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HomeMy WebLinkAboutLiquor Licensing Authority - Minutes - 03/31/1982LIQUOR LICENSING AUTHORITY Regular Meeting March 31, 1982 7:30 P. M. A regular meeting of the Liquor Licensing Authority was held on Wednesday, March 31, 1982, in the Council Chambers of the City of Fort Collins Muni- cipal Building. Roll call was answered by the following members: Bujack, Long, and Seegmiller. Authority members Absent: Oldham and Wilson. Staff Members Present: Debbie Caster, City Clerk's Office Ken Kirchhoff, Police Department Gregory Denton, City Attorney's Office Minutes of the Regular Meeting of March 3, 1982, Approved as Published Authority member Bujack made a motion, seconded by Authority member Long, to approve the minutes of the regular meeting of March 3, 1982, as pub- lished. The Chairman put the motion which was unanimously adopted. Expansion of Premises Out to Lunch, 420 South Howes Street Mr. Rodney Hawes and Mr. David May were sworn. Mr. Hawes presented their plans with the proposed 4-foot fence for their outdoor dining, which was marked as Applicant's Exhibit 1. He stated that this expansion will increase the seating capacity by 30 seats. Mr. Hawes stated this is less than 1/3 of their total seating capacity. Authority member Bujack made a motion, seconded by Authority member Long, to determine that the expansion is not substantial. The Chairman put the motion which was unanimously adopted. Authority member Bujack made a motion, seconded by Authority member Long, to approve the expansion of premises for Out to Lunch, 420 South Howes. The Chairman put the motion which was unanimously adopted. -2- Special Events Permit for May 21, 1982 (Liquor) for Rotary Club of Fort Collins March 31, 1982 Col. Sheldon Godkin, 908 Seminole Drive, Fort Collins, CO, was sworn and stated the Rotary Club is planning a charity event on May 21, 1982 at the Lory Student Center at CSU. He stated he has hired bartenders from the Out of Bounds to mix and serve drinks. Col. Godkin stated people from the club working the bar area have been informed of the liquor laws and how to properly check for ID's. He stated that there will only be one entrance for the purpose of checking ID's at the door. He explained that if anyone looks under 21 years of age, the bartenders are instructed to ask for an ID. It was noted that the CSU Police will be notified of this event. Authority member Long made a motion, to approve the issuance of a Special Club of Fort Collins on May 21, 1982. seconded by Authority member Bujack, Events Permit for Liquor for Rotary The Chairman put the motion which was unanimously adopted. Special Events Permit for May 8, 1982 (3.2%) for Fort Town Mr. Steve Ackerman, owner of Sam's Old Town Ballroom, was sworn, and stated that Fort Town is applying for a 3.2% special events permit for the Old Town Street Fair on May 8, 1982. He stated the event is planned to take place at the vacant lot on the corner of Walnut and Linden (next to Black's Glass). Old Town Associates have given their permission to use the lot. Steve explained that the premises will be roped off and that consumption of beer will only be allowed within the roped off area. In regard to secur- ity, Steve stated ID's will be checked at the time beer is purchased. He stated people working the bar will be informed of the Colorado beer laws. He added someone will be responsible for making sure no one leaves the area with beer or that beer is given to minors. Steve stated he intends for the event to be a family -oriented event. Authority member Bujack made a motion, seconded by Authority member Long, to approve the issuance of a Special Events Permit for 3.2% Beer for Fort Town on May 8, 1982 or May 15, 1982, as an alternate date. The permit is not approved for both days. The Chairman put the motion which was unanimously adopted. Transfer of Ownership Approved for The Northern, 172 North College Avenue (Tabled from March 3, 1982) Mr. Barry Sternberg, part owner, was sworn, and stated he and his partner no longer feel comfortable in adding Mr. Starke's name to the license 11 -3- March 31, 1982 because Mr. Starke is currently involved in litigation with the building. He stated perhaps at a later date Mr. Starke's name could be added. Authority member Bujack made a motion, seconded by Authority member Long, to approve the transfer of the Hotel -Restaurant license from William P. Starke to Northern Concepts, Inc. The Chairman put the motion which was unanimously adopted. Transfer of Ownership Approved for Ace Liquors, 200 East Mountain Mr. Tom Metcalf, attorney representing the applicant, introduced Mr. Bryan Lee. Mr. Bryan Young Lee was sworn and stated he entered into a contract to purchase Ace Liquors on March 11, 1982. He stated Mr. Chung, the previous owner, has been training him but that Mr. Chung no longer has any ownership in the business. Mr. Lee then spoke briefly of his background. It was noted that he has held a 3.2% beer license in Evans, Colorado, for the last 8 months and has never received a violation. Mr. Lee stated that he intends to employ some of the employees who worked for Vincent Chung. Mr. Lee told the Authority he is aware of the violations during Mr. Chung's ownership and that to his knowledge these employees were never cited with violations. He stated all employees have been trained in the liquor laws of Colorado. Mr. Lee spoke briefly of the financial arrangements between Mr. Chung and himself. It was noted that Mr. Chung will not have any involvement in the day to day operations of the business and that the license cannot be automatically transferred back to Mr. Chung without a hearing before the Authority. Authority member Long made a motion, to approve the transfer of the retail Bryan Young Lee. seconded by Authority member Bujack, liquor license from Vincent Chung to The Chairman put the motion which was unanimously adopted. Transfer of Ownership for Goode Taste Crepe Shoppe, 400 East Olive Tabled to Aoril 28. 