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HomeMy WebLinkAboutLiquor Licensing Authority - Minutes - 03/29/1989C LIQUOR LICENSING AUTHORITY MINUTES Regular Meeting - March 29, 1989 6:37 p.m. A regular meeting of the Liquor Licensing Authority was held on Wednesday, March 29, 1989, in the Council Chambers of the Fort Collins Municipal Building. The following members were present: Bullard, Cooper, Gadsby, Garber, Poncelow, and Spaulding. Authority Members Absent: Denmark. Staff Members Present: Steve Roy, City Attorney's Office Rita Knoll, City Clerk's Office Sandy Gibson, Police Department Consent Calendar This Calendar is intended to expedite the meeting and 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 adoption of the Consent Calendar. Items of extreme controversy will be discussed near the end of the meeting under Pulled Consent Items. 2. Consider approval of the minutes of the March 1. 1989 regular meeting The Gallery at the Fort Collins Club, Inc. has submitted an application for a tavern license at The Gallery at the Fort Collins Club, 1307 East Prospect Road. JJJ Club, Inc., dba Club Columbine, currently holds a hotel -restaurant license at this location. The hotel -restaurant license will be surrendered upon issuance of the new tavern license. Boundary Hearing for a New Application for Cuisine. Cuisine 130 South Mason. Paul Chatfield has submitted an application for a hotel -restaurant license at Cuisine, Cuisine, 130 South Mason. Russell Phipps currently holds a beer and wine license at this location. The beer and wine license will be surrendered upon issuance of the new hotel -restaurant license. Authority member Poncelow made a motion, seconded by Authority member Cooper, to adopt and approve all items not removed from the Consent • 0 March 29, 1989 Calendar. Yeas: Bullard, Cooper, Gadsby, Garber, Poncelow, and Spaulding. Nays: None. THE MOTION CARRIED. Consideration of Petition for Permission to Pay a Fine in Lieu of Suspension of the Hotel - Restaurant License at The Junction, 518 West Laurel Tom Metcalf, attorney representing the licensee, stated he and Van Hallowell, manager of the establishment, were present. He pointed out that a summary of the financial information relating to this request had been provided to the Authority. He stated the original books and records from which the information was gathered were available. Mr. Metcalf briefly explained the process used to gather the financial information. Mr. Metcalf indicated that he had no objection to those members who were not present during the show cause hearing on this matter participating in consideration of this request. Van Hallowell, manager, was sworn and stated he was responsible for the preparation of Exhibit A, which was identified as financial information relating to alcoholic beverage sales at The Junction. He explained how the financial statement was prepared. In response to a question from the Authority, Mr. Hallowell estimated that alcoholic beverage sales are less than 20% of total revenues. It was noted that the fine would calculate out to be $332. Mr. Hallowell testified that he did not believe the public welfare and morals would be impaired by being allowed to pay a fine in lieu of having the license suspended. He spoke of measures that have been taken to insure that future violations do not occur in the establishment. In response to a question from the Authority, Mr. Hallowell stated there would be a reduction in staffing levels if the establishment serves the suspension. He stated he was concerned about the image projected to clientele if the establishment is ordered to serve the suspension and post the premises. Police Investigator Sandy Gibson pointed out that The Junction is located in close proximity to Colorado State University and a large number of underaged individuals. She stated that serving the suspension may present a clearer message to students. Authority member Poncelow made a motion, seconded by Authority member Cooper, to adopt Resolution 89-07 denying a petition for permission to pay a fine in lieu of suspension of the alcoholic beverage license of Fort Collins Junction, Inc., dba The Junction, 518 West Laurel. Authority member Garber expressed concern about the severity of the violation that occurred. He stated although the licenseholder has taken action to correct practices at the establishment, he stated the proximity of the establishment to CSU and amount of impropriety that occurred made it difficult for him to equate a $332 fine to the message he would like to put forth by causing the suspension to be served. -2- • March 29, 1989 Authority member Gadsby stated the licenseholder has taken good steps to insure that future violations do not occur, but expressed concern about the proximity to CSU. She stated she believed a message needed to be sent to individuals who are involved