Loading...
HomeMy WebLinkAboutLiquor Licensing Authority - Minutes - 06/21/1989LIQUOR LICENSING AUTHORITY MINUTES Regular Meeting - June 21, 1989 6:30 p.m. A regular meeting of the Liquor Licensing Authority was held on Wednesday, June 21, 1989, in the Council Chambers of the Fort Collins Municipal Building. The following members were present: Bullard, Cooper, Denmark, Gadsby, Garber, and Poncelow. Authority Members Absent: Spaulding Staff Members Present: John Duval, City Attorney's Office Rita Knoll, City Clerk's Office Sandy Gibson, Police Department Consent Calendar This Calendar is intended to expedite the meeting an allow the Authority to spend its time and energy on the important items on a lengthy agenda. Anyone may request an item be "pulled" off the Consent Calendar and considered separately. Items pulled from the Consent Calendar will be considered separately immediately following adopt of the Consent Calendar. Items of extreme controversy will be discussed near the end of the meeting under Pulled Consent Items. 2. 3. ro William Starke, the hotel -restaurant licensee for the Northern Dining and Bar Bazaar, 172 North College, is requesting approval of a trade name change to Northern Dining and Bar Bazaar and Old Colorado Brewing. Fereshteh Noudjoumi, the hotel -restaurant licensee for Skorpios Restaurant, 146 North College, is requesting approval of a trade name change to Novak's Little Budapest. American Drug Stores, Inc., the 3.2% beer licensee for Osco Drug Store #2199, 112 East Foothills Parkway, is reporting a change of corporate 0 • June 21, 1989 officers and directors. This change of corporate structure was filed directly with the State Liquor Enforcement Division, which has issued a new master file letter indicating the satisfactory results of its background investigation of the new individuals. Approval by the local authority is requested based upon the State's investigation and acceptance of the reported changes. 5. Ram Pub Corporation of Colorado, the hotel -restaurant licensee for Chesterfield, Bottomsley, and Potts, 1415 West Elizabeth, is requesting approval of Kevin Sheesley as manager of the establishment. Mr. Sheesley is replacing Scott Hudson as manager. Authority member Garber requested Item #2, Change of Trade Name from Northern Dining and Bar Bazaar, 172 North College, to Northern Dining and Bar Bazaar and Old Colorado Brewing, be removed from the Consent Calendar. Authority member Poncelow made a motion, seconded by Authority member Gadsby, to adopt and approve all items not removed from the Consent Calendar. Yeas: Bullard, Cooper, Denmark, Gadsby, Garber, and Poncelow. Nays: None. THE MOTION CARRIED. Change of Trade Name from Northern Dining and Bar Bazaar, 172 North College, to Northern Dining and Bar Bazaar and Old Colorado Brewing Authority member Garber asked what the licensee would receive if this application is approved. He expressed concern that Mr. Starke might interpret approval of the trade name change as more than just that. Secretary Rita Knoll replied that she believed Mr. Starke was very clear on what applications he needs to file in addition to this trade name change. She stated the State Liquor Enforcement Division will issue a permit to change the trade name which is to be posted on the wall next to the existing liquor license. Authority member Gadsby suggested the Authority may want to send a letter to Mr. Starke explaining that there has been confusion in the past and clarifying exactly what approval of the trade name change means. Secretary Knoll explained that Mr. Starke has obtained the necessary paperwork to file a transfer of ownership application and request for modification of the premises. She stated a partial application was received in the City Clerk's Office, but the application was rejected because it was not complete. She stated the State has not approved the pending brewery application. She noted regardless of the outcome of the 0 • June 21, 1989 brewery application, Mr. Starke could still request approval of the new trade name. Authority member Poncelow stated she did not see any need to change the trade name at this time because it implies that Mr. Starke is going to automatically receive a brewery license and that the Authority was going to approve the modification of premises. Authority member Bullard stated he was willing to approve the trade name change contingent upon the State's approval of the brewery license and the Authority's approval of the modification of premises. Authority member Cooper made a motion, seconded by Authority member Garber, to table the application for a change of trade for Northern Dining and Bar Bazaar, 172 North College, to July 19. Yeas: Bullard, Cooper, Gadsby, Garber, and Poncelow. Nays: Denmark. THE MOTION CARRIED. Registration of Jeffrey Meier as Manager of Vicker's #2623, 221 West Prospect Jeffrey Meier, manager, described his background and experience with the sale and service of alcohol. He stated prior to being employed by Total Petroleum, he was employed by PDQ Food Stores for 14 years. He