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HomeMy WebLinkAboutLiquor Licensing Authority - Minutes - 05/20/19870 0 LIQUOR LICENSING AUTHORITY Regular Meeting - May 20, 1987 6:31 P.M. A regular meeting of the Liquor Licensing Authority was held on Wednesday, May 20, 1987, in the Council Chambers of the City of Fort Collins Municipal Building. The following members were present: Bullard, Monaghan, Morgan, Spaulding, and Veazie. (Secretary's Note: Authority member Bullard arrived at approximately 6:40 p.m.) Authority Members Absent: Acott and Sommermeyer. Staff Members Present: Jim Broderick, Police Department Debbie Caster, City Clerk's Office Steve Roy, City Attorney's Office Consent Calendar This calendar is intended to expedite the hearings and allow the Authority to spend its time and energy on the more controversial items on a lengthy agenda. Anyone may request an item on this calendar be "pulled" off the Consent Calendar and considered separately. Items pulled by anyone in the audience, the Authority, or staff will be discussed immediately following the Consent Calendar. Items of extreme controversy will be discussed near the end of the meeting under Pulled Consent Items. 1. a. Consider approving the minutes of the regular meeting of April 22, 1987. b. Consider approving the minutes of the special meeting of April 25, 1987. . 2. Registration of Manager: a. Morris Burns University Theatre, CSU 3. New Applications: a. Pizza Palace, 2100 West Drake Road b. Circle K, 3531 South Shields c. Northern Dining and Bar Bazaar, 172 North College Avenue d. Carlos and Luigi's, 518 West Laurel Authority member Spaulding made a motion, seconded by Authority member Monaghan, to approve all items on Consent Calendar and schedule the new applications for hearing on June 17. Yeas: Monaghan, Morgan, Spaulding and Veazie. • . May 20, 1987 Special Events Permit - 3.2% Colorado Vocational Association - August 6 1987 Mr. Lloyd Lawson, executive director, stated they are planning their annual convention to include a banquet and dance on August 6 at the Lory Student Center Ballroom. Mr. Lawson explained that he is responsible for selling drink tickets. He stated that he checks for ID's at the time tickets are purchased. He added that approximately 500 people are expected to attend. Authority member Monaghan made a motion, seconded by Authority member Morgan, to approve the special events permit for Colorado Vocational Association on August 6, 1987. Yeas: Monaghan, Morgan, Spaulding and Veazie. Nays: None. Final Hearing for a Hotel -Restaurant License for Tortilla Marissa's 2635 South College Avenue Mr. Doug DeMercurio, part owner, was sworn and stated he is proposing to open a restaurant which features southwestern mexican food. He explained that he and his wife currently own Nate's Restaurant and will also be owners of the new restaurant. Mr. DeMercurio spoke of their training program and stated that anyone looking under 30 years of age is carded. In addition, he stated all employees are required to attend the City's seminar on the city and state liquor laws. Applicant's Exhibit 1 was submitted and identified as the floor plan. He stated the restaurant will seat approximately 60 people. Mr. DeMercurio stated there will be an outdoor patio added on at a later date but asked the Authority to approve it at this time as part of the licensed premises. Applicant's Exhibit 2 was submitted and identified as a menu. In response to a question by the Authority, Mr. DeMercurio stated he will be the general manager of this restaurant.and register someone else as the manager at Nate's Restaurant. Mr. Max Scott, owner of Oedipus, Inc., was sworn and stated he has contracted with the applicant to conduct the petitioning survey on behalf of the liquor license. Applicant's Exhibit 3 was submitted and identified as petition packets. Applicant's Exhibit 4 was submitted and identified as a summary report. Mr. Scott explained how the survey was conducted and the results. He stated 89%,of the neighborhood area, which was contacted, signed in favor of the license. In response to a question 'by Authority member Bullard, Mr. DeMercurio stated the patio will have a one-way emergency exit. Authority member Monaghan made a motion, seconded by Authority member Bullard, to approve the hotel -restaurant license. Yeas: Bullard, Monaghan, Morgan, Spaulding, and Veazie. Nays: None. Authority member