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HomeMy WebLinkAboutLiquor Licensing Authority - Minutes - 08/13/1986LIQUOR LICENSING AUTHORITY Regular Meeting - August 13, 1986 7:35 P.M. A regular meeting of the Liquor Licensing Authority was held on Wednesday, August 13, 1986, in the Council Chambers of the City of Fort Collins Municipal Building. The following members were present: Acott, Morgan, Sommermeyer, and Spaulding. Authority Members Absent: Bullard, Monaghan, and Veazie. Staff Members Present: Jim Broderick, Police Department Debbie Caster, City Clerk's Office Paul Eckman, City Attorney's Office Minutes of the Regular Meeting of July 16, 1986, Approved as Published Authority member Spaulding made a motion, seconded by Authority member Morgan, to approve the minutes of the regular meeting of July 16, 1986, as published. Yeas: Morgan, Sommermeyer, and Spaulding. Nays: None. Abstain: Acott. ial Events Permit - Liquor n7n MartinP7 Pnct 1R7 _ Co Mr. Gilbert Sanchez, events manager, stated the annual event will be held at Holy Family Church between 8 p.m. and 1 a.m. on September 6. Mr. Sanchez stated the event will consist of a dance. He added that members of the club will be trained and responsible for checking ID's at the door. He also stated that two off -duty police officers will attend the event. Authority member Spaulding made a motion, seconded by Authority member Acott, to approve the special events permit for American Legion Alonzo Post 187 on September 6, 1986. Yeas: Acott, Morgan, Sommermeyer, and Spaulding. Nays: None. Registration of Manager Old Chicago 147 South College Avenue Mr. Christopher Wolff, general manager, spoke briefly of his background with respect to experience in the restaurant business. Mr. Wolff stated he has never had any liquor violations occur under his management. August 13, 1986 Authority member Acott made a motion, seconded by Authority member Spaulding, to approve the registration of manager for Christopher Wolff for Old Chicago, 147 South College Avenue. Yeas: Acott, Morgan, Sommermeyer, and Spaulding. Nays: None. Registration of Manager Washington's. 132 Laporte Avenue Mr. John Brewer, general manager, spoke briefly of his background with respect to his experience in the restaurant business. Mr. Brewer stated all of the doormen are required to take the class conducted by Officer Ernie Tellez. In response to a question by the Authority, Mr. Brewer explained how they refuse alcohol to someone who has had too much to drink. Mr. Brewer stated they have an assistant manager for each level. He then stated there have been no violations since he has been manager. Authority member Acott made a motion, seconded by Authority member Spaulding, to approve the registration of manager for John Brewer for Washington's, 132 Laporte Avenue. Yeas: Acott, Morgan, Sommermeyer, and Spaulding. Nays: None. Transfer of Ownership Downtown Liauor Mart, 102 West Olive Mr. James Whalen, owner and president of the corporation, stated he is transferring the license from his individual name into a corporation. He stated he will be 100% stockholder. Mr. Whalen added that there will be no changes in the day to day operation of the business. Authority member Spaulding made a motion, seconded by Authority member Acott, to approve the transfer of ownership for Downtown Liquor Mart, 102 West Olive. Yeas: Acott, Morgan, Sommermeyer, and Spaulding. Nays: None. New Application for a Hotel -Restaurant License for Comedy Works, Old Town Square. Suite 114 Authority member Spaulding made a motion, seconded by Authority member Acott, to accept the new application and set the preliminary hearing for September 10, 1986, and the final hearing for October 8, 1986. Yeas: Acott, Morgan, Sommermeyer, and Spaulding. Nays: None. New Application for a Hotel -'Restaurant License for Brophy Bros. Fish Market and Restaurant, 21 Old Town Souare, Suite 139 Authority member Spaulding made a motion, seconded by Authority member Acott, to accept the new application and set the preliminary hearing for -2- 0 August 13, 1986 September 10, 1986, and the final hearing for October 8, 1986. Yeas: Acott, Morgan, Sommermeyer, and Spaulding. Nays: None. New Application for a Retail Liquor Store Authority member Spaulding made a motion, seconded by Authority member Acott, to accept the new application and set the preliminary hearing for September 10, 1986, and the final hearing for October 8, 1986. Yeas: Acott, Morgan, Sommermeyer, and Spaulding. Nays: None. Final Resolution Circle K. 949 Taft Hill Road Authority member Morgan made a motion, seconded by Authority member Acott, to approve the final resolution as presented. Yeas: Acott, Morgan, Sommermeyer, and Spaulding. Nays: None. Police Report Detective Jim Broderick explained that there will be some changes in his role as enforcement officer to the Liquor Licensing Authority. He spoke of two new forms he has implemented for applications on beer and liquor licenses, as well as special events applications. He explained that the forms will be used in lieu of the personal interviews that have been required in the past. Jim added that he has received favorable responses from applicants regarding this change. In addition, he stated that his memos to the Authority will be more of a form letter giving just the basic information. In the event derogatory information is received, he stated