Loading...
HomeMy WebLinkAboutLiquor Licensing Authority - Minutes - 06/26/1991E LIQUOR LICENSING AUTHORITY MINUTES Regular Meeting - June 26, 1991 6:35 p.m. A regular meeting of the Liquor Licensing Authority was held on Wednesday, June 26, 1991, in the Council Chambers of the Fort Collins Municipal Building. The following members were present: Cooper, Crowfoot, Mael, Norton, Poncelow, and Wawro. Authority Members Absent: Guerrie Staff Members Present: John Duval, City Attorney's Office Wanda Krajicek, City Clerk's Office Sandy Gibson, Police Department Consent Calendar The Consent Calendar is intended to expedite the meeting and allow the Authority to spend its time and energy on the important items on a lengthy agenda. Anyone may request that an item be "pulled" off the Consent Calendar and considered separately. Items pulled from the Consent Calendar will be considered separately immediately following adoption of the Consent Calendar. Approval of the minutes of the regular meeting of April 24, 1991. Report of Change of Corporate Structure for Longs Drug Stores California. Inc.. dba Longs Drug Store, 743 South Lemay. Longs Drug Stores California, Inc., the 3.2% beer licensee for Longs Drug Store, 749 South Lemay, is reporting a new corporate officer. Charles Bostwick has been elected as a vice president of the corporation. Authority member Crowfoot made a motion, seconded by Authority member Norton, to adopt and approve all items not removed from the Consent Calendar. Yeas: Cooper, Crowfoot, Mael, Norton, Poncelow, and Wawro. Nays: None. THE MOTION CARRIED. Report of Change of Manager for Convenience Plus #29, 382 East Mountain, Approved Theresa Harper, manager, stated she has been manager at this store since February. She stated she has worked for C Plus (the licensee) since September 1990 and was employed at a store in Greeley prior to being transferred to Fort Collins. She stated there were no liquor violations during her employment at the Greeley store. Ms. Harper spoke of training that is provided to employees and read the company's policies regarding the sale of beer. She indicated that employees are required to request ID from anyone who appears to be under the age of 40. June 26, 1991 Authority member Norton made a motion, seconded by Authority member Crowfoot, to approve Theresa Harper as manager of Convenience Plus #29, 382 East Mountain. Yeas: Cooper, Crowfoot, Mael, Norton, Poncelow, and Wawro. Nays: None. THE MOTION CARRIED. Transfer of Ownership of Picasso's, 400 East Olive, Approved Mary Barghelame, applicant, stated she is financing the purchase of Picasso's with funds derived from other businesses that she owns. She indicated she has no prior experience with the sale of alcoholic beverages and noted she has read the Colorado Liquor Code in an attempt to familiarize herself with the liquor laws. She stated she plans to hire a manager who is familiar with the liquor laws. Ms. Barghelame stated she did not plan to make any changes in the alcohol service at the establishment. She stated she and her husband owned the property at the time Paul Chatfield operated the establishment and noted she bought Paul out of the business. Authority member Mael made a motion, seconded by Authority member Wawro, to approve the transfer of ownership of Picasso's, 400 East Olive, from Paul Chatfield to Mary Barghelame. Yeas: Cooper, Crowfoot, Mael, Norton, Poncelow, and Wawro. Nays: None. THE MOTION CARRIED. Transfer of Ownership of Gene's Tavern, 200 Walnut, Approved Windlyn Mason, president and sole shareholder of Viento, Inc. (applicant), stated she is financing purchase of the business through personal funds. She indicated the previous owners will have no involvement in the business. She stated she does not plan to make any changes in the operation of the business. Ms. Mason stated she has been working at Gene's for the past 2 years and prior to that worked at Archer's for 3 years as lead bartender. She stated she is also currently working at Harmony Auto Sales and will continue that employment in addition to working at Gene's. She indicated she plans to hire a manager for the establishment and noted that the current employees will remain at the establishment. Ms. Mason stated she has already been responsible for training employees and will continue that responsibility. She indicated that she will require her employees to attend a class conducted by Officer Tellez. Authority member Wawro made a motion, seconded by Authority member Cooper, to approve the transfer of ownership of Gene's Tavern, 200 Walnut, from Kapperman, Inc. to Viento, Inc. Yeas: Cooper, Crowfoot, Mael, Norton, Poncelow, and Wawro. Nays: None. THE MOTION CARRIED. June 26, 1991 Hearing on a New Application for a Tavern License at 1307 East Prospect (The Fort Collins Club) Approved (Secretary's Note: This hearing was continued from the May 22, 1991 meeting.) Ramsey Myatt, attorney representing EC Gallery, Ltd., introduced himself. Todd Heenan, manager, was sworn. In response to questions from Mr. Myatt, Mr. Heenan examined a letter, marked as Applicant's Exhibit A, and identified it as a letter from Mr. Myatt to himself, which contains instructions for petition circulators. He stated each of the petition circulators received a copy of the letter with their clipboards when they circulated petitions before the last hearing. With the consent of the Assistant City Attorney, Applicant's Exhibit A was admitted into evidence. Mr. Heenan stated that at the last hearing, petitions were separated into two categories, being those that were circulated outside of the Club, and those that were circulated