Monaghan made a motion, seconded by Authority member Bullard, to approve the final resolution as presented. Yeas: Bullard, Monaghan, Morgan, Spaulding, and Veazie. Nays: None. -2- • May 20, 1987 Final Hearing for a Hotel -Restaurant License for An American Bistro 115 East Mountain Avenue Mr. Jay Witlen, owner, was sworn and stated he is proposing to open a new restaurant in downtown Fort Collins, which will feature all types of cuisine. Mr. Witlen stated he has owned and operated the Cafe Columbine since 1980 and spoke of his background and training prior to that time. He stated the liquor license is being requested to complement his food menu, and he stated that his establishment will not be a bar. Mr. Witlen spoke briefly of the interior decor and added that he feels the restaurant will be a positive addition to downtown. Mr. Witlen stated he will utilize a written training manual as part of his employee training program, in addition to holding monthly meetings and sending employees to the City's seminar. Applicant's Exhibit 1 was submitted and identified as the menu. It was noted that the restaurant will seat approximately 80-90, with a lounge area seating less than 20. Applicant's Exhibit 3 was submitted and identified as the floor plan. In response to questions by the Authority, Mr. Witlen stated he and his wife own the business and he will be the manager. Mr. Witlen also explained the financial arrangements of the business. Several petitions were submitted and marked as Applicant's Exhibit 2. Assistant City Attorney Steve Roy stated that it was not clear whether the petitions were circulated within the neighborhood area. Ms. Jacquelyn Witlen was sworn and testified that she only circulated petitions within the designated boundaries established by, the Authority. Mr. Jay Witlen also testified that the petitions he circulated were only circulated within the designated boundaries. Mr. Witlen stated approximately 380 signatures were submitted in favor of the license. He stated very few people refused to sign the petition and -noted that the majority of people contacted were very supportive and in favor of,the license.. Authority member Monaghan made a motion, seconded by Authority member Morgan, to approve the hotel -restaurant license. Yeas: Bullard, Monaghan, Morgan, Spaulding, and Veazie. Nays: None. Authority member Monaghan made a motion, seconded by Authority member Morgan, to approve the final resolution as presented. Yeas: Bullard, Monaghan, Morgan, Spaulding, and Veazie. Nays: None. Show/Cause Hearing for Saddle.Up Liauors 1015 South Taft Hill Road It was noted that the attorney representing the applicant requested to table the hearing until June 17, 1987. Authority member Monaghan made a motion, seconded by Authority member Spaulding, to table the show/cause hearing for Saddle Up Liquors to June -3- • • May 20, 1987 17, 1987. Yeas: Bullard, Monaghan, Morgan, Spaulding, and Veazie. Nays: None. Show/Cause Hearing for Upper Crust 2601 South Lemav Avenue Mr. Bob Arnold, owner, was sworn and stated they will stipulate to the violation. Authority member Monaghan made a motion, seconded by Authority member Spaulding, to determine that a violation did occur on March 27, 1987, at Upper Crust, 2601 South Lemay Avenue. Yeas: Bullard, Monaghan, Morgan, Spaulding, and Veazie. Nays: None. Mr. Frank Aragon, shift manager, was sworn and spoke of the incident occurring on March 27. He stated he was on duty at the cash register when 30-40 jr. high school students entered and started placing orders for pizza. He stated there was a lot of confusion at this point when a girl came up to counter and ordered a beer. Mr. Aragon admitted that he was overwhelmed by the amount of orders and did not think to card the customer. Mr. Aragon then stated he served the girl the beer and later the police officer entered the establishment to issue him a ticket. Mr. Arnold stated his employees are aware of the laws and stated the proper signs are posted in the establishment. He explained the incident as a mental breakdown. Mr. Arnold spoke of the carding policy and noted that throughout his many years in the restaurant industry he has never received a liquor law violation. It was noted that Mr. Arnold has held this beer license since. December of 1986. Authority member Monaghan made a motion, seconded by Authority member Morgan, to levy a one -day suspension of the license to be served within the next 30 days at the convenience of the owner andthat the premises be r posted. Yeas: Bullard, Monaghan, Morgan, Spaulding, and Veazie. Show/Cause Hearing for Marriott Hotel. 