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HomeMy WebLinkAboutLiquor Licensing Authority - Minutes - 02/03/1982LIQUOR LICENSING AUTHORITY Regular Meeting - February 3, 1982 7:30 P. M. A regular meeting of the Liquor Licensing Authority was held on Wednesday, February 3, 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 Seegmiller. Authority Members Absent: 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 January 6, 1982, Approved as Published Authority member Long made a motion, seconded by Authority member Bujack, to approve the minutes of the regular meeting of January 6, 1982, as published. The Chairman put the motion which was unanimously adopted. Renewal Application for Ace Liquors, 200 East Mountain Avenue Chairman Seegmiller requested that this item be heard under other business for further discussion. Registration of Manager Red Robin Burger and Spirits Emporiums, 215 East Foothills Parkway Mr. Joe Charette, 801 E. Drake, Unit 91, Fort Collins, Colorado, was sworn, and spoke of his past experience in the restaurant and liquor business. He stated most of his experience has been in private business as a general manager. Mr. Charette stated he has been in Fort Collins for 4 years. He explained that he received thorough training upon accepting the position as manager and has worked on getting the restaurant ready for opening since August, 1981. Mr. Charette added that three additional managers under him have also received thorough training. He stated that he is very familiar with the Colorado liquor laws and health laws. Mr. Charette stated he will work 5 days a week. The hours of operation will be from 11 a.m. to 2 a.m. Monday through Saturday and to midnight on Sundays. -2- February 3, 1982 Authority member Bujack made a motion, seconded by Authority member Oldham, to approve the registration of manager for Joe Charette at Red Robin Burger and Spirits Emporiums, 215 East Foothills Parkway. The Chairman put the motion which was unanimously adopted. Registration of Manager Moot House, 2626 South College Avenue Mr. Mark McKinnon, 5023 Sandstone Drive, Fort Collins, Colorado, was sworn, and spoke of his background and experience in the restaurant and liquor business. Mr. McKinnon stated he spends approximately 45-60 hours a week at the restaurant. He added that he has two assistant managers, one of which opens the restaurant and the other closes the restaurant. Mr. McKinnon spoke briefly of their training policies regarding the checking of IDIs. Authority member Bujack made a motion, seconded by Authority member Oldham, to approve the registration of manager for Mark McKinnon at the Moot House, 2626 South College Avenue. The Chairman put the motion which was unanimously adopted. Registration of Manager Tequila Junction, 2925 South College Avenue (Formerly La Fonda de Acebo) _ Mr. Kip Halligan, 500 Remington, Apt. #5, Fort Collins, Colorado, was sworn, and spoke of his past experience in the restaurant and liquor business. He stated he moved to Fort Collins in December, 1981. Mr. Halligan explained that the ownership has not changed but the name has changed. He also stated the menu has changed substantially. It was noted that fingerprints have not yet been taken. Authority member Bujack made a motion, seconded by Authority member Long, to approve the registration of manager for Kip Halligan, Tequila Junction, 2925 South College Avenue and to approve the change in trade name from La Fonda de Acebo to Tequila Junction, contingent upon Mr. Halligan being fingerprinted and a favorable police report from the Colorado Bureau of Investigations. The Chairman put the motion which was unanimously adopted. -3- February 3, 1982 Expansion of Premises Bisetti's, 120 South College Avenue Mr. Robert Bisetti, owner of Bisetti's Restaurant, was sworn, and explained that he has purchased the building next door (122 S. College Avenue) and desires to put in a pasta shop. He added that the area will also be used as a waiting area that could seat up to 20-25 people. The rear of the building will be used as storage. Mr. Bisetti stated his restaurant seats approximately 50 people but that a waiting area is badly needed. Mr. Bisetti stated that he will serve wine and hors d'oeuvres in the waiting area. A floor plan was submitted for review. Authority member Bujack made a motion, seconded by Authority member Oldham, to determine that the expansion is not substantial. The Chairman put the motion which was unanimously adopted. Authority member Oldham made a motion, seconded by Authority member Bujack, to approve the expansion of premises as submitted by Robert Bisetti for Bisetti's Restaurant, 120 S. College Avenue. The Chairman put the motion which was unanimously adopted. Transfer of Ownership for The Northern, 172 North College Avenue The applicants requested that the matter be tabled. Authority member Oldham made a motion, seconded by Authority member Bujack, to table the transfer of ownership for The Northern, 172 N. College Avenue, until the next regularly scheduled meeting, March 3, 1982. The Chairman put the motion which was unanimously adopted. New Application Accepted for a Hotel -Restaurant License for Bennigan's 2203 South College Avenue Authority member Long made a motion, seconded by Authority member Bujack, to accept the application and set the preliminary hearing for March 3, 1982, and the final hearing for