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HomeMy WebLinkAboutLiquor Licensing Authority - Minutes - 12/14/19770 0 Liquor Licensing Authority December 14, 1977 Regular Meeting - 7:30 p.m. A regular meeting of the Liquor Licensing Authority was held on Wednesday, December 14, 1977, at 7:30 p.m. in the Council Chambers of the City of Fort Collins Municipal Building. Roll call was answered by the following members: Bean, Long, Seegmiller and Wilson. Secretary's note: Renz arrived at 7:35 p.m. Staff members present: Sgt. Mason, Police Department Wanda Krajicek, Deputy City Clerk Also: Assistant City Attorney Ramsey Myatt Secretary's note: Assistant City Attorney Joe Carroll arrived at 9:30 p.m. Minutes of the regular meeting of November 16, 1977, approved as published. Authority member Long made a motion, seconded by Authority member Bean, to approve the minutes of the regular meeting of November 16, 1977, as pub- lished. The Chairman put the motion which was unanimously adopted. Request for transfer of ownership at Charley's Cousin, 3400 S. College, approved. Mr. Joe Coyte, attorney for Joe Robert Berry appeared with Mr. Berry. They stated that Mr. Berry was 100% owner of the shares of Charley's Cousin, Inc. Authority member Long made a motion, seconded by Authority member Bean to approve the transfer of ownership of the Hotel -Restaurant license with extended hours at Charley's Cousin, 3400 S. College Avenue, from Joe Robert Berry to Charle s Cousin, Inc. The Chairman put the motion which was unanimously adopted. Registration of new manager at Charley's Cousin - Mr. Tim Van Houten. Mr. Coyte introduced Mr. Tim Van Houten, 624 S. College, N2. Mr. Van Houten spoke of his education, work experience and knowledge of the liquor laws. Authority member Long made a motion, seconded by Authority member Wilson, to approve the registration of the new manager, Mr. Tim Van Houten, at Charley's Cousin, 3400 S. College Avenue. The Chairman put the motion which was unanimously adopted. lecember 14, 1977 The Chairman read the hearing procedure at length before proceeding with the final hearing. Final hearing on a Tavern license for Brookover, Inc., dba Brookover's Sun - downer Ltd, 1029 S. Taft Hill Road, aDDlication denied. The resolution setting forth the findings of the preliminary hearing and setting the boundaries was read by title only as a complete copy had been furnished to each Authority member with the agenda. Authority member Bean made a motion, seconded by Authority member Long, to approve the resolution. The Chairman put the motion which was unanimously adopted. RESOLUTION OF THE LIQUOR LICENSING AUTHORITY OF FORT COLLINS SETTING FORTH FINDINGS ON A PRELIMIN- ARY HEARING ON A LIQUOR LICENSE APPLICATION WHEREAS, heretofore, Brookover, Inc., doing business as The Sundowner, made application to the Liquor Licensing Authority for a Tavern Liquor License; and WHEREAS, the Liquor Licensing Authority has received reports concerning such applications, and has held a prelim- inary hearing on such application as provided in Rule 3 of the Rules of Procedure of the Liquor Licensing Authority. NId, THEREFORE, BE IT RESOLVED BY THE LIQUOR LICENSING AUTHORITY OF THE CITY OF FORT COLLINS, that the Authority hereby makes the following preliminary findings and deter- minations concerning this application, subject to the right of any party in interest to present further evidence con- cerning any of such findings and determinations at the hearing to be held on this application on the 14th day of December, 1977: fDecember 14, 1977 1. That the subject premises are proper premises under the ordinances of the City of Fort Collins and the laws of the State of Colorado to be licensed for the sale of liquor as applied for by the applicant. 2. That the boundaries of the neighborhood to be served by this applicant are as follows: South from the subject premises to the City limits, West from the subject premises to Overland Trail, North from the subject premises to Mulberry Street and East from the subject premises to Shields Street. 