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HomeMy WebLinkAboutLiquor Licensing Authority - Minutes - 04/25/1990LIQUOR LICENSING AUTHORITY MINUTES Regular Meeting - April 25, 1990 6:30 p.m. A regular meeting of the Liquor Licensing Authority was April 25, 1990, in the Council Chambers of the Fort Building. The following members were present: Cooper, Guerrie, and Poncelow. (Authority member Mael arrive 6:35 p.m.) d held on Wednesday, Collins Municipal Crowfoot, Garber, at approximately Authority member absent: Norton. 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 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. Items of extreme controversy will be discussed near the end of the meeting under Pulled Consent Items. 3. Consider approval of the minutes of the March 28 regular meeting_ Report of Change of Corporate Structure for Dillon Companies Inc dba A. King Soopers #9, 1015 South Taft Hill Road. B. King Soopers #18, 2325 South College. This item represents a change of corporate structure for Dillon Companies, Inc., the 3.2% beer licensee for the King Soopers stores in Fort Collins. Don Gallegos is a vice-president of Dillon Companies, Inc. and is replacing Jim Baldwin as president of the King Soopers division. Mountain Fare, Inc., the hotel -restaurant licensee for Washington's Bar and Grill, is reporting a change in corporate officers and directors. Rand Ferris is replacing James Furry as president and director of the corporation. • • April 25, 1990 4. Toddy's of Fort Collins, Ltd., the 3.2% beer licensee for Toddy's of Fort Collins, 2601 South Lemay, is reporting a change of corporate structure. Current officers have changed positions within the corporation and Jeffrey Bedingfield has been brought in as a new officer and director of the corporation. Authority member Cooper made a motion, seconded by Authority member Guerrie, to adopt and approve all items not removed from the Consent Calendar. Yeas: Cooper, Crowfoot, Garber, Guerrie, and Poncelow. Nays: None. THE MOTION CARRIED. Report of Manager for Vicker's #2369. 803 Riverside, Approved Nancy Blackman, manager, stated although she had worked as the manager at other licensed stores, she had never been approved as the manager. She indicated that there were no violations at those stores. Ms. Blackman spoke of the training provided to employees at the establishment. She described the carding policies and noted that sales will not be made to intoxicated individuals or adults accompanied by teenagers if it appears the adult is buying for the teenagers. Ms. Blackman explained that the previous manager, Jody Olson, was promoted and transferred to a larger station. Authority member Garber made a motion, seconded by Authority member Crowfoot, to approve Nancy Blackman as manager of Vicker's #2369, 803 Riverside. Yeas: Cooper, Crowfoot, Garber, Guerrie, Mael, and Poncelow. Nays: None. THE MOTION CARRIED. Report of Change of Corporate Structure for The Sandtrap, Inc., dba Sandtrap at Southridge Clubhouse, 5750 South Lemay (Tavern) and Sandtrap at Southridge Golf Course, 5750 South Lemay (3.2%). Approved Kristine Olson, vice-president and treasurer of The Sandtrap, Inc., stated she had been an employee at the Sandtrap for 2 years prior buying into the corporation. She noted her only experience with liquor sales was during her employment at the Sandtrap. Ms. Olson explained how the 3.2% beer service on the golf course operates. She stated there have been no violations at the Sandtrap and noted that there will be no changes in the operation of the liquor concession. She stated Kim Anders will remain as an employee of the corporation. • • April 25, 1990 Authority member Guerrie made a motion, seconded by Authority member Crowfoot, to approve the change of corporate structure for the Sandtrap at Southridge Clubhouse and Sandtrap at Southridge Golf Course, 5750 South Lemay. Yeas: Cooper, Crowfoot, Garber, Guerrie, Mael, and Poncelow. Nays: None. THE MOTION CARRIED. Transfer of Ownership of Riverside Liquors, 315 Riverside, Approved Michael Bonin, Bonin Investments, Inc., spoke of his previous experience with the liquor industry through his work as an auditor. He stated he is familiar with the liquor laws and spoke of training he will provide to his employees. Mr. Bonin indicated he will retain the current employees at the establishment. He stated he will manage the establishment himself and will work the day shift. Authority member Cooper made a motion, seconded by Authority member Crowfoot, to approve the transfer of ownership of Riverside Liquors, 315 Riverside, from M.A.H., Inc. to Bonin Investments, Inc. Yeas: Cooper, Crowfoot, Garber, Guerrie, Mael, and Poncelow. Nays: None. THE MOTION CARRIED. Transfer of Ownership of People's Bar, 934 South Lemay, and Trade Name Change to Nightingales Approved Dick Gast, attorney representing Nightingales, Inc., stated Nightingales, Inc. is purchasing People's Bar and changing the name to Nightingales. He stated Richard Swan is the president/treasurer and 100% shareholder of the corporation and spoke of the felony conviction for the sale and possession of marijuana which was listed in Mr. Swan's background investigation questionnaire. Mr. Gast presented the Authority with letters of recommendation for Mr. Swan and spoke of Mr. Swan's rehabilitation since the felony