in underage drinking. Authority member Cooper agreed with previous comments and stated the Authority had an obligation to make sure the community and licensee understands the liquor laws. He stated he believed it was important that CSU students understand that underage drinking will not be tolerated and that liquor -licensed establishments have to take stronger measures to prevent underage drinking. Authority member Spaulding stated she would not support the motion and indicated that she was in favor of imposing a fine in lieu of the suspension. Authority member Bullard recognized the licensee's efforts to improve operations at the establishment. He stated he would not support the motion. Authority member Poncelow amended her motion to include in the Resolution the requirement that the suspension be served within the next 30 days and that the premises be posted. Authority member Cooper, as the second to the motion, agreed to the amendment. The vote on Authority member Poncelow's motion to adopt Resolution 89-07 denying the petition to pay a fine in lieu of suspension was as follows: Cooper, Gadsby, Garber, and Poncelow. Nays: Bullard and Spaulding. THE MOTION CARRIED. Final Hearing on a New Application for a 3.2% Beer License at Safeway Store #1071, 460-A South College (Secretary's Note: Authority member Bullard withdrew from consideration and vote on this item due to a perceived conflict of interest.) Alan Dill, attorney representing the applicant, stated although this is a new application, it represents a relocation of the Safeway store at the northwest corner of College and Mulberry to the northeast corner of the same intersection. Willene Stoll, 1301 Lory, was sworn and stated she resides within the relevant neighborhood boundaries. She stated she has been a customer at the downtown Safeway for approximately 10 years and 'added that she purchases beer at that store. She stated she believed there was a continuing need to have beer available at the new Safeway store. -3- • • March 29, 1989 Gary VanDriel, A and B Drycleaning, owner of Match -Ups, 625 South Mason, for this outlet in the neighborhood. 127 West Mulberry, and Kevin Archer, were sworn and testified to the need Max Scott, owner of Oedipus, Inc., was sworn and summarized the petitioning process used in conjunction with this application. Applicant's Exhibits A through E were admitted into evidence and identified as a summary of the petitioning results and petitions circulated on behalf of the application. Mr. Scott noted that 287 individuals signed in favor of issuance of the license. Herbert Pedri, manager of Safeway, 425 South College, was sworn and stated he has been in management with Safeway for 30 years and employed at the current location as manager for 2+ years. He stated he believes the current store at 425 South College meets a need within the neighborhood for the sale of 3.2% beer. He stated the new store is located across the street from the existing store, and noted that the existing store will close upon the opening of the new store. Mr. Pedri spoke of training that will be provided to employees regarding the sale of 3.2% beer. He described the company policy on checking identification. Mr. Pedri spoke of the additional departments in the new store and the added parking facilities. He noted that the anticipated opening of the new store is May 19, 1989. Authority member Cooper made a motion, seconded by Authority member Spaulding, to adopt Resolution 89-08 approving the application of Safeway Stores 46, Inc., dba Safeway Store #1071, 460-A South College. Yeas: Cooper, Gadsby, Garber, Poncelow, and Spaulding. Nays: None. (Authority member Bullard withdrawn) THE MOTION CARRIED. Secretary Rita Knoll pointed out that Mr. Pedri will be transferring to the new location and suggested the Authority consider approving Mr. Pedri as the manager at the new location. She noted that Mr. Pedri had previously been the subject of a background investigation and that no violations had occurred at the existing location during Mr. Pedri's employment as manager. Authority member Cooper made a motion, seconded by Authority member Gadsby, to approve Herbert Pedri as manager of Safeway Store #1071, 460-A South College. Yeas: Cooper, Gadsby, Garber, Poncelow, and Spaulding. Nays: None. (Authority member Bullard withdrawn) THE MOTION CARRIED. -4- • • March 29, 1989 Final Hearing on a New Application for a Beer and Wine License at Western Sizzlin Steak House, 1100 West Drake Road Jim Slappey, president of Slappey Mountain Enterprises, Inc. (applicant), was sworn. He stated Western Sizzlin is the only full service restaurant in the neighborhood and noted that they had received numerous requests from customers for beer and wine service. Leslie Zersen, general manager of The Pulse, was sworn. She stated that members and employees of The Pulse frequently eat