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HomeMy WebLinkAboutLiquor Licensing Authority - Minutes - 12/03/1986LIQUOR LICENSING AUTHORITY Regular Meeting - December 3, 1986 7:35 P.M. A regular meeting of the Liquor Licensing Authority was held on Wednesday, December 3, 1986, in the Council Chambers of the City of Fort Collins Municipal Building. The following members were present: Bullard, Morgan, Sommermeyer, Spaulding, and Veazie. (Secretary's Note: Authority member Spaulding arrived at approximately 7:40 p.m.) Authority members Absent: Acott and Monaghan. 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 November 5. 1986 Approved as Published Authority member Morgan made a motion, seconded by Authority member Veazie, to approve the minutes of the regular meeting of November 5, 1986, as published. Yeas: Bullard, Morgan and Veazie. Nays: None. Abstain: Sommermeyer. Show/Cause Hearing for Linden's. 214 Linden Mr. Joseph Carroll, attorney representing the applicant, explained that the City's notice was mailed November 18 but was not received by the applicant until November 28. He requested that the hearing be tabled to the next regular meeting to give him and his clients time to prepare their case. Authority member Veazie made a motion, seconded by Authority Morgan, tc table the show/cause hearing for Linden's to December 29, 1986. Yeas: Bullard, Morgan, Sommermeyer, and Veazie. Nays: None. (Secretary's Note: Authority member Spaulding arrived at this time.) Transfer of Ownership Mr. C's. 151 South College Avenue Mr. Edward Cordova, part-owner, explained that he is requesting to transfer the existing license. He stated his restaurant is a full -service restaurant. Mr. Cordova stated he is proposing to add a piano bar in the lounge. He stated he and his partner will be responsible for serving the • • December 3, 1986 drinks and he added they are both experienced and trained on the liquor laws. It was noted that Mr. Cordova is the owner of Mishawaka Inn. He stated that he has never had a liquor violation. Authority member Veazie made a motion, seconded by Authority member Spaulding, to approve the transfer of license from David Hill to Edward Cordova and Margaret Ross dba Mr. C's. Yeas: Bullard, Morgan, Sommermeyer, Spaulding, and Veazie. Nays: None. Transfer of Ownership Gene's Tavern, 200 Walnut Gene and Sharon Kapperman, owners, stated they are transferring the license from Gene's name to a corporate name. They explained that they are the only people named in the corporation. It was noted that there will be no changes in the operation of the business. Sharon stated she is very familiar with the liquor laws and is familiar with the operation since she has worked there for several years. It was noted that Gene will be involved with the day to day management of the bar. Authority member Veazie made a motion, seconded by Authority member Spaulding, to approve the transfer of ownership from Gene Kapperman to Kapperman, Inc. dba Gene's Tavern, 200 Walnut. Yeas: Bullard, Morgan, Sommermeyer, Spaulding, and Veazie. Nays: None. Registration of Managers for 7-Eleven Stores Secretary's Note: Mr. Jim Craig, District Manager for 7-Eleven, in the interest of time, spoke on behalf of the seven managers scheduled for approval. Mr. Jim Craig spoke briefly of each manager's duties and how managers are trained on the beer laws and then in turn train their employees. Authority member Spaulding made a motion, seconded by Authority member Bullard, to approve the following seven managers: Mary Hunt, 7-Eleven, 1001 Lemay Avenue Greg Bachel, 7-Eleven, 505 South Shields Larry Mjelde, 7-Eleven, 3035 West Prospect Martin Buchwald, 7-Eleven, 4543 Boardwalk Jay Thomas, 7-Eleven, 2800 South College Avenue Lancey Schaar, 7-Eleven, 1600 South Lemay Avenue Jim Vogler, 7-Eleven, 429 Remington The motion was put Spaulding, and Veazie. to vote. Yeas Nays: None. Bullard, Morgan, Sommermeyer, -2- December 3, 1986 Registration of Manager Durrell Center. Colorado State University Mr. Gary Vette, general manager, spoke of his experience as the manager for the past 12 years. It was noted that Mr. Vette is now registering due to the recent change in the City's code which requires managers of all licensed establishments to be registered. Mr. Vette stated he has had no violations. He then spoke briefly of his staff and the training procedures and policies followed by the establishment. Authority member Veazie made a motion, seconded by Authority member Morgan, to approve the registration of manager for Gary Vette at CSU Durrell Center. Yeas: Bullard, Morgan, Sommermeyer, Spaulding, and Veazie. Nays: None. New Application for a Retail Liquor Store License for Ram Liquors 1119 West Drake Road #C 34 The boundaries as proposed by the Administration were as follows: North from the subject premises to Prospect Road West from the subject premises to Taft Hill Road South from the subject premises to Horsetooth Road East from the subject premises to College Avenue Authority member Veazie made a motion, seconded by Authority member