HomeMy WebLinkAboutLiquor Licensing Authority - Minutes - 01/04/1989LIQUOR LICENSING AUTHORITY MINUTES
Regular Meeting - January 4, 1989
6:35 p.m.
A regular meeting of the Liquor Licensing Authority was held on Wednesday,
January 4, 1989, in the Council Chambers of the Fort Collins Municipal
Building. The following members were present: Bullard, Cooper, Denmark,
Gadsby, Garber, Poncelow and Spaulding.
Staff Members Present: Kathy Allin, 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.
If
Report of Change of Manager for Suehiro Japanese Restaurant, 223
Linden.
Frederick Kendall, co-owner of Suehiro Japanese Restaurant, 223
Linden, is reporting a change of manager from Paul Yokomizo, co-owner,
to Frederick Kendall, co-owner. Because Mr. Kendall was previously
approved as an owner of the establishment, a background investigation
is not required. A representative of Suehiro Japanese Restaurant WILL
NOT be present at this meeting.
Report of Change of Manager for Old Chicago, 147 South College.
Old Chicago Fort Collins, Inc., the hotel -restaurant licensee for Old
Chicago, 147 South College, is reporting a change of manager from
Jeffery Schickler to Larry Hennessy. Mr. Hennessy is the
Vice-President/Secretary of Old Chicago Fort Collins, Inc. and will be
serving in an owner/manager capacity for the establishment. Because
Mr. Hennessy was previously approved as an owner of the establishment,
a background investigation is not required. A representative of Old
Chicago Fort Collins, Inc. WILL NOT be present at this meeting.
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Report of Change of Corporate Structure for Fort Collins Junction.
Inc., dba The Junction, 518 West Laurel.
Fort Collins Junction, Inc., the hotel -restaurant licensee for The
Junction, 518 West Laurel, is reporting a change of corporate officers
and directors. Arthur Wong is replacing Larry Hennessy as the
Vice-President/Secretary and a director of the corporation. Because
Mr. Wong was approved as a stockholder in the corporation in July
1988, a background investigation is not required. A representative of
Fort Collins Junction, Inc. WILL NOT be present at this meeting.
Report of Change of Corporate Structure for Mountain Fare. Inc., dba
Washington's. 132 LaPorte Avenue.
Mountain Fare, Inc., the hotel -restaurant licensee for Washington's,
132 LaPorte Avenue, is reporting a change of corporate officers. Jack
G. Sterling has been elected as the new Secretary/Treasurer. A
representative of Mountain Fare, Inc. WILL NOT be present at this
meeting.
This is a request from Meatballs, Inc., the hotel -restaurant licensee
for Meatballs, to move from the present location at 2900 Harvard to
344 East Foothills Parkway, Suite 1W. A representative of Meatballs,
Inc. WILL NOT be present at this meeting.
Boundary Hearing for a New Application for Vicker's #2369, 803
Riverside.
Metro Oil Company has submitted an application for a 3.2% beer license
at 803 Riverside. A representative of Metro Oil Company WILL NOT be
present at this meeting.
Karla Shands has submitted an application for a retail liquor store
license at 460 South College (Spaces F and G). Ms. Shands WILL NOT be
present at this meeting.
Authority member Bullard noted that the Consent Calendar included the
minutes of the November 30, 1988 meeting as amended prior to the meeting.
Authority member Spaulding made a motion, seconded by Authority member
Garber, to adopt and approve all items not removed from the Consent
Calendar. Yeas: Bullard, Cooper, Denmark, Gadsby, Garber, Poncelow, and
Spaulding. Nays: None.
THE MOTION CARRIED.
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Show Cause Hearing for
The Page, 181 North College
Authority member Bullard noted that the licensee for The Page had submitted
a written request for a continuance of the show cause hearing until
February 1, 1989.
Authority member Spaulding made a motion, seconded by Authority member
Garber, to grant a continuance of the show cause hearing for The Page, 181
North College, to February 1, 1989. Yeas: Bullard, Cooper, Denmark,
Gadsby, Garber, Poncelow, and Spaulding. Nays: None.
THE MOTION CARRIED.
Registration of Saleh Soliman as Manager of
Red Lobster Restaurant #393, 3301 South College
(Secretary's Note: Mr. Soliman was not present at this time.)
