HomeMy WebLinkAboutLiquor Licensing Authority - Minutes - 08/15/1990LIQUOR LICENSING AUTHORITY MINUTES
Regular Meeting - August 15, 1990
6:30 p.m.
A regular meeting of the Liquor Licensing Authority was held on Wednesday,
August 15, 1990, 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
Rita Knoll, City Clerk's Office
Sandy Gibson, Police Department
Consent Calendar
This 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.
3.
4.
Consider aooroval of the minutes of the June 20 and July 11 regular
meetings.
This is a request from ShowBiz Pizza Time, Inc., the hotel -restaurant
licensee for ShowBiz Pizza, 105 West Prospect, to change the trade name of
the establishment to Chuck E. Cheese's.
Northern Dining and Bar Bazaar and Old Colorado Brewing Company, Inc., the
hotel -restaurant licensee for Northern Dining and Bar Bazaar and Old
Colorado Brewing Company, 172 North College, is reporting a change of
corporate structure. Thomas Rulon has been removed as vice-president of
the corporation.
Albertson's, Inc., the 3.2% beer licensee for Albertson's Food Center
#876, is reporting a change in corporate officers. Kaye O'Riordan is
replacing Leslie Bock as secretary of the corporation.
0
August 15, 1990
5. Report of Change of Corporate Structure for Longs Drug Stores California.
Inc.. dba Longs Drugs, 743 South Lemay.
Q
Longs Drug Stores California, Inc., the 3.2% beer licensee for Longs
Drugs, 743 South Lemay, is reporting a change of corporate officers.
Joseph Spampinato has been elected as treasurer of the corporation.
Skipper's, Inc., the hotel -restaurant licensee for Skipper's Seafood n'
Chowder House #248, 2315 South College, is reporting a change of corporate
structure. Changes in corporate officers and directors have occurred. In
addition, the stock of Skipper's, Inc. has been bought by National Pizza
Company.
Report of Change of Corporate Structure for Metro Oil Company, dba
A. Vicker's #2369, 803 Riverside.
B. Vicker's #2487, 2025 South College.
C. Vicker's #2622, 200 West Horsetooth.
D. Vicker's #2623, 221 West Prospect.
This item represents a change of corporate structure for Metro Oil
Company, the 3.2% beer licensee for the Vicker's stores in Fort Collins.
Kenneth Pawlowski has replaced Lawrence Rogers as secretary/treasurer 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.
Report of Manager for
Schrader's Country Store #110,
4524 South College. Approved
Jim Moon, manager, noted he had worked at other Schrader stores and that he was
not involved in any violations at those stores. He spoke of the DUI arrests he
listed in his background investigation questionnaire and stated he no longer has
a problem with alcohol consumption.
Authority member Cooper made a motion, seconded by Authority member Crowfoot,
to approve Jim Moon as manager of Schrader's Country Store #110, 4524 South
College. Yeas: Cooper, Crowfoot, Norton, Poncelow, and Wawro. Nays: Mael.
THE MOTION CARRIED.
• 9 August 15, 1990
Report of Manager for
Schrader's Country Store #400,
1331 West Elizabeth. Approved
Pat Mauer, manager, spoke of her prior experience as an employee of Schrader Oil
Company and noted she has never been involved in a liquor violation.
Authority member Norton made a motion, seconded by Authority member Crowfoot,
to approve Pat Mauer as manager of Schrader's Country Store #400, 1331 West
Elizabeth. Yeas: Cooper, Crowfoot, Mael, Norton, Poncelow, and Wawro. Nays:
None.
THE MOTION CARRIED.
Registration of Kevin Bonich as
Manager of Red Lobster Restaurant
#393. 3301 South College. Ap rlroved
Kevin Bonich, manager, stated he has been a manager for Red Lobster in
Northglenn since 1988 prior to being moved to the Fort Collins restaurant. He
noted there were no liquor violations at the Northglenn restaurant. Mr. Bonich
stated he is familiar with the laws regarding the sale of alcoholic beverages.
He indicated that the training provided at the Northglenn restaurant was the
same as is provided at the Fort Collins restaurant and described the training
program.
Authority member Cooper made a motion, seconded by Authority member Norton, to
approve Kevin Bonich as manager of Red Lobster Restaurant #393, 3301 South
College. Yeas: Cooper, Crowfoot, Mael, Norton, Poncelow, and Wawro. Nays:
None.
THE MOTION CARRIED.
Registration of Michael Tezak as
Manager of the Prime Minister,
3905 South College. Approved
Michael Tezak, manager, stated he currently lives in Estes Park and will be
commuting to Fort Collins. He spoke of his experience with the sale of
alcoholic beverages and noted he once owned a restaurant in Utah. He spoke of
his familiarity with the Colorado liquor laws. Mr. Tezak described training
provided to employees at the establishment.
Authority member Cooper made a motion, seconded by Authority member Crowfoot,
to approve Michael Tezak as manager of the Prime Minister, 3905 South College.
Yeas: Cooper, Crowfoot, Mael, Norton, Poncelow, and Wawro. Nays: None.
l 111 M• u [�1 I# (�L` ��I:1:1:i 1 �Ti A
• • August 15, 1990
Consideration of an Application from
High Plains Arts, Inc., dba Friends of
Traditional Dance, for Special Events
Permits at the Lory Student Center, Approved
Randy Lumb, director of Friends of Traditional Dance, stated both events
(September 8, 1990 and March 30, 1991) were big band dances featuring an 18-
piece orchestra. He stated beer and wine would be served and noted that the
servers would be responsible for checking ID's. He stated sales would be
limited to one drink per person. Mr. Lumb noted that the organization has had
no problems at previous events.
