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HomeMy WebLinkAboutLiquor Licensing Authority - Minutes - 10/19/19776 0 Liquor Licensing Authority October 19, 1977 Regular Meeting - 7:30 p.m. A regular meeting of the Liquor Licensing Authority was held on Wednesday, October 19, 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, Renz, Seegmiller and Wilson. Staff members present: Sgt. Mason, Police Department; Verna Lewis, City Clerk; Wanda Krajicek, Deputy City Clerk. Also: Assistant City Attorneys Ramsey Myatt and Joe Carroll. Minutes of the Special Meeting of September 14, 1977 and; Minutes of the Regular Meeting of September 21, 1977, approved as published. Authority member Long made a motion, seconded by Authority member Renz, to approve the minutes from the Special Meeting of September 14, 1977 and the minutes of the Regular Meeting of September 21, 1977 as published. The Chairman put the motion which was unanimously adopted. Hearing to show/cause for Pine Tavern, 244 Pine Street, tabled to November 16, 1977. Assistant City Attorney Joe Carroll asked permission to continue the show/cause hearing to November 16, 1977. He stated that Mr. Vernie Valdez had no objection to the continuance. He also stated that it appeared that one witness who was subpoenaed and scheduled to appear would not appear and that a police officer who was an instrumental witness was at CLETA (Colorado Law Enforcement Training Academy) and would not appear but would be back by November 16. Authority member Long made a motion, seconded by Authority member Renz, that the show/cause for Pine Tavern, 244 Pine Street, be tabled until the November 16 meeting. The Chairman put the motion which was unanimously adopted. The Chairman read the hearing procedure at length before proceeding with the final hearing. The Chairman inquired if there were any opposed to proceeding. Final Hearing on a Hotel -Restaurant License for Green Turtle Ltd. dba the Green Turtle Cafe, 150 N. College Avenue, approved. Charles Bloom, attorney for the applicant, called as his first witness, Jill Bornstein, 517 N. Impala, who was duly sworn before giving testimony. Ms. Bornstein is a waitress at the Green Turtle and presented applicant's exhibits A, B and C being petitions she circulated and containing the signatures of customers of the Green Turtle and also of the neighborhood of the designated boundary area. Mr. Khalil U. Kamandy, 2306 W. Stuart and President of Green Turtle Ltd. was called next and duly sworn before giving testi- mony. Mr. Kamandy gave testimony as to his function in the operation of the Green Turtle Cafe and as to the length of time that he and his wife have owned and operated the establishment. He testified as to the unique nature of the food served there and to the requests of their customers for liquor with their meals. He stated that many customers leave when they find that mixed drinks are not available. He testified that over 1,400 signatures were secured on behalf of the application, of which he personally obtained 1,100, which are identified as applicant's exhibit D. Mr. Bloom questioned Mr. Kamandy on his future plans, i.e. enter- tainment, and also asked about any problems he might have encoun- tered in the past one and one-half years. Mr. Kamandy replied that he had never had to call for Police assistance and had never had to deal with an intoxicated, unruly patron and also that he had no plans for bringing in bands or dancing etc. He expects that five to six percent of his gross income will come from the sale of liquor which is approximately the same as his present Beer and Wine License affords him. Mr. Bloom called Paul Thayer, 17 Main, Windsor, Colorado, and Joanne Wormus, 1800 S. Whitcomb. They were duly sworn and presented applicant's exhibit E, being a petition they jointly circulated. Mr. Bloom's final witness was Theresa Goddard, 806 Laporte Avenue, a waitress at the Green Turtle and a student at Colorado State University. She was duly sworn and testified as to the reaction of those customers she approached to sign her petition which was marked as applicant's exhibit F. Authority member Bean made a motion, seconded by Authority member Renz, to approve the application for a Hotel -Restaurant License submitted by the Green Turtle Cafe, 150 N. College Ave. The Chair- man put the motion which was unanimously adopted. - 2- Boundaries for the area to be served set for the application for a Beer and Wine License submitted by Richard C. Peterson, Jr. and Richard C. Peterson, Sr. dba the Goode Taste Crepe Shoppe, 400 East Olive. The recommendation from the Administration is as follows: South from the