Loading...
HomeMy WebLinkAboutLiquor Licensing Authority - Minutes - 04/24/1991LIQUOR LICENSING AUTHORITY MINUTES Regular Meeting - April 24, 1991 6:30 p.m. A regular meeting of the Liquor Licensing Authority was held on Wednesday, April 24, 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 March 27, 1991 regular meeting. Pringle Enterprises, Inc., the retail liquor store licensee for Pringle Brothers Fine Wine and Spirits, 2100 West Drake Road #11, is reporting a change of corporate officers and directors. Barbara Pringle is replacing John Pringle as vice president, secretary, and director of the corporation. Authority member Cooper made a motion, seconded by Authority member Crowfoot, 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. Registration of Gary Vogel as Manager of the Fort Collins Marriott Hotel, 350 East Horsetooth Road, Approved Gary Vogel, manager, outlined his experience with other liquor -licensed establishments. He stated he has worked with the Marriott corporate office for the past 2 1/2 years and noted he is familiar with the liquor laws. He stated he will be the general manager of the hotel and noted he will supervise the bar and restaurant managers. • Authority member Cooper approve Gary Vogel as Horsetooth Road. Yeas: Nays: None. THE MOTION CARRIED. April 24, 1991 made a motion, seconded by Authority member Norton, to manager of the Fort Collins Marriott Hotel, 350 East Cooper, Crowfoot, Mael, Norton, Poncelow, and Wawro. Registration of Douglas Groenewald as Manager of the Armadillo Club, 354 Walnut, Approved Douglas Groenewald, manager, stated he hs been with the corporation for approximately 9 years and noted he has been a manager for 3 years. He stated there were no liquor violations at the establishment he managed in Boulder, nor have there been any since he was transferred to Fort Collins. He acknowledged that he was convicted of a DUI in 1983 and noted there have been no other liquor -related offenses. Mr. Groenewald indicated minor service -oriented changes may be made at the establishment. Authority member Cooper made a motion, seconded by Authority member Crowfoot, to approve Douglas Groenewald as manager of the Armadillo Club, 354 Walnut. Yeas: Cooper, Crowfoot, Mael, Norton, Poncelow, and Wawro. Nays: None. THE MOTION CARRIED. Report of Change of Manager for Safeway Store #1071, 460A South College, Approved Virginia Johnson, manager, stated she has been the manager at this store for 1 year and was manager of the store at Drake Road and Taft Hill Road prior to that time. She indicated she has held a manager position since December 1986. Ms. Johnson stated there were no violations at the Drake store under her management. She spoke of training provided to employees and noted employees are trained on an individual basis. Authority member Mael made a motion, seconded by Authority member Norton, tc approve Virginia Johnson as manager of Safeway Store #1071, 460A South College. Yeas: Cooper, Crowfoot, Mael, Norton, Poncelow, and Wawro. Nays: None. THE MOTION CARRIED. Registration of Michael Loberg as Manager of Round the Corner, 101 West Swallow, Approved Michael Loberg, manager, stated he has been at this location since 1989 as shift manager and noted he is in the process of taking over the manager position. He spoke of the carding policies at the establishment and noted 1 ID is required for each drink ordered. Mr. Loberg indicated that alcohol sales are less than 5% of total sales. 1i Authority member Norton made to approve Michael Loberg as Yeas: Cooper, Crowfoot, Mael, THE MOTION CARRIED. April 24, 1991 a motion, seconded by Authority member Crowfoot, manager of Round the Corner, 101 West Swallow. Norton, Poncelow, and Wawro. Nays: None. Consideration of an Application from High Plains Arts, Inc., dba Friends of Traditional Dance, for a Three Special Events Permits at the Lory Student Center, Approved Randy Lumb, general coordinator for Friends of Traditional Dance, stated that unlimited drinks will be included in the ticket price for the May and October events. He stated participants will be monitored for signs of intoxication. He noted that the event is very dance -intensive and stated that in past events the average drink consumption was less than 1 drink per person. Mr. Lumb stated there have been no problems at previous events. Authority member Cooper made a motion, seconded by Authority member Norton, to approve the application of High Plains Arts, Inc., dba Friends of Traditional Dance, for special events permits on May 18, October 12, and November 23, 1991. Yeas: Cooper, Crowfoot, Mael, Norton, Poncelow, and Wawro. Nays: None. THE MOTION CARRIED. Request from Prime Minister's Pub and