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HomeMy WebLinkAboutLiquor Licensing Authority - Minutes - 12/16/1981LIQUOR LICENSING AUTHORITY Special Meeting December 16, 1981 - 6:30 p.m. A special meeting of the Liquor Licensing Authority was held at 6:30 p.m. on Wednesday, December 16, 1981, in the City Council Chambers of the City Municipal Building, 300 Laporte Avenue, Fort Collins, Colorado. Present: Authority members Bujack, Long, Oldham, Seegmiller, and Wilson. Also Present: Debbie Caster, City Clerk's Office Ken Kirchhoff, Police Department Peter Ruggiero, City Attorney's Office Show/Cause Hearing for 7-Eleven, 3035 West Prospect Ms. Diane Minogue stipulated to the fact that fermented malt beverage was sold to an individual under the age of 18. Authority member Bujack made a motion, seconded by Authority member Oldham, that a violation did occur at 7-Eleven, 3035 West Prospect, on September 11, 1981. Assistant City Attorney Pete Ruggiero stated the recommendation from the Police Department is a letter of reprimand. Ms. Diane Minogue was sworn and stated she is the manager of 7-Eleven at 3035 West Prospect. She explained that all new employees are trained for 3 consecutive days. She stated each employee is reviewed after 30 days. During this 3-day training, Ms. Minogue stated beer laws are reviewed. The employees are warned of the consequences should a violation occur. She went on to say that the employee on duty September 11 checked the ID of the purchaser but computed the birthdate on the license incorrectly. She stated the employee was terminated due to this error. Ms. Minogue stated she felt the violation occurred due to being busy and because the employee incorrectly computed the date on the license. Chairman Seegmiller stated he feels it is good that an ID was at least asked for. Authority member Bujack made a motion, seconded by Authority member Oldham, to direct the City Attorney's office to write a letter of reprimand to 7-Eleven, 3035 West Prospect. The motion was put to vote which was unanimously adopted. -2- December 16, 1981 Show/Cause Hearing for Johnny's Liquors, 111 W. Prospect Mr. David Osborn stipulated to the content of the alcoholic beverage sold and to the fact that the violation occurred. Authority member Bujack made a motion, seconded by Authority member Long, that a violation did occur at Johnny's Liquors, 111 W. Prospect, on Sep- tember 11, 1981. Assistant City Attorney Pete Ruggiero stated the recommendation by the Police Department is a suspension with the duration to be determined by the Authority. David Osborn called Chuck Baratta, 825 Peterson, Fort Collins, Colorado, who was sworn, and stated he is the manager of Johnny's Liquors. He stated he hired and trained the employee who sold the liquor. He explained that the employee had only been employed at Johnny's for one month. He went on to explain the training procedure. Each employee trains with the manager for 3 days. He stated the ID checking policy is to card anyone under the age of 30 years. Mr. Baratta added that any employee who does not follow their policies is given a verbal warning first. It is their policy to give a voice stress test to all employees every 90 days which is used to test the honesty of their employees and how well they are following the store's policies. Mr. Baratta stated it is their policy to terminate all employees who violate the store's policy and the Colorado liquor laws. David Osborn called Jerry Blake, 1507 Rollingwood Court, who was sworn, and stated he is the owner of Johnny's Liquors. Mr. Blake stated since their last violation, they have changed managers and have enforced the ID check- ing policy procedure among the employees although their policies are basically the same. He stated Johnny's gives a $5 award to each employee who confiscates a fake ID. In addition, Mr. Blake stated any employee who is caught selling without checking an ID is fired. Mr. Blake spoke of the hiring and training policies for all new employees. He spoke of a report the manager is required to submit every 30 days regarding how the employees are following the procedures. Mr. Blake stated the employee who sold the liquor had worked less than 30 days and that they were aware of this and had counseled the employee extensively. He stated he feels because the employee was new and the evening of September 11 was quite busy the viola- tion occurred. Authority member Wilson stated that an ID in this instance -was asked for and that she feels conscious efforts have been made since the violation to enforce the seriousness of ID checking among the employees. Chairman Seegmiller stated he admires the efforts made by the owner and manager to enforce the policies of the store among the employees but feels the violation is serious. He also stated two violations have occurred in the past at Johnny's Liquors which were also serious. -3- December 16, 1981 Authority member Long made a motion for a three-day suspension to be held in abeyance for one year (until December 16, 1982) and to be served in addition to any other suspension should another violation occur. Due to lack of second, the motion died. Authority member Wilson made a motion, seconded by Authority