March 31, 1982. The Chairman put the motion which was unanimously adopted. New Application Accepted for a Hotel -Restaurant License for Kelly's Bar, 1801 North College Avenue Authority member Long made a motion, seconded by Authority member Bujack, to accept the application and set the preliminary hearing for March 3, 1982, and the final hearing for March 31, 1982. -4- February 3, 1982 The Chairman put the motion which was unanimously adopted. Preliminary Hearing for a Beer and Wine License for Out to Lunch, 420 South Howes The boundaries as proposed by the administration were as follows: North from the subject premises to West Vine extended to city limits. West from the subject premises to City Park extended North to Vine Drive. South from the subject premises to Prospect Street. East from the subject premises to Lemay Avenue and city limits. Mr. David May,part owner, stated the boundaries are acceptable. Authority member Oldham made a motion, seconded by Authority member Bujack, to accept the boundaries as proposed for Out to Lunch, 420 South Howes. The Chairman put the motion which was unanimously adopted. Preliminary Hearing for a Beer and Wine License for Wee Capri 2211 South College Avenue Secretary's Note: The application for Wee Capri, 2211 South College Avenue, has been with- drawn at the request of the applicant. Preliminary Hearing for a Hotel -Restaurant License for Pelican's 3620 South Mason The boundaries as proposed by the administration were as follows: North from the subject premises to Drake Road. West from the subject premises to South Shields Street. South from the subject premises to Harmony Road. East from the subject premises to Lemay Avenue. No one was present to represent the applicant. Authority member Long made a motion, seconded by Authority member Bujack, to accept the boundaries as proposed for Pelican's, 3620 South Mason. The Chairman put the motion which was unanimously adopted. Secretary's Note: The show/cause hearings were taken out of order as listed on the agenda and heard in the following order: Pizza Hut, Round the Corner, and Friends II. -5- February 3, 1982 Show/Cause Hearing for Pizza Hut, 2631 South College Avenue Mr. Harold (Rip) Washington, manager of Pizza Hut, was sworn, and stated he resides at 2530 Myrtle Court. Mr. Washington stipulated to the fact that a sale to a minor did occur at Pizza Hut, 2631 South College Avenue, on September 11, 1981. Authority member Oldham made a motion, seconded by Authority member Bujack, to determine that a violation did occur at Pizza Hut, 2631 South College Avenue, on September 11, 1981. The Chairman put the motion which was unanimously adopted. Assistant City Attorney Greg Denton stated the recommendation from the Police Department is a letter of reprimand. It was noted that there have been no prior violations at this establishment. Mr. Washington stated that since the violation, they have stressed the policy of checking ID's to all employees. He stated the employees are now following all policies more strictly. He added that it is the policy of Pizza Hut that any employee will be terminated should they violate any of their policies. The employee who sold the beer to the minor on September 11 was terminated. Authority member Bujack made a motion, seconded by Authority member Oldham, to direct the City Attorney's Office to write a letter of reprimand to Pizza Hut, 2631 South College Avenue. The Chairman put the motion which was unanimously adopted. Show/Cause Hearing for Round the Corner, 1221 West Elizabeth Mr. Kim Peterson, attorney representing the applicant stated they would stipulate to the fact that a minor purchased beer at the establishment contingent upon the Board issuing a letter of reprimand. Assistant City Attorney Greg Denton stated there are no prior violations at this establishment. He also stated that the Police Department is recom- mending a letter of reprimand be sent to Round the Corner. Authority member Bujack made a motion, seconded by Authority member Long, to determine that a violation did occur at Round the Corner, 1221 W. Elizabeth, on September 11, 1981. The Chairman put the motion which was unanimously adopted. -6- February 3, 1982 Mr. Edwin Massey, President of Round the Corner, Inc. , was sworn, and stated he feels the employee who sold the beer is a better employee since the violation. He stated however, that the employee has been placed on probation for 6 months. He stated in their 14 years of business, this has been their first violation. Mr. Massey stated that the violation is a little embarrassing but feels it has been a positive thing because this restaurant and all other restaurants have learned a good lesson. Mr. Massey stated it has always been their policy to check ID's and since the violation, this policy has been stressed even more to all of their em- ployees. Authority member Bujack made a motion, seconded by Authority member Oldham, to direct the City Attorney's Office to write a letter of reprimand to Round the Corner, 1221 W. Elizabeth. The Chairman put the motion which was unanimously adopted. Show/Cause Hearing for Friends II, 142 Linden Mr. Jerry Roselle introduced himself as the attorney representing the applicant. Assistant City Attorney Greg Denton called Sgt. David Tomsick, who was sworn, and stated he is employed by the Fort Collins Police Department. Mr. Tomsick stated on October 