Grille, Inc., dba Beckett's, 3905 South College, to Change, Alter, or Modify the Premises. Found Not Substantial and Approved Van Hallowell, regional manager, stated the old patio structure was 12 years old and has been removed because the flooring had rotted. He stated they believe the patio would be nicer if located on the west side of the building. He noted that the relocation of the patio will not result in any change in the number of seats available. Mr. Hallowell stated the access to the patio would be through the bar area. He approached the Authority with a drawing showing the location of the old patio and where the new patio is being proposed. He stated they did not anticipate any increase in alcohol sales. Authority member Norton made a motion, seconded by Authority member Cooper, to find that the proposed modification of Beckett's, 3905 South College is not substantial. Yeas: Cooper, Crowfoot, Mael, Norton, Poncelow, and Wawro. Nays: None. THE MOTION CARRIED. April 24, 1991 Hearing on a Change of Location for Rio Grande Mexican Restaurant, from 150 North College to 143 West Mountain. Approved (Secretary's Note: Authority member Mael disclosed that he is acquainted with one of the corporate officers and noted that it would not affect his decision in this matter.) Andre Mouton, owner, was sworn. He stated the Rio Grande has been in its current location for 5 years. He indicated that the building at the current location was in need of some costly repairs, so they decided to look for a new location. He stated the new building is much larger and noted that the establishment is currently overcrowded. Mr. Mouton indicated that the establishment would be operated in the same manner in the new location. He stated they did petition within the designated neighborhood. Mr. Mouton provided the Authority with copies of the analysis of the petitioning effort. In response to a question from the Authority, Mr. Mouton indicated the restaurant would be operated on the bottom floor only. He stated the reason they are requesting approval for all three levels is to accommodate large private parties. Assistant City Attorney John Duval noted the petitions presented were stapled as one document with 2 verifications of circulator attached. Mr. Mouton stated he could correct the problem and noted that the petitions were originally 2 separate instruments which he stapled together. He indicated that the circulators were not present but that he could locate them and have them separate the pages. Mr. Duval stated the petitions as presented would not be admissible into evidence at this point. Authority member Norton made a motion, seconded by Authority member Crowfoot, to table this item until later in the meeting to allow the applicant to correct the irregularities with the petitions. Yeas: Cooper, Crowfoot, Mael, Norton, Poncelow, and Wawro. Nays: None. THE MOTION CARRIED. (Secretary's Note: The Authority took a recess at this point. When the meeting resumed, Mr. Mouton was prepared to continue with his item.) Mr. Mouton stated there has been strong support for the relocation and noted that the new location has been posted for 15 days. Mr. Mouton stated he spoke with one of the petition circulators who was immediately able to separate the pages because she had carried a blue pen with her for people to sign with and the other circulator carried a black pen. 11 April 24, 1991 Assistant City Attorney John Duval stated the petitions, marked as Applicant's Exhibits A and B, were admissible into evidence. Authority member Cooper made a motion, seconded by Authority member Wawro, to adopt Resolution 91-02 approving the change of location for the Rio Grande Mexican Restaurant from 150 North College to 143 West Mountain. Yeas: Cooper, Crowfoot, Mael, Norton, Poncelow, and Wawro. Nays: None. THE MOTION CARRIED. Show Cause Hearing for Seven Eleven #17900, 3035 West Prospect Mike Bynum, Assistant Marketing Manager, introduced himself. He indicated that the corporation has been working with Mr. Duval to reach a stipulation agreement with regard to the violation. Assistant City Attorney John Duval stated the Authority has been provided with a copy of the stipulation agreement. He stated the Authority must accept the stipulation agreement in order for it to be in effect. Mr. Duval outlined the provisions of the stipulation, and noted that the licensee has agreed to a 9-day suspension, with 7 days held in abeyance and 2 days actively served on April 29 and 30, 1991. In response to a question from the Authority, Mr. Duval indicated Police Services will be responsible for making sure the terms of the agreement are met. Authority member Mael made a motion, seconded by Authority