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HomeMy WebLinkAboutLiquor Licensing Authority - Minutes - 11/12/1981v LIQUOR LICENSING AUTHORITY Regular Meeting - November 12, 1981 7:30 P. M. A regular meeting of the Liquor Licensing Authority was held on Thursday, November 12, 1981, in the Council Chambers of the City of Fort Collins Municipal Building. Roll call was answered by the following members: Bujack, Long, Oldham, Seegmiller and Wilson. Staff Members Present: Debbie Caster, City Clerk's Office Ken Kirchhoff, Police Department Gregory Denton, City Attorney's Office Minutes of the Regular Meeting of October 14, 1981, Approved as Published Authority member Long made a motion, seconded by Authority member Bujack, to approve the minutes of the regular meeting of October 14, 1981, as published. The Chairman put the motion which was unanimously adopted. Minutes of the Special Meeting of October 28, 1981, Approved as Published Authority member Long made a motion, seconded by Authority member Bujack, to approve the minutes of the special meeting of October 28, 1981, as published. The Chairman put the motion which was unanimously adopted. Minutes of the Special Meeting of November 4, 1981, Approved as Published Authority member Long made a motion, seconded by Authority member Bujack,, to approve the minutes of the special meeting of November 4, 1981, as published. The Chairman put the motion which was unanimously adopted. The following renewals were placed on the agenda for approval by the Authority because they have had a violation occur within the last licensing year. -2- November 12, 1981 Renewal Application for Ponderosa Liquors, 3836 South College Avenue Authority member Long made a motion, seconded by Authority member Bujack, to approve the renewal application for Ponderosa Liquors, 3836 South College Avenue.• The Chairman put the motion which was unanimously adopted. Renewal Application for Friends II, 142 Linden Authority member Long made a motion, seconded by Authority member Bujack, to approve the renewal application for Friends II, 142 Linden. The Chairman put the motion which was unanimously adopted. Renewal Application for Moot House, 2626 South College Avenue Authority member Long made a motion, seconded by Authority member Bujack, to approve the renewal application for Moot House, 2626 South College Avenue. The Chairman put the motion which was unanimously adopted. New Application Accepted for a Hotel -Restaurant License for Denny's Inc., 2143 South College Avenue Authority member Long made a motion, seconded by Authority member Bujack, to accept the application and set the preliminary hearing for December 9, 1981, and the final hearing for January 6, 1982. The Chairman put the motion which was unanimously adopted. New Application Accepted for a Hotel -Restaurant License for Station Masters. Incoroorated. 200 Jefferson Authority member Long made a motion, seconded by Authority member Bujack, to accept the application and set the preliminary hearing for December 9, 1981, and the final hearing for January 6, 1982. The Chairman put the motion which was unanimously adopted. -3- November 12, 1981 Preliminary Hearing for a Hotel -Restaurant License for E1 Burrito, 404 Linden The boundaries as proposed by the administration were as follows: North from the subject premises to the City limits. West from the subject premises to the City limits and Shields Street. South from the subject premises to East Elizabeth extended to South Drive. East from the subject premises to the City limits and Lemay Avenue. Mr. Jesse Godinez stated the boundaries are acceptable. Authority member Long made a motion, seconded by Authority member Bujack, to accept the boundaries as proposed for E1 Burrito, 404 Linden. The Chairman put the motion which was unanimously adopted. Preliminary Hearing for a Hotel -Restaurant License for ShowBiz Pizza, 105 West Prospect The boundaries as proposed by the administration were as follows: North from the subject premises to West Mountain Avenue. West from the subject premises to Shields Street. South from the subject premises to Drake Road. East from the subject premises to Lemay Avenue. Mr. Brian McMahill, attorney representing the applicant, stated the boun- daries are acceptable. Authority member Long made a motion, seconded by Authority member Bujack, to accept the boundaries as proposed for ShowBiz Pizza, 105 West Prospect. The Chairman put the motion which was unanimously adopted. Final Hearing for a Retail Liquor Store