1982 Mr. Mark Massey, 4524 Skyline Drive, Fort Collins, Colorado, was sworn and stated he is the president of the Greatest Crepe Corporation and general manager. He stated no changes are proposed in the operation of the res- taurant at this time. Mr. Massey spoke briefly of his background which included management experience. He stated he has worked in restaurants with liquor licenses and stated he feels he is very familiar with the liquor laws of Colorado. Mr. Massey then spoke briefly of the financing for the restaurant. -4- March 31, 1982 It was pointed out that a reply from CBI on the fingerprints has not yet been received. Mr. Massey requested that the Authority conditionally approve the transfer on the basis that he and his partner are of good moral character. Officer Kirchhoff stated that his report is completed on the two indivi- duals for this transfer and pending the Police Chief's review. He added that fingerprints have been mailed to the CBI but have not been received back. Authority member Bujack made a motion, seconded by Authority member Long, to approve the transfer of ownership contingent upon a favorable report from the CBI and the Fort Collins Police Department which will be reviewed by the Authority at the April 28 hearing. It was noted that nothing shall be forwarded to the state on this application until after the hearing on April 28, 1982. The Chairman put the motion which was unanimously adopted. New Application Accepted for a Beer and Wine License for Rodchesters, 311 South College Aven The application was withdrawn by the applicant. New Application Accepted for a Beer and Wine License for Savoy Restaurant and Deli, 1232 West Elizabeth, C-2 Authority member Long made a motion, seconded by Authority member Bujack, to accept the application and set the preliminary hearing for April 28, 1982, and the final hearing for May 26, 1982. The Chairman put the motion which was unanimously adopted. Preliminary Hearing for a Hotel -Restaurant License for Eli's Soup and Sausage Kitchen, 148 West Oak The boundaries as proposed by the administration were as follows: North from the subject premises to East Vine extended west to Shields Street West from the subject premises to Shields Street South from the subject premises to Pitkin Street East from the subject premises to Lemay Avenue Mr. Randy Morgan, partner, stated the boundaries are acceptable. 9 -5- March 31, 1982 Authority member Long made a motion, seconded by Authority member Bujack, to accept the boundaries as proposed for Eli's Soup and Sausage Kitchen, 148 West Oak. The Chairman put the motion which was unanimously adopted. Preliminary Hearing for a Hotel -Restaurant License for Gabby's Restaurant & Coffee Shop, 746 North College Avenue The boundaries as proposed by the administration were as follows: North from the subject premises to city limits West from the subject premises to city limits and Shields Street South from the subject premises to Mulberry Street East from the subject premises to city limits and Lemay Avenue Mr. Joseph Bidula, partner, stated the boundaries are acceptable. Authority member Long made a motion, seconded by Authority member Bujack, to accept the boundaries as proposed for Gabby's Restaurant, 746 North College Avenue. The Chairman put the motion which was unanimously adopted. Final Hearing on a Hotel -Restaurant License Pelican's, 3620 South Mason (Tabled from March 3. 1982) Assistant City Attorney Greg Denton stated the applicant's will be filing under a new corporate name and that the application should be approved contingent upon receiving all required corporate documents. In addition, a Resolution has been drafted up (marked "B") to restrict Pelican's from using the trade name Pelican's. Greg recommended that this Resolution be adopted. Mr. David Williams, attorney representing the applicant, stated that his clients for Pelican's have agreed not to use the name "Pelican's" in any way or form. Mr. Williams added that he will submit a letter supplying all the information for the new corporation the license is to be held in, which he stated will be Restrock, Inc. Authority member Bujack made a motion, seconded by Authority member Long, to approve the license under the findings and fact and restrictions contained in the Final Resolution. (Note: The Final Resolution was approved at this point in the meeting.) -6- March 31, 1982 The Chairman put the motion which was unanimously adopted. Final Hearing on a Hotel -Restaurant License for Bennigan's, 2203 South College Avenue 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. Mr. Lane Earnest stated he is the attorney