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HomeMy WebLinkAboutLiquor Licensing Authority - Minutes - 05/23/1990LIQUOR LICENSING AUTHORITY MINUTES Regular Meeting - May 23, 1990 6:30 p.m. A regular meeting of the Liquor Licensing Authority was held on Wednesday, May 23, 1990, in the Council Chambers of the Fort Collins Municipal Building. The following members were present: Cooper, Garber, Guerrie, Mae], and Norton. Authority member absent: Crowfoot and Poncelow. Staff Members Present: John Duval, City Attorney's Office Rita Knoll, City Clerk's Office Sandy Gibson, Police Department Consider Approval of the Minutes of the April 25, 1990 Regular Meeting Authority member Cooper made a motion, seconded by Authority member Norton, to approve the minutes of the April 25, 1990 regular meeting. Yeas: Cooper, Garber, Guerrie, Mael, and Norton. Nays: None. THE MOTION CARRIED. Consideration of an Application from the Downtown Business Association for a Special Events Permit in Old Town Square on June 30, 1990 Approved Maggie Kunze, Executive Director of the Downtown Business Association, described the event planned for June 30. She stated this is a new event in Fort Collins and noted that similar festivals have been very successful in Denver and Oregon. She stated that this event will bring people into the downtown area and will give the local breweries exposure. She stated the event will include food vendors, and ethnic and musical entertainment. Ms. Kunze noted approximately 10 breweries from Colorado will be invited to participate. She stated the event will run from 11 a.m. to 6 p.m. She stated the State Liquor Enforcement Division has been consulted regarding how this event will work within the scope of the liquor laws. (Secretary's Note: The hours of operation for this event were amended to read 10 a.m. to 7 p.m. to include set-up and clean-up time.) Ms. Kunze indicated that private security will be hired for the event, in addition to volunteer staff that will be working the event. She spoke of the carding procedures that will be used and noted that 50 cent tickets will be sold which can be exchanged for a 2 ounce "taster" glass of beer. She stated at the point where the tickets are sold, individuals will be • • May 23, 1990 carded and have their hand stamped. Ms. Kunze stated they intend to have the Police Department help train the volunteers on checking ID's. She stated she would welcome other suggestions for checking ID's and identifying individuals who are old enough to drink. Authority member Cooper spoke of problems that have occurred at other establishments when a hand -stamping system has been used. He advised Ms. Kunze not to put her sole faith in the fact that a hand -stamping system will keep juveniles from obtaining the beer. Authority member Garber also spoke of the risks involved in using a hand -stamp system. He questioned how the sale of multiple beers to one individual will be handled. Authority member Norton stated she would support the application, but would feel more comfortable if something other than a hand -stamp system were used. Authority member Mael also expressed concern about the hand -stamping system. Brad Page, brewmaster at Coopersmiths, stated he was aware of other ways to identify people who have been carded and stated they were willing to look into other ways to insure compliance with the liquor laws. Authority member Norton made a motion, seconded by Authority member Guerrie, to approve a special events permit for the Downtown Business Association in Old Town Square on June 30, 1990. Yeas: Cooper, Garber, Guerrie, Mael, and Norton. Nays: None. THE MOTION CARRIED. Other Business Bill Starke, Northern Dining and Bar Bazaar and Old Colorado Brewing Company, 172 North College, spoke of recent punishments levied against the County Cork for gambling related charges and asked the Authority to reconsider the 7-day suspension imposed against his establishment by the Authority at its April 25 meeting. Authority member Garber stated that any actions by the District Attorney's Office on criminal matters is separate from any actions by the Liquor Licensing Authority. He pointed out that the County Cork also received a $10,000 fine for that incident. He noted that the County Cork may still come before the Authority for possible liquor law violations. In response to a question from the Authority, Assistant City Attorney John Duval stated that a member of the Authority who was on the prevailing side of the motion which imposed the penalty could make another motion to reconsider the matter. There being no motions from the Authority, the subject was closed. • May 23, 1990 Police Report Police Investigator Sandy Gibson advised the Authority of a complaint she received from Jim Reidhead regarding noise at Lindens. She stated Mr. Reidhead lives in the downtown area, apparently across the street from Lindens. She stated Mr. Reidhead indicated that the Police have been called to the establishment many times over the past 8 years for noise complaints. Ms. Gibson indicated that her research of the records shows there were 2 complaints from 1983 through 1985 which resulted in cases being made. She noted that the Department did not start tracking service calls until 1988. In 1989, from April through October, 1 noise complaint was made in July, 3 in August, 2 in September, and 2 in October. She noted a case was made on August 16 and that a summons was issued on October 10 for noise violations. She noted that the owner of the establishment was given a deferred prosecution with the stipulation that he remain law-abiding for a specified period of time. Ms. Gibson asked the Authority if they wanted to pursue the matter. Police Officer Ernie Tellez stated the summons was issued by Officer Murphy. He stated he has consulted with Officer Murphy several times, and apparently the problem occurs when the front door of the establishment is opened when patrons leave. He stated Mr. Reidhead's home is located across the street and receives the noise from the establishment, which disrupts his sleep. He stated apparently Mr. Reidhead has been trying to sell his property and Mr. Reidhead believes that the noise is impacting his ability to sell the property. Officer Tellez spoke of other establishments in the area and noted other sources of noise in the neighborhood. He stated he did know whether this situation was a liquor violation or a civil matter. He noted Mr. Reidhead is the only person who has complained about the noise and noted that there are other housing units in the neighborhood. Authority member Cooper stated he did not see any need for the Authority to take any action unless the Police Department was specifically requesting the Authority to find that probable cause exists for a show cause hearing. Ms. Gibson stated she had presented all of the information she was able to obtain on the issue and stated it was now up to the Authority to determine whether any further action is needed. Authority member Garber stated Mr. Reidhead is always welcome to appear before the Authority to make a complaint, but stated at this point he did not believe there was any evidence to indicate a show cause hearing would be appropriate. Dave Sauter, State Liquor Enforcement Division Field Investigator, updated the Authority on recent enforcement activities in Fort Collins. He noted the Division will be taking administrative action against the County Cork. He advised the Authority that Nora Escobedo, the licensee for The Page, surrendered her liquor license in connection with four or five liquor code violations. He stated that the Sportsmans Bar stipulated to a charge relating to the conduct of the establishment and was given a 15-day • 0 May 23, 1990 suspension, with 10 days to be held in abeyance. He stated the licensee was granted permission to pay a fine in lieu of serving the 5 active days of the suspension. Mr. Sauter stated Gene's Tavern stipulated to 3 minor violations and was given a 9-day suspension, with 6 days held in abeyance. He indicated the licensee was allowed to pay a fine in lieu of the 3 active days of the suspension. He stated the State will forward a copy of the executed documents for the establishments. He noted the local Authority could hold also hold hearings on these matters, but stated generally only 1 of the licensing jurisdictions (state or local) handles a violation. Mr. Sauter advised the Authority that the legislature recently eliminated the prohibition of election day sales. Other Business Continued The Authority discussed recent correspondence from the City Attorney regarding open meetings. Adjournment Authority member Mael made a motion, seconded by Authority member Guerrie, to adjourn. Yeas: Cooper, Garber, Guerrie, Mael, and Norton. Nays: None. THE MOTION CARRIED. The meeting was adjourned at approximately 7:20 p.m. /� e Chairperson/ Secretaetar �— ry