Morgan, to accept the new application, accept the boundaries as proposed, and set the final hearing for December 29, 1986. Yeas: Bullard, Morgan, Sommermeyer, Spaulding, and Veazie. Nays: None. Show/Cause Hearing for Choice City Seafood 120 South Mason Detective Jim Broderick called his first witness. Mr. Tom Boyer, was sworn and stated he was employed at Choice City Seafood from the end of June, 1986 to the middle of August, 1986. On August 20, 1986, Mr. Boyer explained that he submitted a letter to Detective Broderick outlining the incident involving sale of alcohol at the restaurant on August 12, primary election day. Mr. Boyer stated he arrived at work that day at approximately 2 p.m. and noticed some customers had been served beer with their meal. At 4:30 p.m. he stated he himself had served a beer to someone and again at approximately 6:30 p.m. He stated that the person served at 6:30 pointed out to him that it was primary election day and alcohol sales were prohibited until 7 p.m. Mr. Boyer stated that the owner never instructed him of the law regarding sales on primary election day. Due to some personal problems with the owner, Mr. Boyer stated that he later quit his job that same day. In response to questions by the Authority, Mr. Boyer stated he received no formal training on the liquor -3- • • December 3, 1986 laws when he was hired. He explained that the owner was not paying him for his hours worked and admitted that he wants to get even with the owner. Mr. Jamie Gregg, owner, cross-examined Mr. Boyer. Mr. Boyer stated that after he quit he filed charges with the Labor Department. He stated the Labor Department could not take any action, so he decided to write the Police Department to inform them of the violation on primary election day. Mr. Gregg submitted Licensee's Exhibit A into evidence. It was identified as the price sheet used in ringing up sales on the cash register. Mr. Boyer admitted that when he was hired, he did receive some training on the cash register and was instructed not to serve anyone under the age of 21 years. Mr. Gregg introduced Willie McDonald and Susan Daily and asked if Mr. Boyer could identify them. Mr. Boyer stated he thought they were the couple who purchased a beer around 4:30 the day of August 12 but could not be positive. Detective Broderick called Jamie Gregg, owner of Choice City Seafood. Mr. James Gregg, owner, was sworn and stated he recalls telling Detective Broderick that he had searched for the documents he was requesting but pointed out it was a month after the violation had occurred and that he could not locate the cash register tapes for Aug. 12. Detective Broderick stated that the evidence before the board was not found by Jamie Gregg but himself. It was noted that the tapes missing were found within a very few short minutes. City's Exhibits 1 and 2 were submitted into the record and identified as copies of cash register tapes. It was noted that the transactions occurring between 9 a.m. and 2 p.m. on the 12th were missing. Mr. Gregg explained that he and his family had been on vacation and returned August 11. Upon his return, he stated he received a phone call at his home from a frequent customer complaining about Mr. Boyer. Mr. Gregg stated he knew he would have to fire Mr. Boyer the next day. On the morning of August 12 he came to the restaurant and discovered that another employee left in charge during his absence had made an $800 over -ring in the books. When Mr. Boyer arrived at work that afternoon around 2 p.m., Mr. Gregg stated he did not want to be there at the same time so he ripped the tape off and took everything home to try to find the error. It was made known to the Authority that Detective Broderick advised Mr. Gregg of the State Liquor Code requirements regarding recordkeeping. In response to a question by the Authority, Mr. Gregg stated he told his employees, including Mr. Boyer at 2 p.m., that it was primary election day and not to serve any alcohol until 7 p.m. Detective Broderick, was sworn and summarized the facts. He stated in his opinion, he feels the missing records on August 12 between 9 a.m. and 2 p.m. have been destroyed. He also stated he feels an additional violation has occurred by not providing adequate records. He stated this aggrevates the offense but stated he would not pursue any charges. Mr. Gregg cross-examined Detective Broderick. It was noted that no violations have occurred at Choice City Seafood since they were licensed. Mr. Gregg pointed out that only one alleged sale of alcohol can be made -4- • • December 3, 1986 from the cash register tapes and that it cannot be proven since the employee did not code the sale according to the price sheet. Mr. Gregg called his wife, Christine, as his first witness. Mrs. Christine Gregg, was sworn and testified that Jamie came home around 3:30 on August 12 to work on the register tapes since there was an error. She stated he preferred to work at home rather than be around Tom at the restaurant. She stated he returned to the restaurant around 6:30 p.m. Ms. Anita