stated as a manager for PDQ in Wisconsin and Nevada, he was responsible for the liquor licenses. He stated as manager, there was one violation that occurred due to an employee selling to an underage individual. Mr. Meier stated identification is checked for any individual who appears to be under the age of 30. He stated there is no specific training program regarding alcohol, but noted that new employees are advised of age requirements and hours of operation. Authority member Denmark made a motion, seconded by Authority member Garber, to approve Jeffrey Meier as manager of Vicker's #2623, 221 West Prospect. Yeas: Bullard, Cooper, Denmark, Gadsby, Garber, and Poncelow. Nays: None. THE MOTION CARRIED. Request from the Ben Car Corporation, dba Spring Creek Bar and Grill, 1005 Spring Creek Lane. to Modify the Premises Marvin Ness, owner, stated the proposed modification involves removing two walls which currently enclose a storage room to enlarge the passageway from the front part of the establishment to the rear part of the establishment. He stated this modification will allow employees to better observe what is occurring in the pool room from the front of the establishment. He stated there would be no change in seating and no increase in liquor sales as a result of this modification. 11 • June 21, 1989 Authority member Poncelow made a motion, seconded by Authority member Garber, to find that the proposed modification at Spring Creek Bar and Grill, 1005 Spring Creek Lane, is not substantial. Yeas: Bullard, Cooper, Denmark, Gadsby, Garber, and Poncelow. Nays: None. THE MOTION CARRIED. Request from Match -Ups, Inc., dba Match -Ups, 625 South Mason. to Modify the Premises Authority member Gadsby stated she is acquainted with Mr. Archer and the employees at Match -Ups, but noted that she did not believe it would affect her judgment on this matter. Kevin Archer, owner, stated that, at its last meeting, the Authority approved a change of class of license from 3.2% beer to a hotel -restaurant license. He stated the premises now need to be modified to include a full -service kitchen. He indicated the kitchen, lounge area, and bar would all be relocated within the establishment and that additional pool tables would be installed. Mr. Archer stated he anticipated a slight increase in alcohol sales because of the conversion to a hotel -restaurant license. He stated the interior design was wide open, allowing employees to observe all areas of the establishment. He noted that the entrance to the establishment will be from the parking lot rather than from Mason Street. He stated the new entrance will facilitate checking IDs as patrons enter the establishment. Authority member Poncelow made a motion, seconded by Authority member Garber, to find that the proposed modification of Match -Ups, 625 South Mason, is not substantial. Authority member Garber expressed concern about the meal service complying with the provisions of a hotel -restaurant license. Authority member Gadsby stated that pool league activities often include dinner. The vote on Authority member Poncelow's motion was as follows: Yeas: Bullard, Denmark, Gadsby, Garber, and Poncelow. Nays: Cooper. THE MOTION CARRIED. Consideration of an Application from the Foothills Sertoma Club, Inc. for a Special Events Permit at Library Park. 201 Peterson Jim Larsen, representing Foothills Sertoma Club, described the event planned by the Foothills Sertoma Club as a part of the New West Fest. He stated a beer garden would be set up in Library Park and that only 3.2% beer and pepsi would be served. He spoke of the devices that would be set • June 21, 1989 up to confine the area and stated club members would be patrolling the perimeter to ensure that alcohol does not go outside of the roped off area. Mr. Larsen spoke of prior events held by the Foothills Sertoma Club and stated the club has some familiarity with running an operation of this type. He stated the hours of operation would be consistent with the hours for the New West Fest activities. Maggie Kunze, Executive Director of the Downtown Business Association, spoke of the New West Fest activities and noted that it is desirable to have the beer garden open the same hours as the rest of the festivities. She indicated the hours of the New West Fest are 10:00 a.m. to 9:00 p.m. on Saturday, and 12:00 noon to 5:00 p.m. on Sunday. In response to questions from the Authority, Mr. Larsen indicated he would be willing to amend the application to reflect the hours outlined by Ms. Kunze. Ms. Kunze spoke of security that will be provided as a part of the New West Fest and stated the City will be asked to provide extra officers to patrol the areas were the festival will take place. She stated if the City does not provide officers, private security officers will be hired. Mr. Larsen described how the sale of beer and pepsi would be handled. He stated approximately 8 to 10 club members would be working the area at all times. Authority member Gadsby made a motion, seconded by Authority member Cooper, to approve a special