representing the applicant. Mr. Jay Towers, 16919 East Barry Avenue, Aurora, Colorado, was sworn and stated he is the District Manager with Bennigan's Restaurants. Mr. Towers explained that Bennigan's is a subsidiary of Steak and Ale, Inc. Mr. Towers then spoke of his background in which he stated he is a graduate of Florida State Hotel and Restaurant School. He has been employed with Bennigan's in management positions for the past 7 years. Mr. Towers stated the restaurant offers an informal restaurant suited for all ages. He explained that they have written policies and procedures in which all employees are made familiar with. He stated that after 9 p.m. everyone is carded at the door and no one under the age of 21 is admitted. In addition, he stated that after 9 p.m. only one drink is served per person in order to avoid people of age buying more than one drink to give to minors. He added that four copies of the licensing guides (for ID's) are on the premises at all times. Mr. Towers stated that construction of the building has not yet started. The tentative opening date is August or September of 1982. At that time, Mr. Towers stated a manager will be hired, trained and registered as the manager before the Liquor Licensing Authority. Exhibits 3, 4, and 5 were submitted. Applicant's Exhibit 3 was identified as pictures of the interior of the restaurant. It was noted that the seating capacity will be approximately 200. Applicant's Exhibit 4 was identified as a floor plan of the restaurant. Exhibit 5 was identified as the menu for Bennigan's. Mr. Ron Cushing, 1604 Wagontongue Court, Fort Collins, Colorado, was sworn and spoke briefly of his background in the restaurant business. Mr. Cushing stated he has worked for the Out of Bounds Restaurant for the past 7 years. He explained that he worked as cook and kitchen manager prior to becoming assistant manager of the restaurant. Currently, Mr. Cushing stated he is an assistant manager in training for Bennigan's. In closing, 9 -7- March 31, 1982 Mr. Cushing stated he conducted a small informal survey of other outlets in the neighborhood. He stated the other restaurants in the area do not provide services similar to Bennigan's. Mr. Max Scott was sworn, and stated he is the president of Oedipus, Inc., a surveying firm in Boulder. Applicant's Exhibit 1 was submitted and iden- tified as 7 packets of petitions. Applicant's Exhibit 2 was submitted and identified as a report outlining the results of the survey. Mr. Scott summarized that 86% of the neighborhood felt their needs were currently not being met and favored the issuance of a Hotel -Restaurant license. Mr. Scott then spoke briefly of the report. It was noted that fingerprints have not yet been submitted. Assistant City Attorney Greg Denton suggested that the Authority table the matter to April 28 at the time the Final Resolution is considered. Authority member Bujack made a motion, seconded by Authority member Long, to table the matter for consideration along with the Final Resolution at the April 28, 1982 meeting. The Chairman put the motion which was unanimously adopted. Final Hearing on a Hotel -Restaurant License for Kelly's Bar, 1801_North College Avenue 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. Mr. Roy Wittstruck, attorney representing the applicant, called Mr. Ka- mandy. Mr. Kahlil Kamandy, 3508 Swan Lane, Fort Collins, Colorado, was sworn, and spoke of his background. Mr. Kamandy stated he is owner of The Green Turtle Cafe, which holds a Hotel -Restaurant license. He added that in the six years he has operated the Green Turtle, he has not received any liquor violations. In addition, Mr. Kamandy stated he is the owner of the Ever Open Cafe. He stated he has operated the business for two years. He explained that his proposed operation will be a restaurant and bar. He stated he trains all of his employees of the restaurant policies and liquor laws. He added that some of his employees at Kelly's Bar have previous experience in the restaurant and liquor business. Applicant's Exhibit 1 was submitted and identified as a petition which was circulated in the downtown area. Mr. Kamandy stated he personally circu- lated the petition. It was noted that a total of 64 signatures were -8- March 31, 1982 obtained on this petition. Mr. Kamandy stated approximately 3 people contacted were opposed to signing the petition. Assistant City Attorney Greg Denton ruled this exhibit as admissible. Applicant's Exhibit 2 was submitted and identified as a petition which was on the counter at the Ever Open Cafe. It was noted that customers of the cafe signed the petition at the cashier's counter. It was also noted that some signatures on this petition are people who do not reside in the defined neighborhood. Mr. Kamandy stated he witnessed approximately 80% of the signatures contained on the petition. Assistant City Attorney Greg Denton stated Exhibit 2 would not be admissible on the basis that some signatures obtained are from outside the neighborhood and due to the fact that not all signatures were witnessed. The Authority decided to review the petitions to determine whether the petitions should be admitted. Upon their review, the Authority determined that the petitions were not admissible. Mr. Kamandy stated that no other restaurants in the area offer similar