member Bujack, for a one -day suspension to be held in abeyance for one year (until Decem- ber 16, 1982) and to be served in addition to any other suspension should another violation occur. The motion was put with the following votes: Yeas: Bujack, Seegmiller, Oldham and Wilson. Nays: Long. Show/Cause Hearing for Pizza Hut, 2631 South College Avenue Because the licensee was not present and the witnesses to testify on behalf of the City were not present, Assistant City Attorney Pete Ruggiero re- quested that the matter be tabled. Authority member Bujack made a motion, seconded by Authority member Oldham, to table the show/cause hearing for Pizza Hut, 2631 South College Avenue, at a date to be determined by the City Clerk's office. Show/Cause Hearing for Moot House, 2626 South College Avenue Rock Sorenson, attorney representing the licensee, stipulated that malt liquor was sold to an individual under 21 years. It was pointed out that three individuals were involved in the violation but only one is available as a witness for the City. Authority member Bujack made a motion, seconded by Authority member Long, to determine that a violation did occur at the Moot House, 2626 South College Avenue. The Chairman put the motion to vote which was unanimously adopted. Assistant City Attorney Pete Ruggiero stated the recommendation from the Police Department is a letter of reprimand. Rock Sorenson called Toni Sandberg, 306 N. Shields, who was sworn, and stated she was employed as a cocktail waitress on September 11, 1981. She stated she is now a bookkeeper and hostess and that the transition was a mutual agreement between the management and herself. Ms. Sandberg stated she chose to get out of the liquor sales once the violation occurred. Ms. • -4- December 16, 1981 Sandberg spoke of the training she received when she first started as a cocktail waitress. She stated there is a manual available for all cocktail waitresses. She explained that the three individuals talked and acted as though they were regular customers and stated she assumed they were of age. She then explained to the Authority the policy of the Moot House in regard to ID checking. She stated anyone without an ID is not to be served regardless of age and that anyone looking under 30 years of age is to be carded. Rock Sorenson called Richard Lindstrom, 6308 S. Skyline Drive, Evergreen, Colorado, who was sworn and stated he is the president of Moot House, Inc. Mr. Lindstrom described the training manuals used for the bar service personnel. He also spoke of the training procedures for all employees. He added that training is continual. He stated he feels the September 11 incident has made the employees more attentive in checking ID's. Mr. Lindstrom stated that failure to follow their policies is grounds for dismissal. Chairman Seegmiller stated he feels perhaps the employees have been lax in checking ID's since the clientele is mainly middle age. Authority member Long made a motion, seconded by Authority member Bujack, to direct the City Attorney's Office to write a letter of reprimand to the Moot House, 2626 South College Avenue. The motion was put with the following votes: Yeas: Bujack, Long, Oldham. Nays: Seegmiller and Wilson. Show/Cause Hearing for Shop N Go, 1330 West Elizabeth Mr. Ty Tomlinson, district representative for Shop N Go, stipulated to the fact that beer was sold to a minor. Authority member Bujack made a motion, seconded by Authority member Long, to determine that a violation did occur at Shop N Go, 1330 West Elizabeth, on September 11, 1981. Assistant City Attorney Pete Ruggiero stated that the recommendation from the Police Department is fora suspension and the duration of the suspen- sion to be determined by the Authority. Mr. Ty Tomlinson, 1101 McDavidson Circle, Dacono, Colorado, was sworn. He spoke of the 5-day training program given to all new employees. He stated this training center is in Denver but explained that Ms. Sally Baker, manager of Shop N Go at 1330 West Elizabeth, Fort Collins, did the training of the employee who sold the beer. Mr. Tomlinson stated Ms. Baker is a very qualified employee and rather than sending the employee to Denver, the training was done in Fort Collins. The training covers all Colorado beer -5- December 16, 1981 laws and Mr. Tomlinson testified that it is their policy to terminate any employee who fails to carry out the laws. Mr. Tomlinson explained that in most instances, training is done by the local manager unless it is close to Denver. He pointed out that even though not everyone goes to Denver, they still get the same amount of training. He also pointed out that the employee who sold the beer had been employed for only a month but did ask for an ID. Mr. Tomlinson submitted a copy of the store's policies. For the record it was noted that Shop N Go at 1330 West Elizabeth has had two previous violations within a 3-year period. Chairman Seegmiller stated that the training policy might not be adequate since the same violation has occurred. Mr. Tomlinson stated that none of the other stores have been having prob- lems with beer sales to minors. Authority member Wilson emphasized the fact that Shop N Go is located very near the campus and that the