HomeMy WebLinkAboutLiquor Licensing Authority - Minutes - 01/11/1978Liquor Licensing Authority
Regular Meeting - January 11, 1978
7:30 p.m.
A regular meeting of the Liquor Licensing Authority was held on Wednesday,
January 11, 1978, at 7:30 p.m. in the Council Chambers of the City of Fort
Collins Municipal Building. Roll call was answered by the following mem-
bers: 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
December 14, 1977, approved as
published.
Authority member Long made a motion, seconded by Authority member Renz, to
approve the minutes of the regular meeting of December 14, 1977, as pub-
lished. 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 Retail Liquor Store
application for M. W. and Shirley J.
Kurtz dba Spring Creek Liquors, 1005
West Stuart, application approved.
The resolution setting forth the findings of the preliminary hearing and
establishing the boundaries was read by title only as a complete copy had
been furnished to each Authority member with the agenda.
Authority member Bean made a motion, seconded by Authority member Long, to
adopt the Resolution. The Chairman put the motion which was unanimously
adopted.
RESOLUTION
OF THE LIQUOR LICENSING AUTHORITY OF FORT
COLLINS SETTING FORTH FINDINGS ON A PRELIMIN—
ARY HEARING ON A LIQUOR LICENSE APPLICATION
WHEREAS, heretofore, M. W. Kurtz and Shirley J. Kurtz,
doing business as Spring Creek Liquors, made application to
the Liquor Licensing Authority for a Retail Liquor License;
and
January 11, 1978__
WHEREAS, the Liquor Licensing Authority has received
reports concerning such applications, 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 deter-
minations 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 llth day of January, 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:
South from the subject premises to the City limits,
West from the subject premises to the City limits,
North from the subject premises to Mulberry Street, and
East from the subject premises to College 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.
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• • January 11, 1978
5. That the application is in proper form and will be
heard by the Authority on January 11, 1978.
Passed and adopted at a regular meeting of the Liquor
Licensing Authority held this llth day of January, 1978.
Chairman
ATTEST:
a. "A",_'I 1
�,,;City Clerk
Nr. Gene Fischer, attorney for the applicants M. "V. and Shirley J. Kurtz,
called Mr. M. W. Kurtz, 1600 W. Stuart as his first witness. Mr. Kurtz was
duly sworn before giving testimony and introduced his wife, Shirley. He
spoke of his length of residency in Larimer County and stated that he and
Mrs. Kurtz resided in the area to be served should this license be granted
and are approximately 2z blocks from the proposed outlet. Mr. Kurtz described
the building his firm, Kurtz Construction, is constructing and spoke of the
lengthy Planning and Zoning and City Council action that was involved in the
zoning and development of Spring Creek Plaza as a neighborhood shoppette. He
stated that the Planning and Zoning Board was in favor of the shoppette as
long as it was more pedestrian and bicycle oriented than automobile oriented.
He noted that there was no street cut allowing access to Shields Street and
that ingress and egress was via West Stuart or Spring Creek Lane. He also
estimated the distances to the other Retail Liquor Store outlets located
within the boundary area: Johnny's Liquors 1.3 miles; Campus West Liquors -
1.1 miles; Saddle -Up Liquors - 2.1 miles; Foothills Discount Liquors - 3 miles;
Aggie Discount Liquors - 1.8 miles; and South College Liquors - 2.7 miles.
Mr. Kurtz stated that the proposed outlet would be operated by he and his wife
and that the shopping center would be owned by them also. He noted that
petitions containing in excess of 945 signatures had been circulated in the
immediate area of the proposed outlet in support of his application and that
he was aware that petitions had also been circulated in opposition. He then
told the Authority of his overall plans for the shoppette in regards to other
types of businesses that will be located there.
The Authority questioned Mr. Kurtz as to his proposed hours of operation which
he stated would be 8:00 a.m. to 10:00 p.m. Fie noted that the proposed Liquor Store
would consist of 1980 sq. ft.
Mr. Fischer then called Bernard R. Hockenberry, 1917 South Shields, Apt. J-1,
who was duly sworn before giving testimony. He presented petitions that he
had circulated that were marked as applicant's exhibits A, B, $ C and con-
tained 446 signatures. He stated that he had encountered approximately 20
persons who declined to sign for various reasons.