subject premises to Prospect; West from the subject premises to Shields; North from the subject premises to Vine Drive; East from the subject premises to Lemay, following North along City limits to northern boundary. The applicant, Richard C. Peterson, Jr, was present and stated the recommendation was acceptable to him. Assistant City Attorney Myatt noted that there were several deficiencies in the applicant's file that the City Clerk's office had made Mr. Peterson aware of. These are a lease agreement, trade name affidavit, reference letters, part- nership agreement and copy of the outstanding indebtedness note. Authority member Renz made a motion, seconded by Authority member Long, to approve the boundaries as recommended by the Administration and to set the date for final hearing for Novem- ber 16. New application accepted from Brookover, Inc. dba The Sundowner, 1029 S. Taft Hill Road. Mr. Warren J. Brookover and his attorney, Gene Timmermans, were present and stated that they were applying for a Tavern license and that the dates of November 16th and December 14th were accept- able to them as the preliminary and final hearing dates. Authority member Bean made a motion, seconded by Authority member Long, to schedule the preliminary hearing on November 16th and the final hearing on December 14th. The Chairman put the motion which was unanimously adopted. Assistant City Attorney Myatt called the applicant's attention to several deficiencies in their file, being letters of reference, trade name affidavit and assignment of lease. MW New application accepted from Parker and Treanor Associates dba U.S.S. Yellow Submarine West, 1015 S. Taft Hill Road. Mr. David Parker was present and stated that they were applying for a Class A, 3.2% Fermented Malt Beverage License and that the 2,000 foot boundary area was agreeable. Authority member Long made a motion seconded by Authority member Bean, to schedule the final hearing for November 16th and to set the boundary area for 2,000 feet in each direction. The Chairman put the motion which was unanimously adopted. Assistant City Attorney Myatt noted the deficiencies in this file, being trade name affidavit, assignment of lease and employment record on State application. Renewal applications approved for 3.2% Fermented Malt Beverage License at: The Country Store, 1700 W. Mulberry The Country Store, 1517 Lemay Ave. Panhandlers, Inc., 1220 W. Elizabeth Speedy Foods, 421 Cowan St. These applications are routine renewals. The Police Department report shows no violations and that they recommend renewal of the applications. Authority member Bean made a motion, seconded by Authority member Long, to approve the above -named renewals. The Chairman put the motion which was unanimously adopted. Renewal for a Class C, 3.2% Fermented Malt Beverage License for Durrell Center, Colorado State University, approved. Secretary's note: Chairman Seegmiller indicated that he would not participate in this renewal discussion, and he abstained from voting because C.S.U. is his employer. The Police Department noted no violations and recommended approval of this renewal. Authority member Bean made a motion, seconded by Authority member Long, to approve the renewal for Durrell Center, C.S.U. Authority member Renz put the motion which was unanimously adopted. - 4 - Renewal of a Class C, 3.2% Fermented Malt Beverage License for T. J.'s, 142 Linden, approved. The Police Department recommends approval of this renewal but asks that a letter be sent stating the concern of the Authority on the operation of the business this past year. The City Attorney's office was directed to write such a letter. Authority member Bean made a motion, seconded by Authority member Long, to approve the renewal for T. J.'s, 142 Linden. The Chairman put the motion which resulted in the following vote: Yeas: Bean, Long, Seegmiller, Wilson Nays: Renz Renewal of a Class B, 3.2% Fermented Malt Beverage License for Southland Corp. dba Seven -Eleven Store, 3035 W. Prospect, approved. This is a routine renewal. The Police Department investigation has found no violations and therefore recommends approval. Authority member Renz made a motion, seconded by Authority member Long, to approve the renewal for Seven -Eleven Store, 3035 W. Prospect. The Chairman put the motion which was unanimously adopted. Reduction in size of premises of Foothills Discount Liquors, 111 W. Monroe Drive, from 9,924 sq. ft. store to 6,644 sq. ft. store. Authority member Renz made a motion, seconded by Authority member Wilson, that the modification was not a substantial increase. The Chairman put the motion which was unanimously adopted. Resolution adopted granting a Class B, 3.2% Fermented Malt Beverage License to Dillon Companies dba King Soopers, Inc., 1015 S. Taft Hill and Resolution adopted granting a Class C, 3.2% Fermented Malt Beverage License to Old Colorado Pizza Company, Inc., 814 S. College Avenue. Deputy City Clerk Wanda Krajicek read only the title of these two resolutions into the record as a copy of each had been sent to each member with the agenda. =win Authority member Long made a motion, seconded by Authority member Wilson, to approve both the above resolutions. 