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HomeMy WebLinkAboutLiquor Licensing Authority - Minutes - 05/04/1977Liquor Licensing Authority May 4, 1977 Regular Meeting - 7:30 P.M. A regular meeting of the Liquor Licensing Authority was held on Wednesday, May 4, 1977, at 7:30 P.M. in the Council Chambers in the City of Fort Collins City Hall. Roll call was answered by the following members: Bean, Seegmiller and Wilson. Absent: Authority member Renz. Staff members present: Sgt. Robert Mason, Officer Dennis Whitesell, Detective Ray Martinez and Deputy City Clerk LaVonne Dowell. Also: Assistant City Attorney Ramsey Myatt, Assistant City Attorney Joe Carroll, James Barry, Colorado Liquor Enforcement Officer and Stanley Mena, Colorado Liquor Enforcement Officer. Minutes of the Regular Meeting of April 6, 1977 approved as published. Authority member Bean made a motion, seconded by Authority member Wilson to approve the minutes as published. The Chairman put the motion which was unanimously adopted. Final Hearing on an Application for a Beer and Wine License for Walter Huang dba China Palace, 117 South College Avenue, application approved. The Chairman read the rules of procedure at length. The following resolution from the preliminary hearing was read at length. Authority member Bean made a motion{ seconded by Authority member Wilson to adopt the resolution setting forth the findings from the preliminary hearing. 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, Walter Huang, doing business as China Palace, 117 South College Avenue, Fort Collins, Colorado, made application to the Liquor Licensing Authority for a beer and wine license; and -1- • WHEREAS., the Liquor Licensing Authority has received reports con- cerning such application, and has held a preliminary hearing on such application as provided in Rule 3 of the Rules of Procedure of the Liquor Licensing Authority. NOW, THEREFORE, BE IT RESOLVED BY THE LIQUOR LICENSING AUTHORITY OF THE CITY OF FORT COLLINS, that the Authority hereby makes the follow- ing preliminary findings and determinations concerning this application, subject to the right of any party in interest to present further evidence concerning any of such findings and determinations at the hearing to be held on this application on the .4th day of May , 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: North from the subject premises to the City limits, south from the subject premises to Prospect Street, east from the subject premises to Riverside and Lemay follow- ing the City limits to the north, and west 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. 2- 5. That the application is in proper form and will be heard by the Authority on May 4,•1977. Passed and adopted at a regular meeting of the Liquor Licensing Authority held this 4th day of .'MW ATTEST: The Chairman inquired if there were any interested parties at the hearing or if there were any reasons why the hearing should not proceed. Hearing none the hearing continued. Mr. John Gascoyne, Attorney for the applicant, called Mr. Walter Huang who was duly sworn before giving testimony. Applicant's exhibit "A" was presented being petitions which were circu- lated among the owners, managers or employees of businesses in the neighborhood as defined. Applicant's exhibit "B" was presented being petitions which were signed by patrons of the cafe. Applicant's exhibit "C" was presented being petitions which were circu— lated among the residents of the neighborhood as defined. All of the petitions were circulated by Mr. Huang, the applicant. Mr. Huang then gave testimony as to his background, the financing for the cafe, the growth of the cafe, the hours of service and the type of meals and the wine or beer to be served with the meal. Authority member Wilson made a motion, seconded by Authority member Bean to approve the application for a Beer and Wine license by Walter Huang dba China Palace, 117 South College. The Chairman put the motion which was unanimously adopted. The final resolution granting the license was read. Authority member Bean made a motion seconded by Authority member Wilson to adopt the -3- resolution granting a beer $ wine license to Walter Huang dba China Palace, 117 South College Avenue. 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 LICENSE The application of Walter Huang, doing business as China Palace, for a beer and wine license came on for hearing on the 12th day of January, 1977, in the Council Chambers, City Hall, Fort Collins, Colorado, pursuant to notice duly given as required by law. 