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"•'• January 11, 1978_
Mr. Fischer's next witness was Devin E. Kurtz, 1600 W. Stuart, who was
duly sworn before giving testimony. Mr. Kurtz stated that he was the son
of the applicants and presented petitions that he had circulated, marked
as applicant's exhibit D and containing 305 signatures. He noted that
approximately 15-20 persons had declined to sign his petitions.
Mr. Fischer then called Randy M. Kurtz, 1917 South Shields, Apt. G-5, who
was duly sworn before giving testimony. Mr. Kurtz stated that he was also
the son of the applicants and presented petitions that he had circulated,
marked as applicant's exhibit E, containing 219 signatures. He stated
that approximately 20 persons had declined to sign his petitions.
Mr. Fischer stated that he had no further testimony to present at this time.
Mr. Jack Vahrenwald, attorney, stated that he was representing a number of
the opponents to the granting of this license. He first called Mr. W. "Red"
Ferrell, Jr., 1733 Nedrah Drive, owner of Campus West Liquor Store, who was
duly sworn before giving testimony. Mr. Ferrell gave testimony as to the
effect new licenses have on the existing Retail Liquor Store outlets. Mr.
Ferrell stated that the Class B and C, 3.2% outlets also have an effect on
the Retail Liquor Store outlets and that there are 21 such outlets located
in the boundary area.
Mr. Vahrenwald then called Christopher B. Kennison, 5829 W. County Rd. 52-E,
who was duly sworn before giving testimony. Mr. Kennison presented 3 types
of petitions that he had circulated that were marked as opponent's exhibit 1
and contained 133 signatures. He stated that he had encountered approximately
80-100 persons who declined to sign his petitions.
Mr. Vahrenwald's next witness was Cheryl Boltz, 2805.Meadowlark Ave., who was
duly sworn before giving testimony. She presented 3 types of petitions that
she had circulated, marked as opponent's exhibit 2, and containing 143 sig-
natures. She stated that 62 persons had refused to sign her petitions, citing
the free enterprise issue as the reason and 17 had refused as they had signed
the applicant's petitions.
Mr. Vahrenwald then called H. W. Powers, 808 Berky P1., who was duly sworn
before giving testimony. He presented petitions that he had circulated,
marked as opponent's exhibit 3 and containing 224 signatures. He estimated
that 20% of the persons he approached, declined to sign also citing the free
enterprise issue.
Mr. Vahrenwald then presented opponent's exhibits 4-11, which were petitions
with the validity of the signatures established by affidavit. He stated that
there were 877 total signatures on all the petitions presented by his clients.
The following persons were duly sworn before giving testimony in opposition
to the granting of this license:
1. Freeman M. Smith, 1000 W. Prospect
2. Mrs. Pauline Steele, 1512 S. Shields
3. Jerry Blake, 626 S. Grant - co-owner of Johnny's Liquors
Mr. Vahrenwald cross-examined Devin Kurtz regarding the age of one of the persons
who had signed the petition he had circulated.
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. January 11, 1978
In closing Mr. Fischer stated that the applicants had submitted spore names
than the opposition and that some of the signatures obtained by the opposition
were of "customers" and therefore, not necessarily residents of the boundary
area; whereas the signatures obtained by the applicants were totally from
within the area. He also objected to the fact that some of the petitions were
submitted with affidavits only and therefore there was no opportunity to
cross-examine the circulator to ascertain the authenticity of the signatures.
He asked that the Authority grant this license on the basis of the evidence
presented, the long-time excellent reputations of the applicants and the full
support for the policy of the City of Fort Collins that has been given by the
applicants in regards to their attempt to reduce vehicular traffic on major
arterials.
In closing, Mr. Vahrenwald stated that the number of signatures on both sets
of petitions was fairly close. He asked the Authority to deny the application
on the basis that the needs of the neighborhood are now presently being met
and on the testimony presented relative to the desires of the residents.
In rebuttal Mr. Fischer asked that no consideration be given to the accessibility
of the 3.20 outlets and County outlets mentioned by the opposition.
The Authority decided to delay their decision on this matter until later in the
meeting to allow time for further thought and deliberation on the evidence
presented.
Preliminary hearing on the Hotel -Restaurant
application submitted by Kay Frazee dba_
Little Tokyo Cafe, 1801 North College Ave.,
boundaries recommended.by the Administration
adopted.
Attorney John Reid, representing the applicant, Kay Frazee, was present.. He
stated that he was appearing for William Beardslee who was ill and that the
boundaries as recommended were acceptable to his client.