Authority member Crowfoot made a motion, seconded by Authority member Wawro, to
approve the special event permits for High Plains Arts, Inc., dba Friends of
Traditional Dance, at the Lory Student Center on September 8, 1990 and March 30,
1991. Yeas: Cooper, Crowfoot, Mael, Norton, Poncelow, and Wawro. Nays: None.
IulwiT,1111to] 2109_lil[ IAli
Hearing on a New Application
for a Club License at the
Eagles Club #4021
302 North Neldrum, Denied
Joe Armijo, 524 North Grant, secretary, was sworn. He spoke of the origin of
the Eagles. He stated there were 95 members and 60 auxiliary members with the
average age being 55. He spoke of the activities of the club. He indicated
there will always be a police officer present at any function they believe will
be too large for the club officers to monitor. He noted the building is going
to be remodeled.
In response to questions from the Authority, he stated that members previously
paid for drinks by donation. He indicated people could not run up tabs. He
noted he expects the license may bring in 25 to 30 new members.
In response to a question from the Authority, Assistant City Attorney John Duval
stated the Authority should consider the moral character of the applicant in
addition to the desires of the inhabitants of the neighborhood. He stated that
Applicant's Exhibit G, identified as a list of groups to whom the club donates
money, is admissible into evidence.
James Burrill, 303 North Meldrum, asked Mr. Armijo how the club intends to
remodel the building.
Mr. Armijo stated the club plans to remodel the doorways, repaint the outside
of the building, and eliminate the large hangar doors. He noted the main
entrance will be on the south side facing Maple, and it will be painted to
conform with the building next door.
Mr. Burrill inquired about the kinds of social events the Eagles plan to hold.
Mr. Armijo indicated there will be small gatherings restricted to club members.
0 August 15, 1990
Mr. Burrill asked if the club will be allowing guests to come in.
Mr. Armijo stated that guests will be potential members and will be entitled to
visit the club 3 times. He noted these potential members must become members
after the third time or they cannot attend again as guests. He indicated this
was a departure from past policy.
Rev. Richard Thebo, 315 North Howes, asked Mr. Armijo if it wasn't odd that 140
members do not live in the neighborhood community.
Mr. Armijo stated the club chose this location because it was a site they could
afford.
Rev. Thebo pointed out that when Mr. Armijo answered some of the questions, he
was not exact but often responded "probably".
Mr. Armijo defined the functions as a controlled social events. He stated there
will be no stag shows and probably no bands. He noted there will be social
events limited to couples. He indicated there will be fund-raising dinners and
social dancing. He stated that the loudness of the music will be controlled.
In response to questions from the Authority concerning drinking violations
listed in the background information of several board members, Mr. Armijo stated
he did not believe he himself had a drinking problem. He indicated his drinking
problem occurred about 20 years ago. He noted that prior events held by the
establishment were small affairs and they had leased the building out for
outside events such as weddings. He stated the club will be eliminating these
types of activities and try to "tone things down", having more control over
activities in the building by limiting them to club -structured events rather
than open -house activities. He indicated that there are new officers, and they
are making changes as a result of the past problems. He noted they have revised
the rules that have been enforced against members and have discharged members
in the past. He stated the club is currently working on discharging 2 members.
He indicated there will be no outside events, that only club members or
potential members will be allowed to attend events now. He noted they will
limit outside events club members can hold in the building.
Mr. Burrill asked Mr. Armijo whether special events will be advertised.
Mr. Armijo stated there would be no advertising, that members would use word of
mouth to do this.
Mr. Burrill asked how the club will make sure that the 168-person occupancy is
controlled.
Mr. Armijo stated there will be someone monitoring the crowd because this could
also become a fire code violation if they don't.
Rev. Thebo questioned Mr. Armijo regarding the discharge of members and past
liquor violations.
Mr. Armijo stated that the National Convention made the expulsion rule in 1988
or 1989. He indicated that prior to that time, the club could only suspend a
member for 6 months. He noted there was a past liquor violation by a bartender
• August 15, 1990
who did not follow the rules regarding bar donations. He stated that in the
past there was always a police officer on duty during large functions or special
events held by a club member.
Mr. Burrill asked Mr. Armijo if he remembered Labor Day 1989 when Mr. Burrill
approached him about turning down the music and someone in the club offered to
buy Mr. Burrill a beer.
Mr. Armijo answered he did remember Mr. Burrill approaching him about the music,
but did not remember the offer of a beer.
Larry Vanderheiden, 3109 East Mulberry #16, was sworn. He stated he had no
arrests but did have a speeding ticket 2 years ago. He indicated that as vice-
president of the Aerie, he will supervise liquor sales by correcting anything
illegal that might occur. He noted he would not manage the bar.
Glenna Vanderheiden, manager, 3109 East Mulberry #16, was sworn. She stated she
had no arrests or convictions. She indicated she has no prior experience with
managing liquor, but did have 11 years experience in managing apartments. She
noted she worked part-time as bartender at the Eagles for 3 years. She stated
that the carding policy is to serve members who are 21 or older. She indicated
she will be hiring staff and plans to hire a trainer who has prior liquor
experience. She noted she had only on-the-job training. She stated she would
check the ID's of guests, who are required to sign a book as a registered guest
of a member. Ms. Vanderheiden stated right now they were considering allowing
children to attend special parties only (such as at Christmas, Easter,
Halloween, and one other special day) before the social time when liquor is
served. She indicated this was a departure from past policy.
Rev. Richard Thebo stated that in Missouri, children are not allowed on the
premises when there are alcoholic beverages present. He asked if this is a
Colorado law also.
City Attorney John Duval stated it is not.
Rev. Thebo asked what the law states in reference to how close a liquor -licensed
establishment can be to a church.
Mr. Duval stated that in Colorado distance restrictions apply to schools only.
In response to questions from the Authority, Ms. Vanderheiden stated that the
revised September 1986 rules are being enforced. She indicated she was not
familiar with rules concerning Junior Eagles.
Mr. Armijo indicated there are no longer any Junior Eagles.
Ms. Vanderheiden indicated there would be no rule on curfew for minors because
children would be allowed in the club only on special children's days.