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 B LICENSE TO SELL NON -INTOXICATING MALT LIQUOR AND SETTING FORTH THE FINDINGS OF THE LIQUOR LICENSING AUTHORITY ON SAID APPLICATION The application of King Soopers for a Class B License for the sale of non -intoxicating malt liquor came on for hearing on the 21st day of September, 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 same and 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 1015 South Taft Hill Road, Fort Collins, Colorado, said site being occupied as a grocery store, 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. 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 require- ments 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. NOW, THEREFORE, be it resolved by the Liquor Licensing Authority of the City of Fort Collins that the application of King Soopers for a Class B License for the sale of non - intoxicating malt liquor at 1015 South Taft Hill Road, Fort Collins, Colorado be and the same is hereby granted. 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 at a regular meeting of the Liquor - 7 - Licensing Authority of the City of Fort Collins, Colorado, held this 19th day of October, A.D. 1977. Chairman ATTEST: �a�.���2 City Clerk RESOLUTION OF THE LIQUOR LICENSING AUTHORITY OF THE CITY OF FORT COLLINS CONCERNING AN APPLICATION FOR A CLASS C LICENSE TO SELL NON -INTOXICATING MALT LIQUOR AND SETTING FORTH THE FINDINGS OF THE LIQUOR LICENSING AUTHORITY ON SAID APPLICATION The application of Old Colorado Pizza Company, Inc. for a Class C License for the sale of non -intoxicating malt liquor came on for hearing on the 21st day of September, 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 same and 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 814 South College Avenue, Fort Collins, Colorado, said site being occupied as a pizza restaurant, 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 applicant has not filed with the Fort Collins City Clerk's office a Certificate of Incorporation, and no license should issue until a Certificate of Incorporation of Old Colorado Pizza Company, Inc., a Colorado corporation, is filed with the City Clerk's office. 4. The police checks for the corporate officers have not yet been completed, and no license should issue until such checks have been completed and reveal no information detrimental to the applicant. 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. NOW, THEREFORE, be it resolved by the Liquor Licensing Authority of the City of Fort Collins that the application of Old Colorado Pizza Company, Inc. for a Class C License for the sale of non -intoxicating malt liquor at 814 South College Avenue, Fort Collins, Colorado be and the same is hereby granted. BE IT FURTHER RESOLVED that said license shall not issue until applicant has filed with the Fort Collins City Clerk's office a Certificate of Incorporation for Old Colorado Pizza Company, Inc. and further until the police checks have been completed for the corporate individuals revealing no information detrimental to the applicant. Passed and adopted at a regular meeting of the Liquor Licensing Authority of the City of Fort Collins, Colorado, held this 19th day of October, A.D. 1977. Chairman ATTEST: City Clerk Police Report Officer Charles Cross presented a proposed project that the Police Department would like to get started. This involves the problem of the visibly intoxicated person and the habitual._drunkard. He proposes a meeting between liquor and beer outlet owners and police officers to discuss the enforcement of a statute that makes it un- lawful to sell, serve, give away, dispose of, exchange or deliver or permit the sale, serving, giving away or procuring of any alcohol beverage to a visibly intoxicated person or to a known habitual drunkard. He discussed time lost due to problems in having to deal with these subjects on a repeated basis and also the fact that there is no definition for the term "habitual drunkard." He asked for the support of the Authority in this program and also asked that the Authority define the term "habitual