License for Wine and Liquor Specials, 2439 South College Avenue Buildinq C. Unit 4 The Resolution outlining the results of the preliminary hearing was read by title only. Authority member Long made a motion, seconded by Authority member Bujack, to adopt the Resolution as presented. The Chairman put the motion which was unanimously adopted. -4- November 12, 1981 Mr. Ramsey Myatt, attorney representing the applicant, called his first witness, Mr. Michaels. Mr. Andy Michaels, 2937 Brookwood Drive, Fort Collins, Colorado, was sworn and stated he is a realtor for Stephen and Company. He went on to say that he is the project manager for the South College Shops, the area in which the store wi11 be located. Mr. Michaels stated the owner and tenants of the South College Shops are in favor of the license. He went on to say that the increased traffic generated due to the retail store will benefit the other shops. Mr. Michaels added that there are no other liquor outlets within the immediate vicinity. Mr. Myatt called his second witness, Mr. Robinson. Mr. Stephen Leigh Robinson, 2030 Constitution, Fort Collins, Colorado, was sworn and stated he has been in the real estate business for approximately 5 years. Mr. Robinson spoke of his education and work background. He explained that his location of the store was selected with the concept of one -stop convenience (King Soopers is located next door). Mr. Robinson stated he has contacted business owners and residents within the neighbor- hood area regarding his application for a liquor license. He stated he received a favorable response from the area. In reference to the sur- rounding retail liquor stores, Mr. Robinson stated he feels none of them offer the one -stop convenience that his store will. Mr. Myatt submitted Applicants Exhibit 1, which was identified as petitions circulated by people Mr. Robinson hired. The petitions contained approxi- mately 405 signatures in favor of the application. Mr. Robinson stated it is his opinion that the existing outlets in the neighborhood do not meet the needs of the neighborhood. Mr. Robinson spoke of the floor plan and layout of the proposed store. He also spoke of the employees he has hired and their backgrounds. He stated he•will be present at the store the majority of time. In his absence he stated he will leave qualified employees in charge. Mr. Robinson stated he has reviewed the liquor laws of Colorado and feels he is familiar with them. Mr. Rock Sorenson, attorney representing the following retail liquor outlets in opposition: 1) Spring Creek Liquors, 1005 West Stuart. 2) Foothills Discount Liquors, 111 West Monroe. 3) North College Liquors, 814 North College Avenue 4) Pitstop Liquors, 315 Riverside Avenue. 5) Ponderosa Liquors, 3836 South College Avenue. 6) Saddle -Up Liquors, 1015 South Taft Hill Road. 7) Johnny's Liquors, 111 West Prospect. 8) South College Liquors, 2724 South College Avenue. 9) Harmony Road Liquors, 115 East Harmony Road. -5- November 12, 1981 Mr. Sorenson pointed out that it is not known how many people were con- tacted to sign the petition or how many refused to sign. He also stated Mr. Robinson has had no experience in the retail liquor business. In addition, Mr. Sorenson pointed out that there are a number of retail outlets within the neighborhood. He objected to the granting of the license on the basis that the neighborhood needs were not adequately proven. Mr. Ramsey Myatt stated that only one owner of the retail stores was present at the meeting. He added that no testimony has been given or any petitions submitted in protest of the license. Authority member Wilson made a motion, seconded by Authority member Long, to approve the granting of a retail liquor store license for Wine and Liquor Specials, 2439 South College Avenue, Building C, Unit 4, contingent upon a favorable police report from the Colorado Bureau of Inventigations. The Chairman put the motion with the following votes: Yeas: Bujack, Long Oldham and Wilson. Nays: Seegmiller. The license was granted 4-1. Show/Cause Hearing for 7-Eleven, 1001 Lemay Avenue Assistant City Attorney Greg Denton called Amy Creager, 1905 Westfield Drive, Fort Collins, Colorado, who was sworn before testifying to the facts of the incident occurring September 11, 1981, at 7-Eleven, 1001 Lemay Avenue. Ms. Creager stated she was instructed to attempt to purchase some beer with the money given to her by Officer McKibben. She stated she was accompanied by John Tellez when she entered the store and purchased a 6-pack