Authority member Spaulding made a motion, seconded by Authority member
Cooper, to find that probable cause exists to hold a show cause hearing for
Red Lobster for the manager's failure to appear at the hearing.
Following discussion, it was the consensus of the Authority to postpone
consideration of this item until later in the meeting.
Registration of J. Van Hallowell as Manager
of The Junction, 518 West Laurel
J. Van Hallowell stated he was currently staying at a local motel in Fort
Collins while he was looking for a permanent residence in Fort Collins. He
spoke of his part -ownership of two restaurants in Westminster and Lakewood.
He stated he had no interest in The Junction. He spoke of his background
with Concept Restaurants and the reasons he was brought to Fort Collins to
manage The Junction. Mr. Van Hallowell indicated he had not personally
been involved in any violations of the liquor code.
Authority member Garber made a motion, seconded by Authority member
Poncelow, to approve the registration of J. Van Hallowell as manager of The
Junction, 518 West Laurel. Yeas: Bullard, Cooper, Denmark, Gadsby,
Garber, Poncelow, and Spaulding. Nays: None.
THE MOTION CARRIED.
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January 4, 1989
Final Hearing on a New Application for a
Norm Keally, 412 Smith Street, was sworn and stated Cozzola's Pizza has
been in business since November 1987. He stated customers have requested
that beer be available. He indicated he and his partner would be managing
the establishment. Mr. Keally described the menu and stated that the
majority of the business consists of delivery and carry -out. He stated the
business is still growing, and spoke of anticipated plans for the
establishment. He spoke of his attempts to become familiar with the liquor
laws and indicated his commitment to being a responsible licenseholder. He
stated he anticipated that the beer and wine sales would be minimal. Mr.
Keally approached the Authority and pointed out on the floor plan the
location of the food/liquor service counter and the seating arrangement
within the establishment.
Assistant City Attorney Kathy Allin stated she had examined the petitions
and found them to be acceptable with the exception of approximately 10-12
signatures which should be stricken for various reasons.
Applicant's Exhibits A, B, and C were admitted into evidence and identified
as petitions circulated on behalf of the application. Mr. Keally noted
that approximately 500 signatures were obtained in support of the
application with 4 people signing in opposition to the license.
Authority member Denmark made a motion, seconded by Authority member
Garber, to adopt Resolution 89-01 approving the application of Mountain
Dog, Inc. for a beer and wine license at Cozzola's Pizza, 241 Linden.
Yeas: Bullard, Cooper, Denmark, Gadsby, Garber, Poncelow, and Spaulding.
Nays: None.
THE MOTION CARRIED.
Show Cause Hearing for
Archer's. 3524 South Mason
Officer Ernie Tellez was sworn. He summarized the events of November 12,
1988 when a compliance check was conducted at Archer's, 3524 South Mason.
He stated J.J. Van Hook, an underage citizen volunteer, was sent into the
establishment to attempt to purchase a drink. He stated Detective Paul
Landolt entered the establishment after Mr. Van Hook in order to witness
the sale. He stated that when Detective Landolt notified him that the sale
had taken place, he entered the establishment and spoke with Mr. Van Hook
and Detective Landolt. He indicated Detective Landolt had taken into
custody a glass containing liquid which was ordered by Mr. Van Hook. He
stated Mr. Van Hook indicated to him that he had ordered a rum and coke.
Officer Tellez stated he smelled the contents of the glass and determined
that the liquid appeared to be an alcoholic beverage. He stated he asked
Mr. Van Hook to identify the individual who had served him the drink. He
stated Mr. Van Hook pointed out an individual later identified as Marianne
Campbell. Officer Tellez testified that when he contacted Ms. Campbell,
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• January 4, 1989
she was obviously upset about the events that had occurred. He stated Ms.
Campbell indicated she had been employed at Archer's for only 30 minutes
prior to Officer Tellez entering the establishment. He stated Ms. Campbell
wanted to avoid additional problems in connection with a matter currently
before the District Attorney's office and asked if he would work something
out with her. Officer Tellez stated he told Ms. Campbell "no", and that
she would be issued a summons in connection with the liquor violation.
