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HomeMy WebLinkAboutLiquor Licensing Authority - Minutes - 04/05/1978i Liquor Licensing Authority Regular Meeting - April 5, 1978 7:30 P.M. A regular meeting of the Liquor Licensing Authority was held on Wednesday, April 5, 1978, a 7:30 p.m. in the City Council Chambers of the City of tort 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 Assistant City Attorney Joe Carroll Minutes of the Regular Meeting of March 8, 1978, approved as published. Authority member Long made a motion, seconded by Authority member Renz, to approve the minutes of the regular meeting of March 8, 1978, as published. The Chairman put the motion which was unanimously adopted. Item 2-A: Renewal 3.2% license, 7-Eleven, 1029 S. Taft Hill :tem 2A was not considered at the request of the applicant, 7-Eleven, 1029 Taft Hill Rd. They have decided to close the store. Renewal approved for the Hotel -Restaurant license at Butch Cassidy's, 934 Lemay. This is a routine renewal and the Police Department recommendation is for approval. Authority member Bean made a motion, seconded by Authority member Renz, to approve the renewal of the Hotel -Restaurant license for Butch Cassidy's, 934 Lemay Avenue. The Chairman put the motion which was unanimously adopted. New application for a Hotel -Restaurant license accepted from Corner Pockets of America, dba Corner Pockets Billiard Lounge, Bristlecone Street, (Evergreen Park). ,authority member Long made a motion, seconded by Authority member Bean, to accept the application submitted by Corner Pockets of America .;ba Corner Pockets Billiards Lounge and to set the hearing dates for ,iay 3 and May 31. The Chairman put the motion which was unanimously adopted. (1) Special Events permit granted to American Legion Post #187 for April 8, 1978. Phil Martinez, 121 E. Willox Lane, was duly sworn before giving testimony regarding this Special Events Permit. He stated that the event would be veld at the Knights of Columbus Hall, 121 N. Meldrum and that it would be staged much as it had been in past years. ,Authority member Renz made a motion, seconded by Authority member Wilson, to approve the Special Events Permit for American Legion Post #187 to be field on April 8, 1978. The Chairman put the motion which was unanimously adopted. Tue Chairman read the hearing procedures at length before proceeding with the final hearing. Final hearing on a 3.2% Fermented Malt Beverage license submitted by Southland Corporation dba 7-Eleven, 430 Remington, license granted. tussell S. Pugh, attorney for Southland Corporation, appeared and presented applicant's exhibits A, B, and C being petitions containing :.ignatures of the residents of the boundary area, customers of the store and business firms in the boundary area and containing 419, 236, and 17 signatures respectively. ae called 3arry Lance, 2441 W. Elizabeth as his first witness. Mr. Lance was duly sworn before giving testimony. He stated that he was the District Manager for 7-Eleven and had been employed by 7-Eleven for 7 years and ,ias been the District Manager for 1 year and 8 months. He noted that he managed 28 stores, 23 having off -premises 3.2% licenses, 4 being in Fort Collins and that there had been no violations or problems at these :stores during his tenure as manager. ilr. Pugh next called Jim Craig, 748 Sheridan, Loveland, who was duly sworn before giving testimony. lie stated that he was the District Supervisor for 7-Eleveu and had been employed by them for 2 1/2 years. He noted that lie was responsible for the hiring and training of the employees of the Fort Collins stores. ,tis next witness was Tom Paules, 429 North Overland Trail, the store manager at 430 Remington, who was duly sworn before giving testimony. ,ie stated that he had been the manager of several Fort Collins 7-Eleven stores for the past 8 months. He related his responsibilities as the store manager. ix. Pugh asked that the Authority grant this license on the basis of the evidence presented. Autority member Long made a motion, seconded by Authority member Bean, (2) to approve the 3.2% Fermented Malt Beverage license submitted by Southland Corporation dba 7—Eleven, 430 Remington. The Chairman put the motion which was unanimously adopted. Preliminary hearing on a Beer & Wine license submitted by Kiki's Ltd. dba Kiki's Cafe Continental, 822 South College Avenue, boundaries adopted. Gene Timuermans, attorney for the applicant, appeared and stated that the boundaries as recommended by the Administration were acceptable to ,iis clients. The boundaries as recommended by the Administration were: idorth 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. Chairman Seegmiller asked the standing of the question of whether the proposed outlet was within 500' of the university. 1iie Planning Department report was submitted stating that it was their opinion that the proposed outlet was not within the 500' following a route of safe direct pedestrian access. Officer James Barry of the State Liquor Enforcement Division, stated that lie shared the Planning Department's opinion and had contacted Mr. McComb, his supervisor, who was of the same opinion. .Authority member Bean made a motion, seconded by Authority member Long, to approve the boundaries as recommended by the Administration. The Chairman put the motion which was unanimously adopted. Transfer of ownership of Colony Markets, 420 S. College to Colony Markets Inc., approved. :1r. Ken Tryboski, 4900 Springer Drive, was duly sworn before giving Testimony. he stated that he had been the sole owner of Colony Market and was now 100% stockholder of the corporation. Authority member Long made a motion, seconded by Authority member Renz, to approve the transfer of ownership. The Chairman put the motion which