of Coors beer. Ms. Creager stated she was not asked for any ID and that her birthdate is 4/1/66. For the record it was noted that Amy was dressed in a pair of blue jeans, plaid shirt and tennis shoes. Mr. Denton then called Officer Robert McKibben who was sworn and testified that he did not see Amy purchase the beer. He stated Ms. Creager described the clerk who sold the beer who he in turn issued a summons to. Authority member Bujack made a motion, seconded by Authority member Oldham, that a violation did occur at 7-Eleven, 1001 Lemay Avenue, on September 11, 1981. Mr. Jim Sperry, 404 Galaxy Way, Fort Collins, Colorado, stated he is the Senior Supervisor of Northern Colorado District. Mr. Sperry explained that -6- November 12, 1981 the individual who made the sale was suspended and later fired. He stated 7-Eleven has training programs for all their employees. He explained that each new employee receives approximately 16 hours training prior to working on their own. Mr. Sperry stated since the incident September 11, they have drafted a new form for training their employees on the beer laws. Assistant City Attorney Greg Denton stated the suspension should be deter- mined by the Authority and pointed out that there is an underage violation, as well as an after hours violation. Authority member Bujack made a motion, seconded by Authority member Long, to suspend the license at 7-Eleven, 1001 Lemay Avenue, for one -day within a 30-day period and ordered the premises to be posted. The Chairman put the motion which was unanimously adopted. Show/Cause Hearing for Avogadro's Number, 605 South Mason Mr. Rock Sorenson, attorney representing Avogadro's Number, stipulated to the alcohol that was sold. Assistant City Attorney Greg Denton called Amy Creager, 1905 Westfield Drive, Fort Collins, Colorado, who was sworn before testifying to the facts of the incident occurring September 11, 1981, at Avogadro's Number. Ms. Creager stated her date of birth is 4/1/66. She explained that she was instructed by Officer McKibben to enter the establishment along with John Tellez and Dan Krueckeberg and attempt to order and purchase some beer. She stated they took a sample of the beer for evidence. Ms. Creager stated she then pointed out to Officer McKibben the employee who sold them the beer. She stated no ID was asked of any of them. For the record, it was noted that Ms. Creager was wearing tennis shoes, blue jeans, and a plaid shirt. Mr. Denton then called Dan Krueckeberg who was sworn and stated his birth - date is 3/26/63. He explained that Amy did all of the ordering and pur- chasing of the beer. Mr. Denton then called Officer Robert McKibben, Police Officer for the City of Fort Collins, who was sworn and testified that Ms. Amy Creager pointed out Steven Polite, the employee who sold the beer. Authority member Long made a motion, seconded by Authority member Bujack, that a violation did occur at Avogadro's Number, 605 South Mason, on September 11, 1981. Mr. Sorenson called Robert Osborne, 122 North Mack, Fort Collins, Colorado, who was sworn and stated he is the owner of Avogadro's Number, 605 South -1- November 12, 1981 Mason. He stated he has had no prior viol.ations during his ownership. Mr. Osborne stated he is on the premises approximately 20 hours a week. He added that he has an assistant manager who is there when he is absent. Mr. Osborne went on to explain the training policy of Avogadro's Number and the ID checking policy. He stated no one who appears to be under 25 years is served a drink without a valid ID. He added that this was the policy prior to the violation. Since the violation, Mr. Osborne stated every employee has been instructed to check every person for an ID regardless of their age. He stated a sign to this effect will be posted on the premises. If anyone does not check an ID, he stated he will terminate them. A written policy of Avogadro's Number was submitted into evidence as Licensee's Exhibit A. Mr. Osborne added that the employee,Steven Polite, has been fired. He stated the policies have been reviewed with his employees since the September 11 incident. Assistant City Attorney Greg Denton stated the Police Department is recom- mending a letter of reprimand. Authority member Long made a motion, seconded by Authority member Oldham, to suspend the license for Avogadro's Number for one.business day within a 30-day period and ordered the premises to be posted. The Chairman put the motion with the following votes: Yeas: Long. Nays: Bujack, Seegmiller, Oldham, and