Officer Tellez stated that just prior to exiting the business with Ms.
Campbell, an unidentified woman working the bar asked him what was going
on. He stated he explained that the establishment had just completed a
sale to an underage person. He stated the woman stated that she had
checked everyone's identification, that everyone had an ID, and that
everyone was of age. He noted the evidence (glass and liquid) was packaged
and logged into the Police Department's evidence locker. He stated he did
not yet have a report determining the amount of alcohol in the liquid.
James Jack Van Hook was sworn and testified as to his actions with regard
to this incident. He stated he entered Archer's with money provided by
Officer Tellez and was at no time asked to produce identification. He
stated he walked down to the second level of the establishment and sat down
to watch people playing pool. He stated the barmaid approached him and
asked if he wanted to order a drink. He stated he ordered a rum and coke
which she brought back a few minutes later and he paid for the drink. He
stated his birthdate is December 3, 1968 and that he was 19 years old at
the time of the incident.
Windlyn Mason, representing Archer's, cross-examined Mr. Van Hook. In
response to Ms. Mason's questions, Mr. Van Hook testified that he was not
asked for identification. He stated he sat at a table by himself and that
there was not another group of people standing next to him. He stated he
did not observe Ms. Campbell checking the identification of other patrons.
In response to a question from the Authority, Mr. Van Hook testified that
Officer Tellez had taken his identification prior to entering the
establishment and that he would not have been able to produce
identification if requested. Mr. Van Hook described the clothing he wore
on the evening of the incident. He stated the establishment did not appear
to be very busy and that he saw only one person working the floor.
Detective Paul Landolt was sworn and stated on November 12, 1988 he was
assisting Officer Tellez in conducting compliance checks of liquor -licensed
establishments. He stated he observed J.J. Van Hook enter Archer's and
watched through the window as Mr. Van Hook made his way to a small round
table in the lower area in the back of the establishment. He stated he
waited a couple of minutes and then entered the establishment. He stated
no one was sitting at the door when he entered and the establishment did
not appear to be busy. He stated he watched Mr. Van Hook sitting at the
table and noted that there were no other people in the immediate vicinity
of Mr. Van Hook. He stated he remained inside the establishment for a few
minutes and then exited when nothing appeared to be happening. He stated
he again watched through the window for a few more minutes and then
reentered the establishment. He stated there was still no one working the
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• • January 4, 1989
door. He stated he followed this procedure one more time and this time
noticed that there was a napkin placed in front of Mr. Van Hook. Detective
Landoll; testified he took a position near the pool tables, approximately
10-15 feet from Mr. Van Hook and watched the waitress, later identified as
Marianne Campbell, approach Mr. Van Hook and serve him a drink. He stated
he approached Mr. Van Hook, took possession of the drink, and sent Mr. Van
Hook outside to notify Officer Tellez. He stated when the waitress
returned he identified himself and Officer Tellez then arrived. Detective
Landolt stated he placed the drink in a sterile evidence jar. He stated
the drink smelled like an alcoholic beverage.
Diana Lynn Mulder, 3109
bartender on duty the
instructed Ms. Campbell
checked for everyone in
that the employees were
she saw Mr. Van Hook
East Mulberry, was sworn and
night of November 12, 1988
when she came on duty that
the establishment, not only f
familiar with everyone in the
enter the establishment an
d
In response to questions from the Authority, Ms. Mulder stated Ms. Campbell
came to work at approximately 7:10 p.m. and was instructed on the
establishment's policies, including checking identification. She stated
Ms. Campbell was put on the floor at 8:00 p.m. Ms. Mulder stated that Ms.
Campbell indicated in her employment application that she had experience as
a cocktail waitress. She stated the doorman normally goes on duty at 8:30
p.m. and that a second cocktail waitress arrives at 9:00 p.m. She
testified that employees are provided a training manual and required to
read it before being placed on the floor. She stated she did not train Ms.
Campbell and could not testify as to Ms. Campbell's training. She stated
when she reviewed the policies with Ms. Campbell that evening she seemed to
understand the policies.
