Loading...
HomeMy WebLinkAboutLiquor Licensing Authority - Minutes - 01/28/1987• i LIQUOR LICENSING AUTHORITY Regular Meeting - January 28, 1987 7:30 P.M. A regular meeting of the Liquor Licensing Authority was held on Wednesday, January 28, 1987, in the Council Chambers of the City of Fort Collins Municipal Building. The following members were present: Acott, Bullard, Monaghan, Morgan, Sommermeyer, Spaulding, and Veazie. Staff Members Present: Jim Broderick, Police Department Debbie Caster, City Clerk's Office Steve Roy, City Attorney's Office Minutes of the Regular Meeting of December 29, 1986 Approved as Amended Authority member Bullard made an amendment to page 3 of the minutes. Authority member Bullard made a motion, seconded by Authority member Acott, to approve the minutes of the regular meeting of December 29, 1986, as published. Yeas: Acott, Bullard, Monaghan, Morgan, Sommermeyer, and Veazie. Nays: None. Abstain: Spaulding. Show/Cause Hearing for King Soopers, 1015 South Taft Hill Road Mr. Tom Deline, attorney representing the applicant, stated the applicant is willing to stipulate to the violation. Authority member Veazie made a motion, seconded by Authority member Acott, to determine that a violation did occur on December 19, 1986, at King Soopers, 1015 South Taft Hill Road. Yeas: Acott, Bullard, Monaghan, Morgan, Sommermeyer, Spaulding, and Veazie. Nays: None. Mr. Tom Deline noted that the store has only had one other violation which occurred in 1977. He stated the employee involved with this violation has been suspended for one week and is undergoing retraining. Mr. Deline pointed out that the police scout looked older than his true age and the employee did not check for an ID. The police scout was asked to come forward and be identified. In closing, Mr. Deline stated that King Soopers' record will reflect that they strictly enforce the laws and stressed that the store is very concerned with their reputation. Mr. Joe Campanella, general manager, was sworn and spoke of their store policy with respect to beer sales. He submitted written policies for the Authority's review. The Authority suggested the policies be changed so that anyone looking 25 or 26 years or younger should be carded. • • January 28, 1987 In response to some questions by the Authority, Officer Chuck Cross explained what the scouts are instructed to do when attempting to purchase beer or liquor. City's Exhibits 1 and 2 were submitted and identified as pictures of the police scout. Authority member Bullard made a motion, seconded by Authority member Veazie, 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: Acott, Bullard, Monaghan, Morgan, Sommermeyer, Spaulding, and Veazie. Nays: None. Show/Cause Hearing for Mini Mart, 1801 North College Avenue Mr. Michael Liggett, attorney representing the applicant, stated the applicant is willing to stipulate to the violation. Authority member Veazie made a motion, seconded by Authority member Sommermeyer, to determine that a violation did occur on December 19, 1986, at Mini Mart, 1801 North College Avenue. Yeas: Acott, Bullard, Monaghan, Morgan, Sommermeyer, Spaulding, and Veazie. Nays: None. Mr. John Rederford, regional supervisor for Mini Mart, was sworn and submitted written policies for the store, marked as Respondent's Exhibit A. Mr. Rederford addressed how employees are instructed to card for minors. He explained in further detail the store policies with respect to beer sales. Respondent's Exhibit B was submitted and identified as a letter from the Zone Manager in Denver. Mr. Rederford assured the Authority that there have been measures taken to prevent a violation occurring again in the future. Ms. Janice Even, general manager, was sworn and spoke of the training program regarding beer sales. She explained how their training program operates. It was noted that employees are tested upon completion of the training program. A copy of the test was submitted as Respondent's Exhibit C. Ms. Even explained what steps have been taken to prevent any future violation. Authority member Spaulding made a motion, seconded by Authority member Acott, 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: Acott, Bullard, Monaghan, Morgan, Spaulding, and Veazie. Nays: Sommermeyer. Show/Cause Hearing for North College Liquors 814 North College Avenue Mr. Richard Djokic, attorney representing the applicant, stated the applicant is willing to stipulate to the violation. -2- • • January 28, 1987 Authority member Veazie made a motion, seconded by Authority member Spaulding, to determine that a violation did occur on December 19, 1986, at North College Liquors, 814 North College Avenue. Yeas: Acott, Bullard, Monaghan, Morgan, Sommermeyer, Spaulding, and Veazie. Nays: None. Mr. Djokic stated the store is run by a family and their training is conducted on