Loading...
HomeMy WebLinkAboutLiquor Licensing Authority - Minutes - 03/30/1983• 9 LIQUOR LICENSING AUTHORITY Regular Meeting - March 30, 1983 7:30 P.M. A regular meeting of the Liquor Licensing Authority was held on Wednesday, March 30, 1983, in the Council Chambers of; the City of Fort Collins Muni- cipal Building. Roll call was answered by the following members: Bujack, Long, Monaghan, and Sheahan. Boardmembers Absent: Oldham, Veazie, and Wilson. Staff Members Present: Debbie Caster, City Clerk's Office Frank Russell, Police Department Pete Ruggiero, City Attorney's Office Minutes of the Regular Meeting of March 2, 1983, Approved as Amended Authority member Bujack noted that the address for Pasta Plus should be 149 North College instead of 149 South College Avenue. Authority member Bujack made a motion, seconded by Authority member Monaghan, to approve the minutes of the regular meeting of March 2, 1983, as amended. The Vice -Chairman put the motion with the following votes: Yeas: Bujack, Long, Monaghan, and Sheahan. Nays: None. Resolution Expressing Support for H.B. 1448 Relating to Amendments to the Colorado 3.2% and Liquor Codes Wanda Krajicek, City Clerk, stated the Liquor Code Study Committee has been working on H.B. 1448 for almost one year. She stated the bill is basically a housekeeping and a clarification bill to update the liquor and 3.2% codes. Mrs. Krajicek urged the Authority to consider adopting the Resolu- tion so that it can be forwarded to the Legislature for their support. Authority member Bujack made a ghan, to adopt the Resolution Monaghan, and Sheahan. Nays: motion, seconded by Authority member Mona - supporting H.B. 1448. Yeas: Bujack, Long, None. -2- March 30, 1983 Renewal Application for Ace Liquors, 200 East Mountain Avenue Authority member Bujack made a motion, seconded by Authority member Shea- han, to approve the renewal for Ace Liquors, 200 East Mountain Avenue. The Vice -Chairman put the motion with the following votes: Yeas: Bujack, Long, Monaghan, and Sheahan. Nays: None. Renewal Application for Electric Stampede, 214 Linden Authority member Bujack made a motion, seconded by Authority member Shea- han, to approve the renewal for Electric Stampede, 214 Linden. The Vice -Chairman put the motion with the following votes: Yeas: Bujack, Long, Monaghan, and Sheahan. Nays: None. Renewal Application for Paul's Pizza, 1301 West Elizabeth Authority member Bujack made a motion, seconded by Authority member Shea- han, to approve the renewal for Paul's Pizza, 1301 West Elizabeth. The Vice -Chairman put the motion with the following votes: Yeas: Bujack, Long, Monaghan, and Sheahan. Nays: None. New Application Accepted for a 3.2% Fermented Malt Beverage License (Class B) for Fast Lane, 200 West Horsetooth Road Mr. Paul Murphy, representative for the applicant, stated there are no objections to the neighborhood boundaries. Authority member Bujack made a motion, seconded by Authority member Mona- ghan, to accept the boundaries as proposed by the administration and set the final hearing for April 27, 1983. The Vice -Chairman put the motion with the following votes: Yeas: Bujack, Long, Monaghan, and Sheahan. Nays: None. -3- March 30, 1983 New Application Accepted for a Hotel -Restaurant License for Bisetti's Italian Restaurant, 120 South Coll Authority member Monaghan made a motion, seconded by Authority member Bujack, to accept the application and set the preliminary hearing for April 27, 1983, and the final hearing for May 25, 1983. The Vice -Chairman put the motion with the following votes: Yeas: Bujack, Long, Monaghan, and Sheahan. Nays: None. Change in Class of License for Paul's Pizza, 1301 West Elizabeth Mr. Paul Oberg, owner, stated that he is requesting to change his 3.2% license from a Class A (on premises only) to a Class C (on and off prem- ises). He stated his main reason for requesting the change is to increase his sales revenue. He stated customers will be carded at the counter at the time of purchase. Authority member Monaghan made a motion, seconded by Authority member Bujack, to approve the change in class of license for Paul's Pizza, 1301 West Elizabeth. The Vice -Chairman put the motion with the following votes: Yeas: Bujack, Long, Monaghan, and Sheahan. Nays: None. Special Events License (3.2%) for Rawhide Marathon Foundation, October 16, 1983 Mr. Earl Wilkinson, representative for Rawhide Marathon Foundation, stated the marathon will be held on October 16, 1983. The race will start at the Rawhide Power Plant and will end at the Platte River Power Authority office building. Mr. Wilkinson explained that last year was the first year for the marathon. He stated that the special events license