more detailed information will be provided. Some Authority members requested that all details on DUI's and DWI's be provided and more detailed information be provided for the special events requested around College Days. Jim stated further recommendations for changes will be presented to the Authority at next month's meeting upon final review of his administration. Show/Cause Hearing for Sportsman Boss Hoaa's. 210 Walnut No one was present on behalf of the licensee. Assistant City Attorney Paul Eckman stated notice was mailed certified receipt requested, which was signed and returned. He stated, in his opinion, the Authority should proceed with the hearing. Assistant City Attorney Paul Eckman briefed the Authority of the facts on the alleged violation, noting that on June 14, 1986, at approximately 10:43 p.m., the establishment allowed the loitering of an intoxicated person, specifically a 15-year old minor known as R. D. Clark. Mr. Eckman noted -3- August 13, 1986 previous violations into the record. It was noted that this violation occurred under the management of Thomas Wahlberg, who recently transferred the license from Clifford Holtcamp. It was noted that the Police Department is recommending a one -day suspension of the license. Detective Jim Broderick of the Fort Collins Police Department was sworn and spoke of the case involving the alleged violation at the Sportsman's Boss Hogg's on June 14, 1986, at approximately 10:43 p.m. Detective Broderick relayed that Officers Dolon and Mickelson were on a routine walk-through of Sportsman's Bar that evening and observed a male child in an intoxicated state. When the child saw the officers, he fled and other patrons attempted to distract the officers from following him. The child was later apprehended and identified as R. D. Clark, 15 years of age. Detective Broderick stated a breathalyzer test was conducted on the 15-year old giving a blood alcohol content of .093. It was noted that the mother of the child, who was also in Sportsman's Bar, was contacted and taken to the Police Department. While at the police station, the minor was interviewed by police officers. Detective Broderick stated the minor relayed to Sgt. Ray Martinez that he had been drinking and served by Scott Jones at the Sportsman's Bar. Later that night, police officers interviewed Scott Jones. At that time, Mr. Jones stated that he did not serve the child but the bartender on duty, Charles Walker, did in fact serve the minor. Mr. Jones gave this statement both verbally and in writing. Detective Broderick stated he then investigated the case by interviewing all parties involved. He stated the people interviewed changed some of their prior statements made to police officers, therefore there is no solid evidence or witnesses for this case. It was noted that Scott Jones later admitted to serving some drinks that evening with the permission of Charles Walker. It was also noted that the minor admitted to police that he has drank on the premises of the Sportsman's Bar on three different occasions. The minor also admitted to drinking 3 or 4 beers at a party he attended with his mother prior to arriving at Sportsman's Bar on June 14. Sgt. Ray Martinez of the Fort Collins Police Department, was sworn, and stated on the evening of June 14 he interviewed the minor. He stated during his contact with the minor, the minor exhibited extreme signs of intoxication including blood shot eyes, slurred speech, odor of alcohol on the breath, etc. He stated the minor admitted to drinking in the bar and admitted that the bartender (he identified Scott Jones) served him while in the bar. Sgt. Martinez stated his interview with the minor occurred approximately 20 minutes after the police apprehended him. Authority member Acott made a motion, seconded by Authority member Spaulding, to determine that a violation did occur on June 14, 1986, at Sportsman's Bar, 210 Walnut. Yeas: Acott, Morgan, Sommermeyer, and Spaulding. Nays: None. Authority member Sommermeyer commented that the credibility of witnesses is up to the Authority. He pointed out that testimony has been received from two experienced law officers. He further stated that he feels this is an -4- August 13, 1986 extremely serious matter whereby the people in charge are not acting responsibly. He suggested that the board suspend the license for 30 days. Authority member Spaulding stated this is the worse offense she has seen because it involves the serving of a 15-year old minor. Authority member Acott stated the City's charge in this case is not the serving of an intoxicated person but the loitering of an intoxicated person on the premises. She added that she is very uncomfortable with this situation because of the age of the minor. Authority member Sommermeyer stated he feels the testimony adequately establishes both the serving and loitering of an intoxicated person. Authority member Spaulding made a motion, seconded by Authority member Acott, to levy a 30-day consecutive suspension to be served within the next 45 days at the choosing of the owner and that the premises be posted. Yeas: Acott, Morgan, Sommermeyer, and Spaulding. Nays: None. Adjournment Authority member Spaulding made a motion, seconded by Authority member Acott, to adjourn. The Vice -Chairman put the motion which was unanimously The meeting was adjourned at approximato*�,j40 p.m. Secretary rman -5-