the job. He explained that those looking underage are carded. On the evening of the violation, Mrs. Handy left the store to get something to eat and left a part-time employee in charge. Mrs. Shirley Handy, part-owner, was sworn and stated, in response to a question by the Authority, that the sale to the police scout was an honest mistake. The police scout was asked to stand in the audience to be identified. Authority member Spaulding asked the Authority to take into consideration the economic impact of suspending a license for a retail liquor store. Authority member Morgan made a motion, seconded by Authority member Acott, to levy a one -day suspension of the license to be served within the next 30 days at the convenience of the owner and that the premises be posted. Yeas: Acott, Monaghan, Morgan, and Veazie. Nays: Bullard, Sommermeyer, and Spaulding. Show/Cause Hearing for Savewav Gas, 710 Magnolia Mr. Gary Wetzbarger, district manager, was sworn and stated they will stipulate to the violation. Authority member Veazie made a motion, seconded by Authority member Morgan, to determine that a violation did occur on December 19, 1986, at Saveway Gas, 710 Magnolia. Yeas: Acott, Bullard, Monaghan, Morgan, Sommermeyer, Spaulding, and Veazie. Nays: None. Mr. Wetzbarger spoke of the store's policies and procedures covering beer sales. He stated they card those looking 25 years or younger. He spoke of various documents describing the training procedures, which were submitted as Licensee's Exhibits 1-4. Ms. Sandy vonWedel, Northern Colorado Supervisor, was sworn and spoke of the company's training policy. Ms. vonWedel stated the employee who sold the beer to the police scout has resigned. Ms. Tracy Sunday, general manager, was sworn and stated her employees are instructed to card for ID's regardless of age. She stated employees are instructed to read the policy manual and then sign a document stating they have read and understand the manual. A copy of this document was submitted as Licensee's Exhibit 5. -3- • • January 28, 1987 Authority member Acott 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 premies be posted. Yeas: Acott, Bullard, Monaghan, Morgan, Sommermeyer, Spaulding, and Veazie. Nays: None. Show/Cause Hearing for 7-Eleven. 505 South Shields Mr. Jim Craig, district manager, was sworn and stated they will stipulate to the violation. Authority member Veazie made a motion, seconded by Authority member Morgan, to determine that a violation did occur on December 19, 1986, at 7-Eleven, 505 South Shields. Yeas: Acott, Bullard, Monaghan, Morgan, Sommermeyer, Spaulding, and Veazie. Nays: None. Mr. Craig submitted Licensee's Exhibit 1, which was identified as the training packet used by the company. Mr. Craig contributed the violation to human error and noted that the employee was fired. Mr. Greg Bachel, general manager, was sworn and explained the store's training policies. Mr. Bachel stated he holds monthly employee meetings and requires his employees to attend the City's seminar. The Authority suggested the company consider doing their own spot compliance checks. Authority member Acott 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: Acott, Bullard, Monaghan, Morgan, Sommermeyer, Spaulding, and Veazie. Nays: None. Show/Cause Hearing for Round the Corner. 101 West Swallow Road Mr. Robert Dill, attorney representing the applicant, stated the applicant is willing to stipulate to the violation. Authority member Veazie made a motion, seconded by Authority member Spaulding, to determine that a violation did occur on December 19, 1986, at Round the Corner, 101 West Swallow. Yeas: Acott, Bullard, Monaghan, Morgan, Sommermeyer, Spaulding, and Veazie. Nays: None. Mr. Dill stated the employee who sold the beer to the police scout has submitted a statement explaining the events which occurred that evening. Mr. Dill read the statement aloud, noting that the employee was thrown off the normal routine because the beer was ordered prior to ordering any food. Mr. Dill stated the employees of Round the Corner are required to complete -4- • . January 28, 1987 an extensive training program. It was also noted that the company does conduct their own compliance checks. The police scout involved with this case was asked to stand in the audience. Authority member Acott made a motion, seconded by Authority member Spaulding, to levy a one -day suspension to be served within the next 30 business days at the convenience of the owner and that the premises be posted. Yeas: Acott, Bullard, Monaghan, Morgan, Sommermeyer, Spaulding, and Veazie. Nays: None. Show/Cause Hearing for Bennigans. 