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 12-47-139 prohibits the issuing of a license at the proposed location. 3. The applicant is 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, indi- cating a need for the license applied for and no evidence was presented indicating that said need does not exist, and the Local Licensing Author- ity hereby finds that the reasonable requirements of the neighborhood require the issuance of the license applied for. The Authority recognizes -4- that other licenses exist in the neighborhood, but hereby finds that an 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 con- struction 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. RESOLUTION OF THE LOCAL LIQUOR LICENSING AUTHORITY OF THE CITY OF FORT COLLINS, COLORADO, CONCERNING AN APPLICATION FOR A BEER AND WINE LICENSE BE IT RESOLVED by the Local Liquor Licensing Authority of the City of Fort Collins, Colorado that the application of Walter Huang, doing business as China Palace, for a beer and wine license be and the same is hereby 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 require- ments 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 specifications and the requirements of the Building Inspector. M12 Passed and adopted this 4th day of May, 1977. ATTEST: City Clerk Hearing on a Class A, 3.2% Fermented Malt Beverage License from Kay Seidel dba Little Tokyo Cafe, 1801 North College Avenue, tabled Attorney William Beardslee representing the applicant requested that the hearing on this application be tabled to June 1, 1977. Authority member Bean made a motion, seconded by Authority member Wilson to table this application as requested by Mr. Beardslee. The Chairman put the motion which was unanimously adopted. Hearing to show/cause why the tavern license for the Lucky-7 Club, 1201 North College Avenue should not be suspended or revoked Assistant City Attorney Joe Carroll stated that he and Officer Whitesell had spoken to Mr. Porter, owner of the Lucky-7 Club and that Mr. Porter had stipulated to the events regarding the alleged violation of after hours consumption on February 27, 1977 at 2:08 A.M. Mr. Charles R. Porter, owner and manager of the Lucky-7 Club was sworn before giving testimony. Mr. Porter spoke to the closing procedures practiced used at the Lucky-7 Club. Mr. Rodney Porter was sworn and gave testimony as to what happened on the date in question as he was in charge that particular evening. Authority member Bean made a motion, seconded by Authority member Wilson that there was a violation. The Chairman put the motion which was unanimously adopted. Authority Bean made a motion, seconded by Authority member Wilson that the license be suspended for a period of three days, suspend the suspension for the remainder of the license year, and if another violation occurs in this license year this suspension will be added to any other We reprimands during the current license year. The Chairman put the motion which was unanimously adopted. Hearing to show/cause why the tavern license for Gene's Tavern, 200 Walnut Street should not be suspended or revoked. Assistant City Attorney, Joe Carroll stated that Mr. Ron Strahle was present representing the license holder. Mr. Stanley Mena, Colorado Department of Revenue, Liquor Enforcement Officer was called, and duly sworn before giving testimony. Mr. Mena described the events of the evening of February 27, 1977 in procuring a bottle of liquor from the bartender. Mr. James Barry, Colorado Department of Revenue Liquor Enforcement Officer was called, and duly sworn before giving testimony. Mr. Barry offered into evidence a quart bottle of Old Quaker brand liquor, the bottle procured by Mr. Mena from the bartender at Gene's on the night of February 27, 1977. Mr. Strahle made a short opening statement and then called Mr. Gene Kapper- man, owner and operator of Gene's Tavern who was duly sworn before giving testimony. Authority member Wilson made a motion,seconded by Authority member Bean that there was in fact a violation. The Chairman put the motion which was unanimously adopted. Authority member Wilson made a motion to send a stern letter of repri- mand to the license holder. Motion died for a lack of a second. Authority member Bean made a motion, seconded by Authority member Seegmiller to suspend the