Windlyn Mason was sworn and stated she hired Ms. Campbell, who had six
years of experience in bar management at the Quality Inn in Denver. She
stated Ms. Campbell was interviewed, given an orientation, and went through
observation. She stated Ms. Campbell was placed on the floor just prior to
Officer Tellez's compliance check. She stated she came into Archer's at
9:15 p.m. to observe Ms. Campbell and to work with her to help her do her
job properly. Ms. Mason testified that Ms. Campbell was well informed of
the policies and procedures. She stated the doorman came on duty at 8:30
p.m. and that he followed the Police Department representatives into the
establishment. She indicated that the doorman was in the back getting his
stamp and stamp pad when the violation occurred.
In response to questions from the Authority, Ms. Mason described the
training program for employees and the carding policies. Ms. Mason stated
she brought with her Ms. Campbell's personnel file and the manager's manual
which is available to all the waitresses at any time.
0 • January 4, 1989
Licensee's Exhibit A was admitted into evidence and was identified as a
manager's training manual.
Ms. Mason stated Ms. Campbell was not able to attend one of Officer
Tellez's liquor classes because one was not available during the term of
her employment. She indicated that all employees attend a class when one
is available.
Dana Geyer, owner, was sworn and stated he is a sincere, honest,
responsible business owner. He stated he did not know how an employee
could misunderstand the establishment's policies on checking
identification. He admitted that an infraction of the law had occurred.
He assured the Authority that he was trying as hard as he could to avoid
violations of the Liquor Code. He spoke of his efforts to operate the
establishment in a responsible manner. He asked the Authority to take into
consideration that this was the first time the current licenseholder was
before the Authority for a violation.
Authority member Poncelow made a motion, seconded by Authority member
Spaulding, to find that a violation for serving to an individual under the
age of 21 years did occur at Archer's, 3524 South Mason. Yeas: Bullard,
Cooper, Denmark, Gadsby, Poncelow, and Spaulding. Nays: Garber.
THE MOTION CARRIED.
Secretary Rita Knoll provided the Authority with the history of previous
violations at Archer's. She stated that ownership of Archer's was
transferred to TDMH, Inc. on August 10, 1988 and that no violations had
occurred under the new ownership. It was noted that two violations had
occurred under the ownership of Archers DHT, Inc. and that the current
manager of the establishment, Tom Goll, was a corporate officer of Archers
DHT, Inc. The two violations occurred in April and May of 1988, both for
selling alcoholic beverages to an individual under the age of 21 years.
She stated letters of reprimand were issued by the Authority for those
violations.
Officer Tellez stated he believed that this violation was the result of a
failure on the part of both the employee and management of the
establishment.
Ms. Mason stated Ms. Campbell received extensive training and that it was
an oversight by Ms. Campbell, not a failure of management.
Authority member Cooper stated he believed that there was a liquor
violation by the employee and a violation of the establishment's policies.
He stated the evidence offered shows that employees are in a training mode
for 30 days and that Ms. Campbell was put on the floor to work in less than
30 days. He stated he thought both parties were at fault.
Ms. Mason clarified that Ms. Campbell was no longer in training when she
was put on the floor, but that she was on probation.
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• January 4, 1989
Authority member Garber stated he believed that the training provided by
the establishment was exceptional. He stated he could not support anything
more than a letter of reprimand.
Authority member Denmark agreed that the management and the policies are
impressive, but stated that if the policies can't be communicated to line
staff so that they act appropriately even on the first day of the job, then
there is a failure in the system somewhere.
Authority member Garber stated the licensee was being held accountable for
an employee's negligence. He stated he did not see evidence of willful and
wanton actions on the part of the licenseholder. He stated he believed
management had done everything they could to prevent violations.
Authority member Poncelow stated she did not believe it was impossible to
make sure employees do not violate the law. She pointed out that
management hires the employees and they should be responsible for the
employees. She stated the establishment has not been responsible for the
last year.
Authority member Cooper made a motion, seconded by Authority member
Bullard, to levy a one -day suspension to be served within the next 30 days
and that the premises be posted.
Authority member Spaulding stated she did not believe a one -day suspension
was sufficient since this is the third violation within one year, all for
serving an underage person.
Authority member Bullard stated this is the first violation for the current
owner.
The vote on Authority member Cooper's motion was as follows: Yeas: Bullard,
Cooper, and Denmark. Nays: Gadsby, Garber, Poncelow, and Spaulding.