350 We Horstooth Road Mr. Craig Campbell, resident manager, was sworn and stated they stipulate to the violation. Authority member Monaghan made a motion, seconded by Authority member Spaulding, to determine that a violation did occur on March 27, 1987, at Marriott Hotel, 350 West Horsetooth Road. Yeas: Bullard, Monaghan, Morgan, Spaulding, and Veazie. Mr. Bob Powell, vice president of operations, was also sworn. Mr. Campbell explained the training program at the Marriott Hotel. He stated that the employees are frequently quized by the bar manager and that -4- • May 20, 1987 weekly management staff meetings are held. Mr. Campbell went on to explain that the violation occurred due to a lack of communication. He stated that on Friday afternoons they have additional staff at the door to collect the cover charge and to check for ID's. The waitress who served the drink was not made aware of the fact that staff was no longer carding at the doors, therefore she assumed the minor had already been checked. It was noted that there have been no previous violations since the license was issued in April of 1985. Authority member Monaghan made a motion to issue a letter of reprimand. Due to lack of a second, the motion failed. Authority member Spaulding made a motion, seconded by Authority member Morgan, to levy a one -day suspension of the license to be served within the next 30 business days at the convenience of the owner and that the premises be posted. Yeas: Bullard, Morgan, and Spaulding. Nays: Monaghan and Veazie. Show/Cause Hearing for Gene's Tavern 00 Walnut Officer Deanna Deyen, was sworn, and stated she is a police officer with the City of Fort Collins. On March 3, 1987, Mrs. Barbara Craig came to the Police Department to complain that the bartender at Gene's Tavern was serving her husband, who was intoxicated and had been drinking all day. Officer Deyen stated she responded to the complaint and took the report from Mrs. Craig. Upon entering Gene's Tavern, Officer Deyen identified Mr. Danny Craig and explained to him why she had been called to the establishment. Officer Deyen testified that Mr. Craig's motor skills were impaired and that he had slurred speech, blood shot eyes, an odor of alcohol on his breath, and had to use the building for assistance in standing. During their conversation, Mr. Craig assured the officer that he would not drive a motor vehicle that evening. Officer Deyen then spoke to the bartender on duty, Leon West. Mr. West stated that he did not feel Mr. Craig was intoxicated and admitted to serving him and his group some drinks. After issuing a summons to the bartender, Officer Deyen stated she noticed Mr. Craig was gone and his vehicle was also gone from the area. Office Deyen drove to the Craig's residence and in route noticed Mr. Craig's vehicle at the Ever Open Cafe. She observed Mr. Craig leave the cafe and drive away at a very high speed. She stated she followed him with red lights and Mr. Craig refused to stop until he reached his mobile home. The road side maneuvers were conducted, which Mr. Craig failed. Officer Deyen stated Mr. Craig became angry and a disturbance took place, in which she was injured. Mr. Craig was arrested at that time and given a blood test which showed his blood alcohol level to be .242. In response to questions by the Authority, Officer Deyen stated she has received training on identifying intoxicated persons and is also certified to conduct sobriety tests. Mr. Liggett cross-examined Officer Deyen. Officer Deyen stated she did not contact any of the people in Mr. Craig's group while in the bar. It was -5- . • May 20, 1987 noted that the officer did not ask Mr. Craig if he had been drinking. It was also noted that Mrs. Craig entered the bar very mad and screaming at her husband and the bartender and threw a rum and coke into the sink. Officer Deyen stated she was not aware the drink was replaced. Officer Deyen also stated that Mr. Craig was sitting at the bar, not standing. Mr. Leon West, bartender, was sworn and stated that the Craig party arrived approximately 6 p.m. on March 3. Mr. Craig was with his mother, Bonnie Lenz, his brother, and Karen Vollintine, a friend. Mr. West stated Mr. Craig stood at the end of the bar