member Norton, to accept the stipulation and agreement as presented. Authority member Crowfoot stated she did not believe a suspension on Monday and Tuesday was an adequate penalty. She indicated she would prefer a Friday and Saturday. Authority member Poncelow stated she was pleased with the provisions requiring that employees attend training sessions and that a Colorado Beer Code be purchased and maintained on the premises. In response to a question from the Authority, Johan DeBeshe, representing the licensee, explained the materials kept at each store in lieu of a Colorado Beer Code. He spoke of training provided to employees. He stated employees who violate the liquor laws are subject to termination. He noted the employee involved in this incident had been there 2 months and has been terminated. The vote on Authority member Mael's motion was as follows: Yeas: Cooper, Mael, Norton, Poncelow, and Wawro. Nays: Crowfoot. THE MOTION CARRIED. April 24, 1991 Show Cause Hearing for Toddy's of Fort Collins. 2601 South Lemav Jeff Bedingfield, attorney representing Toddy's, introduced himself. He indicated he was familiar with the show cause hearing procedures. Mr. Bedingfield stated the licensee was not willing to stipulate to the alleged violation. Ernie Tellez, Fort Collins Police Officer, was sworn. He presented photos of the individual (Roy Sweatt) who assisted him in making this compliance check to the Authority. Assistant City Attorney John Duval stated the photos were admissible into evidence. The photos were marked as Prosecution's Exhibits A and B and admitted into evidence. Officer Tellez then offered into evidence a written statement from Roy Sweatt regarding the events surrounding the compliance check. With the Assistant City Attorney's consent, the statement was admitted as Prosecution's Exhibit C. Officer Tellez stated that on February 23, 1991, he and Officer Konerza were performing compliance checks throughout Fort Collins. He stated he was assisted by a citizen, Roy Sweatt, in performing a compliance check at Toddy's. He noted Roy Sweatt was not present at this hearing because he has recently moved to Texas. Officer Tellez stated before Mr. Sweatt was sent into Toddy's, he was asked to remove all personal property from his clothing. He stated he searched Mr. Sweatt to make sure that Mr. Sweatt was carrying only the money provided to him by the Police Department. Officer Tellez stated he instructed Mr. Sweatt to enter the establishment and to buy the cheapest six-pack of beer he could buy, go to any counter, pay for the beer, and return to him in the parking lot outside of the establishment. He stated he observed Mr. Sweatt enter the establishment and approximately 5 minutes later exit the establishment carrying a six-pack of Meister-Brau beer that he had purchased from Toddy's. He noted the beer was not in a sack and that there was no receipt. Officer Tellez stated he took custody of the beer and that Officer Konerza marked each can of beer as evidence. He stated he asked Mr. Sweatt to tell him which checkout lane he used to pay for the beer, to give a brief description of the person he purchased the beer from, and to complete a written statement. Officer Tellez testified that Mr. Sweatt stated he went in, got the beer, went to the counter, and was never asked for any identification. He stated Mr. Sweatt indicated that the lady rang up the beer, he gave her the money, she gave him the change, and he walked out. Officer Tellez indicated that after he obtained a description of the person who made the sale, he entered the establishment and located Amy Marie Artzer, who was issued a summons for sale to an underage person. Officer Tellez stated Ms. Artzer made a unsolicited statement that "I sold some beer and didn't even think to check his ID". April 24, 1991 In response to cross-examination by Mr. Bedingfield, Officer Tellez stated Mr. Sweatt was dressed as shown in the photos, noting he was wearing a t-shirt. Officer Tellez stated Mr. Sweatt approached him to volunteer to help with compliance checks. Officer Tellez stated that the oral description given to him by Mr. Sweatt was a pretty girl with blonde hair and noted that Mr. Sweatt gave him the aisle number. He stated he did not make a note of the aisle number and could not remember what the number was. He stated he did not recall if Ms. Artzer was the only person present during their conversation. He indicated Mr. Sweatt was not instructed to obtain a receipt. He noted Mr. Sweatt was not paid for his efforts that evening. In response to questions from the Authority, Officer Tellez stated he instructed Mr. Sweatt to go to any checkout lane of his choice. He noted the sale