licensee needs to be aware that attempts to buy beer will be made from minors. Authority member Long made a motion to suspend the license at Shop N Go for 10 days to be served within the next 30 days and that the premises be posted. Due to a lack of second, the motion died. Authority member Bujack made a motion to suspend the license at Shop N Go for 5 days to be served within the next 30 days and that the premises be posted. Due to a lack of second, the motion died. After additional discussion with Mr. Tomlinson, Authority member Wilson made a motion, seconded by Authority member Oldham, to suspend the license at Shop N Go for 3 days, not necessarily consecutive, to be served within the next 30 days and that the premises are to be posted. The motion was put with the following votes: Yeas: Oldham, Seegmiller and Wilson. Nays: Bujack and Long. For the record, the Authority stated that each show/cause hearing is treated separately and that no action by the Authority is to be deemed as setting a precedent. Show/Cause Hearing for Upper Crust, 2601 South Lemay Avenue Rock Sorenson, attorney representing the applicant, stipulated to the fact that fermented malt beverage was sold. -6- December 16, 1981 Assistant City Attorney Pete Ruggiero called Sue Charvat, 317 N. Pearl, who was sworn, and stated she accompanied Ms. Melissa Krenning into the Upper Crust on September 11, 1981. Sue explained that Melissa received instruc- tions from Officer Tellez to enter the Upper Crust, 2601 South Lenay Avenue, and attempt to purchase beer with marked bills, and then take a sample of the beer before returning to the car. Sue stated that when the beer was ordered no ID was asked for. She stated that Melissa was only 17 years old. She stated she stood next to Melissa while she paid for the beer and that Melissa took the sample back out to Officer Tellez. Assistant City Attorney then called Officer Troy Krenning, 3501 S. Stover, #320, who was sworn, and stated he is the brother of Melissa Krenning. Troy stated his sister was 17 on September 11 and that she has since had a birthday in November. Assistant City Attorney Pete Ruggiero called Officer Gilbert Tellez, who was sworn, and stated he is a police officer for the City of Fort Collins. Officer Tellez stated he instructed Melissa Krenning to enter Upper Crust, 2601 South Lemay, with marked bills and attempt to purchase beer. After the purchase, Officer Tellez stated Melissa brought the sample of beer to him. He stated he then entered Upper Crust and issued a summons to the employee who was described to him by Melissa. Rock Sorenson called Carol Maley, 612 E. Magnolia, who was sworn, and stated she was the manager of Upper Crust on September 11. Ms. Maley stated she was not on duty the evening of September 11. She stated the employee who sold the beer was trained by a previous manager but that in her position as manager she does do the hiring and firing. Ms. Maley then spoke of the training policies and stated that the beer laws are emphasized in this training. She stated it is the policy of Upper Crust to terminate any employee who fails to follow the policy of the restaurant. Rock Sorenson pointed out that an unsuccessful attempt was made to purchase beer at the South College Upper Crust on September 11. Rock then called Mr. David Miller, 3721 South County Road 5, Timnath, Colorado, who was sworn and stated he is the president of the corporation and owner of the Upper Crusts on Lemay Avenue and South College Avenue. Mr. Miller stated he learned of the violation the following Monday and that he decided to terminate the employee, which is consistent with his policy. He went on to explain that prior to September 11, the policies for Upper Crust had been verbal. Since September 11, Mr. Miller stated he has put together written policies and that he is still working on an employee manual. Licensees Exhibit 1 was submitted and identified as written policies for the Upper Crust. Mr. Miller admitted that prior to the violation his policies have been rather lax since they were only verbal. He stated he feels the employees are more vigilant in checking ID's since the violation and the written policies have been established. Mr. Miller stated Ms. Maley was not dismissed but has chosen to leave Upper Crust 0 -7- December 16, 1981 under favorable conditions. He stated he is very concerned with the violation but pointed out that another manager who is no longer with him trained the employee who sold the beer. Authority member Bujack made a motion, seconded by Authority member Oldham, to determine that a violation did occur at Upper Crust, 2601 South Lemay Avenue. Assistant city Attorney Pete Ruggiero stated the recommendation from the Police Department is a letter of reprimand. Authority member Bujack made a motion, seconded by Authority member Long, to direct the City Attorney's Office to write a letter of reprimand to Upper Crust, 2601 South Lemay Avenue. The motion was put with the following votes: Yeas: Bujack, Long, and Wilson. Nays: Oldham and Seegmiller. Adjournment Authority member Bujack made a motion, seconded by Authority member Oldham, to adjourn. The meeting was adjourned at approximately 10:15 p.m. Chairman Secretary