is being requested for the runners after the race. He explained that the beer is given away to the runners and the workers in the race to replenish carbohydrates lost during the race. Mr. Wilkinson stated that the area where beer is to be consumed will be roped off. He stated it will be a controlled area where only runners and workers in the race will be allowed to enter. Officer Frank Russell stated that the event ran very well last year and recommended that the Authority approve the special events license. -4- March 30, 1983 Authority member Bujack made a motion, seconded by Authority member Mona- ghan, to approve the special events license for Rawhide Marathon Foundation on October 16, 1983 between the hours of 8 a.m. and 4 o.m. The Vice -Chairman put the motion with the following votes: Yeas: Bujack, Long, Monaghan, and Sheahan. Nays: None. Special Events License (3.2%) for Fort Collins Council on the Arts and Humanities June 11, 1983 and June 12. 1983 Ms. June Lindenmeyer, Chairperson for Fort Collins Festival of the Arts, stated this is the 3rd Annual festival. She stated the festival includes booths, arts and crafts, entertainment, food, and beer. The event will take place June 11 and 12, 1983, at the Lincoln Center. The money raised during the event will go toward next year's event. Ms. Lindenmeyer stated the beer concession will be located outside the Lincoln Center. The outside premises will be enclosed by a 5-foot snow fence. She stated people will be stationed at the two entrances at all times. These people will be responsible for checking for ID's and making sure no one leaves the premises with a beer. During the event, Ms. Lindenmeyer stated Magnolia and Meldrum Streets will be blocked off. She added that approval to block off the streets was received by the Traffice Engineering Department. Authority member -Monaghan made a motion, seconded by Authority member Bujack, to approve the special events license for the Fort Collins Council on the Arts and Humanities on June 11, 1983 between 10 a.m. and 8 p.m. and on June 12, 1983 between 10 a.m. and 8 p.m. The Vice -Chairman put the motion with the following votes: Yeas: Bujack, Long, Monaghan, and Sheahan. Nays: None. Special Events License (3.2%) for Fort Town, May 21, 1983 Due to an emergency, Mrs. Jane Van Velson, events manager for the Fort Town event, was not able to attend the hearing. The Authority unanimously decided to table the item to the end of the meeting. Special Events License (Liquor) for Downtown Rotary Club of Fort Collins May 21 and 22, 1983 Mr. Dave Dwyer, representative for the Rotary Club, stated their event is -5- March 30, 1983 a fund raising event that will involve a cocktail party, dinner, and a raffle. He added that Rotary held the same event last year with no prob- lems. The event will be held at the CSU Lory Student Ballroom on May 21, 1983, from 5 p.m. to 2 a.m. Mr. Dwyer noted that the bartenders will be professional bartenders. Members of the club will be checking ID's at the door to ensure enveryone that enters is of age. In addition, Mr. Dwyer said that the bartenders will be instructed to check for ID's at the bar if they question anyone's age. Authority member Bujack made a motion, seconded by Authority member Mona- ghan, to approve the special events license for the Downtown Rotary Club of Fort Collins on May 21 and 22, 1983, between 5 p.m. and 2 a.m. The Vice -Chairman put the motion with the following votes: Yeas: Bujack, Long, Monaghan, and Sheahan. Nays: None. Preliminary Hearing for a Beer and Wine License for Smith's Spudworks; 626 South College Avenue The boundaries as proposed by the Administration were as follows: North from the subject premises to Cherry Street. West from the subject premises to Shields Street. South from the subject premises to Prospect Street. East from the subject premises to Willow Street extended to City Limits extended to Lemay Avenue. Mr. Scott Smith, part owner, stated the boundaries are acceptable. Authority member Bujack made a motion, seconded by Authority member Shea- han, to accept the boundaries as proposed for Smith's Spudworks, 626 South College Avenue. The Vice -Chairman put the motion with the following votes: Yeas: Bujack, Long, Monaghan, and Sheahan. Nays: None. Preliminary Hearing for a Beer and Wine License for Pasta Plus, 149 North College Avenue The boundaries as proposed by the Administration were as follows: March 30, 1983 North from the subject premises to Hickory Street extended to Conifer Street. West from the subject premises to Shields Street. South from the subject premises to South Drive extended to University Avenue extended to East Elizabeth. East from the subject premises