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HomeMy WebLinkAboutLiquor Licensing Authority - Minutes - 04/06/19770 LIQUOR LICENSING AUTHORITY April 6, 1977 Regular Meeting - 7:30 P.M. A regular meeting of the Liquor Licensing Authority was held on Wednesday, April 6, 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. Authority members: Bean, Renz, Seegmiller and Stoner. Authority member Wilson arrived at 7:35 P.M. Staff members present: Sgt. Robert Mason, Detective Ray Martinez and Deputy City Clerk LaVonne Dowell. Also: Assistant City Attorneys Ramsey Myatt and Joe Carroll. Minutes of the Regular Meeting of March 9, 1977 approved as published. Authority member Renz made a motion, seconded by Authority member Stoner 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, tabled to May 4 1977. LaVonne Dowell, Deputy City Clerk, advised the Authority that the City Clerk's Office had been in contact with Mr. John P. Gascoyne and were advised the Mr. Huang was scheduled to complete his application for citizenship and hopefully by May 4th he would be ready for the final hearing on this application. A motion was made by Authority member Stoner, seconded by Authority member Bean to table the final hearing to May 4th. 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 tabled to May 4, 1977. Attorney David Power appeared before the Authority on behalf of Mr. Ronald Strahle, attorney for Mr. and Mrs. Gene Kapperman.,the license BE holders.,to request that this hearing be continued to May 4, 1977. It was stated that Mr. Strahle had another committment scheduled for this date and could not be present. Authority member Bean made a motion, seconded by Authority member Renz to continue this hearing to the regular meeting scheduled on May 4, 1977. The Chairman put the motion which was unanimously adopted. Hearing to show/cause why the tavern license for Lucky-7 Club, 1201 North College Avenue should not be suspended or revoked tabled to May 4. 1977. Assistant City Attorney Joe Carroll adressed the Authority requesting a continuance on this matter due to the fact that Police Officer Whitesell is not available to give testimony at this time. Authority member Bean made a motion, seconded by Authority member Stoner to approve the continuance requested by the City and table the hearing to May 4, 1977. Hearing to show/cause why the Tavern License for Reuben's, 214 Linden, should not be suspended or revoked, tabled to May 4, 1977. Assistant City Attorney Joe Carroll advised the Authority that the City is requesting that this matter also be tabled. The City's witness was not located until shortly before meeting time. Mr. Bill Jackson, Attorney, representing the license stated that a continuance was agreeable. Authority member Renz made a motion, seconded by Authority member Bean to table this hearing to May 4, 1977. The Chairman put the motion which was unanimously adopted. Transfer of Class C, 3.2% Fermented Malt Beverage License from Vern Hackbarth to Jack and Floriene Whitt dba Collindale Snack Bar, approved. Mr. Jack Whitt, applicant, was duly sworn by the Deputy City Clerk before giving testimony. Mr. Whitt reviewed his experience and what he proposed to do. -2- Authority member Stoner made a motion, seconded by Authority member Renz to approve the transfer of ownership from Vern Hackbarth to Floreine and Jack Whitt dba Collindale Snack Bar. The Chairman put the motion which was unanimously adopted. Transfer of ownership from Round The Corner Restaurant, Inc. to Out of Bounds Inc. dba Out of Bounds, 200 West Mountain, approved Mr. Wallace L. Noel, the applicant, addressed the Authority regard- ing his experience in the liquor field and the operation of the outlet. Authority member Bean made a motion, seconded by Authority member Renz to approve the change of ownership from the Round the Corner Restaurant, Inc. to Out of Bounds, Inc. dba Out of Bounds. The Chairman put the motion which was unanimously adopted. Transfer of ownership from Victor Cooper dba Vic's Corner to Ray Dixon dba City Center Market, 144 North Howes, approved. Mr. Ray Dixon, applicant, addressed the Authority regarding his purpose for purchasing the business and how it will be operated. Authority member Bean made a motion, seconded by Authority member Stoner to approve the transfer of ownership from Victor Cooper to Ray Dixon dba City Center Market, 144 North Howes. The Chairman put the motion which was unanimously adopted. New Class A, 3.2% Fermented Malt Beverage License Application from Kay Seidel dba Little Tokyo, 1801 North College Avenue, accepted, hearing date scheduled, boundaries for area to be served set. City Attorney Ramsey Myatt advised the Authority on the following matters: the applicant needs to file a trade name affidavit, provide a copy of the deed or contract giving right to occupy the premises and three letters of reference. The administration recommendation for boundaries would be 2,000 feet in each direction. After some discussion the following boundaries were established: North from the subject premises to the City Limits East from the subject premises to the City Limits West from the subject premises to the City Limits South from the subject premises to Hickory Street -3- Authority member Stoner made the motion