12, 1981, at approximately 2:18 a.m. he and Officer Harold Dean were standing outside their patrol cars in the 100 block of East Mountain and heard loud music. He testified that he and Officer Dean investigated the noise and found that it was coming from Friends II, 142 Linden. Sgt. Tomsick stated he observed (from the front door) two individuals standing at the bar who were drinking out of beer cups. He stated he knocked on the door and was allowed to enter. Sgt. Tomsick stated the two individuals then placed their cups behind the bar. He testified that he retrieved the cups, which were marked as Budweiser cups, from the counter on the bar and from the trash can at the end of the bar. Sgt. Tomsick presented the two cups which have been marked and entered into evidence. He added that he could smell beer on the breath of the individuals and stated one subject had slurred speech, watery and blood shot eyes. During Mr. Roselle's cross-examination, he pointed out to the Authority that Sgt. Tomsick did not mention in his report that the two individuals had beer on their breath. Assistant City Attorney Greg Denton called Harold Dean, who was sworn, and stated he is a police office for the City of Fort Collins. Officer Dean testified that he and Sgt. Tomsick were on the 100 block of E. Mountain Avenue at approximately 2:18 a.m. on October 12, 1981. He stated he and Sgt. Tomsick heard loud music and discovered it was coming from Friends II, 142 Linden. From the front door, Officer Dean stated they observed two men -7- February 3, 1982 standing at the bar holding Budweiser beer cups toasting and drinking from the cups. After they were allowed into the bar, Officer Dean stated the men placed their cups behind the bar. He stated he asked the individuals for identification and Sgt. Tomsick retrieved the cups from behind the bar. Officer Dean stated the two individuals had the smell of beer on their breath. In his questioning, Assistant City Attorney Greg Denton pointed out that the purpose of the police reports is not to record each and every detail observed but to make enough notes to help an officer recollect an incident should a court action occur. During his cross-examination, Mr. Roselle pointed out that the report did not mention that the individuals were toasting each other. He also pointed out that no mention was made in the report about smelling beer on the individuals' breath. Mr. Roselle called Mr. Robert Lamana, who was sworn, and stated he is the owner of Friends II, 142 Linden. Mr. Lamana stated he was at the estab- lishment until about 1 a.m. when he left for the employee to finish clean- ing, restock the shelves, etc. A floor plan of the establishment was submitted as licensee's Exhibit 1. Mr. Lamana stated all employees' jobs are explained to them and are made aware of the liquor code. He stated he has a strict policy in checking ID's. He pointed out that Friends II was not cited during the September 11, 1982, police operation where several establishments received summonses for selling to minors. Mr. Lamana feels there was no violation but stated he demoted the employee to the kitchen just as an example to the other employees. Authority member Bujack made a motion, seconded by Authority member Long, to determine that a violation did occur at Friends II, 142 Linden, on October 12, 1981. The Chairman put the motion which was unanimously adopted. Assistant City Attorney stated there is no recommendation from the Police Department. Authority member Oldham stated she feels the license holder has taken the violation seriously and has taken appropriate action among his employees. Authority member Oldham made a motion, seconded by Authority member Bujack, to direct the City Attorney's Office to write a letter of reprimand to Friends II, 142 Linden. The motion was put to vote as follows: Yeas: Bujack, Seegmiller, and Oldham. Nays: Long. -8- February 3, 1982 Final Resolution on a Hotel -Restaurant License Jefferson Street Station, 200 Jefferson 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. Final Resolution on a Hotel -Restaurant License Denny's 2413 South College Avenue 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. Police Report Officer Ken Kirchhoff reported to the Authority that the Library, 1220 W. Elizabeth has not been reporting disturbances. Ken stated he has spoken with the owners and has warned them that should disturbances continue without being reported, they will be scheduled for a show/cause hearing before the Liquor Licensing Authority. Renewal Application for Ace Liquors 200 East Mountain Avenue In response to questions asked by the Authority, Assistant City Attorney Greg Denton stated if the business is sold and closed on by March 10, the business will be considered sold and the license can be transferred upon proper application. If a closing is not held by the 10th, Greg said the license is subject to revocation per the Authority's motion made on Decem- ber 9, 1981. Authority member Oldham made a motion, seconded by Authority member Bujack, to approve the renewal for Ace Liquors, 200 E. Mountain Avenue. The Chairman put the motion with the following votes: Yeas: Bujack, Seegmiller, and Oldham. Nays: Long. 0 -9- February 3, 1982 Adjournment Authority member Oldham made a motion, seconded by Authority member Long, to adjourn. The meeting was adjourned at approximn+oi" in.ir � m Secretary