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HomeMy WebLinkAboutLiquor Licensing Authority - Minutes - 03/02/1983a LIQUOR LICENSING AUTHORITY Regular Meeting - March 2, 1983 7:30 P.M. A regular meeting of the Liquor Licensing Authority was held on Wednesday, March 2, 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, Oldham, Sheahan, Veazie and Wilson. Staff Members Present: Debbie Caster, City Clerk's Office Frank Russell, Police Department Greg Denton, City Attorney's Office Minutes of the Regular Meeting of February 2, 1983, Approved as Published Authority member Long made a motion, seconded by Authority member Bujack, to approve the minutes of the regular meeting of February 2, 1983, as published. The Chairperson put the motion with the following votes: Yeas: Bujack, Long, Monaghan, Sheahan, Veazie and Wilson. Abstain: Oldham. Renewal Application for The Town Pump, 124 South College Avenue Authority member Bujack made a motion, seconded by Authority member Oldham, to approve the renewal for the Town Pump, 124 South College Avenue. In addition, the Authority requested that the City Attorney's Office send a letter accompanying the renewal reminding the licensee of their violation within the last licensing year and that they should be certain to obey all liquor laws in the future. The Chairperson put the motion with the following votes: Yeas: Bujack, Long, Monaghan, Oldham, Sheahan, Veazie and Wilson. Nays: None. Secretary's Note: Assistant City Attorney Greg Denton stated that the attorney representing Linden's has indicated that the applicants will stipulate to the facts in the Police Report. He asked the authority to consider excusing the City's witness, Officer Day of the Sheriff's Office. The Authority unanimously decided to excuse Officer Day. -2- March 2, 1983 New Application Accepted for a Beer and Wine License for Smith's Spudworks, 626 South College Avenue Authority member Long made a motion, seconded by Authority member Bujack, to accept the application and set the preliminary hearing for March 30, 1983, and the final hearing for April 27, 1983. The Chairperson put the motion with the following votes: Yeas: Bujack, Long, Monaghan, Oldham, Sheahan, Veazie and Wilson. Nays: None. New Application Accepted for a Beer and Wine License for Pasta Plus, 149 North College Avenue Authority member Long made a motion, seconded by Authority member Bujack, to accept the application and set the preliminary hearing for March 30, 1983, and the final hearing for April 27, 1983. The Chairperson put the motion with the following votes: Yeas: Bujack, Long, Monaghan, Oldham, Sheahan, Veazie and Wilson. Nays: None. Special Events License (3.2%) for Lambda Chi Alpha Fraternity, April 21, 1983 Mr. Scott Verigg, events manager, stated the event will take place in the back yard of the fraternity house located at.709 Wagner Drive. He stated the yard will be fenced in by a temporary fence. He stated the event will include live entertainment and beer sales. Mr. Verigg stated the funds raised from the event will go toward the fraternity house. In addition, 10% of the profits will go to the Lincoln Center. He added that three off -duty police officers will be present to help patrol the area, check for ID's, etc. Mr. Verigg stated the event will take place on April 21, 1983 from 2 p.m. to 10 p.m. Authority member Long made a motion, seconded by Authority member Veazie, to approve the special events license for Lambda Chi Alpha Fraternity, 709 Wagner Drive, on April 21, 1983, between the hours of 2 p.m. and 10 p.m. The Chairperson put the motion with the following votes: Yeas: Bujack, Long, Monaghan, Sheahan, Oldham, Veazie and Wilson. Nays: None. -3- March 2, 1983 Final Hearing for a 3.2% Fermented Malt Beverage License for The Junction. 518 West Laurel Authority member Long made a motion, seconded by Authority member Bujack, to table the final hearing to March 30, 1983, to allow the applicant to complete the filing of their application and the City to complete the investigation process. The Chairperson put the motion with the following votes: Yeas: Bujack, Long, Monaghan, Oldham, Sheahan, Veazie and Wilson. Nays: None. Show/Cause Hearing for Linden's, 214 Linden Assistant City Attorney Greg Denton stated the attorney representing Linden's has three witnesses and has offered to allow the show/cause hearing for the County Cork to be heard first. The Authority unanimously agreed to proceed with the show/cause hearing for County Cork. Show/Cause Hearing for County Cork, 2439 South College Avenue, Suite 1, Unit C Assistant City Attorney Greg Denton presented the facts contained in the police report. On January 27, 1983, at approximately 7:30 p.m. Officer Frank Russell received a complaint of a football pool being conducted at the County Cork. Upon his investigation, Officer Russell observed em- ployees of the establishment soliciting individuals to participate in the pool. In addition, he witnessed exchange of money by participants in the pool. At this point, Officer Russell advised a Mr. Roy Miller, an em- ployee, that it is a violation of the liquor code to engage in gambling. He confiscated the football pool card and advised Mr. Jake Maas, manager of County Cork, of the violation that had occurred. Mr. Jerry Maas and Mr. Jake Maas, owners of the County Cork, were present. Authority member Bujack made a motion, seconded by Authority member Shea- han, to determine that a violation did occur at the County Cork. Mr. Jake Maas, co-owner, stated that the football pool was provided as a service to their customers and not used as an inducement for business. He stated many other licensed establishments in town were conducting football pools on Superbowl Sunday. L7 -4- March 2, 1983 Mr. Jerry Maas, co-owner, stated that he and his son Jake have been part- ners together for five years. He stated they have never received a vio- lation. In addition, Mr. Maas stated that he has always conducted football pools and no other state has considered this to be a