license for 4 days, with three days suspended for the remainder of the license year, the one day of suspension to be served on May 9, the remaining three day suspension to be observed if any other violation should occur during the license year. The Chairman put the motion with the following vote: Yeas: Bean and Seegmiller. Nays: Wilson. Hearing to show/cause why the tavern license for Reuben's, 214 Linden Street should not be suspended or revoked. Assistant City Attorney Joe Carroll stated that Mr. William Jackson would be representing the license holder. Assistant City Attorney Joe Carroll called Officer Randolph Ray Martinez of the Fort Collins Police Department who was duly sworn -7- before giving testimony as to the events on March 5, 1977 regarding the sale of liquor to an underaged person. The testimony revealed that the actual sale to the underaged person was not observed. The consumption of the drink by the underaged person was observed. Officer Martinez answered questions put to him by Attorney William Jackson. Assistant City Attorney Joe Carroll called Collette Jo Taylor who was duly sworn before giving testimony. Attorney for the license holder, William Jackson asked questions of Miss Taylor regarding the events on March 5, 1977. Miss Taylor testified that she purchased from the bar an alcoholic drink. Mr. David Schwarz was called by Mr. William Jackson Attorney for the license holder. Mr. Schwarz was duly sworn before giving testimony. Mr. Schwarz was employed at Reuben's in the capacity as an ID checker on March 5, 1977. Mr. Schwarz answered questions put to him by Assistant City Attorney Joe Carroll. Susan Marie Schwarz was called by Mr. giving testimony as to the happenings Mrs. Schwarz answered questions from Joe Carroll. Jackson and duly sworn before on March 5, 1977. the Assistant City Attorney, Cheryl Ruth Lyons was called by Mr. Jackson and duly sworn before giving testimony. Ms. Lyons stated she is employed by the license holder in the capacity of bartender and was on duty the evening of March 5, 1977. Ms. Lyons stated that she definitely did not serve a drink to Ms. Taylor. Mr. Rueben Rameriz was called by Mr. Jackson, and duly sworn before giving testimony. Mr. Rameriz testified that he is the license holder, he was on the premises the evening of March 5, 1977, but he was unaware of any problems. After considerable deliberation the Authority made the following findings: Authority member Wilson made a motion, seconded by Authority member Bean that a violation did occur. The Chairman put the motion with the following vote: Yeas: Bean and Wilson. Nays: Seegmiller. Authority member Bean made a motion to suspend the license for four days, suspend three days of the suspension with the stipulation that the suspended portion would be picked up if there are any further violations during the remainder of the license year. Motion died for a lack of a second. 15:19 Authority member Wilson made a motion to suspend the license for three days, suspend the suspension for the remainder of the license year with the stipulation that if another violation occurs the suspension will be observed. Motion seconded by Authority member Bean. The Chairman put the motion with the following vote. Yeas: Bean, Seegmiller and Wilson. Nays: None. Transfer of ownership from Frick and Frack dba Butch Cassidy's to Todd Sermon dba Butch Cassidy's, 934 Lemay Avenue, approved. Mr. Todd Sermon was duly sworn before reviewing his background and knowledge of the Liquor business. Mr. Sermon stated he will be the sole owner and operator of the business; he is requesting a hotel - restaurant license with extended hours. Authority member Wilson made a motion seconded by Authority member Bean to approve the application to transfer of the ownership of Butch Cassidy's from Frick $ Frack Inc, to Todd Sermon. The Chairman put the motion which was unanimously adopted. Change in Corporate officers and directors of Pelican Fish, Inc. dba Pelican Pete's Fish Market $ Oyster Bar, 3572 South Mason Street, approved conditionally. Mr. Robert Walker, the new president, spoke to the Authority regarding his experience and how he proposes to continue the operation., The Police Department report is not complete as of this date on Ms. Barbara E. Wetzel the resident manager. Authority member Bean made a motion, seconded by Authority member Wilson to approve the application for transfer conditioned upon getting a clear report on