THE MOTION FAILED.
Authority member Poncelow made a motion, seconded by Authority member
Spaulding, to levy a three-day suspension to be served within the next 30
days and that the premises be posted. Yeas: Denmark, Poncelow, and
Spaulding. Nays: Bullard, Cooper, Gadsby, and Garber.
THE MOTION FAILED.
Authority member Cooper made a motion, seconded by Authority member
Spaulding, to levy a two-day suspension to be served within the next 30
days and that the premises be posted. Yeas: Bullard, Cooper, Denmark,
Poncelow, and Spaulding. Nays: Gadsby, and Garber.
THE MOTION CARRIED.
0 January 4, 1989
Registration of Saleh Soliman as Manager
of Red Lobster Restaurant #393, 3301 South College
Saleh Soliman apologized for not being present earlier in the meeting. He
summarized his experience with the service of alcohol and his knowledge of
the liquor laws. He stated he had eight years experience in the liquor
business.
Authority member Spaulding made a motion, seconded by Authority member
Cooper, to approve the registration of Saleh Soliman as manager of Red
Lobster Restaurant #393, 3301 South College. Yeas: Bullard, Cooper,
Denmark, Gadsby, Garber, Poncelow, and Spaulding. Nays: None.
THE MOTION CARRIED.
Authority members Spaulding and Cooper withdrew their previous motion to
find probable cause for a violation by Red Lobster Restaurant.
Report of Change of Manager for
Cuisine! Cuisine!. 130 South Mason
Kathleen Jones, 310 Peterson, stated she has very little prior experience
with the sale of alcoholic beverages and spoke of her efforts to learn the
liquor laws. She stated she was developing policy manuals for employees in
addition to verbal training of employees. She stated she did not receive
any training with regards to the sale of liquor when she began employment
at Cuisine! Cuisine!. Ms. Jones stated approximately 10% of the
establishment's business is from the sale of liquor.
Authority member Cooper made a motion, seconded by Authority member
Spaulding, to approve Kathleen Jones as the manager of Cuisine! Cuisine!,
130 South Mason. Yeas: Bullard, Cooper, Denmark, Gadsby, Garber,
Poncelow, and Spaulding. Nays: None.
THE MOTION CARRIED.
Final Hearing on a Change of Location
for Joe's Fireside Cafe,
from 311 South College to 238 South College
Joe Ierisi, owner of Joe's Fireside Cafe, was sworn. He described his
plans to move the establishment to 238 South College (formerly Mercy Farm
Restaurant). He stated he has had a beer and wine license for six years
and has outgrown his current location. He noted that alcohol sales result
in approximately 2-3% of total sales. He stated the menu will be
essentially the same and he will be open seven days a week. Mr. Ierisi
pointed out that he would be using the patio area previously used by Mercy
Farm and spoke about how he would supervise the service of liquor on the
patio. He stated he has not experienced any problems with liquor service
in the past and described his carding policies. Mr. Ierisi stated he had
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January 4, 1989
petitioned the neighborhood and noted that the Assistant City Attorney had
some problems with the petition. He stated he circulated the petitions
during the past 13 days.
Assistant City Attorney Kathy Allin stated she had examined the petitions
circulated on behalf of this application and noted there was problem with
the format because there was no date listed with each signature showing
when each individual signed the petition. She stated the petition also
lacked a full verification by the circulator as required by the City Code.
She stated although the petitions were flawed, it was her opinion that the
Authority could take testimony from Mr. Ierisi as to the number of people
who indicated support for the application. She stated the petitions could
not, however, be received as evidence.
Mr. Ierisi summarized the petitioning effort. He pointed out that a sign
had been posted at his current location for approximately six weeks
notifying patrons that a move was pending, and noted that no objections to
the change of location were raised.
Authority member Spaulding made a motion, seconded by Authority member
Poncelow, to adopt Resolution 89-02 approving the change of location for
Joe's Fireside Cafe, from 311 South College to 238 South College. Yeas:
Bullard, Cooper, Denmark, Gadsby, Garber, Poncelow, and Spaulding. Nays:
None.
THE MOTION CARRIED.