conviction in 1983. Authority member Crowfoot stated she knows Mr. Swan and indicated she did not believe that would affect her decision in this matter. Richard Swan, applicant, spoke of his prior employment at People's Bar and stated there have been no violations at the establishment. In response to questions from the Authority, Mr. Swan described the circumstances surrounding his felony conviction. He indicated that he was under a great deal of stress at the time due to his father's death and financial difficulties. He explained that he had a roommate who smoked a lot of marijuana and that the roommate asked him to finance the purchase of a quantity of marijuana for resale by the roommate out of their apartment. He stated a person came to the door to make a buy when the roommate was not home and, since he knew where the marijuana was, he got the marijuana and • • April 25, 1990 made the sale. He stated the person was an undercover officer. Mr. Swan spoke of prior drinking habits and stated he now drinks occasionally due to allergic reactions to the alcohol. He stated there will be no changes in the operation of the establishment and noted he will retain the current employees. He stated he will manage the establishment himself. He indicated there will be entertainment at the establishment once or twice a month. Authority member Garber made a motion, seconded by Authority member Crowfoot, to approve the transfer of ownership of People's Bar, 934 South Lemay, from People's Bar, Inc. to Nightingales, Inc., and trade name change to Nightingales. Yeas: Cooper, Crowfoot, Garber, Guerrie, Mael, and Poncelow. Nays: None. THE MOTION CARRIED. Show Cause Hearing for Northern Dining and Bar Bazaar and Old Colorado Brewing Company, Inc., 172 North College, Violations Found and Seven -Day Suspension Imposed Bill Starke, president of the corporation which holds the liquor license, stated he was not willing to stipulate to the charges at this time. Spence Alvord, Fort Collins Police Department, was sworn. He described the events at the Northern Dining and Bar Bazaar on February 22, 1990. He stated the Police Department received an anonymous call indicating that there were approximately 400 people in the establishment and that there were a lot of people under age drinking. He stated when the officers entered through the Bar Bazaar and walked through the establishment they notice 5 to 15 people who appeared to be under age. Officer Alvord stated he made contact with Steve Hermann who was in possession of a beer. He noted Mr. Hermann did not have any identification with him and stated Mr. Hermann indicated he was 18 years of age. He stated Mr. Hermann did not have a stamp on his hand and that Mr. Hermann told him he was not carded when he entered the establishment. Officer Alvord stated he called for assistance and noted that just prior to the officers moving through the crowd the band made an announcement asking people who were not supposed to be drinking to put down their drinks so as not to ruin it for the other patrons. He stated he and Sergeant Wilson contacted Paul Bradley Judges on the stairway and noted Mr. Judges was holding a Busch beer. He stated Mr. Judges told him he was 19 years old. Officer Alvord testified that Mr. Judges also had a can of beer in his front pocket and that Mr. Judges brought both beers into the establishment with him. He stated he was unable to make any other contacts due to the band's earlier announcement. Steve Hermann, 377 Ingersoll Hall, was sworn. He stated he was in the establishment on the date of the incident. He stated he purchased a beer in the establishment. He stated his date of birth was March 2, 1971 and noted he was 18 years old at the time of the incident. L • April 25, 1990 In response to cross-examination by Mr. Starke, Mr. Hermann stated he had not met Mr. Starke prior to this evening. He stated another person bought a round of beers and that he got his beer from that person. Mr. Hermann responded to additional questions from Officer Alvord. Paul Bradley Judges, 1113 West Plum, was sworn. He stated he was contacted by Officer Alvord on the stairway. He stated he had an open can of beer in his hand and another beer in his pocket which he brought in from the car. He stated his date of birth was May 12, 1970 and noted he was 19 years old at the time of the incident. In response to cross-examination by Mr. Starke, Mr. Judges stated 2 officers questioned him and that Mr. Starke was there also. He stated Mr. Starke confirmed for the officers that he did not sell that particular brand of beer in the establishment. In closing, Officer Alvord stated there was a strong odor of marijuana in the establishment. He stated he talked to Mr. Starke about the odor and that Mr. Starke agreed that the odor was present, but indicated he couldn't do much about it. In response to a question from Mr. Starke, Officer Alvord stated he checked for marijuana use in the establishment, but did not find anyone in possession of marijuana. He explained that it is common for people to "ditch" drugs when police officers are present. In response to questions from the Authority, Officer Alvord described the layout of the establishment. He stated there were bouncers at the door and at the top of the stairs, and other employees watching the patrons. He described the