In response to questions from the Authority, Mr. Armijo stated that some events
would be advertised to other aeries throughout the state through membership
newsletters. He approached the Authority to explain the club floorplan. He
indicated that the Eagles were at that location since 1982 and the church did
not locate near the club until a year ago.
•
• August 15, 1990
James Burrill, 303 North Meldrum, was sworn. He approached the Assistant City
Attorney with a petition he circulated in the neighborhood. He spoke in
opposition to the license. He stated the noise from the number of people who
will be allowed in the club is unacceptable to him. He expressed concern with
how the club will handle problems. He indicated that several neighbors warned
him not to testify, fearing reprisals by Eagles Club members. He noted that Mr.
Armijo has been very cooperative, but that the Eagles Club has not been
sensitive in the past to the neighbors' needs. He stated the neighborhood could
be degraded if the Eagles Club were granted a liquor license. He indicated it
was his understanding that in the past the club had sold liquor illegally. He
noted that he was never approached by club members to sign a petition for the
license nor were his neighbors who were present at this meeting. He expressed
concern with the building and its inappropriateness to club functions, mainly
due to the loud music coming from the building when the two garage -type doors
are kept open during events. He noted that children from a nearby apartment
house could easily enter the dark danceroom. He spoke of prior incidents at the
club. Mr. Burrill stated this building, which was designed as a warehouse, not
a dancehall or tavern, cannot be remodeled to make it soundproof. He noted this
was the first reason he believes the Authority should deny the license. He
expressed concern with the way the club has been managed in the past when liquor
was sold without a license. He stated that on November 11, 1989, a dance was
held at the club requiring the response of the police on four occasions, with
7 police cars there at one time. He noted there have been other instances
requiring police intervention. He stated it does not make sense to endorse a
club which seems to promote the abuse of alcohol and which is located in the
same block as a center which conducts an alcohol abuse treatment program.
Assistant City Attorney John Duval stated in reviewing Opponent's Exhibit A,
identified as a petition, he had a question for Mr. Burrill. He noted there was
a hand-written sentence added to the printed portion of the petition stating
"AGAINST means a vote against the license".
Mr. Burrill noted this sentence was on the petition when people signed it.
City Attorney John Duval stated Opponent's Exhibit A was admissible into
evidence.
Rev. Richard M. Thebo, 315 North Howes, director of Open Door Mission, was
sworn. He stated that activities should enhance a neighborhood and he has never
found that alcohol does this, that it destroys lives rather than build them up.
He indicated that with the children in this family -oriented neighborhood, the
club premises should not be a place for drinking. He expressed his concern that
children could be hurt by drivers under the influence of liquor.
Charles Albert, 412 Maple, was sworn. He stated he will be impacted if the
license is granted. He noted he is a professional piano instructor and he moved
to this neighborhood because of his profession. He indicated that the reason
there is a 500' restriction between a liquor -licensed establishment and a school
is because it does impact school activities. He stated he would have to
relocate if the license is granted.
In response to questions from the Authority, Mr. Burrill stated in the past he
has called police to complain about noise at the Eagles Club. He indicated he
was told nothing could be done as long as the noise was contained within the
• • August 15, 1990
building. He noted he considers the neighborhood to be a true residential
neighborhood even though it is zoned commercial. He indicated he has been
afraid to take too many actions against the club due to fear of reprisals. He
stated he has talked to Mr. Armijo on several occasions about the noise. He
noted in 1989 he called the club on a Sunday night, asking them how late they
were going to remain open, and did not receive a satisfactory answer. He
indicated he later called Rita Knoll concerning the legality of their being open
on a Sunday night. He stated he had not given the club any formal, written
notification of his complaints. He noted he had fear of reprisals due to the
fact that people leave club functions around 2:00 a.m. under the influence of
alcohol and he has observed fights occurring. He indicated he feared the
Authority would not enforce a license, because the club was not brought into
account when they served alcohol without a license. He stated he understood
that if the license is denied, the club will consider moving to another site.
Mr. Armijo stated that the club is bound by a lease at the present location
until July 1993.
Upon questioning from the Authority whether his concerns were with the noise or
with the granting of the liquor license, Mr. Burrill stated that it was both.
He indicated he believes if there were no alcohol, the noise would not be a
problem. He noted that the only time noise has been a problem has been when
liquor was served and things got out of hand. He stated he believes that once
people are under the influence of alcohol, they do not always control themselves
or the loudness of the music. He indicated he believes the bottom line is that
a club which serves alcohol does not belong near residences.
Mr. Armijo disputed Mr. Burrill's comments on reprisals from club members. He
stated he believes Mr. Burrill is not in any danger. He indicated that if Mr.
Burrill were to come to the officers of the club with a complaint, they would
not let the membership do anything to destroy the club. He noted he believes
club members might strike each other once in awhile but they would not go across
the street and harm Mr. Burri11. He stated they are resolving past problems by
limiting the occupancy allowed, limiting the attendance to couples only, and not
allowing members under the age of 21. He noted they will control the number of
people who will be allowed to attend. He stated the leadership as of May 30,
1990, is not the same as the prior leadership.
Charles Albert asked Mr. Armijo if he anticipated that homeless people would be
allowed in as guests.
Mr. Armijo stated no, that a member has to sponsor a new member or a guest.
Rev. Thebo inquired about the criteria for becoming a member.
Mr. Armijo stated a person must submit an application, be sponsored by another
member, be interviewed, not be a felon, and be approved by the membership. He
stated a member is responsible for his guest at all times.
Authority member Norton made a motion, seconded by Authority member Wawro, to
adopt Resolution 90-07 approving the application of a club license at the Eagles
Club #4021, 302 North Meldrum.
August 15, 1990
Authority member Cooper stated he cannot support the motion because of the
statements regarding the assaults that apparently take place within the
premises, and the repeated liquor violations. He indicated he perceives there
is a lack of organization on how the club plans to operate and train people, and
spoke of the lack of checking with the community regarding possible problems and
how to resolve them.