3. That the necessary notice of hearing by publication and by posting of the premises has not been given as provided by law, and the Authority has directed the City Clerk to accomplish said notice prior to the hearing date. 4. That the applicant is qualified under the ordinances of the City and the laws of the State for the license applied for. 5. That the application is in proper form and will be heard by the Authority on December 14, 1977. Passed and adopted at a regular meeting of the Liquor Licensing Authority held this 14th day of December, 1977. I Chairman ' ATTEST: City Clerk - 3 - De ber 14, 1977 Mr. Gene Timmermans, attorney for the applicant Warren J. Brookover, called Mr. Brookover as his first witness. Mr. Brookover was duly sworn before giving testimony and spoke of his previous work experience and of his plans for operating and managing the proposed outlet. Mr. Timmermans presented petitions marked as applicant's exhibit 1-A, circulated by Mr. Brookover and containing 207 signatures. He also presented a copy of a proposed menu for the Sundowner, marked as exhibit 2; and copies of menus from two tavern establishments in Denver, the Harem and Duffy's Tavern, which were marked as exhibits 3 and 4. Mr. Timmermans called Ms. Beryl Dodson, North Hiway 287, Laporte, CO, who was duly sworn before giving testimony. He presented petitions marked as exhibit 1-B which Ms. Dodson circulated and contained 102 signatures. Ms. Dodson estimated that she had encountered 10-15 persons in opposition as she circulated her petitions. Mr. Timmerman called Kirk Easley, 1799 S. College, #15, who was duly sworn before giving testimony. He presented petitions marked as exhibit 1-C, which were circulated by Mr. Easley and contained 590 signatures. Mr. Easley estimated that he had encountered 75-100 persons in opposition to his petitions. Mr. Timmermans called Mr. Richard Stencel, 2018 Leciester Way, as his final witness. Mr. Stencel was duly sworn and stated that he was part owner of a liquor license in Fort Collins and that he felt that the needs of the neigh- borhood were not now being adequately met. Mr. Timmermans stated that all of the applicant's evidence had been presented. Mr. Elery Wilmarth, attorney representing Mr. Richard Urbom, questioned Mr. Myatt as to the usual hearing procedures. Mr. Myatt explained that Mr. Wilmarth would be allowed to cross examine any of the previous witnesses after he had presented the opposing testimony. Mr. Wilmarth then called Mr. Richard D. Urbom, 1036 S. Taft Hill Road, who was duly sworn before giving testimony regarding his feelings about the location of the proposed tavern. Mr. Wilmarth presented petitions marked opponent's exhibit A, which contained 498 signatures. A portion of these petitions had been circulated by Mr. Urbom and the rest by persons present in the audience. Mr. Urbom estimated that 50 of the signatures were of persons not in the designated boundary area. Mr. Wilmarth then called Mr. Warren J. Brookover and cross examined him re- garding his previous experience and as to his statements relative to the operation and management of the proposed tavern. Mr. Wilmarth stated that this was the end of his presentation but that others were present who wished to speak in opposition. The following persons were duly sworn before giving testimony in opposition to the granting of the Tavern license for the Sundowner, 1029 S. Taft Hill Rd.: x 4 - • • December 14, 1977 1. Phil Johnson, 1621 Lakeridge Ct. 2. Gene Williams, 1028 S. Taft Hill Rd. 3. Marilyn Watkins, 1629 Lakeridge Ct. 4. Charles Whaley, 1032 S. Taft Hill Rd. 5. Joan Johnson, 1621 Lakeridge Ct. 6. Ed Kuppinger, 2409 Poplar Dr. 7. Ken Watkins, 1629 Lakeridge Ct. 8. A.C. Masterson, 1048 Montview Rd. 9. Charlotte Williams, 913 Timber Lane 10. Marilyn Fox, 2500 Woodvalley Ct. 11. Marvin Bird, 701 Louise Lane 12. Susan Thomas, 1713 Springfield Dr. 13. Maurice Burns, 2001 Springfield Dr. 14. Frances Hollar, 2004 Clearview Ave. 15. Rev. Lowell Hempkin, Pastor, Shepherd of the Hills Lutheran Church 16. Frances Burns, 2001 Springfield Dr. 17. Robert Fox, 2500 Woodvalley Ct. 18. Elizabeth Strahan, 1041 Montview Rd. 19. Vernon Adams, 2111 W. Lake St. 20. George Beers, 1036 Montview Rd. 21. James Foster, 1497 S. Taft Hill Rd. Mr. Timmermans asked the Authority to approve this application on the basis of the evidence presented and the 905 signatures on the petitions. Mr. Wilmarth asked the Authority to deny the application on the basis of the various testimonies and reasons given by his client and by those other persons who came forth and testified. Authority member Bean made a motion, seconded by Authority member Long, to deny the license. The Chairman put the motion which was unanimously adopted. Show/cause hearing for Pine Tavern, 244 Pine, license suspended. The licensee, Vernie Valdez was not present. Assistant City Attorney Joe Carroll advised the Authority that he had presented all the City's witnesses at the 3vember 16, 1977, Authority meeting. Authority member Bean made a motion, seconded by Authority member Long, to proceed with the show/cause hearing. The Chairman put the motion which was unanimously adopted. (Renz out of the room). Authority member Bean made a motion, seconded by Authority member Long, that a violation did occur on May 27, 