to Lemay Avenue and City Limits. Mr. Shannon Hayashi, owner, stated the boundaries are acceptable. Authority member Bujack made a motion, seconded by Authority member Shea- han, to accept the boundaries as proposed for Pasta Plus, 149 North College Avenue. The Vice -Chairman put the motion with the following votes: Yeas: Bujack, Long, Monaghan, and Sheahan. Nays: None. Show/Cause Hearing for Gene's Tavern, 200 Walnut Assistant City Attorney Pete Ruggiero stated that Mr. Kapperman, owner of Gene's Tavern, will stipulate to the facts contained in the police report. Pete stated that on January 28, 1983, at approximately 3:55 a.m., an employee of Gene's Tavern served a drink to a customer in the bar. Officer Barrett entered the establishment and found the drinks on the floor behind a wall. These drinks were confiscated and entered into evidence. Authority member Bujack made a motion, seconded by Authority member Mona- ghan, to determine that a violation did occur at Gene's Tavern, 200 Walnut, on January 28, 1983. The Vice -Chairman put the motion with the following votes: Yeas: Bujack, Long, Monaghan, and Sheahan. Nays: None. Mr. Gene Kapperman, owner of Gene's Tavern, 200 Walnut, was sworn. Mr. Kapperman admitted to the violation but pointed out to the Authority that Officer Barrett did not actually see his employee mix the drinks that were found. He stated the drinks could have been left and never cleaned up prior to 2 a.m. Mr. Kapperman stated that he has written rules and poli- cies regarding the liquor laws posted in his office for his employees' reference. He added that he routinely reviews these rules with his bartenders. Mr. Kapperman stated the employee no longer works for him. He stated he does not work in the bar at night, but pointed out that he will frequently make spot checks within the bar at night to make sure everything is running properly. -7- March 30, 1983 Assistant City Attorney Pete Ruggiero stated that the Police Department is recommending a one day suspension. Authority member Bujack made a motion, seconded by Authority member Mona- ghan, for a one day suspension to be served on a business day at the convenience of the owner within the next 30 days and that the premises be posted. The Vice -Chairman put the motion with the following votes: Yeas: Bujack, Long, Monaghan, and Sheahan. Nays: None. Show/Cause Hearing for Banana's Restaurant, 3500 South College Avenue Officer Dan Preller, police officer for the City of Fort Collins, was sworn. Officer Preller stated that on March 1, 1983, at approximately 4:30 p.m., he conducted a follow-up investigation at Banana's to see if they had posted the proper signs required by the Colorado State Liquor Code. On that day, Officer Preller stated no signs were posted. It was noted that Officer Russell had originated the initial investigation on February 10, 1983. Mr. Bruce Westhusin, Vice -President of Operations for Banana's, stated that at the time Officer Russell contacted them, the information regarding the signs was given to the general manager. Mr. Westhusin explained that the manager has since left and word was never passed on to him. Mr. Westhusin assured the Authority that the matter is being taken care of now that he has been informed. Authority member Bujack made a motion, seconded by Authority member Mona- ghan, to determine that a violation did occur at Banana's, 3500 South College Avenue. The Vice -Chairman put the motion with the following votes: Yeas: Bujack, Long, Monaghan, and Sheahan. Nays: None. Assistant City Attorney Pete Ruggiero stated that the Police Department is recommending a letter of reprimand be issued. Authority member Bujack made a motion, seconded by Authority member Mona- ghan, to issue a letter of reprimand to Banana's, 3500 South College Avenue. The Vice -Chairman put the motion with the following votes: Yeas: Bujack, Long, Monaghan, and Sheahan. Nays: None. -8- March 30, 1983 Show/Cause Hearing for Red Robin Burger and Spirits Emporiums 215 East Foothills Parkway, Suite 158 Assistant City Attorney Pete Ruggiero stated that Red Robin stipulates to the violation and proceeded to inform the Authority of the violation. Pete stated that on March 1, 1983, Officer Preller was advised by Officer Russell that a prior inspection of the premises was made on February 10, 1983. Because the appropriate signs were not found on the premises, a verbal warning was given to the management. On March 1 Officer Preller was asked to conduct a follow-up investigation. On that day, the appropriate signs as required by Statute were still not posted on the premises. Authority member Bujack made a motion, seconded by Authority member Mona- ghan, to determine that