Authority member Poncelow stated she is uncomfortable with the moral character
of some of the applicants who are not present for questioning, but all of whom
are liable for that license. She indicated she is also uncomfortable with the
perceived easy management policies and the apparent lack of knowledge of
training policies regarding serving liquor.
Authority member Crowfoot indicated she would not support the motion but did
want to state she appreciates the club's efforts in trying to change the past
problems that have occurred.
Authority member Wawro stated he would support the resolution and believes that
although the neighbors remarks were well taken, he believes the thrust is
misdirected. He indicated that the matter regarding granting or denying the
license is irrelevant to the functioning of the club in terms of their history.
He noted if the Authority denies the license, the club will continue to function
as it has with respect to the purchase of alcohol by donation. He stated if the
club were licensed, the type of violations that have been discussed could then
be addressed by the Authority and the club could be shut down for those kinds
of violations.
Authority member Mael indicated he would not support the motion. He stated he
believes the club lacks an operational plan as well as an experienced manager
to operate a facility of this size.
The vote on Authority member Norton's motion to adopt Resolution 90-07 approving
the club license was as follows: Yeas: Norton and Wawro. Nays: Cooper,
Crowfoot, Mael, and Poncelow.
THE MOTION FAILED.
Request from Novak's Restaurant Management
of Fort Collins, Inc., dba Novak's Little
Budapest, 146 North College, to Change,
Alter. or Modify the Premised. Approved
(Secretary's Note: Authority member Mael disclosed that his wife works with Mr.
Novak's wife but he did not perceive that it would not affect his decision in
this matter.)
Joseph Novak, owner, described the current building. He stated that the
existing licensed area is 1850 square feet and they are adding a 1000 square
foot patio that will be open 5 months of the year. He indicated the restaurant
seats 49 and the patio will seat 28. Mr. Novak noted the proposed water
fountain shown on the floorplan was being eliminated. He noted that beer taps
will be located inside of the locked area in the wait station and be accessible
to waiters only. He indicated the patio extends 35 feet into the lot with a 6'
August 15, 1990
landscape buffer. He stated the patio is enclosed by a building on the north
wall, walls on the west and south sides, and a fence on the east side. He
indicated the patio will provide a rear entrance for customers. He noted there
will be permanent, separate staffing for the patio, which will vary from 1 to
4 people depending on the day of the week. He stated they would like to add
refrigeration space for kegged beer on the patio to provide a greater service.
He indicated he does not believe adding the kegged beer would change the ratio
of alcohol sales. He noted adding kegged beer would allow him to provide the
same services at a more reasonable cost. He stated he believes it would be too
cost prohibitive to enclose the patio to make available for year-round dining.
He indicated the purpose of adding the patio is to add more seating for dining.
Assistant City Attorney John Duval referred to Regulation 47-106.2 in defining
what constitutes a substantial change to a premise.
Authority member Norton made a motion, seconded by Authority member Crowfoot,
to find the proposed modification of Novak's Little Budapest, 146 North College,
is substantial. Yeas: Cooper, Crowfoot, Mael, Norton, Poncelow, and Wawro.
Nays: None.
THE MOTION CARRIED.
Authority member Wawro
hold a hearing of the
Norton, Poncelow, and
THE MOTION CARRIED.
made a motion, seconded
proposed modification.
Wawro. Nays: None.
by Authority member Crowfoot, to
Yeas: Cooper, Crowfoot, Mael,
Joseph Novak, owner, was sworn. He presented Assistant City Attorney John Duval
with letters of support from business owners and customers in the surrounding
neighborhood and described these to the Authority. He stated he had brought 3
witnesses with him.
Mr. Duval stated that Applicant's Exhibit A, identified as letters of support,
were admissible into evidence.
Michael Mockler, 168 North College and 112 Trimble Court, was sworn. He stated
he has known Mr. Novak since he began his business. He noted he has an office
directly north of Mr. Novak's establishment. He praised Mr. Novak's integrity
and the way he operated his business, which he considered one of the best -run
in the city. He stated Mr. Novak will directly contribute to the revitalization
of Old Town.
Mr. Steve Orner, owner of Walrus Ice Cream, stated his feelings were the same
as Mr. Mockler's and he, too, believes the patio addition will enhance Old Town.
Maggie Kunze, Executive Director of Downtown Business Association, expressed her
support for the expansion of Novak's Little Budapest. She stated that patios
add to the ambiance of Old Town and increase business revitalization of the
downtown area.
In response to questions from the Authority, Mr. Novak stated there were no
negative comments in talking about the expansion to other business owners on the
block. He noted his main focus is as a dining establishment and he is not
• August 15, 1990
adding the patio to create a beer garden
problems with serving alcohol.
He indicated he has had no prior
Authority member Cooper made a motion, seconded by Authority member Crowfoot,
to approve the modification of Novak's Little Budapest, 146 North College.
Yeas: Cooper, Crowfoot, Mael, Norton, Poncelow, and Wawro. Nays: None.
THE MOTION CARRIED.
Hearing on a New Application for a
Retail Liquor Store License at
Fort Collins Warehouse Liquors,
4700 Boardwalk Drive, Approved
Robert Dill, attorney with the firm of Dill and Dill, stated he was representing
the applicant.
Monte Huber, applicant, was sworn. He stated he has been a Fort Collins
resident since the 1950's and gave his history. He indicated he has not worked
in a retail packaged liquor business. He noted he did manage the Catacombs
Restaurant in Boulder for 3 years after college. He stated he also worked in
2 tavern -licensed athletic clubs. He indicated that to prepare himself for this
business venture, he has worked for the past 2 months at Pace in Aurora and
plans to do so for 2 more months. He estimated that 85% of his business, which
will be located in the Fort Collins Pace Warehouse, will come from Pace members
and the rest from the general public. He stated that his area in Pace will be
approximately 2800 square feet with a 14' high chain -link fence around it. He
noted that at present he does not plan to have refrigerated liquor products for
sale. He stated he plans to operate a discount retail liquor store. He
identified and presented 5 photos taken at the Aurora Pace store. He noted the
photos show an operation similar to his plans to merchandize his products. He
indicated he will carry a selection of spirits, beer, and wine.
