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HomeMy WebLinkAboutLiquor Licensing Authority - Minutes - 05/03/1978LIQUOR LICENSING AUTHORITY Regular Meeting - May 3, 1978 7:30 P.M. A regular meeting of the Liquor Licensing Authority was held on Wed- nesday, May 3, 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, Long, Renz, Seegmiller, and Wilson. Staff members present: Sgt. Bob Mason, Police Department Wanda Krajicek, Deputy City Clerk Also: Assistant City Attorney Ramsey Myatt Minutes of the Regular Meeting of April 5, 1978, approved as published Authority member Long made a motion, seconded by Authority member Renz, to approve the minutes of the regular meeting of April 5, 1978, as published. The Chairman put the motion which was unanimously adopted. RenewL.l approval for University Theatre, Colorado State University Chairman Seegmiller asked that the record show that he withdrew from discussion and vote on this item. Authority member Bean made a motion, seconded by Authority member Long, to approve the above renewal. Authority member Renz put the motion which resulted in the following vote: Yeas: All Nays: None (Seegmiller abstained.) Renewals approved for: Out of Bounds, 200 W. Mountain China Palace, 117 S. College Ave. Sportsman Bar, 210 Walnut Andersonville Grocery, 418 Ninth Pizza Hut, 2631 S. College Ave. Yankee Clipper, 2635 S. College Ave. Orion's Belt, 242 Linden Authority member Long made a motion, seconded by Authority member Wilson, to approve the above listed renewal applications. The Chairman put the motion which was unanimously adopted. -1- May 3, 1978 Transfer of ownership for Pizza Inn, 820 City Park Avenue,,approved. Thomas Metcalf, attorney representing Suppes & Wolf, appeared and described the change in ownership noting that Mr. Suppes would still be the owner. Authority member Wilson made a motion, seconded by Authority member Renz, to approve the transfer of ownership was described. The Chair- man put the motion which was unanimously adopted. Permission to expand the premises at Horsetooth Lanes, 217 Horsetooth Rd., granted After reviewing the plans submitted by the applicant, 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. Preliminary hearing for Corner Pockets Billiard Lounge, 115 Bristlecone, tabled until May 31, 1978 It was announced that attorney David Wood, representing Corner Pockets Billiards Lounge, had requested this item to be tabled until May 31, 1978, so that either the zoning issue can be resolved or another site selected. Authority member Bean made a motion, seconded by Authority member Long, to table this item until May 31, 1978. The Chairman put the motion which was unanimously adopted. Show/cause hearing for Johnny's Liquors, Ill W. Prospect, tabled until May 31, 1978 Assistant City Attorney Myatt announced that he had been contacted by David Osborn, attorney, and that Mr. Osborn had requested that this item be tabled until May 31, 1978. The owners of Johnny's Liquors had engaged him to represent them at the last minute and he had previous commitments and could not be present and also had not had time to prepare his case. Authority member Renz, made a motion, seconded by Authority member Long, to table this item until May 31, 1978. The Chairman put the motion which resulted in the following vote: Yeas: Long, Renz, and Wilson. Nays: Bean and Seegmiller. The motion Carried. License reinstated to Vernie Valdez dba Pine Tavern, 244 Pine, per conditions set forth below. Vernie Valdez appeared before the Authority to request the restoration of his licensing privileges. He stated that his establishment had been repaired, painted and cleaned up. -2- May 3, 1978 Authority member Long made a motion, seconded by Authority member Bean, to reinstate the 3.2% license to Vernie Valdez contingent upon receipt of written statements of approval from: 1. his personal physician 2. the Larimer County Health Department 3. the Fort Collins Building Inspection Department The Chairman put the motion which resulted in the following vote: Yeas: Bean, Long, Renz, and Seegmiller. Nays: Wilson. The motion carried. Resolution adopted granting the Clas B, 3.2% Fermented Malt Beverage license, submitted by Southland Corporation dba 7-11, 430 Remington. RESOLUTION OF THE LIQUOR LICENSING AUTHORITY OF THE CITY OF FORT COLLINS CONCERNING AN APPLICATION FOR A CLASS B LICENSE TO SELL NON -INTOXICATING MALT LIQUOR AND SETTING FORTH THE FINDINGS OF THE LIQUOR LICENSING AUTHORITY ON SAID APPLICATION The application of Southland Corporation, doing business as 7-Eleven, for a Class B License for the sale of non - intoxicating malt liquor came on for hearing on April 5, 1978, before the Liquor Licensing Authority of the City of Fort Collins, and the Liquor Licensing Authority, having heard the testimony and received the evidence produced at said hearing and having considered and weighed the same and being familiar with the neighborhood for which the license is sought, now makes the following findings: 1. The license sought by the applicant is for a loca- tion at 430 Remington, Fort Collins, Colorado, said site being occupied as a convenience store, the license being sought in connection with such business. :ME May 3, 1978 2. The testimony and petitions presented by the appli- cant at the hearing were to the effect that the inhabitants of the neighborhood desire that the license be granted and the needs of the neighborhood require the granting of this license. No testimony or petitions were presented contrary to this position of the applicant. It is therefore the