a violation did occur at Red Robin Burger and Spirits Emporiums, 215 East Foothills Parkway, Suite 158. The Vice -Chairman put the motion with the following votes: Yeas: Bujack, Long, Monaghan, and Sheahan. Nays: None. Mr. Angel Dumancas, Director of Operations for Red Robin, stated that although they do not have signs as provided for in State Statute, Red Robin does have their own sign which is posted at the entrance of the lounge. He stated their sign basically states the same thing as what is required by State law. Assistant City Attorney Pete Ruggiero stated that the State Statute is very explicit and requires a verbatim message that the sign has to contain. Officer Frank Russell added that at the time of his initial investigation, he informed an employee of the restaurant that their sign was not suffi- cient. Assistant City Attorney Pete Ruggiero stated that the Police Department is recommending a letter of reprimand be issued. Authority member Monaghan made a motion, seconded by Authority member Bujack, to issue a letter of reprimand to the Red Robin Burger and Spirits Emporium, 215 East Foothills Parkway, Suite 158. The Vice -Chairman put the motion with the following votes: Yeas: Bujack, Long, Monaghan, and Sheahan. Nays: None. Final Hearing for a 3.2% Fermented Malt Beverage License for The Junction Eating Place, 518 West Laurel Due to scheduling conflicts with Oedipus, Inc., a surveying firm out of -9- March 30, 1983 Boulder, the applicant requested that this item be tabled to April 27, 1983. Authority member Sheahan made a motion, seconded by Authority member Bujack, to table the final hearing for The Junction Eating Place, 518 West Laurel, to April 27, 1983. The Vice -Chairman put the motion with the following votes: Yeas: Bujack, Long, Monaghan, and Sheahan. Nays: None. Special Events License (3.2%) for Fort Town, May 21, 1983 No one was present to represent this item. Authority member Bujack made a motion, seconded by Authority member Shea- han, to table the special events license application for Fort Town to April 27, 1983. The Vice -Chairman put the motion with the following votes: Yeas: Bujack, Long, Monaghan, and Sheahan. Nays: None. Other Business Secretary Debbie Caster informed the Authority that the Hotel -Restaurant License for the E1 Burrito expired January, 1983. She stated the Authority needed to decide whether the applicant can renew at this late date or if a new appliation is required. It was noted that State Authorities feel a new application is needed, but that they will defer to the judgment of the local Authority. Mr. Jesse Godinez, owner, stated that his 3.2% license always expired in September. Therefore, he stated he was not expecting a renewal in January. In response to a question by the board, Officer Russell stated the E1 Burrito has never had a violation. Authority member Monaghan made a motion, seconded by Authority member Bujack, to retroactively renew the liquor license for E1 Burrito, 404 Linden. The Vice -Chairman put the motion with the following votes Long, Monaghan, and Sheahan. Nays: None. Yeas: Bujack, -10- March 30, 1983 Police Report Officer Frank Russell requested a show/cause hearing for a violation occuring at the E1 Burrito. Specifically, on March 22, 1983, Officer Russell inspected the premises and found that the El Burrito was serving liquor without.a license. (The license expired in January, 1983.) The Authority stated the restaurant will have to remain closed until the renewal is received and that is sufficient action in this case. Authority member Monaghan made a motion, seconded by Authority member Bujack, to determine that there is not sufficient evidence to conduct a show/cause hearing. The Vice -Chairman put the motion with the following votes: Yeas: Bujack, Long, Monaghan, and Sheahan. Nays: None. Officer Russell stated he sent a letter of concern to Gene's Tavern con- cerning a failure to report a disturbance. He stated that under the liquor code, it is not a mandatory requirement that all disturbances be reported. Officer Russell stated that this is why this is not a liquor violation. Officer Russell stated a letter of concern was also sent to Mi Valentina for denying a patron entry into the restaurant in a forceful manner. Officer Russell stated this is not a clear cut violation of the code but that the owners were advised to contact the Police Department in the future rather than handling a similar situation themselves. Adjournment Authority member Bujack made a motion, seconded by Authority member Monaghan, to adjourn. The Vice -Chairman put the motion which was unanimously adopted. The meeting was adjourned at approximately 8:55 p.m. Vice -Chairman cretary