at the establishment and that they would appreciate the option of having wine or beer with a meal. Tracy Johnston, 3200 Azalea N2, was sworn and stated she is a resident of the neighborhood. She stated she and her husband both believe the a license at this location would serve the needs of the community. Eileen Swiers, Market Service Associates, was sworn. Applicant's Exhibits A through F were admitted into evidence and identified as a summary of the petition results and petitions circulated on behalf of the application. Ms. Swiers explained the petitioning process and summarized the results of the petitioning. She stated 210 individuals signed in favor of issuance of the license, with 61 opposing issuance of the license. Mr. Slappey spoke of his plans for the alcoholic beverage service. He stated that a customer would have to place an order for alcoholic beverages with the cashier in the food service line. He stated the average beer and wine sales for a franchise Western Sizzlin average between 3 and 5 percent. He described the training that will be provided to employees. Mr. Slappey approached the Authority to review the floor plan of the establishment and the area to be included in the licensed premises. (Secretary's Note: The floor plan outlining the licensed premises was amended to include the kitchen and storage area.) Authority member Cooper made a motion, seconded by Authority member Spaulding, to adopt Resolution 89-09 approving the application for a beer and wine license at Western Sizzlin Steak House, 1100 West Drake Road. Yeas: Bullard, Cooper, Gadsby, Garber, Poncelow, and Spaulding. Nays: None. THE MOTION CARRIED. Registration of Manager for Western Sizzlin Steak House, 1100 West Drake Road Monita Spradlin, manager, described the plans for alcoholic beverage service at the establishment. She indicated that she had attended a training session conducted by Officer Tellez and that she is familiar with the Colorado Liquor Code. She spoke of her prior experience with the service of alcoholic beverages. Ms. Spradlin spoke of training that will -5- • • March 29, 1989 be provided to new employees and noted that they intend to have Officer Tellez conduct classes periodically. Authority member Poncelow made a motion, seconded by Authority member Spaulding, to approve Monita Spradlin as manager of Western Sizzlin Steak House, 1100 West Drake Road. Yeas: Bullard, Cooper, Gadsby, Garber, Poncelow, and Spaulding. Nays: None. THE MOTION CARRIED. Transfer of Ownership of the Country Store, 1331 West Elizabeth, and Trade Name Change to Schrader's Country Store #400 Shirley Nott, assistant to the retail supervisor for Schrader Oil Company's Country Stores, stated that this establishment is a gas store/convenience store. She noted that during the summer the establishment will undergo a complete remodel. She stated that a manager from another store, Rodney Thompson, was being transferred to this location and noted Mr. Thompson has experience with the sale of 3.2% beer. Ms. Nott spoke of training programs and manuals that are provided for employees. She stated the company's policy is to require identification from any individual who appears to be under the age of 35 years. Ms. Nott explained the floor plan of the establishment and indicated where the beer coolers are located. Authority member Spaulding made a motion, seconded by Authority member Garber, to approve the transfer of ownership of the Country Store, 1331 West Elizabeth, from Richard and Rebecca Weaver to Schrader Oil Company, and trade name change to Schrader's Country Store #400. Yeas: Bullard, Cooper, Gadsby, Garber, Poncelow, and Spaulding. Nays: None. THE MOTION CARRIED. Other Business Authority member Bullard pointed out the letter received from Authority member Denmark regarding his need to be absent from several meetings of the Authority. The consensus of the Authority was to excuse those absences, noting Dr. Denmark should be able to attend the May meeting of the Authority. Secretary Rita Knoll stated an amended copy of the Procedures for Fines in Lieu of Suspension had been provided to the Authority and read additional amendments suggested by City Attorney Steve Roy. Authority member Spaulding made a motion, seconded by Authority member Garber, to approve the Procedures for Fines in Lieu of Suspension as amended. Yeas: Bullard, Cooper, Gadsby, Garber, Poncelow, and Spaulding. Nays: None. 19 0 March 29, 1989 THE MOTION CARRIED. The Authority discussed the hearing on The Junction's petition for permission to pay a fine in lieu of having its license suspended. Ad.iournment Authority member Spaulding made a motion, seconded by Authority member Gadsby, to adjourn. Yeas: Bullard, Cooper, Gadsby, Garber, Poncelow, and Spaulding. Nays: None. THE MOTION CARRIED. The meeting was adjourned at approximately 8:50 p.m. iA�(( Secretary Chaff erson -7-