the investigation into Ms. Wetzel's background. The Chairman put the motion which was unanimously adopted. New application for a Class "A" 3.2% Fermented Malt Beverage License from Tom Peck, dba City Park Nine, 411 South Bryan accepted, boundaries established and hearing date scheduled. Mr. Tom Peck the applicant, was present and spoke to the boundaries for the neighborhood stating that the golf course draws its players from the entire City. After some discussion Authority member Bean, made a motion, seconded by Authority member Wilson to accept the application, establish the boundaries for the area at 2,000 feet in each direction and schedule the hearing for June 1, 1977. The Chairman put the motion which was unanimously adopted. No New application for a Class "A", 3.2% Fermented Malt Beverage License from Colorado State University, Summer Theatre accepted, boundaries for the area to be served, and hearing date scheduled. Porter Woods, Colorado State University, Director of the Theatre spoke to reasons for the application. Authority member Bean made a motion, seconded by Authority member Wilson to accept the application, establish the boundaries for the areas as the City limits and schedule the hearing for June 1, 1977. The Chairman put the motion which was unanimously adopted. New application for a hotel - restaurant license from Golden Horizons Enterprises, Inc. dba The Complex, 246 North College Avenue. accented and hearing dates establ Authority member Seegmiller made a motion, seconded by Authority member Wilson to accept the new application from Golden Horizons Enterprises, Inc. dba The Complex at 246 North College Avenue, schedule the preliminary hearing on June 1, and the final hearing on June 29. The Chairman put the motion with the following vote: Yeas: Seegmiller and Wilson. Nays: Bean. Renewal of a Class "A", 3.2% Fermented Malt Beverage License for Paul's Pizza, 1301 West Elizabeth Street, approved. Deputy City Clerk, LaVonne Dowell advised the Authority that this is a routine renewal, and the recommendation from the Police Department is to approve the renewal but that a letter from the yiquor Licensing Authority be forwarded to the license holder emphasizing the importance of legal closing hours and closing dates. Authority member Bean made a motion, seconded by Authority member Seegmiller to approve the renewal application from Paul's Pizza, 1301 West Elizabeth Street. The Chairman put the motion which was unani- mously adopted. Renewal of a Class "B", 3.2% Fermented Malt Beverage License for Southland Corp. dba 7-Eleven, 1029 South Taft Hill Road, approved. Deputy City Clerk, LaVonne Dowell advised the Authority that this is a routine renewal and the recommendation from the Police Department is to approve the renewal. Authority member Bean made a motion, seconded by Authority member Wilson to approve the renewal application from Southland Corp. dba 7-Eleven -10- Store, 1029 South Taft Hill Road unanimously adopted. The Chairman put the motion which was Renewal of a Class "A", 3.2% Fermented Malt Beverage License for Denver Pizza Inc. dba Pizza Hut, 2631 South College Avenue approved, change of Corporate Officers approved. Deputy City Clerk, LaVonne Dowell advised the Authority that this is a routine renewal and that the Police Department investigation on the renewal and new Corporate Officer has revealed nothing derogatory and they would recommend approval of both. Authority member Wilson made a motion, seconded by Authority member Seegmiller to approve the renewal application for Pizza Hut, 2631 South College Avenue and the change of Corporate Officers. The Chairman put the motion with the following vote: Yeas: Seegmiller and Wilson. Nays: Bean. Other Business No report from Police Department: Report from Authority member Bean on the College Days events and the lack of the CSU Police Department in checking of ID's and control over the underage drinking. Report from City Clerk's Office: 1) Decision from the State has been handed down on the alleged violation at Reuben's, dismissing the charges. 2) A managerial agreement has been filed prior to a transfer for Godfather's Pizza. 3) A managerial agreement has been filed prior to a transfer at Giuseppe's. Adjournment Authority member Seegmiller made a motion, seconded by Authority member Wilson to adjourn the meeting. The Chairman put the motion which was unanimously adopted. i r Chairman ATTEST: Deputy City Clerk -11-