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HomeMy WebLinkAboutLiquor Licensing Authority - Minutes - 07/11/1990LIQUOR LICENSING AUTHORITY MINUTES Regular Meeting - July 11, 1990 6:30 p.m. A regular meeting of the Liquor Licensing Authority was held on Wednesday, July 11, 1990, in the Council Chambers of the Fort Collins Municipal Building. The following members were present: Crowfoot, Guerrie, Mael, Norton, and Poncelow. Authority member absent: Cooper. (Secretary's Note: As of the date of this meeting, one vacancy on the Authority had not been filled.) Staff Members Present: John Duval, City Attorney's Office Wanda Krajicek, City Clerk's Office Sandy Gibson, Police Department Hearing on a New Application for a 3.2% Beer License at Convenience Plus. 382 East Mountain. Approved Bob Mauch, District Manager for Convenience Plus, was sworn. He spoke of training that is provided to employees of Convenience Plus and stated he had prepared a policy manual for the Authority to review. Applicant's Exhibit A was admitted into evidence and identified as an Operating Procedures and Instructions Manual. Mr. Mauch stated that the green section of the manual is a portion of the training materials provided to employees. He indicated that employees attend a full -day seminar on alcohol sales. He stated this section is the basic training program that an employee goes through before selling alcoholic beverages. Mr. Mauch spoke of a "night ride" system where management level personnel go to locations and attempt to purchase alcohol after hours, consume alcohol on the premises, etc. to see if the clerks are prepared to handle such situations. He stated the company policy is to check identification of anyone who appears to be under 40 years old and stated that an employee's failure to check an ID is grounds for immediate termination. He noted the company has been in the convenience store business in Colorado for 20 years and indicated that none of the stores in his district have been charged with liquor violations. He indicated that the company does not hire anyone under 21 years of age. Max Scott, Oedipus, Inc., was sworn. He outlined his experience with regard to the processing of liquor license applications. Applicant's Exhibit B was admitted into evidence and identified as a summary report of the petition results. • • July 11, 1990 Mr. Scott described the petitioning process used and summarized the results of the petitioning effort. He stated 247 signatures and 3 verbalizations were obtained in support of the application, and 32 signatures and 4 verbalizations were in opposition to the application. He indicated the resulting 87% in favor of the application was unusually high for a 3.2% beer license. In response to a question from the Assistant City Attorney, Mr. Scott explained that the signatures on the petitions which were marked with an asterisk indicated that those signatures did not meet necessary criteria and were stricken from the petitions. With the consent of the Assistant City Attorney, Applicant's Exhibit C was admitted into evidence and identified as the petition packet, consisting of 4 sets. Mr. Mauch stated there will be approximately 7 employees at the store. He described the layout of the store and the beer cooler. He stated the hours of operation at the store will be 5:00 a.m. to 12 midnight. Authority member Mael made a motion, seconded by Authority member Guerrie, to adopt Resolution 90-06 approving the application for a 3.2% beer license at Convenience Plus, 382 East Mountain. Yeas: Crowfoot, Guerrie, Mael, Norton, and Poncelow. Nays: None. THE MOTION CARRIED. Carol Wessels, manager, stated she worked at the Convenience Plus on Harmony Road from October 1989 to May 1990. She indicated she started as a part-time employee and eventually became Assistant Manager. She spoke of the training program provided to employees and stated she will be partially responsible for training new employees at the store. Ms. Wessels spoke of a DUI arrest in her past and stated it was not indicative of a continual problem. She stated there were no liquor violations at the store on Harmony Road. Authority member Norton made a motion, seconded by Authority member Guerrie, to approve Carol Sue Wessels as manager of Convenience Plus, 382 East Mountain. Yeas: Crowfoot, Guerrie, Mael, Norton, and Poncelow. Nays: None. THE MOTION CARRIED. Police Report Police Investigator Sandy Gibson stated she received a letter from the man who owns the antique store across from the Eagles Club. She stated the Eagles Club has applied for a liquor license and noted that the application would be heard by the Authority in August. She stated she has not been able to contact this individual to date. She indicated that she was currently researching the history of the Eagles Club. • • July 11, 1990 Ms. Gibson stated the show cause hearing for Gators will also be coming to the Authority in August. In response to a request from the Authority, Ms. Gibson stated she would investigate overcrowding problems at Gators. Authority member Poncelow questioned whether it was legal for Old Colorado Brewing (Northern Hotel) to sell beer to go. Assistant City Attorney Duval indicated he believed Old Colorado Brewing has a wholesaler license which allows them to sell their product to go. Authority member Poncelow asked if the City had received a response from Lindens regarding the noise problem. Ms. Gibson stated she had not heard anything. Other Business (Secretary's Note: Section 16-17 of the City Code provides that the Liquor Licensing Authority shall also act as the Massage Licensing Authority.) Assistant City Attorney Duval brought to the Authority's attention a memorandum he prepared at Councilmember Winokur's request. He stated there had been a change in the law regarding massage parlor licensing and stated Councilmember Winokur would like a response from the Authority, in the form of a recommendation, on the effect the change will have on the Massage Licensing Authority. Authority member Norton stated the question is whether to leave it the way it is (new state law) and not deal with licensing other than what the state statute requires. She stated the Massage Licensing Authority could not be abolished because there is at least one establishment which has to be licensed under the statute. She stated she has found the process for licensing therapists awkward and noted that there has never been a problem with therapists in Fort Collins. Assistant City Attorney Duval explained that the statute now allows anyone who is a graduate of an accredited massage therapy school to set up massage therapy business without getting approval from anyone, as long as it is compatible with zoning laws, etc. He stated zoning laws and covenants will provide some regulation on the location of establishments. Police Investigator Gibson stated she was aware of only one problem with a licensed therapist and noted she did not believe it was a problem which required police action. Authority member Norton stated she did not believe it was necessary to go above and beyond the requirements of the state statute. Authority member Norton made a motion, seconded by Authority member Crowfoot, to recommend to the City Council that the City of Fort Collins • July 11, 1990 ordinances follow the state statute regulating massage parlors. Yeas: Crowfoot, Guerrie, Mael, Norton, and Poncelow. Nays: None. THE MOTION CARRIED. Adiournment Authority member Mael made a motion, seconded by Authority member Guerrie, to adjourn. Yeas: Crowfoot, Guerrie, Mael, Norton, and Poncelow. Nays: None. THE MOTION CARRIED. The meeting was adjourned at approximately 7:10 p.m. O� Chairpersoyl Secretary