violation. Mr. Maas stated, however, that they will not conduct a pool again. Mr. Jake Maas stated he feels there is some controversy in the law in regard to gambling. He pointed out that selling lottery tickets is not considered a violation of the law. He stated he feels this is inducement. Mr. Maas went on to say that they run a respectable business and it is not their intent to do illegal business. Officer Russell stated the Police Department is recommending a two-day suspension. Authority member Monaghan made a motion, seconded by Authority member Sheahan, to direct the City Attorney's Office to send a letter of reprimand to the owners of the County Cork, 2439 South College Avenue, Suite 1, Unit C. Authority member Long stated he feels that the owners have violated the State Liquor Code and that a letter of reprimand is not sufficient. The Chairperson put the motion with the following votes: Yeas: Bujack, Monaghan, Oldham, Sheahan, Yeazie and Wilson. Nays: Long. Show/Cause Hearing for Linden's, 214 Linden Assistant City Attorney Greg Denton stated that the licensees have agreed to stipulate to the facts contained in the police report for violations occurring on August 6 and August 25, 1982. Mr. Rock Sorenson, attorney representing the applicants, stated they will agree to the fact that liquor was dispensed after hours but that they will not stipulate to the statement that the curtains were drawn after closing to prevent police officers from looking in on August 6, 1982. Assistant City Attorney Greg Denton presented the facts contained in the police report. Officer Donald Day of the Larimer County Sheriff's Office was working undercover at Linden's on August 6, 1982 at approximately 2:30 A.M. and observed Mr. Gordon Scherbinski, owner and manager, serve a bottle of beer to everyone in the bar. Mr. Tom Short, owner, informed everyone in -5- March 2, 1983 the bar that there would be no charge for the beer. In addition, on August 28, 1982, Officer Day was present at Linden's. At approximately 2:50 A.M., Officer Day purchased a round of drinks for everyone in the bar. Authority member Oldham made a motion, seconded by Authority member Monag- han, to determine that a violation did occur at Linden's on August 6, 1982, and August 25, 1982. Rock Sorenson called his first witness, Tom Short. Mr. Tom Short, co-owner of Linden's, was sworn and stated he has been operating Linden's since approximately June, 1982. Mr. Short stated he feels the type of crowd at Linden's has improved substantially under the new management. Mr. Short explained that during the month of August he lost some employees of the bar, including the manager. He stated he was working another daytime job at that time and addded that it was difficult working a regular job and trying to run the bar. In addition, Mr. Short stated he was experiencing some personal problems during the month of August. Mr. Short stated, however, that he knows that these reasons are no excuse for violating the law. Mr. Short briefly explained the procedures in closing the bar. He explained that it is a policy to draw the curtains after closing for safety reasons. He stated it is not to keep police from looking into the bar. In reference to the violation occurring on August 25, Mr. Short explained that a member of the band was leaving and there was a farewell good-bye given for him. He stated only a few friends and employees were in the bar after hours for the occasion. Mr. Gordon Scherbinski, owner of Linden's, was sworn and stated he was present the evening of August 6, 1982 and not the evening of August 25, 1982. Mr. Scherbinski stated the business had recently lost some employees and was left short-handed. He stated he was also working a daytime job at the time and found it difficult to work a regular job and run the bar at the same time. He explained that the entire month of August was very hectic. Mr. Scherbinski stated the clientele at the bar has improved since they took over the management. (Secretary's Note: The third witness who was present to give testimony was unable to stay.) In his closing statements, Mr. Sorenson asked the Authority to take into consideration that the licensees have turned the bar around considerably since their management. He pointed out that Linden's has received no other violations. Officer Russell stated the Police Department is recommending a three-day suspension. Authority member Monaghan made a motion, seconded by Authority member Bujack, that the violations be considered together and that a two-day -6- March 2, 1983 suspension be served on two consecutive business days at the convenience of the owner within the next 30 days and that the premises be posted. The Chairperson put the motion with the following votes: Yeas: Bujack, Long, Monaghan, Oldham, Sheahan and Wilson. Nays: Veazie. Police Report Officer Frank Russell requested a show/cause hearing be conducted for a violation occurring on March 1, 1983, at Red Robin Burger and Spirits Emporiums, 215 E. Foothills Parkway, Suite 158. Authority member Bujack made a motion, seconded by Authority member Oldham, to determine that there is probable cause and scheduled the show/cause hearing to be held on March 30, 1983. The Chairperson put the motion with the following votes: Yeas: Bujack, Long, Monaghan, Oldham, Sheahan, Veazie and Wilson. Nays: None. Officer Russell requested that a show/cause hearing be conducted for a violation occurring on March 1, 1983, at Bananas, 3500 South College Avenue. Authority member Bujack made a motion, seconded by Authority member Oldham, to determine that there is probable cause and scheduled a show/cause hearing to be conducted on March 30, 1983. The Chairperson put the motion with the following votes: Yeas: Bujack, Long, Monaghan, Oldham, Sheahan, Veazie, and Wilson. Nays: None. Adjournment Authority member Long made a motion, seconded by Authority member Oldham, to adjourn. The Chairperson put the motion which was unanimously adopted. The meeting was adjourned at approxim tely 9,45 i Chairperson