in the Club and signed by Club members at the front desk. He acknowledged that there were questions regarding whether the signatures obtained on the second set of petitions were actually obtained in the presence of the petition circulator. He stated those petitions have been thrown away. He stated that the petitions circulated in the neighborhood have been reviewed by the petition circulators and they have verified that each of the signatures were obtained in their presence. With the consent of the Assistant City Attorney, Applicant's Exhibit C was admitted into evidence and identified as petitions circulated within the neighborhood boundaries. Mr. Heenan stated Applicant's Exhibit B consists of petitions circulated within the Club since the last hearing. He stated these petitions were not left at the front desk, but carried by employees who obtained signatures on an individual basis. He indicated that a majority of those petition circulators were present at this hearing. With the consent of the Assistant City Attorney, Applicant's Exhibit B was admitted into evidence. It was noted that 3 signatures were marked by the Assistant City Attorney as not valid for various reasons. Mr. Myatt stated Mr. Heenan requested members of the Club to express their desire to have the application approved. He stated those individuals were available for questions and asked them to come forward and give their names for the record. The following Club members were sworn: Bud Razey, 601 East Elizabeth Richard Davis, 2001 Creekwood Drive Doug Lee, 2920 Brookwood Place Scott Makinen, 1719 Rushwood Court June 26, 1991 Bruce Makinen, 315 South Loomis Patty Spencer, 2001 Creekwood Christine Curtis, 321 East Laurel Laura Burbank, 1609 Edora Road Collectively, they stated they were in support of the application. Mr. Heenan stated there were very few members of the Club who expressed opposition to the application. In response to questions from the Authority, Mr. Heenan stated that the signatures obtained in the Club were only from members who lived within the neighborhood boundaries. He stated a few Club members signed the petitions and indicated they were opposed to the application. He indicated no one was outwardly spoken about their opposition. Authority member Cooper made a motion, seconded by Authority member Norton, to adopt Resolution 91-03 approving the application for a tavern license for FC Gallery, Ltd., at the Fort Collins Club, 1307 East Prospect. Yeas: Cooper, Crowfoot, Mael, Norton, Poncelow, and Wawro. Nays: None. THE MOTION CARRIED. Hearing on a New Application for a 3.2% Beer License Mario Miano, representing Mark -Four Partnership (applicant), was sworn. He stated he is a partner and will be the manager of the establishment. He stated until approximately 6 years ago there was a Godfather's Pizza franchise in Colorado with 47 stores. He stated for the last 11 years he has worked for the Godfather's corporate office as a business consultant to the franchise community. He indicated he decided to venture out on his own so he contacted a partner. He stated they decided Colorado was an open market to bring Godfather's back. He stated his partner, GF Four Investments, Inc., is a group that owns 8 Godfather's restaurants in Iowa. Mr. Miano spoke of the petitioning process used to gather signatures in support of the application. He indicated that 241 signatures were obtained in support of the application, with 7 signatures in opposition. He stated those 7 individuals who expressed opposition stated their reason as being that they do not drink. He stated 13 signatures were stricken from the petition because they did not meet the qualifications to sign the petition. Mr. Miano stated this establishment will be similar to the Godfather's Pizza that was located in Fort Collins several years ago. He spoke of plans for a grand opening. He indicated that the partnership plans to open 10 restaurants in Colorado over the next 4 years. He stated he will manage this store until they have at least 3 stores in Colorado. He stated they plan to have 2 stores in Fort Collins. With the consent of the Assistant evidence as Applicant's Exhibit Attorney struck 14 signatures for June 26, 1991 City Attorney, the petition was admitted into A. It was noted that the Assistant City various insufficiencies. In response to questions from the Authority, Mr. Miano described the training that will be provided to employees. He stated he will be doing the majority of the training. He stated beer will be served to the table rather than sold at the counter. Authority member Norton made a motion, seconded by Authority member Mael, to adopt Resolution 91-06 approving the application for a 3.2% beer license at Godfather's Pizza, 4010 South College. Yeas: Cooper, Crowfoot, Mael, Norton, Poncelow, and Wawro. Nays: None. THE MOTION CARRIED. Show Cause Hearing for King Sooners #9. 