and did not order any drinks that evening. Mr. West stated that Mrs. Craig has been banned from the bar for several years because of disruptive behavior. He stated, however, that she came in that evening yelling at him and her husband. Mr. West stated that Mrs. Craig then took the drink in front of Karen Vollintine and threw it on the floor. Ms. Lenz then bought another drink for Ms. Vollintine to replace the one Mrs. Craig threw on the floor. In response to questions by the Authority, Mr. West stated that Mr. Craig was in the bar at the time the officer left. He also stated that Mr. Craig would come to the bar at times and not order a drink. Mr. West stated he never told the officer he served Mr. Craig a drink. Officer Deyen cross-examined Mr. West. Mr. West stated that he did not feel Mr. Craig was intoxicated when he entered the bar. Ms. Karen Vollintine, was sworn, and stated she was present at Gene's Tavern with Mr. Craig, his brother and his mother. She stated Mr. Craig was standing at the end of the bar and was not served a drink. Ms. Vollintine stated that Mrs. Craig entered the bar screaming at her husband and proceeded to throw her drink on the floor. She stated Ms. Lenz bought her another drink to replace the one Mrs. Craig threw away. Ms. Vollintine stated that Mr. Craig was in the bar at the time the officer left. In response to questions by the Authority, Ms. Vollintine stated she,. could not tell if Mr. Craig had been drinking. Ms. Bonnie Lenz, was sworn, and stated she is Mr. Craig's mother. Ms. Lenz stated that her son never was served a drink. She explained that after Mrs. Craig threw Karen's drink away she bought her another one. Ms. Lenz stated that the officer left out the front door and her son left out the back door. Mr. Liggott recalled Officer Deyen to discuss how the body metabolizes alcohol over a period of time. The. Authority asked questions of Officer Deyen. Officer Deyen and Mr. Liggott made their closing statements. Detective Broderick commented to the Authority that if they find no violation of serving an intoxicated person that they consider finding a violation for loitering of an intoxicated person on the premises. Mr. Liggott objected on the basis that he would not have had the opportunity to prepare a case regarding the separate issue. Detective Broderick stated that the code allows a second hearing to be scheduled. sm May 20, 1987 Authority Monaghan made a motion, seconded by Authority member Bullard, to determine that no violation occurred under Section 12-47-128 (1)(a), serving an intoxicated person. Yeas: Bullard, Morgan, Monaghan, Spaulding, and Veazie. Nays: None. Authority member Monaghan made a motion, seconded by Authority member Bullard, to determine that a violation did occur under Regulation 47-105.1, loitering of an intoxicated person, and that a letter of reprimand be sent to the licensee. Yeas: Bullard, Monaghan, Spaulding, and Veazie. Nays: Morgan. Other Business Authority member Veazie submitted a draft letter to be mailed out to all establishments which would provide suggestions and tips on training procedures. The Authority unanimously decided such action would not be appropriate action on behalf of the board and the letter not be sent. Authority member Spaulding suggested that the Authority request that City Council appoint an alternate member to the Authority. The Authority decided that an alternate member would not be needed at this time and that each member should evaluate their current commitments in order to decide if they can attend meetings regularly. Detective Jim Broderick reported that Comedy Works is not in compliance with the statute requiring full meals with a hotel -restaurant license. He stated he spoke to the licensee and told them to show a good faith effort prior to this meeting and nothing was heard from them. The Authority requested staff to send a letter to the licensee stating 'some proof will need to be provided, on or before June 17, that they are attempting to come into compliance with state statute and failing that the Authority .will consider whether probable cause exists to schedule a show/cause hearing. Adjournment Authority member Spaulding made a motion, seconded by Authority member Morgan, to adjourn. The Vice -Chairman put the motion to vote which was unanimously adopted. The meeting was adjourned at approximately 9:40 p.m. -7- • May 20, 1987 secretary V ce-Chairman go