was made at approximately 8:31 p.m. Officer Tellez stated Mr. Sweatt did not make any indication of how busy the store was at the time of the sale took place. He stated that when he entered the establishment to contact the clerk who made the sale, the store did not appear to be very busy. He stated Mr. Sweatt was instructed to get a receipt if it was readily available, but that he did not want Mr. Sweatt to demand a receipt because it might raise undue attention. He stated Mr. Sweatt did not have a coat with him that night and recalled that it was not very cold that night. In response to an additional question from Mr. Bedingfield, Officer Tellez stated he did not give Mr. Sweatt an identifiable amount of money before entering Toddy's nor did he ask Mr. Sweatt for the change following the transaction. He admitted he did not know how much the beer cost. With the consent of the Assistant City Attorney, Prosecution's Exhibit D was admitted into evidence and identified as a six-pack of Meister -Bran beer. Kay Konerza, Fort Collins Police Officer, was sworn. She stated on February 23, 1991 she assisted Officer Tellez in compliance checks. She stated they met at the police station at 5:30 p.m. that evening and 5:45 p.m. she observed Officer Tellez take pictures of Roy Sweatt. She stated she observed Officer Tellez take Mr. Sweatt's personal possession and perform a pat down of Mr. Sweatt. Officer Konerza stated at approximately 8:31 p.m. they were at Toddy's, 2601 South Lemay. She indicated she heard Officer Tellez give Mr. Sweatt instructions to go in, pick out the cheapest beer, and choose any aisle. She stated Mr. Sweatt was instructed to look at the clerk who he was making the purchase from so that he could described the person to the officers, and to return immediately to the vehicle. She stated the patrol car was parked outside of Toddy's. She stated she observed Mr. Sweatt go in to Toddy's and few minutes later he returned carrying a six-pack of Meister-Brau. She noted there was not a receipt and there was not a bag. Officer Konerza stated Mr. Sweatt turned the evidence over to Officer Tellez who in turn handed it to her. She stated she placed her initials and officer number on the bottom of the cans. She stated she observed Officer Tellez give Mr. Sweatt a witness statement to complete. She noted before Mr. Sweatt completed the written statement, he verbally told her and Officer Tellez that he went in, got the Meister-Brau, went to an aisle, and described the clerk as a young lady, medium to petite build, blondish -brown hair, and that it was shoulder -length. Officer Konerza added that she heard Mr. Sweatt tell Officer Tellez that at no time was he asked for an ID. She stated n u April 24, 1991 she completed marking the evidence and Mr. Sweatt completed his written statement. She indicated she and Officer Tellez then entered the store and contacted Amy Artzer. She stated the store did not appear to be busy. Officer Konerza stated Officer Tellez identified himself as a liquor enforcement officer for the Fort Collins Police Department, and stated that a purchase had been made and that he was going to issue a summons for the sale to an underage person. She stated Ms. Artzer replied to Officer Tellez that she should have checked the ID and that she didn't think to do so. She stated Officer Tellez advised her to be very careful in the future to check an ID when a person's age is questionable. She stated they then returned to the patrol car. In response to cross-examination by Mr. Bedingfield, Officer Konerza stated the conservation with Ms. Artzer was very short and recalled that there was another clerk or manager there when the summons was issued. She stated she was unsure whether the other individual was present for the entire conversation. Officer Konerza stated this was the first compliance check she had participated in. She stated she did not know if Mr. Sweatt has a criminal record. In response to questions from the Authority, Officer Konerza stated that Officer Tellez never indicated to Ms. Artzer whether the underage person was male or female, and noted that Ms. Artzer specifically indicated she sold to someone of male gender. She stated the other person present was female and stated she did not recall what, if any comments, were made by this person. Officer Konerza indicated that the pictures of Mr. Sweatt were taken prior to taking away his personal possessions. In response to additional questions from Mr. Bedingfield, Officer Tellez stated he had never used Mr. Sweatt before the evening of this incident. He indicated Mr. Sweatt was an explorer scout with the Fort Collins Police Department. He stated Mr. Sweatt did not have a