Olin, manager of Cuisine, Cuisine located at 130 South Mason, stated Jamie did not ask her to appear and that she is present on her own behalf. Ms. Olin stated that they take Jamie's wholesale order for seafood on a regular basis. She stated the morning of August 12, Jamie reminded her not to sell any alcohol because it was Primary Election Day. Mr. Jamie Gregg, was sworn and gave his testimony. Mr. Gregg stated that no one was in the restaurant when employee Tom Boyer arrived. He added that Mr. Boyer could not positively identify the couple he claimed came in around 4:30. Mr. Gregg stated although they have left, the couple (McDonald and Daily) was present to state that they were not in the restaurant that day. Mr. Gregg explained that upon his return from vacation, he needed to review the tapes from August 1 to August 11 to find the $800 error. He stated on the 12th of August, when he ripped the tape from the cash register, he had no idea that the tape would be needed. He concluded that the missing tape was probably left at his home for a period of time and then later thrown away by his wife or himself. Authority member Veazie questioned Mr. Gregg why he left an employee he did not trust and was dissatisfied with alone and in charge of the restaurant on primary election day. Mr. Gregg responded stating that Mr. Boyer was told not to serve alcohol during polling hours. Mr. Gregg admitted he was wrong to leave him alone but noted that he fired Mr. Boyer that evening of August 12. He added that he had no reason to believe that Mr. Boyer would deliberately sell alcohol. Mr. Boyer was recalled to the stand by the Authority. Mr. Boyer stated that he was not told on August 12 that it was primary election day. Mr. Boyer also admitted that he did not use the proper codes with the price list. Authority member Bullard showed Mr. Boyer the register tapes and inquired whether some of the entries were some of his and whether they were alcohol sales. Mr. Boyer only speculated as to what the charges were for. Authority member Bullard made a motion, seconded by Authority member Veazie, to determine that a violation did occur on August 12, 1986, at Choice City Seafood, 120 South Mason. Authority member Bullard stated he feels there is sufficient evidence to determine that a violation occurred. He stated that the critical evidence (a portion of the tape) is missing and that it appears to be intentional in order to keep the authorities from seeing the evidence. -5- • • December 3, 1986 Authority member Veazie stated the ex -employee has admitted to selling alcohol on the day in question and not properly coding the sales when ringing them up. He stated it appears that there is evidence that alcohol sales occurred on that day. Authority member Spaulding stated she does not feel evidence has been shown to prove a violation. Authority member Morgan stated due to the lack of evidence he feels a violation cannot be proven. The Vice -Chair put the motion to vote as follows: Bullard, Morgan and Veazie. Nays: Sommermeyer and Spaulding. Authority member Spaulding made a motion that the establishment not be allowed to serve anything on the next general election day. Due to lack of a second, the motion failed. Authority member Morgan stated although he is concerned about the lack of evidence, he did not intend to vote to support the motion to find a violation. Authority member Morgan made a motion, seconded by Authority member Sommermeyer, to recall the previous vote and reconsider a new vote on the alleged violation. Authority member Sommermeyer stated he is concerned with the lack of records and finds it difficult to find a violation. In addition, he pointed out that the testimony given regarding alcohol sales is coming from a dissatisfied employee. The Vice -Chair put the motion to vote as follows: Yeas: Bullard and Veazie. Nays: Morgan, Sommermeyer, and Spaulding. It was noted that no violation was found to occur on August 12, 1986, at Choice City Seafood, 120 South Mason. Final Hearing for a 3.2% Fermented Malt Anse fr1acc R1 fnr 7-[lnvnn 07n u u..- Mr. Michael Bynum, attorney representing the applicant, called his first witness. Ms. Brenda Rowe, office manager for Oedipus, Inc., was sworn, and stated they were hired to conduct a petition survey for the beer license. Applicant's Exhibit 1 was submitted into the record and identified as four packets of petitions circulated on behalf of the application. Applicant's Exhibit 2 was submitted and identified as a summary report of the survey. Ms. Rowe explained how the survey was conducted and stated 68% of the neighborhood contacted signed in favor of the license. 