services as proposed by Kelly's Bar. He then spoke briefly of the menu and the floor plan. He stated approximately 100 people can sit in the res- taurant. Financing for the restaurant was also discussed. Mrs. Pat Stouffer, 2218 W. Stuart, Fort Collins, Colorado, was sworn and stated she is an employee of Mr. Kamandy at the Ever Open Cafe. Appli- cant's Exhibit 3 was submitted. Mrs. Stouffer identified the exhibit as 5 pages of petitions in which she circulated within the neighborhood area. She stated approximately 130 signatures were obtained and only one person opposed signing the petition. Mrs. Stouffer stated she witnessed each signature. Assistant City Attorney Greg Denton stated Exhibit 3 is admis- sible. The Authority questioned Mrs. Stouffer in regards to Exhibit 3. It was then brought out that some signatures were obtained from going door to door and some were obtained at the cafe. Assistant City Attorney Greg Denton asked that each page of Exhibit 3 be marked separately and then questioned Mrs. Stouffer on each page. Mrs. Stouffer stated applicant's Exhibit 3 was circulated among the neighborhood and at the Ever Open Cafe. She stated she did not witness each signature. Greg ruled this exhibit as inadmis- sible. Mrs. Stouffer stated Exhibit 4 was circulated within the neighbor- hood. She stated she observed each signature. Greg ruled this exhibit as admissible. Applicant's Exhibit 5 was circulated among friends and family. It as noted that all but 9 signatures on the petition were from outside the neighborhood area. Greg stated the 9 signatures would be ruled as admis- sible. Mrs. Stouffer stated she did not circulate Applicant's Exhibit 6. Greg ruled this page as inadmissible. Applicant's Exhibit 7 was circulated by Mrs. Stouffer at the Forestry Service, located at 1600 N. College. She stated she assumed all of the people who signed the petition live within the neighborhood area. Greg ruled this exhibit be admissible. -9- March 31, 1982 Mr. Wittstruck withdrew from evidence Applicant's Exhibits 3 and 6. Mrs. Fahima Kamandy, 3508 Swan Lane, Fort Collins, Colorado, was sworn and stated she currently works at The Green Turtle Restaurant. She spoke of her duties at the restaurant which vary from cooking, waitressing, hiring, etc. She stated she will be working at Kelly's Bar approximately 8 hours a day. She added that she is familiar with the liquor laws of Colorado. Mr. Wittstruck pointed out that those people contacted to sign petitions showed no reluctance in signing. Assistant City Attorney Greg Denton stated that those petitions admitted should be considered only on the basis of the desires of the neighborhood. Authority member Long stated he feels the majority of the residents in the neighborhood have not been adequately notified. Also, due to the confusion of the petitioning procedure used, Mr. Long stated he feels the matter should be tabled until April 28 so that the neighborhood can be repeti- tioned. Authority member Bujack made a motion, seconded by Authority member Long, to table the matter until April 28, 1982, and request that new petitions be circulated. It was noted that all petitions submitted into evidence at this hearing will be reconsidered and all new petitions reviewed at the April 28 hearing. The Chairman put the motion which was unanimously adopted. Final Resolution on a Beer and Wine License for Out to Lunch, 420 South Howes The Resolution 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. Secretary's Note: The Final Resolution for Pelican's was considered under the Final Hearing on page 5. Police Report A. Pit Stop Liquors, 315 Riverside Officer Ken Kirchhoff stated his memo is requesting a show/cause hearing be scheduled for a violation occurring on March 18, 1982. -10- March 31, 1982 Authority member Long made a motion, seconded by Authority member Bujack, to determine that there is probable cause and to schedule a show/cause hearing for Pit Stop Liquors, 315 Riverside, on April 28, 1982. The Chairman put the motion which was unanimously adopted. B. Sam's Old Town Ballroom, 162 Linden Officer Ken Kirchhoff stated a violation occurred on March 17, 1982 but that he is not making a recommendation. He asked that the Author- ity should take whatever action they feel appropriate. Authority member Bujack made a motion, seconded by Authority member Long, to determine that there is probable cause and to schedule a show/cause hearing for Sam's Old Town Ballroom, 162 Linden, on May 26, 1982. The Chairman put the motion which was unanimously adopted. For the Authority's information, Officer Ken Kirchhoff stated a minor was arrested for DUI who stated she had been drinking at the Electric Stampede, 242 Linden. Ken stated this confirms many complaints the Police Department has received concerning the Electric Stampede not checking ID's. It was noted that the Police Department will continue to watch activities at the Electric Stampede. Chairman Carlos Seegmiller stated it has been a pleasure working with Officer Ken Kirchhoff and wished him luck in his new assignment. Officer Frank Russell was introduced to the Authority since he will be replacing Ken as the local liquor enforcement officer. Adjournment Authority member Long made a motion, seconded by Authority member Bujack, to adjourn. The meeting was adjourned at approxi