was unanimously adopted. Transfer of ownership of Complex 3, 246 N. College Avenue, to Golden Spike Inc., and Change of trade name to the Golden Spike, approved. David Osborn, attorney for the applicant, introduced F. James Brady, 1065 Iris, Broomfield, who was duly sworn before giving testimony. Ur. Brady is President of Golden Spike Inc. and gave testimony regarding iris background and plans for the new operation. (3) Mr. Osborn then called Larry 11 rt, 12750 North 6th, Parker, Colorado, who was duly sworn before giving testimony. He stated that he would be active in the outlet operation but would continue his construction business after he and his family move to Fort Collins. Authority member Bean made a motion, seconded by Authority member Long, to approve the transfer of the ownership of the license as outlined. The Chairman put the motion which was unanimously adopted. Resolution adopted granting the Beer & Wine license to Chung -Yuen Chan dba Oriental House, 2900 Harvard. Pile Chairman read the resolution by title only as a complete copy had been furnished to each member with the agenda. Authority member Renz made a motion, seconded by Authority member Bean, to adopt the Resolution as presented. The Chairman put the motion which was unanimously adopted. Show/cause bearing; Catacombs, 115 S. College Ave., letter of reprimand issued. Assistant City Attorney Joe Carroll presented the case for the City stating the alleged violation occurred on February 24, 1978. Members of the Fort Collins Police Department and Officer Jim Barry of the Department of 1:evenue entered the Catacombs and made a random I.D. check of the patrons. They found a female patron, Shelley Jean Williams, with an altered or falsified Colorado Driver's license on her person showing leer to be 21 years of age. Her age was later determined to be 20. Additional investigation found that the person assigned to check I.D.'s at the door. had been called away for a few minutes allowing Ms. Williams to enter without having her I.D. checked. Mr. David Osborn, attorney for the Catacombs, agreed to this statement of the facts involved. Authority member Renz made a motion, seconded by Authority member Bean, that a violation did occur on February 24, 1978, at the Catacombs, 115 South College Avenue. The Chairman put the motion which was unanimously adopted. Mr. Osborn called Kathleen M. Fowler, 1504 Westview, hostess at the Catacombs as his first witness Ms.Fowler was duly sworn and stated that she served Ms. Williams on the night of the alleged violation and had been charged witli a criminal offense for this. She stated that she assumed Ms. William's I.D. had been checked when she entered the establishment as was the usual practice on Friday evenings. (4) The next witness was Glen Little, 1015 W. Mountain, who was duly sworn. Mr. Little stated that lie was a bartender at the Catacombs and on February 24 was assigned to the door checking position. He noted that he had been called away from the door to help with the closing of the front service bar and that in his absence several persons had entered. The final witness, Aico Zentveld, 3516 Araphoe, was duly sworn and stated that he was the sole owner of the Catacombs. He gave testimony relative to the improvements in I.D. checking procedures that lie has made since this incident and also to the financial effects a suspension would have on his business and the lives of his employees. In closing, Mr. Osborn asked the Authority to issue a 5-day suspended suspension based on good conduct for the balance of the license year. After discussion, Authority member Long made a motion, seconded by Authority member Wilson, to direct the Assistant City Attorney to write a letter of reprimand to the Catacombs. The Chairman put the motion which resulted in the following vote: Yeas: Bean, Long, and Wilson. Nays: 1'enz, and Seegmiller. The motion carried. Show/cause hearing; Country Store, 830 S. College, sternly worded letter of reprimand issued. Assistant City Attorney Joe Carroll stated the City's case in regards to the alleged violation occurring on February 8, 1978. Officer Jim Black was on a routine patrol at about 11:00 p.m. and noticed a young lady near the Country Store with a bag in her arms. Officer Black contacted her and found two six-packs of 12 oz. Coors 3.2% beer. No I.D.'s could be presented by the young lady or her companions showing them to be 18 or over and they stated that the beer had been purchased at the Country Store. Officer Black contacted the clerk at the Country Store, Mr. Kirkmeyer, who denied selling the beer to her. Mr. Richard Fitzgerald, 5425 S. County Road #7, owner of the Country Store, was duly sworn. He stated that he was contacted by Officer Black after the incident and went down to the store. He checked the cooler to see if beer was missing and it was full so he did not believe the clerk had actually sold the beer to the young lady. lie then pulled the master tape out of the cash register and could find no sales entry for the two six-packs of beer. The clerk has since quit. Mr. Fitzgerald stated that after talking to Officer Black, he now felt that "chances are" that the clerk did sell the beer and either pocketed the money or rang the sale incorrectly on the register. Officer James Black, Fort Collins Police Department, was duly sworn and gave testimony relative to the events on February 8, 1978. Authority member Wilson made a motion, seconded by Authority member Bean, that a violation did occur at the Country Store, 830 South College Avenue, on February 8, 1978. The Chairman put the motion which was unanimously adopted. (5) Assistant City Attorney Carroll stated that there have been no previous violations at the Country Store since Mr. Fitzgerald purchased the store in