procedures he observed being used at the College Avenue entrance for checking IDs. He stated people under the age of 21 were supposed to be restricted to the second floor. Officer Alvord admitted that incense can sometimes smell like marijuana. He stated Steve Hermann told him that he bought the beer himself and stated Hermann's testimony that he got it from another guy was a surprise to him. He stated it was difficult to identify who the employees were or how many were working. Steve Hermann was recalled by the Authority. He stated he gave money to another person who bought the beer. He stated he was asked for an ID at the door and was allowed in without a stamp on his hand. He indicated that he had consumed 4 or 5 beers before he got to the establishment. He stated he paid $2.00 or $3.00 to get in the door and had been there less than an hour when he was contacted by the officer. Mr. Hermann stated he went to the establishment with 4 friends, all of whom were under the age of 21. He indicated that the person who bought him beer probably knew that he was not 21 and stated he did not know the age of the person who bought the beer. He stated this was the first time he had visited the establishment. Paul Bradley Judges was recalled by the Authority. He stated the beer he brought into the establishment was 6% beer and indicated he brought the beers in in his pants pocket. He stated his hand was not stamped when he • • April 25, 1990 entered, and stated he stamped his hand himself when he left so that he could reenter the establishment. He stated when he entered the establishment he was directed to the second floor. He noted that people were allowed to go downstairs to dance. Mr. Judges stated that the bouncer at the top of the stairs was making sure people did not enter the second floor with drinks. He stated he did not smell marijuana and did not see any marijuana in the establishment. He stated he did see people underage drinking. He stated there was 1 person, maybe 2, at the door checking IDs. Bill Starke, the president of the licensee, was sworn. He explained the events taking place at the establishment on the night of the incident. He stated there were 3 bands playing that night and the intent was to allow people under 21 upstairs in the mezzanine. He stated there was a person at the back door sending people around to the front door, 2 people at the front door escorting people upstairs, and 3 people monitoring the upstairs. He admitted people under 21 probably did slip downstairs. He stated he did not dispute the evidence presented by the prosecution. Mr. Starke, therefore, on behalf of the licensee, stipulated to both violations. Authority member Garber made a motion, seconded by Authority member Cooper, to find that both violations did occur [Section 12-47-128(5)(a)(I) and Regulation 47-115.2.B.]. Yeas: Cooper, Crowfoot, Garber, Guerrie, Mael, and Poncelow. Nays: None. THE MOTION CARRIED. Officer Alvord stated he believed Mr. Starke was making an attempt to make a place for young people to go. He stated Mr. Starke's idea (using the second floor for underage people) was good in theory, but did not work in practice. He recommended that the employees should wear identifying clothing. He noted that Mr. Starke was cooperative when the police entered the establishment. He declined to make a recommendation regarding penalty. Secretary Rita Knoll advised the authority that the establishment, under the sole ownership of Mr. Starke, had received a letter of reprimand in September, 1988 for serving alcoholic beverages for after hours consumption. Mr. Starke stated the proceeds from that night went to the Rainforest Action group. He stated that night was financially detrimental to him. Mary Starke, corporate officer of the licensee, was sworn. She stated she was escorting people upstairs that night. She stated that the hands were supposed to be stamped, but admitted that some kids did not get stamped. She stated the people checking IDs at the door were not employees of the establishment. She indicated she did not smell marijuana in the establishment. Ms. Starke stated the Rainforest group was given instructions on checking IDs. Authority member Cooper made a motion, seconded by Authority member Guerrie, to levy a 7-day suspension, to be served within the next 45 days, and that the premises be posted. • • April 25, 1990 Authority member Cooper stated that the testimony indicates there were a large number of underage people in the establishment and that there was no control because of the size of the crowd. He stated Mr. Starke's cooperation with the Police Department was in his favor. Authority member Garber stated this incident shows how susceptible licensees are. He stated it was unreasonable for Mr. Starke to expect that there would not be problems. He stated he believed the 7-day suspension was warranted. Authority member Poncelow stated she would support the motion. She stated the hand -stamp policy does not work. The vote on Authority member Cooper's motion to levy a 7-day suspension was as follows: Yeas: Cooper, Crowfoot, Garber, Guerrie, Mael, and Poncelow. Nays: None. THE MOTION CARRIED. Show Cause Hearing for Old Town Ale House, 25 Old Town Sauare, No Violation Found Troy Fetters, manager, stated he would not stipulate to the charges. John VanderVliet, Fort Collins