events permit for the Foothills Sertoma Club on August 19 and 20, 1989 at Library Park with the hours of operation amended to 10:00 a.m. to 9:00 p.m. on August 19 and 12:00 noon to 5:00 p.m. on August 20. Secretary Rita Knoll stated she believed the hours of operation should include any period of time that alcohol would be on location, including delivery, set-up, and clean-up. (Secretary's Note: The Authority agreed to the hours of 8:00 a.m. to 10:00 p.m. on August 19 and 10:00 a.m. and 6:00 p.m. on August 20.) The vote on Authority member Gadsby's motion was as follows: Yeas: Bullard, Cooper, Denmark, Gadsby, Garber, and Poncelow. Nays: None. THE MOTION CARRIED. Hearing on a New Application for a Retail Liquor Store License at Cherry Liquor, 415 Cherry Street Jim Schechter, applicant, was sworn. He stated the establishment would be a small, one -room liquor store in a residential area. He noted that there is an apartment attached to the building. He stated structure is an old building, which they plan to restore. Mr. Schechter stated he has worked • • June 21, 1989 in the restaurant industry for approximately 14 years in Colorado and several years before that in New York state. He stated he previously owned a hotel -restaurant license and a retail liquor store license in Larimer County. He indicated he is a graduate in psychology and has periodically worked in psychiatric hospitals and stated he believed that experience is also valuable. In response to a question from the Authority, Mr. Schechter indicated he was never involved with a violation of the liquor laws while he owned a liquor license or was employed in a liquor -licensed establishment. Mr. Schechter approached the Authority with an architect's rendering of the proposed floor plan and described the layout of the establishment. In response to questions from the Authority, Mr. Schechter stated he did not believe it would be necessary to include the basement in the licensed premises because he did not need the space for storage. Mr. Schechter stated there is a door exiting the cooler that will be used only to accept deliveries. He noted that the cooler will have a glass front and can be observed from the cash register. (Secretary's Note: Applicant's Exhibit B was admitted into evidence and identified as an architect's rendering of the proposed floor plan of the establishment.) In response to a question from the Authority, Mr. Schechter stated that the DUI arrest listed in his Background Investigation Questionnaire has been dismissed. He noted at the time of his arrest he had to surrender his license and that it took approximately two months to get it back. Mr. Schechter stated he and his wife petitioned within the neighborhood. He noted they were favorably received, presumably because people felt that the area wasn't being served. He pointed out the closest outlet is approximately 1/2 mile away at North College Liquor. He stated that he believed that because this neighborhood is largely residential, a lot of driving could be prevented by having a local store. Mr. Schechter stated he had petitions to submit. Assistant City Attorney John Duval stated he had examined the petitions and had found several problems with them. He stated that he struck approximately 17 signatures because no age was indicated, no date of signing was listed, no indication of whether the individual was for or against the application, or the individual appeared to be under the age of 21 years. He stated that City Code requires that each petition shall contain a verified statement signed by the circulator of the petition indicating that the circulator personally witnessed each signature. He stated that, based on the form of the petitions as submitted, he could not determine which petitions were circulated by which circulator. He stated it was his opinion that the petitions were not admissible in their present form. Mr. Schechter stated he misunderstood the requirement and that he thought the verification was that they had gone out and obtained the signatures. He stated they amassed all the signatures and clipped them together with • • June 21, 1989 the notarized verifications for his wife and himself. He indicated that he and his wife split up to obtain the signatures. Rhonda Schechter was sworn. She stated she and her husband did all of the petitioning. Assistant City Attorney Duval stated his interpretation of the section of the Code which addresses petitions is that there must be a way to determine that the particular signatures on a particular petition were circulated by a particular circulator. He stated that the problem may be cured if the circulators can separate the petitions by who the circulator was. (Secretary's Note: Mrs. Schechter worked on separating the petitions while the hearing continued.) Mr. Schechter stated based on his petitioning efforts, the neighborhood was very interested in having a store in the area. He stated a few people refused to sign the petition because they did not drink. He indicated almost all of the parties who reside across the