drunkard." Then the definition would be taken to the City Attorney's office and Jim Barry's office (State Liquor Enforcement office) to insure its legality. Secretary's note: This item was discussed at length at the conclusion of the meeting. - 10 - Request from Police Department for show/cause hearing for Reuben's Tavern, 214 Linden St. Officer Mason stated that the alleged violations took place on September 22, 1977 and October 8, 1977. His Police report dated October 13, 1977 described these violations in detail. He then asked for a show/cause hearing for this establishment. Authority member Long made a motion, seconded by Authority member Bean, to schedule a show/cause hearing on November 16th on the alleged violations referred to in Sgt. Mason's letter of October 13, 1977, for Reuben's Tavern, 214 Linden, and to inform the owner that the possibility exists that his license may be revoked and not renewed. The Chairman put the motion which was unanimously adopted. Renewal of a Tavern License with Extended Hours for Lift Ticket Lounge, 181 N. College Avenue. City Attorney Ramsey Myatt gave background information on this outlet. Dave Power, attorney for the Lift Ticket, stated that Albert Goodwin died on December 9, 1976 and that confusion has existed relative to the name that the license is held under. Now that this has been resolved, their intention is to transfer the license to Jane Goodwin, personal representative for the estate of Albert E. Goodwin. City Attorney Myatt explained that this transfer was a transfer by operation of law and actually took place at the time of Mr. Goodwin's death. The only question before the Authority is the qualification of the transferee, Mrs. Goodwin. No police check has been made. Mr. Myatt's recommendation was to approve the transfer subject to a nega- tive police report. Mr. Power called Mrs. Jane C. Goodwin. She was duly sworn before giving testimony. Mrs. Goodwin testified to her involvement with the operation of the Lift Ticket since its opening. Mr. Myatt stated that Mrs. Goodwin would be acting in a representative capacity and that once the estate was closed, another transfer would have to be made. Authority member Long made a motion, seconded by Authority member Wilson, to approve the transfer as requested subject to receiving a negative police report. The Chairman put the motion which was unanimously adopted. Mr. Power asked that he be able to hand carry the State application to Denver the next day. Mr. Myatt stated that the Police Department would not be able to complete their check in 24 hours and that since this Authority has no control over an approval once it leaves us, we have never released an approval that the State would hold on a tentative basis until further qualification has been made. Mr. Power expressed concern that the transfer process would not be made prior to the November 3rd expiration date. Mr. Myatt stated that the Police Department would complete the in- vestigation as soon as possible and that the applicant would have to wait until it is finished. Authority member Wilson brought up three points of concern to her: 1. The status of the manager situation at Charley's Cousin, 3400 S. College Ave. Authority member Wilson made a motion, seconded by Authority member Long, to direct the City Attorney's office to write a letter to Charley's Cousin, 3400 S. College Ave., asking them to clarify their manager status and also their corporate structure. The Chairman put the motion which was unanimously adopted. 2. A point to consider from the state level meeting: "Never suspend a license without dictating when the term would be served." 3. Consider the computation of days suspended compared to dollar value. Board should be aware of the severity of financial punishment and make an intelligent decision based on circum- stances. A lengthy discussion of the definition of habitual drunkard and the pros and cons of establishing a printed list containing names of so- called habitual drunkards followed. It seemed to be the consensus of the Authority that each case of visible intoxication should be dealt with individually instead of defining habitual drunkard and that stricter enforcement of the statutes pertaining to the "visibly intoxicated" would result in a reduced amount of incidents involving the so-called habitual drunkard. The Administration asked that this be discussed further at a later date. - 12 - Adjournment Authority member Long made a motion, seconded by Authority member Bean, to adjourn the meeting. The Chairman put the motion which was unanimously adopted. The meeting adjourned at 10:10 p.m. ATTEST: Deputy City Clerk - 13 -