Assistant City Attorney John Duval stated Applicant's Exhibit F, identified as
5 photos, are admissible into evidence.
Mr. Huber stated he will have 2 full-time and 2 to 3 part-time employees, which
may increase during the holiday season. He indicated he plans to be an on -site
owner/manager. He noted the retail liquor stores closest to Pace. He stated
his store will not be open late at night and will not have cold storage of
liquor. He noted most of his customers will be buying beer by the case or large
bottles of liquor, not dropping by for a cold six-pack of beer. He indicated
he believes with the growth in south Fort Collins and with his discount price
structure, there is a need for an additional retail liquor outlet. He described
the Pace facility, stating their square footage is probably a total of 100,000
square feet. He noted there are about 50 Pace stores throughout the country,
owned by K-Mart, with some of them leasing out space to liquor stores in the
same manner as the Fort Collins location.
In response to questions from the Authority, Mr. Huber stated he will hire his
own employees and they will not be connected with Pace. He indicated his
customers will pay for the liquor at his own cash register and make out any
checks to his establishment, that everything is totally separate from Pace. He
• • August 15, 1990
noted he does not know if they could take their purchases into Pace afterwards
while shopping there or whether they would need to stop at his store after
shopping at Pace. He described his floorplan and stated Pace will reconfigure
their internal design to make his entrance accessible to the public as well as
Pace members. He indicated that Pace's involvement in his business will be only
in leasing the space to him. He noted he plans to train his employees in liquor
sales the same way as the Aurora Pace trains theirs. He stated he has also
read the Colorado liquor code book and is well aware of the different
identifications appropriate to purchase alcohol and he intends to be very strict
in running a proper business. He indicated he plans to put together an employee
training manual.
(Secretary's Note: The following witnesses were all sworn at once and testified
together, stating they each owned businesses or resided within the designated
boundaries):
I. Gary Uphoff, 2807 Fairborough, owner and vice-president,
Environmental Management Services, located on Whalers Way
immediately across from Pace.
2. Dan Huber, applicant's brother, 1325 Springfield Drive, CPA
and principal at Kunkler Wholesale Food Service, located 4
blocks east of Pace on Harmony.
3. Bruce Meyers, 1504 West Trilby Road, general manager and
vice-president, Cables End, 165 East Boardwalk.
Upon questioning from Mr. Dill, all three men stated they were over the age of
21, consume alcoholic beverages on occasion, and were familiar with existing
liquor stores in the area. They indicated they believe there is a need for an
additional liquor store in the neighborhood.
Mr. Uphoff stated he believes an additional licensed store would be one of
convenience and, because of the inventory volume, would be more cost effective.
Mr. Meyers noted he agreed with Mr. Uphoff and added he believes the increased
square footage would give a better selection, particularly of wines.
Mr. Huber indicated buying liquor wholesale is a definite advantage.
Max Scott, Oedipus, Inc., was sworn. He submitted Applicant's Exhibit A,
identified as a summary report of the petition results, and Applicant's Exhibits
B, C, D, and E, identified as petitions. He described the petitioning process.
Mr. Duval stated Exhibits A through E are admissible into evidence.
Mr. Scott summarized the results of the petitioning. He indicated that 296
(96%) individuals signed in favor of issuance of the license and 15 signed in
opposition. He stated these are excellent survey results.
Authority member Cooper made a motion, seconded by Authority member Norton, to
adopt Resolution 90-08 approving the application for a retail liquor license at
Fort Collins Warehouse Liquors, 4700 Boardwalk Drive. Yeas: Cooper, Crowfoot,
Mael, Norton, Poncelow, and Wawro. Nays: None.
THE MOTION CARRIED.
• August 15, 1990
Hearing on a New Application for a
Hotel -Restaurant License at Casita Morales,
4200 South College. Suite A. Approved
Mary Louisa Morales, 937 SW 21st Street, Loveland, and Margarito Morales, 2939
Yew Drive, Loveland, were sworn.
Mr. Morales explained the business they want to start in Fort Collins would
offer traditional, homemade Mexican food. He stated they have owned a
restaurant in Loveland, called Mi Tierra, for about 13 years. He indicated they
plan to have a small lounge as a waiting area. He approached the Assistant City
Attorney with his petitions. He stated there have been no violations at the
Loveland restaurant in the 10 years they have had a liquor license.
Assistant City Attorney John Duval stated there were several problems with the
petitions. He indicated he could not tell whether the same person circulated
all the petitions. He also noted the affidavit does not indicate the petitions
were circulated in the established boundaries of the neighborhood. He stated
Mr. Morales might want to explain the problems. He noted the petitions do not
appear to be filled in as to the type of liquor license nor do they name the
establishment.
Mr. Morales stated that Steve Scohy circulated the petitions. He noted Mr.
Scohy explained the restaurant to people when circulating the petitions.
Mr. Duval stated that Applicant's Exhibit A, the petition with the affidavit,
is admissible into evidence, but Exhibit B, the petition without the affidavit,
is not.
Authority member Cooper made a motion to accept Exhibit A only.
THE MOTION DIED FOR LACK OF A SECOND.
Authority member Wawro made a motion, seconded by Authority member Crowfoot, to
accept Exhibit A, while taking note of Exhibit B. Yeas: Crowfoot, Mael,
Norton, Poncelow, and Wawro. Nays: Cooper.
THE MOTION CARRIED.
In response to questions from the Authority, Mr. Morales spoke of how he will
train the waitstaff. He noted they will card everyone. He indicated that the
patio area will be fenced in. He noted the bartender can see through the glass
to the patio to monitor it and that waitstaff will also be present on the patio.
He stated that the Market Place will be doing the remodeling and that if
additional funds are necessary, they will come from the bank.
