hood in favor of the application. It was noted that both employees and residents of the neighborhood signed petitions. Mr. Randy Morgan, part-owner and manager, was sworn and spoke of the floor plan and patio area. Mr. Morgan stated the rail fence around the patio area is 43" tall and that you can only get in and out of the patio area by going through the restaurant. This area seats 28 people. He added that there is a basement that will be used for large luncheons and meetings. This room seats 45-60 people. The total seating capacity is approximately 150. Mr. Morgan stated they have a total of 12 employees all of whom are 21 -5- May 26, 1982 years of age except for one. This person will be busing tables, etc., and not involved in serving beer and wine. The wine and beer will be provided by the glass at the time you go through the line and place your order. However, Mr. Morgan stated some waitress service will be provided. The hours of operation will be from 7:30 a.m. to 8:00 p.m. Authority member Long made a motion, seconded by Authority member Bujack, to approve the Beer and Wine License for Eli's Soup and Sausage Kitchen, 148 West Oak. The Chairman put the motion which was unanimously adopted. Final Hearing on a Beer and Wine License for Savoy Restaurant and Deli, 1232 West Eliabeth C-2 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 presented. Mr. Steven A. Torres, 3501 Boardwalk A-6, Fort Collins, CO, and Mr. Dan E. Spahr, 105 Peterson, Fort Collins, CO, were sworn. Mr. Spahr stated he and Mr. Torres are partners in the business. Mr. Spahr spoke briefly of his restaurant experience prior to going into business for himself. He stated their business is a small delicatessen and catering service. Mr. Spahr stated he worked for a catering service for 6 years during high school ano worked his way up to a management position. Mr. Spahr stated he feels he is familiar with the liquor laws. He went on to explain that although they are in the university area, they hope to attract the business community as opposed to college students. He stated he and his partner will be serving the drinks which will be sold by the glass or bottle. He added that they have obtained the ID guide book and feel comfortable with checking ID's. Mr. Spahr emphasized they are requesting the beer and wine license to compliment their menu as opposed to advertis- ing the fact to draw a crowd. Mr. Steve Torres stated they have a small patio area that has 4 tables and 16 seats. He stated they are proposing to place a 4-foot picket type fence around the area. The total seating capacity is 44 seats. The hours of operation are from 10:30 a.m. to 11 p.m. Mr. Torres stated they are not open as late during the summer. Applicant's Exhibit 1 was admitted into evidence and identified as peti- tions which were circulated on behalf of the application. Applicant's -6- May 26, 1982 Exhibits 2 and 3 were admitted and identified as menus for the restaurant and catering service. Mr. Spahr stated he and his wife circulated peti- tions among the businesses and that he petitioned the neighborhood himself. In addition, he stated several signatures were received in the restaurant. A total of 170 signatures were submitted. He stated the response from the people he talked to about the beer and wine license was very favorable. Officer Frank Russell stated the fingerprints are back from the CBI and are clear. Authroity member Bujack made a motion, seconded by Authority member Wilson, to approve a Beer and Wine license for Savoy Restaurant and Deli, 1232 West Elizabeth C-2. The Chairman put the motion with the following votes: Yeas: Bujack, Oldham, Seegmiller and Wilson. Nays: Long. Show/Cause Hearing for Sam's Old Town Ballroom, 162 Linden Assistant City Attorney Pete Ruggiero stated there is some question as to whether Mr. Ackerman received the letter. He suggested the Authority make a motion to continue the matter to another date. Authority member Bujack made a motion, seconded by Authrity member Wilson to table the matter to June 23, 1982, and that the licensee be renotified. The Chiarman put the motion which was unanimously adopted. Ir Other Business A. The Library, 1220 West Elizabeth. The Authority stated their concern with several unreported disturbances at The Library. Mr. Mike Sitzman stated he has met with Officer Frank Russell. Since that time, he stated he has talked with his employees about procedures and has instructed them to call the Police Department when there are disturbances. Mr. Sitzman stated he is also concerned and wants to work with the Police Department. • -7- Final Resolution on a Beer and Wine License for Eli's Soup and Sausage Kitchen, 148 West Oak The Resolution was read by title only. May 26, 1982 Authority member Long made a motion, seconded by Authority member Bujack, to adopt the Resolution as presented. The Chairman put the motion which w%s unanimously adopted. Final Hearing on a Hotel -Restaurant License for Gabby's Restaurant and Coffee Shop, 746 North Colleqe Avenue 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. Police Report Officer Frank Russell recommended a formal show/cause hearing be scheduled for Paul's Pizza, 1301 West Elizabeth, for a violation which occurred on May 10, 1982. Authority member Bujack made a motion, seconded by Authority member Wilson, to schedule a show/cause hearing foil Paul's Pizza, 1301 West Elizabeth, on June 23, 1982. The Chairman put the motion to vote which was unanimously adopted. Officer Frank Russell recommended a formal show/cause hearing be scheduled for Johnny's Liquors, 111 West Prospect, for a violation which occurred on May 3, 1982. Authority member Bujack made a motion, seconded by Authority member Wilson, to schedule a show/cause hearing for Johnny's Liquors, 111 West Prospect, on July 21, 1982. The Chairman put the motion to vote which was unanimously adopted. Officer Frank Russell recommended a formal show/cause hearing be scheduled for The Northern, 172 North College Avenue, for a violation which occurred on May 14, 1982. IF-12 May 26, 1982 Authority member Bujack made a motion, seconded by Authority member Wilson, to schedule a show/cause hearing for The Northern, 172 North College Avenue, on July 21, 1982. The Chairman put the motion to vote which was unanimously adopted. Officer Frank Russell stated that the Authority ordered Mr. Dick Fitz- gerald to submit fingerprints and new applications for a complete back- ground investigation. Officer Russell informed the Board that all of this has not yet been filed. Also, Officer Russell reported that Mr. Fitzgerald is in arrears on City and State sales tax. The Authority decided to take no action at this time. Officer Russell stated James Lee of Lee's Pantry, 800 North College Avenue, no longer owns the store and that the new owner has not yet filed for a transfer. Frank explained that there are culture differences and because of this there may be some confusion. Several attempts have been made to explain the requirements for a transfer but, to this date, nothing has been filed. The Authority directed staff to write a letter to Lee's Pantry and invite the owners to attend the hearing on June 23, 1982, unless everything is re- ceived and in file prior to that date. Officer Russell stated for the Board's information that several liquor establishments are competing with prices by offering numerous promotions such as 2 for 1 drinks, 3 for 1 drinks, etc. He stated that he has talked to these establishments and has asked them to get together among themselves and come up with a voluntary solution to reduce the number of drinks being offered. It was noted that the Police Department can take action on the grounds that establishments cannot unduly promote intoxication. Frank stated that they will not take any -action at this time in the hopes that the establishments will solve the problem themselves. Pr Adjournment Authority member Bujack made a motion, seconded by Authority member Long, to adjourn. The Chairman put the motion to vote which was unanimously adopted. The meeting was adjourned at approxi retary