Wilson. Authority member Wilson stated she feels corrective action is being taken. Authority member Bujack made a motion to direct the City Attorney's office to write a letter of reprimand to the owner. Due to a lack of second, the motion died. Authority member Wilson made a motion, seconded by Authority member Bujack, to suspend the license for one day to be held in abeyance for one year (until November 12, 1982), and any further violations received within one year will be dealt with in addition to the one -day suspension. The Chairman put the motion with the following votes: Yeas: Bujack, Seegmiller, Oldham, and Wilson. Nays: Long. The motion carried 4-1. -8- November 12, 1981 Show/Cause Hearing for Pizza Inn, 820 City Park Avenue Assistant City Attorney Greg Denton stated the owner is present and wishes to admit to the violation. Mr. Edwin Hanson, 1422 West Oak, Fort Collins, Colorado, was sworn and stated he has sold The Pizza Inn. Mr. Hanson admitted to the violation which occurred on September 11, 1981. Authority member Bujack made a motion, seconded by Authority member Wilson, that a violation did occur at Pizza Inn, 820 City Park Avenue. The Chairman put the motion to vote which was unanimously adopted. Mr. Hanson stated he would want the violation to be handled by the Au- thority in the event he would like to apply for another license in the future. Assistant City Attorney Greg Denton stated the Police Department is recom- mending 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 the owner. The Chairman put the motion with the following votes: Yeas: Bujack, Long, Seegmiller, and Oldham. Nays: Wilson. The motion was adopted 4-1. Final Resolution on Retail Liquor Store License for Downtown Liquor Mart, 102 West Olive Mr. John Duvall, attorney representing the applicant, requested the Au- thority reconsider their decision for denial of the license. State statute requires a decision to be made within 30 days after the final hearing, which was October 14, 1981. It was pointed out to the applicant that a reconsideration could not be heard for another 30 days, the next regularly scheduled meeting. Assistant City Attorney Greg Denton advised the Board that voting on the Resolution would also be their decision whether to reconsider their decision or not. The Resolution was read by title only. 9 i -9- November 12, 1981 Authority member Oldham made a motion, seconded by Authority member Wilson, to adopt the Resolution as presented (which was for denial). The Chairman put the motion with the following votes: Yeas: Seegmiller, Oldham and Wilson. Nays: Bujack and Long. (Note: The Authority decided not to reconsider their decision for denial of the license). Final Resolution on Hotel -Restaurant License for Old Chicago of Fort Collins, 147 South College Avenue The Resolution was read by title only. Authority member Long made a motion, seconded by Authority member Bujack, to adopt the Resolution as presented. The Chairman put the motion which was unanimously adopted. Final Resolution on Retail Liquor Store License for Wine and Liquor Specials, 2439 South College Avenue, Building C, Unit 4 The Resolution was read by title only. Authority member Long made a motion, seconded by Authority member Bujack, to adopt the Resolution as presented. The Chairman put the motion which was unanimously adopted. Police Report There was no police report given for the month of November. Other Business 1) In reference to the letter Officer Ken Kirchhoff submitted to the Authority (on file in the City Clerk's Office) in regard to David Miller, the Authority decided to table any action until further inves- tigation is done. 2) Bill Starke, owner of the Northern Hotel is requesting to transfer the existing liquor license to his name. It was pointed out that the -10- November 12, 1981 license will expire on December 5, 1981, prior to the next regularly scheduled meeting which is December 9. Although the premises have been vacated for a number of months, the State has given the local Authority discretion as to whether they want to consider a transfer of ownership. The Authority unanimously decided to hear a transfer of ownership on December 2, 1981, at their special meeting, provided Mr. Starke has all documents submitted for his file prior to the hearing and that the premises be posted by the applicant. Adjournment Authority member Wilson made a motion, seconded by Authority member Bujack, to adjourn. The meeting was adjourned at approximately 12:05 A.M. rman Secretary