street from the proposed establishment signed in favor of the application. He stated of those individuals who live next door to the establishment, one signed in favor and two indicated they would not oppose the application but they would not sign in favor either. Mr. Schechter stated approximately two people signed against the application. Mr. Schechter stated the area is not currently being served by any close establishment and he believed it was a good idea to have an establishment in the area. He stated he did not intend to have the establishment open during all allowable hours, and noted that he anticipated closing the store at 10:00 p.m. Mr. Schechter stated he did not intend to hire any employees and that he would run the establishment himself. Rhonda Schechter stated she had separated the petitions as accurately as possible by looking at the maps that were used by each of them. In response questions from the Authority, Mr. Schechter stated the funds to establish this business are coming from a settlement he received as a result of an automobile accident he was involved in. He stated a tenant will be occupying the apartment behind the store. He indicated that there is a door between the apartment and the cooler, which will be kept locked. Assistant City Attorney John Duval stated he had again reviewed the petitions and stated in their revised form they were admissible into evidence. He pointed out that the Authority should determine what weight should be given to the evidence. Applicant's Exhibits A and C were admitted into evidence and identified as petitions circulated on behalf of the application. Mr. Schechter indicated that approximately 208 signatures were obtained in favor of the application and approximately 2 signatures obtained were in opposition to the application. June 21, 1989 Authority member Poncelow pointed out that the petitions contained signatures from individuals who appear to live outside of the neighborhood boundaries. Mrs. Schechter indicated that she obtained signatures in lindens Bar and later realized that some of the individuals did not reside within the boundaries. Mr. Schechter indicated that approximately 10 signatures were obtained at Lindens. In response to a question from the Authority, Assistant City Attorney Duval indicated that signatures from individuals outside of the neighborhood should not be considered. Mr. Schechter stated he believed less than 10 signatures were invalid and agreed that it would be fair to revise the number of signatures obtained in favor of the application to approximately 200. James Burrill was sworn. He read a statement outlining his objections to the granting of a retail liquor store license at this location. The statement indicated that he owns property at 303, 305, 313, and 315 North Meldrum. He stated that he did not believe the neighborhood could not bear the effects of a liquor store. He spoke of the Eagles Club at 302 North Meldrum and the incidents of intoxicated persons. He stated he believed another liquor outlet will intensify that problem. He spoke of violent incidents in the surrounding neighborhood including fights and rapes at Lee Martinez Park. He indicated he felt strongly that a liquor store does not belong in such close proximity to the park. Christine Wessels, 317 North Meldrum, was sworn. She stated her family owns two properties in the 300 block of North Meldrum. She stated the area is strictly residential and she would like to keep it that way. She indicated there is a lot of vandalism in the area and stated she believed a liquor store would bring more problems to the neighborhood. Ms. Wessels stated members of the Eagles Club urinate on their front lawn and indicated that she did not believe they needed any more problems. In response to questions from the Authority, Mr. Burrill stated he is planning to open an antique shop at one of his properties. He stated it would be a family -oriented business and shouldn't present any problems. He indicated it would be a low -volume business and that parking would not be needed. Mr. Burrill stated he believed parking is not adequate for the proposed liquor store. Mr. Schechter stated the problems at the Eagles Club are unfortunate, and pointed out that he would not be selling alcohol by the drink for consumption on the premises. Mr. Burrill expressed concern that the Eagles Club would find the establishment a more convenient source for its liquor. In response to a question by the Authority, Mr. Burrill indicated that some of the • • June 21, 1989 neighborhood crimes he mentioned were alcohol related. He stated the Eagles Club is a social club that serves alcohol gratuitously. He indicated he did not make an attempt to circulate a petition against the application. Mary Margaret Glennie, 1317 Lakewood Drive, was sworn. In response to a question from the Authority, Ms. Glennie indicated she does not live or own a business within the neighborhood boundaries. Assistant City Attorney John Duval stated only parties -in -interest may testify and stated he did not believe