criminal record. Mr. Bedingfield called Amy Artzer as his first witness. Amy Marie Artzer, 2618 Raintree Drive #C4, was sworn. She stated she is currently a checker at Toddy's and was so employed on February 23. She indicated she had been with Toddy's for approximately 1 month when this incident occurred. Ms. Artzer stated she did not recall the incident with Mr. Sweatt but did recall parts of the conversation with Officer Tellez. She stated the two officers approached her checkstand and introduced themselves as Fort Collins police officers. She stated Officer Tellez told her they were conducting compliance checks and that she had sold to an underage person. She indicated she asked during the conversation if she could see the person they were referring to and was told that she could not see the person. Ms. Artzer stated Officer Tellez asked if she remembered seeing a person in a long black coat to which she replied she did not. She stated during the conversation she called the manager over because she had not been notified of the situation. She stated she told the manager what was going on and indicated that she remembered selling alcohol earlier at 8 p.m. to an older man and that she did not check his ID because she knew he was of age. She indicated that was the only statement she remembers making about not checking an ID. She stated the manager's name is Amy Holt. Ms. Artzer stated after the officers left, the manager removed the journal tape from the cash register which shows the transactions during her n LA shift and began looking at the tape to see where th She indicated that it is her normal practice to lay ea counter or to hand it to the person. She stated she night and indicated it is her practice to check ID's, stated the store's policy is to check ID's for anyone old or younger. She stated she has seen the pictures recall ever seeing him. April 24, 1991 e sale may have occurred. ch person's receipt on the Nas wearing a nametag that even for cigarettes. She who appears to be 30 years of Mr. Sweatt and does not In response to cross-examination by Officer Tellez, Ms. Artzer stated she remembers saying that she sold some beer but did not check his ID, and stated that she was not necessarily referring to Mr. Sweatt. She stated she remembers saying she did not check his ID when she was referring to the earlier sale. She stated she does not recall seeing anyone wearing a long black coat. In response to questions from the Authority, Ms. Artzer stated the tape does not show that a sale of Meister -Bran occurred on her register. She stated she was working a regular lane that evening and at that time was not allowed to change lanes. She stated there were 2 or 3 other females working at the same time she was and noted that 1 of the girls is a little shorter, but has the same color hair which is more curly. Ms. Artzer stated she just turned 20 years old. Ken Bockhold, manager of Toddy's, was sworn and stated he has been manager at this store for approximately 1 1/2 years. Mr. Bedingfield showed Mr. Bockhold Licensee's Exhibit 1 and asked Mr. Bockhold to described it. Mr. Bockhold identified the Exhibit as a journal tape off of a cash register. He stated the number at the top of the receipt, 9827, is a transaction number and noted that every time a transaction occurs a number is assigned by the computer. He stated the next number, 22, is the checker number, the next number, 8, is the lane number, and the next number 7:35 p.m. is the time. He stated the time is very accurate. He stated he has reviewed the tape and that it includes all of the consecutive transactions for that night. He noted the last entry is at 9:04 p.m. Mr. Bockhold stated in reviewing the tape he found the sale of Miller Draft for $4.87 at 8:01 p.m. He noted the sale was part of a total sale of $84.83. Mr. Bockhold acknowledged that there is a break in the tape because the manager on duty tore the tape out of the machine when the officers left. He stated the last entry on the first half of the tape is at 8:41 p.m., transaction number 9852. He stated transaction number 9854 occurred at 8:53 p.m. He stated during the 12 minute lapse between transaction number 9852 and 9854, the tape does not show a transaction number but does show that someone cashed a check for $18.07. He indicated that there was no total which indicates nothing was purchased and the change is indicated as being $18.07. Mr. Bockhold stated that would have been given a transaction number and in this case that number would have been 9853. He stated he has reviewed the other tapes from that same evening during the same time frame and found no sales of Meister-Brau. He stated he could not find the tape for lane 