2203 South College Avenue The attorney representing Bennigans submitted a letter requesting to continue the hearing to February 25, 1987. Authority member Sommermeyer made a motion, seconded by Authority member Spaulding, to table the hearing for Bennigans to February 25. Yeas: Acott, Bullard, Monaghan, Morgan, Sommermeyer, Spaulding, and Veazie. Nays: None. Show/Cause Hearing for Fast Lane. 200 West Horsetooth Road Mr. Bob Mathews, attorney representing the applicant, stated the applicant is willing to stipulate to the violation. Authority member Veazie made a motion, seconded by Authority member Morgan, to determine that a violation did occur on December 19, 1986, at Fast Lane, 200 West Horsetooth Road. Yeas: Acott, Bullard, Monaghan, Morgan, Sommermeyer, Spaulding, and Veazie. Nays: None. Mr. Mathews stated the company has a policy to fire any employee who violates the beer laws. He noted that when a new employee is hired, they undergo extensive training their first week which includes the sale of beer. All of their employees are required to attend the City's seminar conducted by Ernie Tellez. Mr. Mathews noted that the company has requested permission from Southland Corporation to use their training package. Mr. Mike Gallagher, part owner, was sworn and explained how someone is screened for employment with their company. Authority member Acott made a motion, seconded by Authority member Spaulding, 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: Acott, Bullard, Monaghan, Morgan, Sommermeyer, Spaulding, and Veazie. Nays: None. S72 • January 28, 1987 Change in Trade Name B-Cubed. 3524 South Mason The applicant submitted a request to change the trade name from B-Cubed, 3524 South Mason to Archer's. Authority member Spaulding made a motion, seconded by Authority member Veazie, to approve the change in trade name. Yeas: Acott, Bullard, Monaghan, Morgan, Sommermeyer, Spaulding, and Veazie. Nays: None. Change in Trade Name Spring Creek Runoff/Carlson's Restaurant, 1006 Spring Creek Lane #7 The applicant submitted a request to change the trade name from Spring Creek Runoff/Carlson's Restaurant to Spring Creek Bar & Grill. Authority member Sommermeyer made a motion, seconded by Authority member Veazie, to approve the change in trade name. Yeas: Acott, Bullard, Monaghan, Morgan, Sommermeyer, Spaulding, and Veazie. Nays: None. Expansion of Premises for Archer's. 3524 South Mason Mr. John Archer, owner, stated he has removed the the majority of pool tables and installed a dance floor. He stated their business has grown and in order to meet the request of their clientele they have decided to change their emphasis from billard parlor to live entertainment. Mr. Archer stated there will still be some pool tables and the restaurant portion of the business will remain the same. He noted that the entertainment will include live bands, solo musicians, mini plays, and comedy nights. Mr. Archer stated the seating capacity will increase by approximately 30 seats, to increase the total to 104 seats. Mr. Archer stated there has been no change in ownership. Authority member Veazie made a motion, seconded by Authority member Sommermeyer, to determine that the expansion is not substantial and to approve the proposal as presented. Yeas: Acott, Bullard, Monaghan, Morgan, Sommermeyer, Spaulding, and Veazie. Nays: None. Expansion of Premises for Spring Creek Bar & Grill. 1006 Sprina Creek Lane #7 Mr. Otis Beach, attorney representing the applicant, stated the proposed addition will facilitate a better traffic flow at the entrance of the bar. He stated they are proposing to remove some seats from the dining area and relocate the dart game area to that point. Additionally, he explained that they will be removing some pin ball machines, etc., from the gaming area to Si January 28, 1987 add some additional dining room seats. Mr. Beach noted that the seating capacity will not change. However, he stated the proposed additions will increase the square footage by approximately 600 square feet. Authority member Sommermeyer made a motion, seconded by Authority member Veazie, to determine that the expansion of premises is not substantial and to approve the proposal as presented. Yeas: Acott, Bullard, Monaghan, Morgan, Sommermeyer, Spaulding, and Veazie. Nays: None. Change in Corporate Structure for Mr. Otis Beach, representing the applicant, explained that the previous ownership consisted of three stockholders. He stated Mr. Bob Benzel has sold his stock to Dale Carlson. He explained that the corporation will consist of the two remaining stockholders, Dale and Pauline Carlson. Authority member Sommermeyer made a motion, seconded by Authority member Veazie,to approve the change in corporate structure for Spring Creek Bar 8 Grill, 1006 Spring Creek Lane #7. Yeas: Acott, Bullard, Monaghan, Morgan, Sommermeyer, Spaulding, and Veazie. Nays: None. Registration of Manager Safeway, 2160 West Drake Road Ms. Virginia Moffett, general manager, spoke of her background with the company. Authority