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HomeMy WebLinkAboutLiquor Licensing Authority - Minutes - 07/26/1978LIQUOR LICENSING AUTHORITY Regular Meeting - July 26, 1978 7:30 P.M. A regular meeting of the Liquor Licensing Authority was held on Wednesday, June 26, 1978, at 7:30 p.m. in the City Council Chambers of the City of Fort Collins Municipal Building. Roll call was answered by the following members: Bean, Renz, Seegmiller, and Wilson. Absent: Long. Staff members present: Sgt. Bob Mason, Police Department Wanda Krajicek, Deputy City Clerk Also: Assistant City Attorney Ramsey Myatt Renewals for the following listed establishments, approved Renewal application for a Beer and Wine license for Pelican Fish, 3512 South Mason. Renewal application for a 3.2% Fermented Malt Beverage license for 7-Eleven, 505 South Shields. Renewal application for a Hotel -Restaurant license for Act 1, 215 East Foothills Parkway. Renewal application for a Beer and Wine license for the Gondolier, 746 North College. Authority member Bean made a motion, seconded by Authority member Rena, to approve the above listed renewal applications. The Chairman put the motion which was unanimously adopted. New application accepted for a Hotel -Res- taurant license submitted by 2925, Inc. dba La Fonda de Acebo. 2925 S. College Ave Kim Peterson, an attorney with the firm Holm & Dill, Denver, appeared representing the applicant. Authority member Renz made a motion, seconded by Authority member Bean, to accept the above listed application and set the preliminary hearing date for August 23 and the final hearing for September 20, 1978. The Chairman put the motion which was unanimously adopted. -1- J4iy 26, 1978 New application accepted for a Beer and Wine license submitted by Ada Chen dba Fortune Cooky Foods, 1720 W. Mulberry Authority member Bean made a motion, seconded by Authority member Renz, to accept the above listed application and set the preliminary hearing date for August 23, and the final hearing date for September 20, 1978. The Chairman put the motion which resulted in the following vote: Yeas: Bean, Renz, Seegmiller, and Wilson. Nays: None. New application accepted for a Tavern license submitted by J.C. Ways & Means, Inc. for the Lincoln Community Center, 417 W. Magnolia Authority member Wilson made a motion, seconded by Authority member Seegmiller, to accept the above listed application and set the hearing dates for August 23, and September 20, 1978. The Chairman put the motion which resulted in the following vote: Yeas: Seegmiller and Wilson. Nays: Bean and Renz. The Chairman declared the motion had failed. Assistant City Attorney Myatt noted that the Authority was bound to accept the application it once it has been presented. Authority member Wilson made a motion, seconded by Authority member Renz, to set the preliminary hearing date for August 23, and the final hearing date for September 20, 1978. The Chairman put the motion which was unanimously adopted. New application accepted for a Hotel -Restaurant license submitted by Applegate's Landing of Fort Collins dba Applegate's Landing, 2705 S. College Authority member Bean made a motion, seconded by Authority member Wilson, to accept the application and set the preliminary hearing date for August 23, 1978 and the final hearing date for September 20, 1978. The Chairman put the motion which was unanimously adopted. Special Events Permits for Office of Cultural Affairs, Colorado State University, deemed not necessary Gloria Campbell-Timson, 316 Washington appeared and was sworn before giving testimony. After listening to Ms. Campbell-Timson's testimony regarding the operation of the two proposed events, Chairman Seegmiller noted that he felt these permits were unecessary. He further noted that about 1 year to 18 months ago Mr. Tomlinson had come before the Authority to request that the entire Student Center be considered the licensed premises and the request had been granted. He thanked Ms. Campbell-Timson for her appearance and told her to check with Mr. Tomlinson to see when this had been and then to get a copy of the minutes that reflected this action from the City Clerk's office. -2- July 26, 1978 Expansion or modification of the premises at Chesterfield Bottomsley & Pott's, 1415 West Elizabeth deemed not substantial Nancy Vandeyacht, manager of Chesterfield Bottomsley & Potts, 1837 Homer Drive, appeared to explain the proposed changes. After review of the plans she presented, Authority member Renz made a motion, seconded by Authority member Wilson that the expansion was not substantial. The Chairman put the motion which was unanimously adopted. Show/cause hearing for Saddle -up Liquors, 1015 South Taft Hill Road, 5 day suspension assessed, 3 days to be suspended, the remaining 2 days to be served consecutively at the discretion of the licensee Don Deagle, Assistant City Attorney appeared representing the City and called Gary D. Roberson, 2421 East Sheffield Circle, who was sworn before giving testimony. Mr. Roberson stated that on April 28, 1978, he purchased 2 six-packs of "Mickey's Big -Mouths" at Saddle -Up Liquors. He stated that he paid for the beer and