1015 South Taft Hill Road Authority member Cooper withdrew from discussion and vote on this item due to a perceived conflict of interest. Assistant City Attorney John Duval stated that a stipulation agreement has been reached with the licensee. He stated the agreement provides for a 10-day suspension, with 5 days held in abeyance and 5 days active suspension. He stated in lieu of the 5 days active suspension, the licensee will pay a fine of $450. He stated the agreement also provides that the licensee reimburse the Police Department $3.32 for the funds used to purchase the beer during the compliance check. Mr. Duval indicated that the agreement calls for all employees involved with the sale of beer to attend a liquor law education class conducted by Police Services within 60 days, and that the licensee purchase a liquor and beer code from the State of Colorado to be kept on the premises at all times. Joseph Campanella, manager of King Soopers #9, stated they regret that the violation occurred and stated they will do everything they can to avoid any future incidents. Authority Mael made a motion, seconded by Authority member Crowfoot, to accept the stipulation agreement as presented. Yeas: Crowfoot, Mael, Norton, Poncelow, and Wawro. Nays: None. (Authority member Cooper withdrawn.) THE MOTION CARRIED. Show Cause Hearing for Campus West Liquors, 1107 City Park Avenue Authority member Wawro withdrew from discussion and vote on this item due to a perceived conflict of interest. June 26, 1991 Assistant City Attorney John Duval stated a stipulation agreement has been reached in this case. He stated the agreement provides for a 4-day suspension of the liquor license, with 2 days held in abeyance and 2 days active suspension. He stated in lieu of serving the 2 day suspension, a fine of $400 will be paid. He stated the agreement also calls for reimbursement of Police Services costs in the amount of $3.90, training of all employees, and purchase of a Colorado Liquor Code. In response to a question from the Authority, Mr. Duval indicated that there have been no previous violations at the establishment. Authority Mael made a motion, seconded by Authority member Norton, to accept the stipulation agreement as presented. Yeas: Cooper, Crowfoot, Mael, Norton, and Poncelow. Nays: None. (Authority member Wawro withdrawn.) THE MOTION CARRIED. Show Cause Hearing for Safeway Store #913, 2160 West Drake Assistant City Attorney John Duval stated a stipulation agreement has been reached in this case. He stated the agreement provides for a 7-day suspension, with 5 days held in abeyance and 2 days actively served. He stated in lieu of serving the 2 days active suspension, the licensee has agreed to pay a fine of $200. He stated the agreement also provides for reimbursement of Police Services costs in the amount of $2.99, training of employees, and purchase of a Colorado Liquor and Beer Code to be kept on the premises. Tom Dunn, Dill and Dill, attorney representing the licensee, stated the district manager and store manager were both present. He stated the employee who was involved in this incident had been employed at Safeway for approximately 1 year. He indicated that, as a result of the violation, the employee was suspended for 3 days. He stated the employee also suffered the sanctions and fine imposed as a part of the criminal prosecution. He stated each manager at the regional stores are talking individually with each employee about this violation and the need to prevent future violations. Authority Cooper made a motion, seconded by Authority member Crowfoot, to accept the stipulation agreement as presented. Yeas: Cooper, Crowfoot, Mael, Norton, Poncelow, and Wawro. Nays: None. THE MOTION CARRIED. Show Cause Hearing for Diamond Shamrock Food Mart, 1113 West Drake Assistant City Attorney John Duval outlined the provisions of a stipulation agreement with regard to this violation. He stated the agreement provides for a 7-day suspension, with 5 days held in abeyance and 2 days active suspension. He stated in lieu of actually serving the 2-day active suspension, the licensee has agreed to pay a fine of $200. He added that the agreement contains the 0 • June 26, 1991 standard provisions for reimbursement of Police Services costs, employee training, and purchase of a Colorado Liquor and Beer Code. Tom Dunn, Dill and Dill, attorney representing Diamond Shamrock, stated the district merchandiser is present at this hearing. He spoke of measures that Diamond Shamrock has taken to address this violation and to ensure that there are no violations in the future. He stated the clerk involved in this incident has been employed with Diamond Shamrock for 7 years. He stated the clerk wrote a letter about how she felt about breaking the law and the humiliation and embarrassment she suffered as a result, and that the letter was shared with other employees. Mr. Dunn stated he believes that the point has been well made with all the employees that no minor violations can occur. He asked the Authority to accept the stipulation agreement. Authority Norton made a motion, seconded by Authority member Mael, to accept the stipulation agreement as presented. Yeas: Cooper, Crowfoot, Mael, Norton, Poncelow, and Wawro. Nays: None. THE MOTION CARRIED. Police Report Police Investigator Sandy Gibson reported to the Authority about her inquiry into an incident that involved individuals who were drinking at Washington's and their attempt to hop the train. She stated she spoke with two men who were with the girl who was injured in that incident and noted they both felt they were drunk. She stated the men indicated they did not believe Washington's should be held liable and stated they were not willing to testify before the Authority. Ms. Gibson stated she contacted the girl who was injured and noted the girl did not believe Washington's should receive any blame in the incident. She stated the girl indicated it was her own poor judgment that caused her injuries. Following discussion, it was the consensus of the Authority not to pursue action against Washington's. Adjournment Authority member Cooper made a motion, seconded by Authority member Crowfoot, to adjourn. Yeas: Cooper, Crowfoot, Mael, Norton, Poncelow, and Wawro. Nays: None. THE MOTION CARRIED. The meeting was adjourned at approximately 8:05 p.m. & OIYLCZ,4� �j Chairperson/ Secretary /emu �✓r_S