Authority member Cooper made a motion, seconded by Authority member Crowfoot,
to adopt Resolution 90-09 approving the application for a hotel -restaurant
license at Casita Morales, 4200 South College, Suite A. Yeas: Cooper,
Crowfoot, Mael, Norton, Poncelow, and Wawro. Nays: None.
lI:1Nt�[ifi[il�til1131�71
• • August 15, 1990
Show Cause Hearing for Gators,
1220 West Elizabeth
Greg Denton, appearing on behalf of MCP, Inc., dba Gators, stated they did not
wish to stipulate to the violation.
Dee Deyen, police officer, was sworn. She stated that on May 16, 1990, at 1:16
a.m., she responded to a call from a person who indicated she had been assaulted
at Gators. She noted the victim's name was Christine Thompson.
Christine Thompson, 4305 Dixon, Timnath, was sworn. She stated she was at
Gators on May 16, 1990, and had not been drinking. She noted she arrived at
Gators around 9:00 or 10:00 that evening. She indicated she had seen Misty
Moore there and that she had known her previously. She stated that Ms. Moore
began to make threats against her and gave an example. She indicated Ms. Moore
had previously assaulted her, was charged, and a fine was imposed. Ms. Thompson
described the assault, which began when she walked off the dance floor. She
noted she had various bruises and scratches from the assault and hair pulled
out. She indicated that other patrons helped pull Ms. Moore off her. Ms.
Thompson stated she then asked the bouncers to call police and they refused.
She indicated she had to go across the street to a pay phone to call the police.
She noted a person named Kerri witnessed part of the assault.
Under cross-examination by Mr. Denton, Ms. Thompson stated Kerri Holmes
accompanied her to the pay phone. She indicated Ms. Holmes was not with her at
Gators and did not witness the conversation with the doorman. She noted Ms.
Moore's verbal threats began around 11:00 p.m., but she did not report the
verbal threats to the doorman then. She stated she gave the doormen Ms. Moore's
name. Ms. Thompson stated she has known Ms. Moore for some time and that she
lived down the street from her for several years. She indicated again that the
doorman who took her around the establishment refused to call the police on her
request.
Officer Deyen stated that she took the report from Ms. Thompson and there was
loose hair all over her clothes and in the patrol car. She indicated Ms.
Thompson also had red marks on her. She noted it was quite evident that Ms.
Thompson's hair had been pulled.
Kerri Griffith, 2513 Stanford Road, was sworn. She stated she was at Gators the
evening of the assault but was not with Ms. Thompson. She indicated she
witnessed the beginning of the assault as Ms. Thompson walked off the dance
floor. She noted she and a friend saw Ms. Thompson about 45 minutes later in
the parking lot. She noted that they discussed what had happened and that she
later filled out a statement.
Under cross-examination by Mr. Denton, Ms. Griffith stated she observed Ms.
Moore pull Ms. Thompson's hair but did not see either of them rolling on the
floor. She indicated she did not see two men pulling them apart. She noted she
was about 10 feet away from where Ms. Thompson stated the assault took place.
Under questioning by Officer Deyen, Ms. Thompson stated Gators was very crowded
that evening. She indicated the dance floor was packed. She noted she believed
• • August 15, 1990
a person on the dance floor that night would not have been able to see what took
place off the dance floor.
In response to questions from the Authority, Ms. Thompson stated the assault
occurred around 12:30 a.m. and that she contacted the doorman immediately
afterwards. She noted it was 20 to 30 minutes after the incident that she
called the police. She indicated Ms. Moore's previous assault occurred in
Denny's Restaurant in 1989. She stated she and the bouncer did not go to the
second level of the dance floor to look for Ms. Moore. She estimated there were
at least 200 to 250 people at Gators that night. She noted that the assault
occurred on a Tuesday night during Teen Night and there was not a live band.
She stated she had been to Gators two or three times prior to the incident. She
noted it was more crowded the night of the assault than on other nights.
In response to questions from the Authority, Ms. Griffith stated she did not
notice any clapping when the fight broke up. She indicated she noticed in the
parking lot that Ms. Thompson was upset and angry that no one would help her.
Under cross-examination by Mr. Denton, Officer Deyen stated she did not approach
anyone at Gators regarding the incident. She indicated she did not do this
because by the time she arrived and took Ms. Thompson's and Ms. Griffith's
statements, most of the crowd was dispersing and she wanted to find the suspect.
She noted that according to the statements, the doorman had said Ms. Moore left
the area. She stated she did not find Ms. Moore that evening although she
looked for her. She indicated the day shift personnel did find her the
following morning and arrested her for an outstanding warrant.
Greg Hunter, 3400 Stanford, B221, stated he was employed at Ranchway Feeds and
has also worked as a doorman at Gators for 7 or 8 months. He indicated he was
present at Gators the evening of the reported assault. He noted Ms. Thompson
came to him at the door and stated a girl had hit her. He indicated another
doorman, Eric Stroot, was with him that night. Mr. Hunter stated he was the
first person to take Ms. Thompson's report of being hit by another girl. He
noted she did not give him a name or description of the girl, nor did she ask
him to call the Police Department. He indicated he told Mr. Stroot to take Ms.
Thompson inside and see if she could locate and point out the girl she accused
of hitting her so they could take appropriate action. He stated that Gators'
policy is to evict people who cause disturbances, and if the circumstances
merit, press charges. He noted that Ms. Thompson gave him no other information
relevant to the assault. He indicated Mr. Stroot and Ms. Thompson were inside
approximately 10 to 15 minutes. He stated he does not know who Ms. Moore is nor
could he identify her if she were sitting in the room. He noted when Ms.
Thompson came back to the door, he told her she could use the pay phone nearby
to call the police to file charges. He indicated she did not make the call or
stay there. He stated there was no identification of the person who was accused
of pulling Ms. Thompson's hair.
Under cross-examination by Officer Deyen, Mr. Hunter stated Ms. Thompson
contacted him first and he then asked Mr. Stroot to go through the establishment
with Ms. Thompson. He noted he told her she could use the phone nearby.