Ms. Glennie qualified as an interested party. James Wessels, 317 North Meldrum, was sworn. He expressed concern about traffic that may be generated by this business and inadequate parking. He spoke of problems with alcohol -related incidents in the neighborhood. Mr. Schechter stated he will be a small operation and noted that there is adequate parking in front of the store for short term parking. He stated as a licensee, he would be responsible for screening intoxicated persons before allowing them to purchase liquor. Authority member Denmark stated although he understood the definition of interested parties, he was troubled that a citizen would make the effort to attend the meeting and not be allowed to speak. He questioned whether Ms. Glennie could speak now that evidence is closed. Assistant City Attorney Duval stated that State statute provides that only interested parties may present evidence at a hearing. He expressed concern that if Ms. Glennie were allowed to testify and the application is denied, the applicant would have grounds for reversal of the Authority's decision. He stated he did not believe evidence was closed yet and that allowing more comments would be receiving additional evidence. Authority member Garber pointed out that any individual may address the Authority under Other Business. He stated that allowing an individual who lives outside of the defined neighborhood would be unfair to the applicant, who would not be allowed to call witnesses who live outside of the neighborhood to testify on behalf of his application. Authority member Garber made a motion, seconded by Authority member Gadsby, to adopt Resolution 89-13 approving a retail liquor store license at Cherry Liquor, 415 Cherry Street. Authority member Poncelow stated even before testimony was heard from the residents of the neighborhood, she had a feeling that this wasn't a very good location for a liquor store due to the residential nature of the neighborhood. She stated that the lack of a large number of signatures showing needs and desires of the neighborhood added to that feeling. Authority member Cooper stated he did not have a problem with the location of the liquor store. He stated that based on the fact that there was strong opposition from the neighborhood, questionable signatures on the • • June 21, 1989 petitions, and flaws in the petitioning process, he would have to vote against the application. Authority member Garber stated he was also not concerned about the location. He stated petitions are not required, but are used as an indication of the needs and desires of the neighborhood. He stated although a number of the signatures are questionable, there are at least 100 individuals who indicated they felt the needs and desires of the neighborhood were not being met. He stated the three individuals who objected to the license based their concerns in part on the problems with the Eagles Club. He stated he found it difficult to hold the applicant responsible for the alcohol abuse of others. He indicated he would vote in favor of the application. Authority member Denmark stated he had conflicting feelings about this application. He stated the integrity of the neighborhood is crucial, and forcefully represented by the Mr. Burrill and the Wessels. He expressed desire to table this matter for another month to allow the applicant to re -petition the neighborhood and to allow the opponents to also organize their opposition. He stated he believed this would provide a more accurate reading of the needs and desires of the neighborhood. Authority member Denmark made a motion to table consideration of this application to July 19 to allow more accurate petitioning of the neighborhood. (Secretary's Note: The Authority took a ten minute recess to allow the Assistant City Attorney to research whether it was permissible to table this item.) Assistant City Attorney Duval stated he believed it would be procedurally correct to table the hearing. Authority member Poncelow seconded Authority member Denmark's motion to table consideration of this application. Authority member Garber objected to tabling this item. He stated he believed there had been adequate time for the neighbors to gather more opposition. He questioned whether it was fair to the applicant to table this item. He indicated if the applicant wanted the item tabled, he would be in favor of the motion. He pointed out to the applicant that if the application is denied, another application could not be made at that location for two years. Authority member Cooper stated if the applicant wanted to continue at this meeting, he would be in favor of that. He stated he did not believe the petitions have much credibility, even though they were done in good faith. He stated he believed the applicant should have the opportunity to correct the procedural errors that have been made. He indicated he believed the applicant would have an overwhelming number of signatures if procedurally the petitions were more accurate. He stated he would vote to table the item unless the applicant