Police Department, was sworn. He stated he responded to a theft complaint at Old Town Ale House on February 28. He stated the complaint involved a woman leaving the establishment without paying the bill. He stated Troy Fetters, the manager on duty, asked him to give the woman a stiff warning and to collect the money for the bill. Officer VanderVliet stated Mr. Fetters had an odor of alcohol on his breath, that his speech was slurred, and his eyes were bloodshot and watery. Officer VanderVliet spoke of his experience as a law enforcement officer in detecting intoxicated individuals. He stated after dealing with the woman who left the establishment without paying, he reentered the bar and observed Mr. Fetters pour a drink and hand it to a person across the bar. He noted he did not see any money exchange hands. In response to cross-examination by Mr. Fetters, Officer VanderVliet stated it is impossible to determine the number of drinks consumed by smelling a person's breath. He admitted it was possible Mr. Fetters had a long day and that his eyes could have been red due to smoke in the bar. He agreed that it was smoky in the bar. He described the establishment as very crowded at the time of the incident and noted that there was one doorman on duty. Officer VanderVliet stated his first contact with Mr. Fetters was near the front door and lasted approximately 10 minutes. He stated he smelled alcohol on Mr. Fetters breath upon his initial contact with him. He stated he did not see Mr. Fetters stumble or trip. In response to questions from the Authority, Officer VanderVliet stated he bases his assessment of intoxication upon the odor of alcohol on a person's breath, slurred speech, watery and bloodshot eyes, demeanor, and attitude. • 9 April 25, 1990 He stated he did not confront Mr. Fetters after he observed him serving a drink, and noted he called the report in as information only. He stated he could not say whether Mr. Fetters was within the legal limit to be driving. Officer VanderVliet admitted Mr. Fetters was not given an opportunity to have his level of intoxication tested. He explained the disposition of the theft case. Troy Fetters, manager, was sworn. He stated a week before the incident he began working double shifts. He explained the circumstances surrounding the theft complaint. He stated he worked 15 hours on the date of the incident. He admitted he had a beer or 2 during his dinner break, but indicated he was not intoxicated. He stated his only notification of a problem was when his employer received a certified letter regarding the show cause hearing. In response to cross-examination by Officer VanderVliet, Mr. Fetters stated he worked 15 hours and did not eat lunch or dinner. He stated he did not remember the amount of beer he consumed. He stated the establishment has strict policies regarding drinking on the job. He stated he had a maximum of 2 beers between 6 p.m. and 9 p.m. In response to questions from the Authority, Mr. Fetters stated employees are not allowed to consume alcohol while in uniform and that employees are not allowed to drink on the premises prior to starting a shift. He indicated he does not drink hard liquor, and has occasionally had a beer or 2 while on duty. He disputed Officer VanderVliet's testimony by saying he wanted to press charges against the woman for theft. Mr. Fetters stated he would not let an intoxicated employee work, but would probably allow an employee to work if they had consumed one drink. He stated he is an owner and manager of the establishment. He indicated he does not wear a uniform. Authority member Cooper made a motion, seconded by Authority member Guerrie, to find that a violation did occur (Regulation 47-105.1.A.). Authority member Cooper stated he believed Mr. Fetters did drink on the job, in violation of the establishment's policies. Authority member Garber stated he would not support the motion. He stated he did not find anything in the liquor code which supports the charge. He stated that the officer did not follow up and that the manager had no way to defend himself. Authority member Mael agreed and stated that the burden of proof was not met by the prosecution. The vote on Authority member Cooper's motion was as follows: Yeas: Cooper and Guerrie. Nays: Crowfoot, Garber, Mael, and Poncelow. THE MOTION FAILED. Police Report 11 0 April 25, 1990 Police Investigator Sandy Gibson updated the Authority on the cases against The Page and The Sportsman. The Authority provided Officer Ernie Tellez with feedback regarding recent show cause hearings. Other Business Secretary Rita Knoll requested that the July 18 meeting be rescheduled for July 11 for administrative reasons. The Authority agreed to the date change. Executive Session Authorized Authority member Guerrie made a motion, seconded by Authority member Garber, to adjourn into Executive Session for the purpose of discussing the pending TDMH lawsuit. Yeas: Cooper, Crowfoot, Garber, Guerrie, Mael, and Poncelow. Nays: None. THE MOTION CARRIED. Adjournment At the conclusion of the Executive Session, Authority member Cooper made a motion, seconded by Authority member Crowfoot, to adjourn. Yeas: Cooper, Crowfoot, Garber, Guerrie, Mael, and Poncelow. Nays: None. THE MOTION CARRIED. The meeting was adjourned at approximately 9:12 p.m. via-CVai rperson Secretary