In response to questions from the Authority, Mr. Hunter indicated Gators' policy
on a incident such as this is to find the individual and get as much information
as possible. He stated he did not know why he did not ask Ms. Thompson for a
• • August 15, 1990
description of the suspect that evening. He noted had Mr. Stroot and Ms.
Thompson found Ms. Moore, she would have been brought to the door. He indicated
because the two did not bring anyone to the door, he had no reason to believe
there was anyone who had assaulted Ms. Thompson. He noted there were S to 10
bouncers on the floor that night and they had ample opportunity to observe a
fight. He estimated there were 250 people in Gators that evening. He stated
he has previously called the police about disturbances there. He indicated he
did so if a person requested him to or if he could see a situation getting out
of control. He noted he has called the police maybe once or twice since he has
been at Gators. He stated if there had been a fight on the dance floor or
anywhere else that evening, bouncers would have seen it and brought the people
to the door. He stated the manager is in charge of supervising the bouncers.
Under redirect from Mr. Denton, Mr. Hunter described the dimensions of the dance
floor and its proximity to the bar. He noted the people there have a view of
the entire dance floor. He indicated there were no areas where the bouncers
could not view the dance floor. He stated from the second level the bouncer can
see the entire dance floor. He noted that from the pool table area, a bouncer
can see part of the dance floor. He indicated he sent Mr. Stroot with Ms.
Thompson back into the bar to find the girl who allegedly assaulted her and
identify her.
Mr. Denton called Eric Stroot.
Eric Stroot, 3400 Stanford, B221, stated he was the bouncer who accompanied Ms.
Thompson throughout Gators that evening to identify the person alleged to have
assaulted her. He noted they spent approximately 10 minutes searching for the
suspect. He indicated that when Ms. Thompson came to the door claiming to have
been hit, he saw no marks on her. He stated she did not say her hair had been
pulled nor did he notice any loose hair on her. He noted she was more angry
than upset. He indicated she did not give him the name of the person who she
said had hit her. He stated they did not find the girl during their search.
He noted that once they were in the bar, Ms. Thompson indicated she believed the
girl had left the establishment already. He indicated that the girl would have
had to walk past them if she had left. He noted that when Ms. Thompson came to
him, she indicated that she had just been hit. He described the area in which
everything allegedly happened and how it would have been impossible for the
suspect to leave without Ms. Thompson's seeing her. Mr. Stroot stated at no
time did she describe what the other girl was wearing. He noted that Ms.
Thompson led him to where the incident occurred, on the opposite side of the
bar. He indicated there was an emergency exit door nearby where a bouncer is
required to be, but he did not recall there was one there that evening. He
stated had they found the girl, they would have confronted her about the fight,
and had either party wanted to press charges, they would have called the Police
Department. He noted after he accompanied Ms. Thompson back to the front door
and outside, she spoke about calling the police and he answered, "The police can
be called". He indicated he did not recall if she asked him to call the police.
He stated he did not say he would call the police for her or that she should
call the police, but that the police could be called. He noted Ms. Thompson
then left Gators.
Under cross-examination by Officer Deyen, Mr. Stroot stated when he first made
contact with Ms. Thompson by the front door, he did not recall whether she
indicated she wanted to stay at the front door or go back into the bar. He
• August 15, 1990
noted that while they were at the door, she indicated she thought the other girl
might leave. He stated rather than wait there for the individual, he had Ms.
Thompson accompany him back into the bar because they needed to get the person
out if she was going to make more trouble. He noted that Ms. Thompson said
nothing about calling the Police Department until after he and she made their
search and returned to the door. He indicated that at no time did Ms. Thompson
describe the person as the girl in the pink jumpsuit.
In response to questions from the Authority, Mr. Stroot stated Gators' policy
on a reported assault is that if the person wants them to call the police, the
doormen will call. He indicated they will also call the police if an ID needs
to be looked at. He noted one of the owners trains the doormen what their job
is and what to do in certain incidents. He stated that they are told to find
any individual accused of an assault. He indicated the doormen are also
instructed to deal with assault incidents in the parking lot. He noted Ms.
Thompson did not go into the parking lot directly when she left Gators that
night. He stated that when Ms. Thompson first approached them at the door, he
did not ask for a description of the suspect because he knew they would have to
pass the person on the way into the bar if she tried to leave. Mr. Stroot then
described the floorplan of the areas involved. He noted it might have been
possible for Ms. Moore to have gone out the door before Ms. Thompson got there.
He stated he believes the doormen would have observed anything unusual about Ms.
Moore's leaving the bar had she been hurrying to get out. He indicated that
when there is an incident where the doormen call the police, the doormen notify
the owners. He noted if they do not know the police have been called, as they
didn't that evening, the doormen do not notify the owners of the reported
incident. He stated he has been a doorman at Gators for about 8 months. He
indicated he has never called the police during that time. He noted he was not
aware of any sign posted in Gators indicating that the police will be called in
the event of a disturbance.
Tim McKeon, owner/manager, was sworn. He stated that on the night of August 16,
he was present at Gators but had not been aware of a disturbance. He indicated
that Gators' policy for reporting disturbances, such as arguing and shoving, was
based on severity. He noted that if someone reports a fight to a doorman, the
doorman is supposed to find out what occurred and try to find the other
individual as soon as possible to prevent further trouble. He stated the
management leaves it up to the doormen whether or not to call the Police
Department. He indicated many people tend to blow minor incidents out of
proportion. He stated the doormen do not need the manager's permission to call
the police if they feel the situation warrants calling. He noted managers are
notified about any incident severe enough to call the Police Department. He
stated they review the evening's events each night, and that the first time he
heard of this incident was when they received the notice to come to the
Authority. He indicated he was not aware that evening of any employee allowing
the incident between Ms. Thompson and Ms. Moore to occur. He noted he did not
receive any complaint himself from Ms. Thompson. He stated that after receiving
the notice to appear before the Authority, he asked his employees if they
remembered the incident that was alleged to have occurred that evening and no
one did. He noted it was not until thinking about it that the employees began
to remember the alleged incident. He indicated all his employees were
authorized to call the police about any disturbance or assault.