The boundaries recommended by the Administration were as follows:
North from the subject premises to City limits;
West from the subject premises to City limits, following the
City limits southerly to Shields St.; then South on Shields
St. to Mountain Ave.;
South from the subject premises to Mountain Ave. extended to
meet Eastern City limits;
East from the subject premises to City limits following
City limits southerly to Mountain Ave. extended.
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.
Preliminary hearing on an application for
a Tavern license submitted by Ben -Car Corp.
dba Spring Creek Runoff, 1006 Spring Creek
Lane, boundaries as amended by the Authority,
adopted.
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January ii, iyio
Attorney John Reid, representing the applicants Dale Carlson and Robert
Benzel, Ben -Car Corporation, was present and stated that the boundaries as
recommended by the Administration were acceptable to his clients.
The boundaries recommended by the Administration were:
North from the subject premises to Mulberry;
West from the subject premises to Taft Hill Road;
South from the subject premises to Swallow Road;
East from the subject premises to College Avenue.
The Authority members asked that the boundaries be amended to read:
North from the subject premises to Mulberry;
West from the subject premises to City limits;
South from the subject premises to City limits;
East from the subject premises to College Avenue.
Authority member Bean made a motion, seconded by Authority member Long, to
adopt the boundaries as amended. The Chairman put the motion which was
unanimously adopted.
Renewal of the following licenses,
approved.
1. Country Store, 830 S. College Ave. - 3.2%
2. Beaver's Supermarket #3, 1100 W. Mountain - 3.2%
3. Skaggs Drug Center, 112 E. Foothills Parkway - 3.2%
4. Canino's, 613 S. College Ave. - Beer 8 Wine with extended hours
These are routine renewals and the Police Department found nothing derogatory
in their investigation and therefore recommends approval.
Authority member Bean made a motion, seconded by Authority member Long, to
approve the above listed renewal applications. The Chairman put the motion
which was unanimously adopted.
Resolution denying the Tavern license
application submitted by Brookover, Inc.
dba Brookover's Sundowner, 1029 S. Taft
Hill Rd., adopted.
The resolution was read by title only as each Authority member had been
furnished a copy with the agenda.
FINDINGS AND RESOLUTION
OF THE LOCAL LIQUOR LICENSING AUTHORITY OF THE
CITY OF FORT COLLINS, COLORADO, CONCERNING AN
APPLICATION FOR A TAVERN LIQUOR LICENSE
,'anuary ii, iyits
The application of Brookover, Inc., doing business as
Brookover's Sundowner, Ltd., for a Tavern License came on
for hearing on the 14th day of December, 1977, in the Council
Chambers, City Hall, Fort Collins, Colorado, pursuant to
notice duly given as required by law.
The Authority, having heard the evidence introduced at
the hearing, and having examined the documents introduced
and having heretofore held a preliminary hearing and issued
findings in writing on said preliminary hearing, now makes
the following findings:
1. The neighborhood to be served under this application
is as defined in the preliminary findings of the Authority.
2. Nothing contained in C.R.S., 1973, Section 12-47-138
prohibits
the
issuing of a
license
at the proposed location.
3.
The
applicant is
of good
character and qualified
under the Ordinances of the City of Fort Collins and the
laws of the State of Colorado for the license applied for.
4. The application is in proper form.
5. Applicant presented petitions containing the
signatures of approximately 905 persons who resided in the
neighborhood as defined in the Preliminary Findings of the
Authority. Some of the signatures were obtained in an area
between Mulberry Street and Laporte Avenue, which area was
not as defined in the Preliminary Findings of the Authority,
but which was an area encompassed inside the boundary lines
prepared by the City administration and furnished to the
applicant. Such signatures indicated the desire of the
signatories that the license applied for be granted. The
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.TAnuary 11, 1978
applicant testified in favor of the granting of the appli-
cation, and one other resident of the neighborhood, also
the holder of a liquor license, testified in favor of the
granting of the application. The only other witnesses
presented on behalf of the applicant were,the petition
passers. The Authority heard a great deal of evidence in
opposition to the license and additionally received peti-
tions containing in excess of 400 signatures in opposition
to the granting of the license. The testimony and petitions
were to the effect that the needs of the neighborhood were
being met by existing outlets in and around the neighborhood
and that the inhabitants of the neighborhood did not desire
the issuance of such a license.
The desires of the inhabitants of the neighborhood, as
evidenced by petitions and testimony, are that the license
not be granted.