1977. The Chairman put the motion which was unanimously adopted. After discussion of Mr. Valdez' health and the condition of the bar itself relative to the repairs that need to be made, Authority member Long made a motion, seconded by Authority member Bean, to suspend the Class C, 3.2% Fermented Malt Beverage license of Vernie Valdez dba Pine Tavern, 244 Pine, for a period not to exceed 6 months or until Mr. Valdez appears before the Authority with evidence of improved health - suspension to begin as soon as licensee can be notified. The Chairman put the motion which was unanimously adopted. - 5 - k icembex 14, 1977 Preliminary hearing for Spring Creek Liquors, 1005 W. Stuart, boundaries recommended by the Administration, adopted. Attorney John Reid, representing the applicants M. W. and Shirley J. Kurtz was present. He stated that he was appearing for Mr. Gene Fischer and that the boundaries as recommended were acceptable to his clients. Authority member Bean made a motion, seconded by Authority member Renz, to approve the boundaries as recommended by the Administration. The Chairman put the motion which was unanimously adopted. The boundaries recommended by the Administration were as follows: South from the subject premises to City limits; West from the subject premises to City limits; North from the subject premises to Mulberry Street; East from the subject premises to College Avenue. New application for a Hotel -Restaurant license submitted by Kay Frazee aka Kay Seidel dba Little Tokyo Cafe, 1801 N. College Ave., accepted and hearing dates set. Mr. William Beardslee, attorney, appeared on behalf of the applicant, Kay Frazee. He stated that the file was complete with the exception of a trade name affidavit. Authority member Long made a motion, seconded by Authority member Bean, to set the preliminary hearing date for January 11 and the final hearing date for February 8. The Chairman put the motion which was unanimously adopted. New application for a Tavern license with extended hours submitted by Ben -Car Corp. dba Spring Creek Runoff, Ltd., 1006 Spring Creek Lane, accepted and hearing dates set. Mr. John Reid, attorney, appeared and introduced the applicants, Dale Carlson and Bob Benzel to the Authority. He stated that their application was complete with the exception of a trade name affidavit and letters of reference. Authority member Long made a motion, seconded by Authority member Bean, to set the preliminary hearing date for January 11 and the final hearing date for February 8. The Chairman put the motion which was unanimously adopted. - 6 - • • December 14, 1977 Request for approval of merger of Pepsi Co. into Pizza Hut, Inc. with Pizza Hut as the surviving corporation, approved. This was a housekeeping procedure to transfer the certificates of stock of the corporation. The officers and Board of Directors will remain the same as per their letter of November 8, 1977. Authority member Renz made a motion, seconded by Authority member Long, to approve the merger as described in the letter of November 8, 1977. The Chairman put the motion which was unanimously adopted. Renewal of the Tavern license for F $ R Ltd. dba Reuben's, 214 Linden, approved - request for modification, approved and dates of suspension from November 16 hearine set. Sgt. Mason asked that the license be approved with some type of probationary period attached. Mr. Reuben Ramirez, owner of Reuben's, spoke to the Authority regarding his plans for remodeling his establishment. He stated that the pool tables had already been removed and that he intends to decrease the seating capacity by approximately 10. He presented a sketch of the proposed changes. Authority member Renz made a motion, seconded by Authority member Bean, that the modification was not a substantial increase. The Chairman put the motion which was unanimously adopted. After discussion of the probation period possibility, Authority member Rene made a motion, seconded by Authority member Bean, to renew the Tavern license of F 6 R Ltd. dba Reuben's, 214 Linden, providing written authorization of the proposed changes is provided for Sgt. Mason's file by Mr. Ramirez. The Chairman put the motion which was unanimously adopted. Authority member Bean made a motion, seconded by Authority member Renz, to set the dates of suspension assessed at the November 16 meeting for December 26 through 31. The Chairman put the motion which was unanimously adopted. Renewal of the following licenses, approved. 1. Hotel -Restaurant license with extended hours for Tico's, 333 E. Drake. 2. Hotel -Restaurant license for The Brothers, 249 S. College. 3. Retail Liquor Store license for Johnny's Liquors, 111 W. Prospect. 