12, but noted that lane is used solely by the dairy department and stated there are no females in the dairy department. �1 April 24, 1991 With the consent of the Assistant City Attorney, Licensee's Exhibit 1 was admitted into evidence. Mr. Bockhold stated there is no way a checker can ring up a sale without it appearing on the tape. In response to cross-examination by Officer Tellez, Mr. Bockhold stated if a scanner is not working a checker can ring the item up manually as long as the checker knows the price of the item. He stated he does not have the tapes of the other registers with him at this hearing. He stated he does not have documentation with him that shows Ms. Artzer is assigned checker number 22. In response to questions from the Authority, Mr. Bockhold stated Ms. Artzer has been assigned the number 22 since she became employed at Toddy's. He stated he reviewed the other tapes on the Monday morning following the incident. He indicated the date and times on the tape are input by the computer and cannot be altered by individual checkers. Mr. Bockhold indicated there were 3 females working that night after 8 p.m. and noted 1 was similar to Amy's size with similar hair, but heavier -set than Amy. In response to an additional question from Officer Tellez, Mr. Bockhold stated it is possible for the computer to register the wrong price in error, but the description is generally correct. Officer Tellez responded to additional questions from the Authority. He stated at the end of the evening he was able to balance within 2 cents. He stated he did search Mr. Sweatt at the end of the evening and found nothing other than the remaining money that Mr. Sweatt had been given. He stated the reason he does not take the person who made the purchase back into the store is because in the past it has led to confrontations. He stated he does want his witness to be intimidated. Officer Tellez stated he did not ask Ms. Artzer if she recalled a person in a long black coat. He indicated someone there did ask to see the person to which he replied no. He stated Mr. Sweatt had been an explorer scout for approximately 2 years. He stated explorer scouts are subjected to background investigations and if a criminal history is found, the individual is not accepted. In closing, Officer Tellez stated the defense has not denied that Mr. Sweatt bought the beer from the establishment, only that Ms. Artzer was not the one who sold the beer. He stated he did not know why the computer did not record the sale of the beer. He stated Mr. Sweatt went into the establishment, purchased the beer, and returned to the car. He stated Mr. Sweatt gave him a description of the person who sold him the beer. Officer Tellez indicated he went into the store and found the person who matched the description. He stated without the other register tapes, there is no evidence before the Authority that the sale did not occur at another lane. Mr. Bedingfield stated if the prosecution could produce a receipt for the beer purchase, the licensee would admit to a violation. He stated that it is highly unusual and unfair that Mr. Sweatt is not present to be cross-examined and questioned by the Authority. He spoke of the lack of information in the police report. He reminded the Authority that Ms. Artzer testified under oath that she 0 April 24, 1991 did not sell beer to Mr. Sweatt. He pointed out that there was a specific allegation that Amy Artzer sold the beer to Mr. Sweatt that creates this violation and noted that the tape from Ms. Artzer's register shows that no such sale occurred. (Secretary's Note: The audio tape of this meeting failed at this point. The remainder of the minutes are prepared based on notes taken at the meeting.) Authority member Norton made a motion to find that a violation did occur. THE MOTION DIED FOR LACK OF A SECOND. Authority member Cooper made a motion, seconded by Authority member Wawro, to find that no violation occurred. Yeas: Cooper, Crowfoot, Mael, Poncelow, and Wawro. Nays: None. THE MOTION CARRIED. Police Report Police Investigator Sandy Gibson pointed out that the Authority had been provided with two incident reports for alleged violations at Get It and Go, 1005 West Stuart 04, and Cottonwood Liquors, 3640 South Mason #8. Authority member Mael made a motion, seconded by Authority member Cooper, to find that probable cause exists to schedule show cause hearings for Get It and Go, 1005 West Stuart #A4, and Cottonwood Liquors, 3640 South Mason #8. Yeas: Cooper, Crowfoot, Mael, Norton, Poncelow, and Wawro. Nays: None. THE MOTION CARRIED. Adjournment Authority member Wawro 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 9:15 p.m. Chairperson 140-YiS ecretary