Transfer of Ownership of Von Donner's Restaurant
and Beer Garden, 25 Old Town Square, and
Trade Name Change to Old Town Ale House
Authority members Poncelow and Garber stated they each had a potential
conflict of interest because their children attend a day care center owned
by Mr. and Mrs. Fetters. Both members indicated that they would not,
however, be withdrawing from consideration of this item, noting that their
association with Mr. and Mrs. Fetters would not affect their consideration
of the application.
Harold Lee Fetters described his plans for the establishment. He stated
following approval of the transfer of ownership of the liquor license, an
extensive remodel of the premises would be done with the decor and theme
being that of an English pub. He indicated the establishment would be
ready to open in April or May. Mr. Fetters described the types of food and
beverage that would be emphasized. He stated he did not have experience
with the service of liquor, but noted his son, Troy Fetter, who would be
managing the establishment, did have prior experience. He added that Troy
was currently attending a hotel and restaurant/bar management school. He
indicated arrangements had been made to have Troy work in other
liquor -licensed establishments prior to the opening of Old Town Ale House
so that he may gain further experience and knowledge with regard to the
service of liquor. Mr. Fetters described the floor plan of the
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• • January 4, 1989
establishment and pointed out the location of seating within the
establishment. He noted that the location of the bar would remain the
same. He indicated that the patio area would be enclosed with a fence
similar to the one used at another licensed establishment, Cafe Francais.
Mr. Fetters presented a proposed menu which was accepted as Exhibit A.
Authority member Poncelow made a motion, seconded by Authority member
Cooper, to approve the transfer of ownership of Von Donner's Restaurant and
Beer Garden from Slippery Plank Enterprises, Ltd. to Harold Lee Fetters,
dba Old Town Ale House, 25 Old Town Square. Yeas: Bullard, Cooper,
Denmark, Gadsby, Garber, Poncelow, and Spaulding. Nays: None.
THE MOTION CARRIED.
Troy Fetter, manager, described his background and experience with the
Colorado liquor laws. He noted he has not been directly responsible for
liquor sales. He spoke of the school he was attending in Denver and stated
he had attended the class offered by Officer Ernie Tellez. He stated he
would be obtaining some "hands on" experience at Potters in Boulder prior
to the opening of the establishment. Mr. Fetters spoke of his expectations
for training of employees and the development of training materials. He
described his anticipated carding policies.
Authority member Denmark made a motion, seconded by Authority member
Garber, to approve the registration of Troy Fetters as manager of Old Town
Ale House, 25 Old Town Square. Yeas: Bullard, Cooper, Denmark, Gadsby,
Garber, Poncelow, and Spaulding. Nays: None.
THE MOTION CARRIED.
(Secretary's Note: The following five items all pertain to applications
from Schrader Oil Company. Information pertaining to Schrader Oil Company
and its plans for each establishment was presented collectively.)
Final Hearing on a New Application for a 3.2% Beer
License at Schrader's Country Store #250, 940 South Lemay
Transfer of Ownership of Scout 66, 320 North College,
and Trade Name Change to Schrader's Country Store #100
Transfer of Ownership of Harmony Road 66, 4524 South College
and Trade Name Change to Schrader's Country Store #110
Transfer of Ownership of the Country Store, 830 South College,
and Trade Name Change to Schrader's Country Store #410
Transfer of Ownership of the Country Store, 1517 South Lemay,
and Trade Name Change to Schrader's Country Store #420
Wayne Schrader, president of Schrader Oil Company, was sworn. He stated
Schrader Oil Company has been in business for 50 years in Fort Collins. He
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• • January 4, 1989
stated the Company has been focusing on the convenience store industry
during the last few years rather than conventional service stations. He
spoke of current licenses held by Schrader Oil Company.
Mr. Schrader stated that the Company has owned the station located at 940
South Lemay for 21 years and stated the station was in need of some repairs
and remodeling. He indicated that the store was also being remodeled and
the application for a 3.2% beer license was filed in conjunction with the
remodeling. He spoke of the feasibility of opening a convenience store at
that location. He stated he anticipated the new store would be opened in
approximately 45 days.
Eileen Swiers was sworn and stated she is the secretary/treasurer of Market
Service Associates. She stated her company circulated petitions on behalf
of the application for a 3.2% beer license at Schrader's Country Store
#250, 940 South Lemay.