4. Hotel -Restaurant license for The Moot House, 2626 S. College Ave. S. Club license for the VFW Club, 201 Linden. 6. Class B, 3.2% Fermented Malt Beverage license for Southland Corp. dba 7-Eleven, 1001 Lemay. - 7 - ',�cember 14, 1977 These are routine renewals and the Police Department investigation shows nothing derogatory and they therefore recommend approval. Authority member Bean made a motion, seconded by Authority member Long, to approve the above listed renewal applications. The Chairman put the motion which was unanimously adopted. Renewal application for the Hotel -Restaurant license for the Northern Hotel Restaurant and Lounge 172 N. College Ave., approved. Mr. William R. Starke, president of the Northern Hotel appeared. The Authority questioned him regarding the ownership status of the establishment. Mr. Starke stated that at this point Mr. Rene DeBest is an employee of the hotel as the purchase plans have not yet been finalized. Negotiations are still going on but Mr. DeBest has not yet received financial backing. Mr. Starke stated that he is also the manager of the establishment although Mr. DeBest supervises the restaurant portion. Authority member Long made a motion, seconded by Authority member Bean, to approve the renewal of the Hotel -Restaurant license for the Northern Hotel Restaurant and Lounge, 172 N. College Ave. The Chairman put the motion which was unanimously adopted. Resolution adopted granting the Beer $ Wine license with extended hours for RCP Enterprises dba The Goode Taste Crepe Shoppe, 400 E. Olive St. The resolution was read by title only as each member of the Authority had been furnished a copy with the agenda. Authority member Bean made a motion, seconded by Authority member Long, to approve the resolution granting the Beer and Wine license for the Goode Taste Crepe Shoppe, 400 E. Olive. The Chairman put the motion which was unanimously adopted. FINDINGS AND RESOLUTION OF THE LOCAL LIQUOR LICENSING AUTHORITY OF THE CITY OF FORT COLLINS, COLORADO, CONCERNING AN APPLICATION FOR A BEER AND WINE LIQUOR LICENSE The application of Richard C. Peterson, Sr. and Richard C. Peterson, Jr., doing business as The Goode Taste Crepe Shoppe, for a Beer and Wine Liquor License came on for hearing on the 16th day of November, 1977, in the Council Chambers, City Hall, Fort Collins, Colorado, pursuant to notice duly given as required by law. - 8 - . . December 14, 1977 The Authority, having heard the evidence introduced at the hearing, and having examined the documents introduced and having heretofore held a preliminary hearing and issued findings in writing on said preliminary hearing, now makes the following findings: 1. The neighborhood to be served under this application is as defined in the preliminary findings of the Authority. 2. Nothing contained in C.R.S., 1973, Section 12-47-138 prohibits the issuing of a license at the proposed location. 3. The applicants are of good character and qualified under the Ordinances of the City of Fort Collins and the laws of the State of Colorado for the license applied for. 4. The application is in proper form. 5. Petitions were presented and received at the hearing, indicating a need for the license applied for and some evidence was presented indicating that said need does not exist, and the local licensing authority hereby finds that the reason- able requirements of the neighborhood require the issuance of the license applied for. The Authority recognizes that other licenses exist in the neighborhood, but hereby finds that a. additional need exists for the license applied for. 6. The building in which the license is to be operated is now constructed; however, the plans and specifications of the applicant show that the applicant proposes to improve said premises to accommodate the proposed licensed premises and no license should issue until the construction is completed in accordance with the plans and specifications submitted by the applicant and the requirements of the Building Inspector made in conformity with the Ordinances of the City of Fort Collins. . g _ ecember 14, 1977 " RESOLUTION OF THE LOCAL LIQUOR LICENSING AUTHORITY OF THE CITY OF FORT COLLINS, COLORADO, CONCERNING AN APPLICATION FOR A BEER AND WINE LIQUOR LICENSE BE IT RESOLVED by the Local Liquor Licensing Authority of the City of Fort Collins, Colorado that the application of Richard C. Peterson, Sr. and Richard C. Peterson, Jr., doing business as The Goode Taste Crepe Shoppe, for a Beer and Wine Liquor License be and the same hereby is granted in accordance with the findings of the Authority set forth above; and BE IT FURTHER RESOLVED that said license shall not issue until the construction of