objects. • • June 21, 1989 Authority member Poncelow stated she would vote in favor of tabling this item, but noted that did not necessarily mean that she believed the neighbors have to come back with an equal number of signatures opposing the application. She stated she believed a longer period of time to determine the needs and desires of the neighborhood would provide the Authority with a better gauge of the neighborhood's wishes. Mr. Schechter stated he would prefer to proceed at this meeting because the application process has already posed a financial drain. He stated he believed that the evidence showed that the neighborhood on the whole is interested in establishing a business at that location. He indicated he did not believe it was fair to judge his application based on problems at the Eagles Club. Ms. Wessels, speaking on behalf of the opponents, stated they would be in favor of tabling the application so that the opponents can get a better idea of how the neighborhood feels about the application. The vote on Authority member Denmark's motion to table this item was as follows: Yeas: Bullard, Denmark, and Poncelow. Nays: Cooper, Gadsby, and Garber. THE MOTION FAILED TO PASS. Authority member Gadsby stated she understood that the petition has not been done correctly, but noted that the majority of the signatures are from residents of the neighborhood and of legal age to sign the petitions. She stated she was inclined to give more weight to the petitions. Authority member Garber stated although the petitions were flawed, he believed the applicants took appropriate measures to correct that by separating the petitions. He stated even if he disregarded 50% of the signatures he still believed there were sufficient signatures in support of the application. The vote on Authority member Garber's motion to adopt Resolution 89-13 approving the application for a retail liquor store license at Cherry Liquor, 415 Cherry Street, was as follows: Yeas: Gadsby and Garber. Nays: Bullard, Cooper, Denmark, and Poncelow. THE MOTION FAILED. Hearing on a New Application for a Hotel -Restaurant License at CooperSmith's Pub and Brewing. #5 Old Town Square Scott Smith, president of CooperSmith Brewing Company, was sworn. He described his experience in the restaurant industry, noting he has been a manager for the last 10 years. He stated seven years ago he was the owner of Spudworks, which held a beer and wine license. He stated after he sold Spudworks, he was employed by Concept Restaurants of Boulder, and managed Old Chicago and The Prime Minister. Mr. Smith explained the u • June 21, 1989 brewery/restaurant concept and the history of brew pubs. He described the beverages that will be available in the establishment. He stated the atmosphere would be that of an American pub and described the menu and price ranges. Mr. Smith indicated that the location was previously occupied by the Friends Saloon with additional space behind that on Mountain Avenue. He explained the structure of the corporation and the investors and shareholders. He outlined the process used for hiring employees for the establishment and spoke of the training that would be provided to employees and the policies that will be used for checking IDs. Applicant's Exhibit F was admitted into evidence and identified as a menu from the Wynkoop Brewing Company in Denver, which is very similar to the menu that will be used at CooperSmith's. Mr. Smith described the floor plan of the establishment. He stated the patio area would be similar to the patio at Old Town Ale House. He stated there would be a gate, which will be used predominantly as an emergency exit. He added that entrance to the patio will be through the restaurant. Mr. Smith spoke of the level of personnel that would be assigned to the patio area. Applicant's Exhibits A through E were admitted into evidence and identified as petitions circulated on behalf of the application. Mr. Smith described the petitioning process and summarized the results of the petitioning. He stated 312 signatures were obtained and of those 2 signatures were disallowed by the Assistant City Attorney and 2 signatures were in opposition to the application. He spoke of the media attention that has been given to the venture and the support from the City of Fort Collins and people involved in Old Town. Authority member Cooper made a motion, seconded by Authority member Garber, to adopt Resolution 89-14 approving an application for a hotel -restaurant license at CooperSmith's Pub and Brewing, #5 Old Town Square. Yeas: Bullard, Cooper, Denmark, Gadsby, Garber, and Poncelow. Nays: None. THE MOTION CARRIED. Transfer of Ownership of Hemingways, 400 East Olive. and Trade Name Change to Peterson and Olive Richard Peterson, owner, explained his plans for the establishment. He stated the establishment is open for breakfast and lunch, with the possibly of dinner hours at a later date. He explained recent changes at the establishment and noted that he originally owned the business in 1977 and that the business has been sold many times. He