Exhibits A through E were admitted into evidence and identified as a
summary report of the petitioning process and petitions circulated on
behalf of the application.
Ms. Swiers described the petitioning methods used for this application.
She stated 200 individuals signed in favor of the application, 64 signed
opposing the application, and 74 declined to sign the petitions. She
stated in her experience the results of this survey show above -average
support for the license.
In response to questions from the Authority, Mr. Schrader stated a manager
has not yet been hired for the store at 940 South Lemay. He spoke of two
violations that occurred at other licensed establishments owned by Schrader
Oil Company. He described training provided to employees with regard to
the sale of alcohol. He stated he and his three children are the officers
and stockholders of Schrader Oil Company.
Authority member Cooper made a motion, seconded by Authority member Garber,
to adopt Resolution 89-03 approving the application for a 3.2% beer license
at 940 South Lemay, dba Schrader's Country Store #250. Yeas: Bullard,
Cooper, Denmark, Gadsby, Garber, Poncelow, and Spaulding. Nays: None.
THE MOTION CARRIED.
Mr. Schrader stated the stores at 320 North College and 4524 South College
have been licensed for a number of years and the licenses have been held by
himself as an individual. He stated the company recently purchased the
other two stores at 830 South College and 1517 South Lemay. He stated his
attorney advised that the licenses for all the businesses should be
transferred to the corporation. He stated John Howe would remain as the
manager at the store at 320 North College and that there would be no
changes in the operation of that store. He noted that Rod Thompson would
remain as manager of the store at 4524 South College and that the operation
of that store would remain the same. He stated the other two stores would
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operate essentially the same and that the current personnel would be
retained.
Authority member Cooper made a motion, seconded by Authority member
Spaulding, to approve items 19 through 22 (Transfer of Ownership of Scout
66, 320 North College, and Trade Name Change to Schrader's Country Store
#100; Transfer of Ownership of Harmony Road 66, 4524 South College and
Trade Name Change to Schrader's Country Store #110; Transfer of Ownership
of the Country Store, 830 South College, and Trade Name Change to
Schrader's Country Store #410; and Transfer of Ownership of the Country
Store, 1517 South Lemay, and Trade Name Change to Schrader's Country Store
#420). Yeas: Bullard, Cooper, Denmark, Gadsby, Garber, Poncelow, and
Spaulding. Nays: None.
THE MOTION CARRIED.
Other Business
Authority member Garber proposed a work session of the Authority to discuss
show cause hearing procedures.
After discussion, it was the consensus of the Authority to hold a work
session on January 25 from 11:30 a.m. to 1:00 p.m. in the Council
Information Center. It was noted that the Council liaison to the
Authority, Councilmember Bob Winokur, would be invited to attend.
Secretary Rita Knoll informed the Authority that the State Liquor
Enforcement Division's field investigator, Dave Sauter, had requested an
opportunity to meet with the Authority to discuss show cause hearings and
other matters. It was decided to invite Mr. Sauter to attend the February
1 meeting of the Authority to observe the show cause hearings scheduled for
that meeting, and that a later meeting could be scheduled with Mr. Sauter.
Election of Officers
Authority member Spaulding nominated Peter Bullard as Chairperson.
Authority member Cooper nominated Stacy Poncelow as Vice -Chairperson.
Secretary Rita Knoll pointed out that these officers would serve until
August or September so that the election of officers is brought into line
with other boards and commissions.
Authority member Spaulding made a motion, seconded by Authority member
Gadsby, to elect Peter Bullard as Chairperson and Stacy Poncelow as
Vice -Chairperson. Yeas: Bullard, Cooper, Denmark, Gadsby, Garber,
Poncelow, and Spaulding. Nays: None.
THE MOTION CARRIED.
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•
• January 4, 1989
Adjournment
Authority member Garber made a motion, seconded by Authority member Gadsby,
to adjourn. Yeas: Bullard, Cooper, Denmark, Gadsby, Garber, Poncelow, and
Spaulding. Nays: None.
THE MOTION CARRIED.
The meeting was adjourned at approximately 10:20 p.m.
Ch r on
940-
Secretary
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