noted that at no time did he present any identification or was he asked to present same and he also noted that he was 17 years old at that time. He then left the store with the beer. Mr. Thomas Metcalf, attorney representing Saddle -Up Liquors, questioned Mr. Roberson relative to the events of that evening. Mr. Roberson identified the clerk who sold him the beer by pointing him out in the audience to Mr. Metcalf. Mr. Roberson stated that he and his father had reported the incident to Sgt. Mason 1-2 weeks after the incident. He also noted that his football coach, Bill Petrosky, had aprehended him outside the store and as a result he had received a 30-day athletic suspension. Mr. Metcalf called Pat McCosh, Deputy Sheriff, Larimer county, who was sworn before giving testimony. Mr. McCosh stated that he was and is employed on a part-time basis at Saddle -Up Liquors as a retail clerk. He further stated that he had no recollection of the incident as described by Mr. Roberson and learned of it 3-4 weeks later. Mr. Metcalf then called Louis Lehr, 800 Country Club Road, Broomfield, who was sworn before giving testimony. Mr. Lehr stated that he was part owner of a liquor store in Broomfield and manager of Saddle -Up Liquors for Craig Rose, the owner. He noted that he became manager about two months after the store had opened and that there were 6 employees of the store. He explained their procedures for training new employees in identi- fication checking procedures. Chairman Seegmiller asked whether Mr. Lehr was the manager or if another person was. Mr. Metcalf responded that Mr. Rose had hired Mr. Lehr to look after the purchasing and that another person, Ruth Champion, supervises the personnel. -3- July 26, 1978 Authority member Bean made a motion, seconded by Authority member Renz, that on the basis of the testimony given, a violation did occur at Saddle -Up Liquors on April 28, 1978. The Chairman put the motion which was unanimously adopted. Mr. Metcalf noted that this was an isolated incident and suggested that a letter of reprimand be placed in file to guide the Authority in case future violations occur. Assistant City Attorney Myatt stated that the evidence as produced had perhaps shown another violation of the liquor code. 12-47-129 indicates that Mr. Lehr's financial interest in another liquor license in Broomfield prohibits his interest in Saddle -Up. Mr. Metcalf responded that Mr. Lehr had not testified that he had an interest in any other liquor license. His statement had been that he had owned a liquor store in partnership with Mr. Rose's father. Mr. Lehr stated that he was a part owner but no longer is, but that he does operate both stores. Mr. Metcalf clarified by stating that Mr. Lehr coordinated a joint buying arrangement between the stores to obtain better prices from bulk buying and that Mr. Lehr is a part-time salaried employee of both stores. Assistant City Attorney Myatt asked the court reporter present to read Mr. Lehr's answer to the question regarding ownership: Answer: "I am the manager of Saddle -Up Liquor Store, also part owner of another liquor store down in Broomfield, Colorado." Authority member Bean made a motion, seconded by Authority member Seegmiller, to assess a 5-day suspension, suspend 3 days of the suspension, the remaining 2 days to be served consecutively at the discretion of the licensee, a determination of the 3 days suspended will be made at the time of a further violation. The Chairman put the motion which was unaimously adopted. Authority member Renz made a motion, seconded by Authority member Wilson to schedule a show/cause hearing on the subsequent alleged violation on August 23, 1978. The Chairman put the motion which was unanimously adopted. Change of corporate officers at Kiki's, 822 South College Avenue, approved Lesley "Kiki" Labadie, 2136 Ryeland Lane, appeared to explain the changes proposed at Kiki's. He stated that he was divesting himself of any financial interest in Kiki's and was purchasing 100% of Northern Hotel and Restaurant Inc. and 50% of the building from William Starke. He stated that Kiki's will apply in the future to change the class of their license from Beer and Wine to Hotel -Restaurant. Authority member Bean made a motion, seconded by Authority member Wilson, to approve the change of corporate officers at Kiki's, 822 S. College Ave. -4- • 0 July 26, 1978 The Chairman put the motion which resulted in the following vote: Yeas: Bean, Seegmiller, and Wilson. Nays: Renz. The motion carried. Preliminary hearing for Corner Pockets Billiards, tabled indefinitely Authority member Bean made a motion, seconded by Authority member Renz, to table the preliminary hearing for Corner Pockets Billiards indefinitely at the request of their attorney, David Wood. The Chairman put the motion which was unanimously adopted. Police Report Sgt. Mason reported that no disposition had been made on the Pit -Stop Liquors situation. Adjournemnt Authority member Bean made a motion, seconded by Authority member Wilson, to adjourn the meeting. The Chairman put the motion which was unanimously adopted. The meeting was adjourned at 9:30 p.m. ,(�eNA Deputy City Clerkr -5-