spoke of his experience with the restaurant industry and described training that will be provided to employees. Mr. Peterson indicated that the selection of alcoholic beverages will be limited, and that he envisioned that not more than 10 percent of revenue would be from the sale of alcohol. • June 21, 1989 Authority member Cooper made a motion, seconded by Authority member Gadsby, to approve the transfer of ownership of Hemingways, 400 East Olive, from Ronald and Nancy Flory to Richard Carlton Peterson, Jr., and Trade Name Change to Peterson and Olive. Yeas: Bullard, Cooper, Denmark, Gadsby, Garber, and Poncelow. Nays: None. THE MOTION CARRIED. Transfer of Ownership of Sea Galley, 100 West Troutman Parkway Art March, attorney representing the applicant, stated the applicants are purchasing restaurants in Fort Collins, Denver, and Wyoming. He noted that a different corporation has been formed for each restaurant, but that the corporate officers are the same for each corporation. He stated Savannah's of Fort Collins, Inc. is purchasing the Fort Collins restaurant. Mr. March stated that initially there will be no changes in the operation of the establishment as a result of the transfer of ownership. He noted that the current registered manager of the establishment, Michael Wiemhoff, will remain as manager. Authority member Cooper made a motion, seconded by Authority member Gadsby, to approve the transfer of ownership of Sea Galley, 100 West Troutman Parkway, form Sea Galley Stores, Inc. to Savannah's of Fort Collins, Inc. Yeas: Bullard, Cooper, Denmark, Gadsby, Garber, and Poncelow. Nays: None. THE MOTION CARRIED. Secretary Rita Knoll suggested the Authority approve Michael Wiemhoff as manager of the establishment for the record, and noted that Mr. Wiemhoff had previously been approved under the ownership of Sea Galley Stores, Inc. Michael Wiemhoff, manager, stated there had been one violation at the establishment since he became manager in July 1984. He stated the violation occurred in February 1988 when an employee served an individual under the age of 21. He stated a one -day suspension was imposed by the Authority. Authority member Gadsby made a motion, seconded by Authority member Garber, to approve Michael Wiemhoff as manager of Sea Galley, 100 West Troutman Parkway. Yeas: Bullard, Cooper, Denmark, Gadsby, Garber, and Poncelow. Nays: None. THE MOTION CARRIED. • • June 21, 1989 Denial of a New Application for a Retail Liquor Store License at Cherry Liquor, 415 Cherry Street Assistant City Attorney John Duval stated he had reconsidered the denial of the Cherry Liquor application and advised the Authority that a motion to deny the license might be appropriate for the record. He stated he would bring a Resolution setting out written findings for the denial to the Authority at its next meeting. Authority member Cooper made a motion, seconded by Authority member Poncelow, to deny the application for a retail liquor store license at Cherry Liquor, 415 Cherry Street. Yeas: Bullard, Cooper, Denmark, and Poncelow. Nays: Gadsby and Garber. THE MOTION CARRIED. Police Report Authority member Poncelow made a motion, seconded by Authority member Gadsby, to determine that probable cause exists to schedule show cause hearings on July 19 for Albertsons, 3660 South Mason, North College Liquors, 814 North College, and Pizza 2001, 802 South College. Yeas: Bullard, Cooper, Denmark, Gadsby, Garber, and Poncelow. Nays: None. THE MOTION CARRIED. Authority member Poncelow made a motion, seconded by Authority member Cooper, to direct the Police Department to subpoena Jeffrey Collins as a witness at the hearing for North College Liquors. Yeas: Bullard, Cooper, Denmark, Gadsby, Garber, and Poncelow. Nays: None. THE MOTION CARRIED. The Authority requested that Ms. Gibson provide the Authority with information on the results of the Police Department's recent compliance checks. Other Business Assistant City Attorney John Duval pointed out that he had made revisions to the proposed hearing procedures based on comments from the Authority at the last meeting. Authority member Poncelow made a motion, seconded by Authority member Cooper, to adopt the hearing procedures for new applications and show cause hearings. Yeas: Bullard, Cooper, Denmark, Gadsby, Garber, and Poncelow. Nays: None. THE MOTION CARRIED. 0 . June 21, 1989 Secretary Rita Knoll indicated that she had provided the Authority with a copy of the materials recently mailed to all licensed establishments and noted that she had received several calls regarding the requirement to register managers. She introduced the new members of the Authority who were appointed by the City Council on June 20 to fill the vacancies created by the expiration of the terms of Pete Bullard and Alice Spaulding. Addournment Authority member Cooper made a motion, seconded by Authority member Gadsby, to adjourn. Yeas: Bullard, Cooper, Denmark, Gadsby, Garber, and Poncelow. Nays: None. THE MOTION CARRIED. The meeting was adjourned at approximately 9:45 p.m. 1g3r11 CM D C airperso Secretary