Based upon the foregoing findings, it is the conclusion
of the Liquor Licensing Authority that:
A. There was no adequate showing by the applicant
that the inhabitants of the neighborhood desire that the
license be granted.
B. There was no adequate showing by the applicant
that the reasonable requirements of the neighborhood are not
being presently met by existing outlets in and around the
neighborhood for which the license is sought.
RESOLUTION
OF THE LOCAL LIQUOR LICENSING AUTHORITY OF THE
CITY OF FORT COLLINS, COLORADO, CONCERNING AN
APPLICATION FOR A TAVERN LIQUOR LICENSE
January 11, 19/8
BE IT RESOLVED by the Local Liquor Licensing Authority
of the City of Fort Collins, Colorado that the application
of Brookover, Inc., doing business as Brookover's Sundowner,
Ltd., for a Tavern Liquor License be and the same hereby is
denied in accordance with the findings of the Authority set
forth above.
Passed and adopted at a regular meeting of the Liquor
Licensing Authority of the City of Fort Collins, Colorado,
held this llth day of January, A.D. 1978.
f\
i
Chairman
ATTEST:
ate.
City Clerk �-
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.
Assistant City Attorney Myatt advised Mr. and Mrs. Brookover who were present,
that a notice of appeal must be filed with the City Clerk within 10 days of
today's date (1-11-78), if they wished to appeal the Authority's decision.
New application for a Beer $ Wine license
submitted by Chung -Yuen Chan dba Oriental
House, 2900 Harvard, accepted and hearing
dates set.
Authority member Renz made a motion, seconded by Authority member Long, to
accept the above application and set the preliminary hearing date for February
8 and the final hearing date for March 8, 1978. The Chairman put the motion
which was unanimously adopted.
Decision - Spring Creek Liquors
After discussion, Authority member Renz made a motion, seconded by Authority
member Wilson, to approve the application for a Retail Liquor Store license
submitted by M. W. and Shirley J. Kurtz dba Spring Creek Liquors, 1005 W. Stuart.
T=nuary 11, 1978
The Chairman put the motion with the following vote: Yeas: Bean, Renz,
and Wilson. Nays: Long and Seegmiller. The motion carried.
Mr. W. Ferrell and Mr. Freeman Smith questioned the Authority extensively
as to what evidence it takes to deny a package liquor store license and what
would need to be presented in the future to convince the Authority that no
more liquor stores are needed.
Mr. Smith had several points to discuss with the Authority relative to the
weight the signatures of the older long-time property owners should have over
the signatures of students and apartment tenants.
Annual Report for 1977 activities,
approved as published.
Authority member Long made a motion, seconded by Authority member Renz, to
approve the 1977 Annual Report as published. The Chairman put the motion
which was unanimously adopted.
Police Report
Moot House incident:
Sgt. Mason described an alleged after hours incident occurring New Year's Eve
at the Moot House, 2626 S. College Ave. He stated that since the Police
Department had not had any trouble this past licensing year with this estab-
lishment, a letter of reprimand would be appropriate.
Authority member Long made a motion, seconded by Authority member Bean, to
direct the City Attorney to write a sternly worded letter of reprimand to the
Moot House, 2626 S. College Ave. The Chairman put the motion which was
unanimously adopted.
Panhandler's incident:
Sgt. Mason then asked for a show/cause hearing for Panhandler's Pizza, 1220
W. Elizabeth, because of an incident where two 17 year old boys were arrested
in an intoxicated state while in a vehicle. One of these individuals gave a written
statement that they had been drinking in Panhandler's that evening. Since this
is the third incident that has been brought to his attention, Sgt. Mason asked
that a show/cause hearing be held on February 8.
Authority member Long made a motion, seconded by Authority member Bean, to
schedule a show/cause hearing on February 8, 1978, for Panhandler's Pizza,
.1220 W. Elizabeth. The Chairman put the motion which was unanimously adopted.
Sgt. Mason distributed a letter he had received from Jerry Nix in reference to
an incident at the Catacombs. The Authority's opinion was that no violation
had occurred in regards to the liquor laws.
Adjournment
Authority member Long made a motion, seconded by Authority member Wilson, to
adjourn the meeting. The Chairman put the motion which was unanimously adopted.
The meeting adjourned at 10:45 p.m.
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�anuary 11, 19ya
Chairman
Deputy
City Clerk �