member Sommermeyer made a motion, seconded by Authority member Veazie, to approve the registration of manager for Virginia Moffett for Safeway, 2160 West Drake Road. Yeas: Acott, Bullard, Monaghan, Morgan, Sommermeyer, Spaulding, and Veazie. Nays: None. Registration of Manager Comedy Works. #7 Old Town Square Suite 114 Mr. Steve Vinland, general manager, spoke of his background with the company in Denver. Mr. Vinland stated he is responsible for training the employees on the liquor laws. It was noted that there have been no violations under his management. Mr. Vinland noted that he his requiring his staff to attend the seminars conducted by the City. Authority member Sommermeyer made a motion, seconded by Authority member Veazie, to approve the registration of manager for Steve Vinland for the Comedy Works, #7 Old Town Square, Suite 114. Yeas: Acott, Bullard, Monaghan, Morgan, Sommermeyer, Spaulding, and Veazie. Nays: None. -7- • • January 28, 1987 Transfer of Ownership Pringle Brothers Fine Wines and Spirits, 2170 West Drake Road Mr. Phil Pringle, part owner, explained that he and his brother are transferring the ownership from a partnership to a corporation for liability insurance reasons. Mr. Pringle stated the ownership will remain an equal ownership. He stated the operation of the store will remain the same. Authority member Bullard made a motion, seconded by Authority member Veazie, to approve the transfer of ownership from R. Phillip and John H. Pringle to Pringle Enterprises, Inc. Yeas: Acott, Bullard, Monaghan, Morgan, Sommermeyer, Spaulding, and Veazie. Nays: None. Transfer of Ownership Bananas 3500 South College Avenue Mr. Monty Tsang, owner, stated he has purchased the restaurant. Mr. Tsang spoke of his previous experience in the restaurant and liquor business. Mr. Tsang stated he is familiar with the Colorado liquor laws. He noted that the operation of the restaurant will remain the same. Authority member Sommermeyer made a motion, seconded by Authority member Veazie, to approve the transfer of ownership from Great Bananas -Fort Collins Partnership to Monty Tsang. Yeas: Acott, Bullard, Monaghan, Morgan, Sommermeyer, Spaulding, and Veazie. Nays: None. New Application for a Beer and Wine License for Golden Dragon, 1220 North College Avenue The boundaries as proposed by the Administration were as follows: North from the subject premises to Willox Lane West from the subject premises to Shields Street South from the subject premises to Mulberry Street East from the subject premises to Lemay Avenue Mr. Ling Leav, owner, stated the boundaries are acceptable. Authority member Veazie made a motion, seconded by Authority member Sommermeyer, to accept the new application, accept the boundaries as proposed, and set the final hearing for February 25, 1987. Yeas: Acott, Bullard, Monaghan, Morgan, Sommermeyer, Spaulding, and Veazie. Nays: None. January 28, 1987 New Application for a Retail Liquor Store License for Crystal Gardens Liauors 3307 South College Avenue The boundaries as proposed by the Administration were as follows: North from the subject premises to Drake Road West from the subject premises to Shields Street South from the subject premises to Harmony Rod East from the subject premises to Lemay Avenue Mr. David Wood, attorney representing the applicant, stated the boundaries are acceptable. Authority member Veazie made a motion, seconded by Authority member Spaulding, to accept the new application, accept the boundaries as proposed, and set the final hearing for February 25, 1987. Yeas: Acott, Bullard, Monaghan, Morgan, Sommermeyer, Spaulding, and Veazie. Nays: None. New Application for a Hotel -Restaurant License for Skoroios Restaurant 146 North College Avenue The boundaries as proposed by the Administration were as follows: North from the subject premises to Conifer Street extended West to Hickory Street West from the subject premises to Shields Street South from the subject premises to Pitkin Street East from the subject premises to Lemay Avenue Mr. David Wood, attorney representing the applicant, stated the boundaries are acceptable. Authority member Veazie made a motion, seconded by Authority member Spaulding, to accept the new application, accept the boundaries as proposed, and set the final hearing for February 25, 1987. Yeas: Acott, Bullard, Monaghan, Morgan, Sommermeyer, Spaulding, and Veazie. Nays: None. New Application for a Hotel -Restaurant Liquor License The boundaries as proposed by the Administration were as follows: North from the subject premises to Cherry Street extended West to Maple Street West from the subject premises to Roosevelt, Sheldon and Constitution South from the subject premises to Prospect Road East from the subject premises to Lemay Avenue and City Limits Mr. Kelly Kamandy, owner, stated the boundaries are