opinion and finding of the Liquor Licensing Authority that: A. The inhabitants of the neighborhood desire that the license be granted. B. The needs of the neighborhood require the granting of the license. NOW, THEREFORE, be it resolved by the Liquor Licensing Authority of the City of Fort Collins that the application of Southland Corporation, doing business as 7-Eleven, for a Class B License for the sale of non -intoxicating malt liquor at 430 Remington, Fort Collins, Colorado be and the same is hereby granted. Passed and adopted at a regular meeting of the Liquor Licensing Authority of the City of Fort Collins, Colorado, held this 3rd day of May A.D., 1978. Chairman ATTEST: beQ i City Clerk -4- • • May 3, 1978 The Resolution was read by title only as each Authority member had received a complete copy with the agenda. Authority member Renz made a motion, seconded by Authority member Bean, to approve the Resolution as presented. The Chairman put the motion which was unanimously adopted. The Chairman read the hearing procedure at length before proceeding with the final hearing. Final hearing on a Beer & Wine license submitted by Kiki's Cafe Continental, 822 South College Avenue, license granted. The Resolution was read by title only as each Authority member had received a complete copy with the agenda. RESOLUTION OF THE LIQUOR LICENSING AUTHORITY OF FORT COLLINS SETTING FORTH FINDINGS ON A PRELIMIN- ARY HEARING ON A LIQUOR LICENSE APPLICATION WHEREAS, heretofore, Kiki's, Ltd., doing business as Kiki's Cafe Continental, made application to the Liquor Licensing Authority for a Beer and Wine Liquor License; and WHEREAS, the Liquor Licensing Authority has received reports concerning such application, and has held a prelim- inary hearing on such application as provided in Rule 3 of the Rules of Procedure of the Liquor Licensing Authority. NOW, THEREFORE, BE IT RESOLVED BY THE LIQUOR LICENSING AUTHORITY OF THE CITY OF FORT COLLINS, that the Authority hereby makes the following preliminary findings and determin- ations concerning this application, subject to the right of any party in interest to present further evidence concerning any of such findings and determinations at the hearing to be held on this application on the 3rd day of May, 1978; -5- May 3, 1978 1. That the subject premises are proper premises under the ordinances of the City of Fort Collins and the laws of the State of Colorado to be licensed for the sale of liquor as applied for by the applicant. 2. That the boundaries of the neighborhood to be served by this applicant are as follows: North from the subject premises to Cherry Street; west from the subject premises to Shields Street; south from the subject premises to Drake Road; east from the subject premises to Lemay Avenue. 3. That the necessary notice of hearing by publication and by posting of the premises has not been given as provided by law, and the Authority has directed the City Clerk to accomplish said notice prior to the hearing date. 4. That the applicant is qualified under the ordinances of the City and the laws of the State for the license applied for. 5. That the application is in proper form and will be heard by the Authority on May 3, 1978. Passed and adopted at a regular meeting of the Liquor Licensing Authority held this 3rd day of May, 1978. Chairman ATTEST: l%e�'t\ City Clerk CM • 0 May 3, 1978 Authority member Bean made a motion, seconded by Authority member Long, to approve the Resolution as presented. The Chairman put the motion which was unanimously adopted. Gene Timmermans, attorney for the applicants, called Stanley W. Burgess, 55 S. Taft Hill Rd., one of the owners, as his first witness. Mr. Burgess was duly sworn before giving testimony as to his involvement in the operation of the business. He presented petitions that had been circulated in support of the granting of this license. Mr. Timmermans noted that there were a total of 218 signatures of residents of the boundary area, 88 of owners and employees in the area and 147 signatures of patrons of the restaurant for a total of 453. Mr. Timmermans next witness was Lesly "Kaki" Labadie, 2136 Ryeland Lane, another of the owners, who was duly sworn before giving testimony relative to his education and work experience. He stated that he was the chef and had created the menu offered at Kiki's. PIrs. Judy Burgess, 55 S. Taft Hill Rd., was called next and duly sworn before giving testimony about the petitions she had passed. Mr. Timmermans then called John R. Williams, 921 Timber Lane, the manager of the restaurant who was duly sworn before giving testimony concerning his previous work experience. He noted that he had been owner of Der Wienerschnitzel for 7 years and that he would have direct responsibility for all aspects of the restaurant including the enforcement of the liquor rules. He stated that the seating capacity of the establishment was 88 persons. Authority member Renz made a motion, seconded by Authority Bean, to approve the Beer and Wine application submitted by Kiki's Ltd., 822 S. College Avenue. The Chairman put the motion which was unanimously adopted. Other Business Authority member Bean made a motion, seconded by Authority member Renz, to direct Assistant City Attorney Myatt to write a letter to Rd Stoner requesting a clarification of the ownership at the Red Garter. The Chairman put the motion which was unanimously adopted. Adjournment Authority member Long made a motion, seconded by uthor ty member Bean, to adjourn the meeting. The meet' was d ourne at 8:50 p.m. Ch n Deputy City Clerk -7-