r1
• August 15, 1990
In response to questions from the Authority, Mr. McKeon stated there are no
written guidelines about handling such incidents but that they do review any
significant incidents each night and discuss how to deal with certain
situations. He noted that apparently the doormen did not believe the incident
that night had occurred and so did not discuss it. He indicated Ms. Moore could
have left the bar before Ms. Thompson arrived to tell the doormen. He stated
the doormen should have gotten a description of the suspect that evening. He
noted that in the 10 months he has been an owner/manager, he has personally
notified the Police Department of a disturbances 3 or 4 times. He indicated
Gators does not have a sign posted regarding notifying police in the event of
a disturbance. He stated physical assaults are not common at Gators. He noted
there are 4 people who are owners and/or managers at Gators but 1 owner lives
out of state. He indicated that the other 3 are always present in the
establishment. He stated there are no written training procedures but that a
new doorman receives verbal instructions. He noted on a busy night there are
8 to 10 bouncers on the floor in addition to the doormen. He indicated that on
Teen Night people begin leaving around 12:15 a.m. and things slow down. He
stated there are some female bouncers.
Mr. Denton recalled Ms. Thompson.
Ms. Thompson stated that at the time of the assault, to the best of her
knowledge, no Gators employee encouraged or permitted the alleged assault to
take place. She indicated that the men who pulled Ms. Moore from her and who
lifted Ms. Thompson to her feet were unknown to her but they were not bouncers.
In making her closing statement, Officer Deyen indicated it was quite obvious
the disturbance did occur and someone was assaulted and injured at Gators. She
noted there were people in the establishment who were aware the assault took
place and that Ms. Thompson contacted them. Officer Deyen indicated Ms.
Thompson received little or no cooperation from the doormen in notifying the
Police Department about the disturbance and this was shown by the fact that Ms.
Thompson believed she had to go outside the establishment to phone the police.
She stated Ms. Thompson was in the Gators parking lot with Ms. Griffith when she
took the report from her and was still obviously upset about the disturbance.
Mr. Denton stated in his closing remarks that perhaps the doormen could have
shown a bit more compassion towards Ms. Thompson that evening. He indicated he
did not believe the doormen understood the severity of the situation as seen
from Ms. Thompson's point of view. He pointed out, however, that (1) the
regulation which MCP, Inc., dba Gators, is charged with was not violated in this
instance and that (2) the actions of the doormen, while perhaps not highly
professional in a police officer's opinion, were reasonable and appropriate.
He stated the doormen were aware that Ms. Thompson had no visible serious
injuries and that their instructions are to go back into the bar to find a
person accused of a disturbance. He noted that by doing that, the doorman
complied with the regulation that the establishment is being charged with
violating, which indicates no licensee shall permit a disturbance, assault, etc.
He indicated the regulation does not state the licensee shall call the police
immediately or investigate in the manner in which the police would do so. He
paraphrased the regulation and stated there may or may not have been an assault
the evening of May 16, 1990, but none was permitted by the licensee, and
therefore there was no violation of the regulation.
• August 15, 1990
Authority member Cooper made a motion, seconded by Authority member Crowfoot,
to find that no violation of Regulation 47-105.1.A. of the Colorado Liquor Code
occurred on May 16, 1990, at Gators, 1220 West Elizabeth.
Authority member Cooper stated that while he believes it is clear that Gators
did not permit the violation to occur, the owners of the establishment at the
very least are morally negligent and perhaps civilly negligent in giving proper
training and supervision of the employees.
Authority member Poncelow indicated she agreed with Mr. Cooper. She noted
perhaps the doormen treated the assault as "just another girl -type incident"
that wasn't considered worthy of serious attention by the doormen. She stated
it doesn't seem fair to the person who was obviously upset enough by it to call
the Police herself. She indicated she hoped this type of thing would be taken
seriously in the future by Gators.
The vote on Authority member Cooper's motion was as follows: Yeas: Cooper,
Crowfoot, Mael, Norton, Poncelow, and Wawro. Nays: None.
THE MOTION CARRIED.
Pulled Consent Items
Authority member Mael, seconded by Authority member Norton, made a motion to
approve the July 11, 1990, minutes. Yeas: Crowfoot, Mael, Norton, and
Poncelow. Nays: None. Authority members Cooper and Wawro abstained.
II11�■�[�l!(�7�1[�illil��tZ
Police Report
Police Investigator Sandy Gibson reported on the number of minor violations
found by the State Liquor Enforcement at the SouthRidge Golf Course on July 18.
She noted the State will be handling those violations and will let her know the
outcome. Regarding the Authority's request that she check on the occupancy
capacity of Gators, she indicated she believes the Fire Department is doing its
own investigation. Ms. Gibson noted that the Northern Hotel is selling packaged
liquor and they are authorized to do so with a wholesaler's license.
Other Business
Election of Officers
Authority member Norton made a motion, seconded by Authority member Cooper, to
retain Authority member Poncelow as Chairperson. Yeas: Cooper, Crowfoot, Mael,
Norton, and Wawro. Nays: Poncelow.
THE MOTION CARRIED.
• • August 15, 1990
Authority member Norton made a motion, seconded by Authority member Crowfoot,
to nominate Authority member Mael as vice -Chairperson. Yeas: Cooper, Crowfoot,
Norton, Poncelow, and Wawro. Nays: None. Authority member Mael abstained.
THE MOTION CARRIED.
Executive Session Authorized
Authority member Cooper made a motion, seconded by Authority member Mael, to
adjourn to Executive Session to discuss pending litigation. Yeas: Cooper,
Crowfoot, Mael, Norton, Poncelow, and Wawro. Nays: None.
THE MOTION CARRIED.
Adiournment
The meeting was adjourned following the conclusion of the Executive Session.
Chairperson
Secretary