19 • • December 3, 1986 Mr. Tom Vigil, general manager, was sworn and spoke of the policies with regard to training employees on the beer laws. He stated they card anyone looking under the age of 25 years. It was noted that Mr. Vigil has submitted his paperwork to be approved as the manager. Mr. Jim Craig, District Manager, was sworn and spoke of the corporate policies. Copies of the employee awareness forms were distributed and discussed. Authority member Veazie made a motion, seconded by Authority member Morgan, to approve the license for 7-Eleven, 970 West Horsetooth Road. Yeas: Bullard, Morgan, Sommermeyer, Spaulding, and Veazie. Nays: None. Authority member Veazie made a motion, seconded by Authority member Morgan, to approve the final resolution as presented. Yeas: Bullard, Morgan, Sommermeyer, Spaulding, and Veazie. Nays: None. Authority member Veazie made a motion, seconded by Authority member Morgan, to approve the registration of manager for Thomas Vigil, contingent upon a negative police report. Yeas: Bullard, Morgan, Sommermeyer, Spaulding and Veazie. Nays: None. Final Hearing for a Hotel -Restaurant License for Meatballs 2900 Harvard Mr. Chris Brown, owner, was sworn and submitted Applicant's Exhibit 1, which was identified as petitions circulated on behalf of the application. Applicant's Exhibit 2 was also submitted and identified as a statement describing the type of restaurant and how it will fit into the market. Mr. Brown stated the restaurant will be family oriented and the menu will consist of fast food pasta dishes, sandwiches and salads. He stated there will only be a full -service bar provided and no lounge. Mr. Brown spoke of his extensive background in the restaurant business. Mr. Brown closed his statements noting that he feels this type of restaurant will meet the neighborhood's needs. In response to a question by the Authority, Mr. Brown explained the training employees will receive on the liquor laws. Assistant City Attorney Steve Roy stated the petitions do not contain verified statements from circulators. In addition, he noted that some individuals who signed did not include their addresses. He stated those signatures should be discounted. The applicant agreed to amend the petitions by adding the necessary verified statements from the circulators within the next 10-day period. It was noted that the majority of the signatures were obtained at the restaurant. The Authority expressed their concern that the signatures did not represent an adequate showing of the neighborhood's need and desire. Mr. Brown estimated that approximately 80% live or work in the defined neighborhood area. Mr. Jack Carney, co-owner, came forward to explain how the petitioning drive was handled. He estimated that 200 or more of the signatures were valid and that one half of the customers are from the -7- • • December 3, 1986 defined neighborhood area. He added that very few people refused to sign the petition. The Authority stated from the testimony they feel a need has been shown. It was also noted that there is no opposition to the license. Authority member made a motion, seconded by Authority member Bullard, to approve the license contingent upon properly amending the petitions to meet they City's requirements within 10 days. The motion was also made contingent upon the City's approval of the application for change in location for Farmer's Inn. Yeas: Bullard, Morgan, Sommermeyer, Spaulding, and Veazie. Nays: None. Authority member Spaulding made a motion, seconded by Authority member Veazie, to approve the final resolution as presented. Yeas: Bullard, Morgan, Sommermeyer, Spaulding, and Veazie. Nays: None. Final Hearing for a Change in Location for Farmer's Inn 2721 South College Avenue Mr. Doug Konkel, attorney representing the applicant, presented Applicant's Exhibit 1, which was submitted into the record and identified as petitions circulated on behalf of the application. It was noted that the petitions did not contain the proper verified statements of the circulators. The Authority requested that they be amended within the next 10 days. Mr. Jack Carney, co-owner, stated that the new location will be at the old Applegates Landing location. He explained that the restaurant was needing a larger location. He added that approximately 12 new employees will be hired once they open at the new location. Mr. Carney stated there will be no change in the day to day operations or management. He noted that there is no change in ownership. He also stated that he is in the process of upgrading the liquor policies and the training of his staff. Authority member Bullard made a motion, seconded by Authority member, Veazie, to approve the license for the change of location for Farmer's Inn, 2721 South College Avenue, contingent upon approval of the amended petitions within the next 10 days. Yeas: Bullard, Morgan, Sommermeyer, Spaulding, and Veazie. Nays: None. Authority member Veazie made a motion, seconded by Authority member Spaulding, to approve the final resolution as presented. Yeas: Bullard, Morgan, Sommermeyer, Spaulding, and Veazie. Nays: None. Other Business Authority member Veazie made a motion, seconded by Authority member Morgan, to send a letter of concern to Choice City Seafood reminding them that the law requires all licensed establishments to produce all records at the request of the state or local authority. in • • • December 3, 1986 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 appr Secretary - U