September, 1974. Authority member Wilson made a motion, seconded by Authority member Long, to direct the Assistant City Attorney to write a sternly worded letter of reprimand. The Chairman put the motion which resulted in the following vole: Yeas: Bean, Long, and Wilson. Nays: Renz, and Seegmiller. The ,notion carried. Show/cause hearing; Paul's Pizza, 1301 W. Elizabeth, i day suspension, assessed. Assistant City Attorney Joe Carroll presented the basic facts of the alleged violation at Paul's Pizza occurring on February 9, 1978. At approximately 11:20 p.m., Officer Black passed through Paul's and noticed some individuals seated around a Pong table, who appeared to be under age. He called for 2 plain clothes officers, Robles and Swihart, who arrived in an unmarked car. They noticed 6 individuals at the Pong table, all with beer in front of them. One of the individuals, later identified as Jason March, left the table, walked to the bar, purchased a pitcher of beer and went back to the table waving the beer. When one of the individuals took a drink of the beer, Officers Robles and Swihart went to the table and asked them to produce identification. One of the 6 produced an I.D. showing him to be 18 and the other 5 could not produce any identification. The 5 were transported to the Police station and their parents were called. Of these 5, two were 18 and the other 3 were 17. The 13 year old who bought the beer was charged and the juveniles involved were referred to the juvenile department. No action was taken on the other 18 year old and the sixth individual who produced identification at Paul's was not even transported to the Police Department. Authority member dean made a motion, seconded by Authority member Long, that a violation did occur at Paul's Pizza on February 9, 1978. The Chairman put the motion which resulted in the following vote: Yeas: Bean, Long, Seegmiller, Wilson. Nays: Renz. The motion carried. Ray Hale, attorney for Paul's Pizza, called Debbie Spears, 1113 W. Plum, B-203, waitress at Paul's, who was duly sworn. She testified that the practice at Paul's was to require an I.D. from the purchaser of any pitcher of beer plus an I.D. for each cup that accompanies a pitcher. The only way additional cups could have been obtained was by picking them up from dirty tables. Ms. Spears stated that the establishment was very busy on the night in question and that because they were so busy, all the tables were not cleared as quickly as they should have been, allowing the individuals involved to pick up dirty cups for their use. Mr. Hale next called Paul Oberg, 2613 Bradbury Ct., owner of Paul's Pizza, who was duly sworn. Ile gave testimony regarding his clientele and the problems encountered at Paul's. Ile reviewed the I.D. checking procedures that are now in effect in his establishment and discussed the frequency that minors try to drink there. He noted that he could not afford to hire addi- tional personnel and discussed the two violations that had occurred in the past two years. (6) • Chris Gilmore, 411 W. Myrtle was called next and was duly sworn before giving testimony as to his duties at Paul's. He stated that he was present on the night of the incident and spoke of the procedures that are usually followed at Paul's. Mr. dale asked the Authority to take into consideration the cooperation .ir. )berg has exhibited and the measures tie has taken to prevent incidents of Luis type from happening again and suggested a letter of reprimand migut be more appropriate than a suspension. Authority member Renz made a motion, seconded by authority member Seegmiller, to assess a five—day suspension and then suspend the suspension; the suspension to be served in the event of any subsequent violations. The Chairman put the motion which resulted on the following vote: Yeas: Renz, and Seegmiller. Nays: Bean, Long, and Wilson. The motion failed. Authority member Bean made a motion, seconded by Authority member Wilson, to suspend the license for 1 day to be served at the discretion of the licensee, prior to the end of the month. The Chirman put the motion which resulted in the following vote: Yeas: Bean, Long, Seegmiller, and Wilson. (Jays: Renz. Renewal approved for the 3.2% license at Paul's Pizza, 1301 W. Elizabeth. Authority member Bean made a motion, seconded by Authority member Long, to renew the above stated license. The Chairman put the motion which was unanimously adopted. Requirements for posting added as provision of the suspension on Paul's Pizza. Authority member Bean made a motion, seconded by Authority member Seegmiller, to require the licensee to post his premises on the day of suspension. The Chairman put the motion which was unanimously adopted. Police Report SgL. Mason requested a show/cause hearing for Johnny's Liquor, 111 West Prospect in light of an alleged violation occurring on March 17, 1978. An individual, later determined to be 18, purchased liquor and was not requested by the clerk to produce identification. A fictitious Missouri driver's license was found on this individual's person by Sgt. Mason and Officer Jim Barry. Both the clerk and the individual who purchased the liquor were issued summonses. Authority member Wilson made a motion, seconded by Authority member Bean, to schedule a show/cause hearing for Johnny's Liquor on May 3. The Chairman put the motion which was unanimously adopted. Sgt. Mason also noted that there would be a slide program on checking identifications on April 17 and 18, at 7:00 p.m, at the Library, and that all licensed outlets had been invited. (7) Adjournment Authority member Long made a motion seconded by Authority member Bean, to adjourn the meeting. The Chairman put the motion which was unanimously adopted. The meeting adjourned at 10:45 p.m. Deputy City Clerk (a)