the licensed premises is completed in accordance with the plans and specifications submitted to the Authority and the requirements of the City Building Inspector, and the Authority has received a report from said Building Inspector that said improvements have been completed in accordance with said plans and specifica- tions and the requirements of the Building Inspector. Passed and adopted this 14th day of December, A.D. 1977. ATTEST: City Clerk Chairman i - 10 - • 0 December 14, 1977 Resolution adopted granting the Class A, 3.2% Fermented Malt Beverage license for Parker and Treanor Assoc. dba U.S.S. Yellow Submarine West, Cedarwood Plaza, 1015 S. Taft Hill Rd. The resolution was read by title only as each Authority member had been furnished a complete copy with the agenda. Authority member Renz made a motion, seconded by Authority member Long, to adopt the resolution granting the Class A, 3.2% Fermented Malt Beverage license to Parker and Treanor Associates, dba U.S.S. Yellow Submarine West, 1015 S. Taft Hill Rd. The Chairman put the motion which was unanimously adopted. RESOLUTION OF THE LIQUOR LICENSING AUTHORITY OF THE CITY OF FORT COLLINS CONCERNING AN APPLICATION FOR A CLASS A LICENSE TO SELL NON -INTOXICATING MALT LIQUOR AND SETTING FORTH THE FINDINGS OF THE LIQUOR LICENSING AUTHORITY ON SAID APPLICATION The application of Parker and Treanor Associates, doing business as U.S.S. Yellow Submarine West, for a Class A License for the sale of non -intoxicating malt liquor came on for hearing on November 16, 1977, before the Liquor Licensing Authority of the City of Fort Collins, and the Liquor Licensing Authority having heard the testimony and received the evidence produced at said hearing and having considered and weighed the saiand being familiar with the neighborhood for which the license is sought, now makes the following findings: 1. The license sought by the applicant is for a loca- tion at Cedarwood Plaza, 1015 South Taft Hill Road, Fort Collins, Colorado, said site being occupied as a submarine sandwich shop, the license being sought in connection with such business. 2. The testimony and petitions presented by the appli- cant at the hearing were to the effect that the inhabitants of the neighborhood desire that the license be granted and the needs of the neighborhood require the granting of this license. No substantial testimony or petitions were pre- sented contrary to this position of the applicant. 3. The building in which the license is to be operated is not now constructed; and no license should issue until the construction is completed in accordance with the plans and specifications submitted by the applicant and the requirements of the Building Inspector made in conformity with the Ordinances of the City of Fort Collins. It is therefore the opinion and finding of the Liquor Licensing Authority that: A. The inhabitants of the neighborhood desire that the license be granted. B. The needs of the neighborhood require the granting of the license. NO, THEREFORE, be it resolved by the Liquor Licensing Authority of the City of Fort Collins that the application of Parker and Treanor Associates, doing business as U.S.S. Yellow Submarine West, for a Class A License for the sale of non -intoxicating malt liquor at Cedarwood Plaza, 1015 South Taft Hill Road, Fort Collins, Colorado be and the same is hereby granted. - 12 - BE IT FURTHER RESOLVED that said license shall not issue until the construction of the licensed premises is completed in accordance with the plans and specifications submitted to the Authority and the requirements of the City Building Inspector, and the Authority has received a report i from said Building Inspector that said improvements have been completed in accordance with said plans and specifica- tions and the requirements of the Building Inspector. Passed and adopted at a regular meeting of the Liquor Licensing Authority of the City of Fort Collins, Colorado, held this 14th day of December, A.D. 1977. ATTEST: City Clerk Police Report Sgt. Mason noted that approximately 13-14 outlets are entitled to be open on C1. istmas Day because of the extended hours provision of their licenses. Chairman Seegmiller stated that he had been in the Green Turtle Cafe, and had noticed that several groups of seemingly young persons had been served without their ID's being checked. He asked that the Police Department remind the proprietors that they should be doing this. Adjournment Authority member Long made a motion, seconded by Authority member Seegmiller, to adjourn the meeting. The Chairman put the motion which was unanimously adopted. The meeting adjourned at 10:00 p.m. - 13 - ATTEST: Deputy City Clerk - 14 -