establishing the above listed boundaries as the area to be served, motion seconded by Authority member Renz. The Chairman put the motion which was unanimously adopted. Authority member Renz made a motion, seconded by Authority member Stoner to schedule the hearing for May 4, 1977. The Chairman put the motion which was unanimously adopted. Renewal of Class C, 3.2% Fermented Malt Beverage License for Pitzelles, 119 West Oak Street, approved Deputy City Clerk LaVonne Dowell, advised the Authority that this was a routine renewal and the Police Department report "revealed nothing derogatory and recommended approval of the application for renewal". Authority member Renz made a motion, seconded by Authority member Stoner to approve the renewal application for a Class C, 3.2% Fermented Malt Beverage License for Pitzelle's, 119 West Oak. The Chairman put the motion which was unanimously adopted. Renewal of a Class B, 3.2% Fermented Malt Beverage License for Ronald Vigil dba Andersonville Grocery, 418 Ninth Street, approved. Deputy City Clerk LaVonne Dowell advised the Authority that this was a routine renewal and the Police Department report "revealed nothing derogatory and recommend approval of the renewal application." Authority member Bean made a motion, seconded by Authority member Renz to approve the renewal application for a Class B, 3.2% Fermented Malt Beverage License submitted by Ronald Vigil dba Andersonville Grocery. The Chairman put the motion which was unanimously adopted. Resolution adopted granting a Class C, 3.2% Fermented Malt Beverage License to the Upper Crust, 1018 South College Avenue. Deputy City Clerk, LaVonne Dowell read the title of the Resolution only since a complete copy of the resolution had been provided to members of the Authority previously. Authority member Renz made a motion to adopt the resolution, seconded by Authority member Stoner. The Chairman put the motion which was unanimously adopted. _5- 'I + `u 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 The Upper Crust, Inc., d/b/a The Upper Crust, for a Class C License for the sale of non -intoxicating malt liquor came on for hearing on the 9th day of March, i977, 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 1012 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. J f - ~ 0 L] 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. S. 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 The Upper Crust, Inc., d/b/a The Upper Crust, for a Class C License for the sale of non -intoxicating malt liquor at 1012 South College Avenue, Fort Collins, Colorado be and the same is hereby granted. Passed and adopted at a regular meeting of the Liquor Licensing Authority of the City of Fort Collins, Colorado, held this 6th day of April A.D ATTEST: City C erl k—a` r. Discussion of proposed changes to code regarding beer and liquor licenses. Assistant City Attorney Ramsey Myatt reviewed briefly the circum- stances that have brought about a need to change our Code and bring it in line with the State Statutes. The City Code requires that a liquor license be issued within one year from the date of approval and the 1976 State Legislature has lengthened that period to two years. Mr. Myatt requested that there be a clarification put into the code regarding hours of service for 3.2% beer, specifically on Saturday night and Sunday. Authority member Bean made a motion directing the City Attorney to prepare the necessary documents to be presented to Council for their consideration, motion seconded by Authority member Renz. The Chairman put the motion which was unanimously adopted. Police Department Report Bob Mason from the Police Department reported on the following items: 1) Possible violation at Act I, Foothills Fashion Mall which will be scheduled for consideration at the May 4th meeting. 2) College Days is coming up, most of the activities will be confined to the CSU Campus. 3) On April 18, 1977, State Liquor Inspector, James Barry will conduct a training class for all beer and liquor licensee's regarding ID checking at 7:00 P.M. in the Council Chambers of City Hall. Discussion of House Bill 1318 Chairman Seegmiller stated that he and Authority member Dell Bean were very interested in proposed House Bill 1318, regarding the allowance or non -allowance of minors in those outlets having a Tavern License. The Authority discussed this matter at length and decided to wait and see what happened at the State level before pursuing it further at the City level. Letter of Resignation Authority member Stoner submitted the following letter for consid- eration. The Chairman accepted the letter with regret stating it had been a pleasure having Mr. Stoner on the Authority. '� 7 April 6, 1977 Mr. Carlos Seegmiller, Chairman Liquor Licensing Commission Fort Collins, Colorado Dear Carlos: Due to an imminent conflict of interest, I hereby submit my resignation from the Liquor Licensing Commission effective April 7, 1977. It has been a pleasure to serve on your commission, and I regretfully have to resign at this time. SES:sm Sincerely, S. Edward Stoner Adjournment Authority member Stoner made a motion to adjourn. Chairman Seegmiller seconded the motion. The Chairman put the e motion which was unanimousl, adopted. � /' ATTEST: 'K Deputy City Clerk 1: �