acceptable. Em • January 28, 1987 Authority member Veazie made a motion, seconded by Authority member Spaulding, to accept the new application, accept the boundaries as proposed, and set the final hearing for February 25, 1987. Yeas: Acott, Bullard, Monaghan, Morgan, Sommermeyer, Spaulding, and Veazie. Nays: None. Other Business Due to some citizens' complaints that the Liquor Licensing Authority is not strict enough in imposing sanctions for violations, City Council has requested that the Authority respond explaining what their policy is with respect to show/cause hearings. The Authority discussed among themselves their differing viewpoints as to how hearings have been handled in the past and how they should be handled in the future. It was pointed out that when an establishment is scheduled for a show/cause hearing, there is significant impact on that establishment due to, in some cases, the loss of an employee, the expense of attorney fees, public embarrassment, and loss of income for the number of days the license is suspended. Councilmember Barbara Liebler, council liaison to the Authority, gave the Authority the background as to how this issue arose. She stated that the specific complaints she received were from citizens who feel the Authority does not know how much the community is concerned. She noted, however, that the Police Chief, Bruce Glasscock, was contacted for his input and stated he is pleased with the action by the Authority. The Authority unanimously agreed to comply with the request by City Council and elected the new Chairperson to draft a uniform response to Council. In addition, it was noted that the Authority is willing to meet with City Council in a worksession at their request. Because of some of the disturbances and riots which occurred during College Days in April of 1986, the Authority discussed additional requirements in which applicants for special events permits during College Days of 1987 will be requested to follow. It was decided that all applicants will be asked to notify their neighborhood of their event. It was suggested that the applicant(s) go door to door and distribute flyers containing the details of their event(s). It was noted that the Authority will inquire of the College Days applicants what steps were taken to notify their neighborhoods. Detective Broderick stated that the Police Department is in favor of the College Days activities obtaining special events permits because it provides police presence that wouldn't be there otherwise. Assistant City Attorney Steve Roy asked the Authority how they would like him to handle requests for exemptions under the laws for Special Events Permits. He explained that any organization holding an event which serves alcohol must either obtain a special events permit or prove that they're exempt from the statutes. Either way, he stated the organization has to qualify under the definitions in the code. In order to be exempt (in -10- • ' January 28, 1987 addition to being a qualified organization) the organization must charge a uniform fee to admit each and every person regardless of whether they consume alcohol or not. The Authority authorized Mr. Roy to interpret the laws and grant those qualifying organizations an exemption to hold an event without their approval. In addition, they requested that a list of exempt organizations be provided to them as they are approved by the City Attorney's Office. As a means to help expedite meetings, some members suggested instituting a consent agenda concept. Some Authority members requested additional background information than what they are currently obtaining in their packets. Authority member Bullard volunteered to work with City staff in implementing a process which will assist members in making their decisions and expediting the meetings with a consent agenda. Election of Officers Authority member Sommermeyer made a motion, seconded by Authority member Monaghan, to nominate Bob Veazie as Chairman and Peter Bullard as Vice -Chairman. Authority member Veazie declined the nomination and in turn nominated Mayo Sommermeyer as Chairman. Authority member Bullard nominated Bob Veazie as Vice -Chairman. Authority member Spaulding seconded the motion. Yeas: Acott, Bullard, Monaghan, Morgan, Sommermeyer, Spaulding and Veazie. Nays: None. Police Report Authority member Monaghan made a motion, seconded by Authority member Acott, to determine probable cause and schedule a show/cause hearing on February 25, 1987, for Gene's Tavern, 200 Walnut. Yeas: Acott, Bullard, Monaghan, Morgan, Sommermeyer, Spaulding, and Veazie. Nays: None. Adjournment Authority member Acott made a motion, seconded by Authority member Bullard, to adjourn. The Chairman put the motion to vote which was unanimously The meeting was adjourned at approximately 12 midni Secretary -11-