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HomeMy WebLinkAboutLiquor Licensing Authority - Minutes - 06/27/1979LIQUOR LICENSING AUTHORITY Regular Meeting - June 27, 1979 7:30 P.M. A regular meeting of the Liquor Licensing Authority was held on Wednesday, June 27, 1979, 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. Absent: Authority member Renz. Staff Members Present: Sgt. Bob Mason, Police Department Wanda Krajicek, Deputy City Clerk Pete Ruggiero, Assistant City Attorney Minutes of the Regular Meeting of May 30, 1979, Approved as Published Authority member Long made a motion, seconded by Authority member Bean to approve the above minutes as published. The Chairman put the motion which was unanimously adopted. Renewals Approved for the Following Locations: Pit Stop Liquors, 315 Riverside Round -the -Corner, 1221 W. Elizabeth Authority member Bean made a motion, seconded by Authority member Long to approve the above listed renewals. The Chairman put the motion which was unanimously adopted. 3.2% Special Events Permit Approved for Holy Family Church for August 4 & 5 Ernest Marine, 906 E. Myrtle, Chairman of the event, appeared to explain their plans for their annual fiesta. Authority member Bean made a motion, seconded by Authority member Seegmiller to approve the 3.2% Special Events permit for Holy Family Church for August 4 and 5, 1979. The Chairman put the motion which was unanimously adopted. IPA Application Accepted for a Beer and Wine License for Northside NOSH, 173 N. College Avenue Authority member Long made a motion, seconded by Authority member Bean to accept the Beer and Wine application for Northside NOSH, 173 N. College Avenue and to set the preliminary hearing date for July 25 and the final hearing date for August 22. The Chairman put the motion which was unanimously adopted. Application Accepted for a Hotel -Restaurant License for the Cow Paddy, 169 N. College Avenue Authority member Bean made a motion, seconded by Authority member Wilson to accept the Hotel -Restaurant license for the Cow Paddy, 169 N. College Avenue and to set the preliminary hearing date for July 25 and the final hearing date for August 22. The Chairman put the motion which was unanimously adopted. Transfer of Ownership of the Library, 1220 W. Elizabeth to Ackerman and May, Inc., Approved Don May, 612 Rocky Mountain Way, explained the plans of Ackerman and May, Inc. for operating the Library. He noted that presently the outlet was a 3.2% disco. with recorded music and their intent was to have it remain much the same except that they intend to add chips and pretzels. The game tables will be left intact. He spoke of his past work experi- ence and the experience of his partners in the bar business and also of their plans for checking identification. Authority member Long made a motion, seconded by Authority member Bean to approve the transfer of ownership for the Library, 1220 W. Elizabeth. The Chairman put the motion which was unanimously adopted. Transfer of Ownership of Charley's Cousin, 3400 S. College to the Wine Cellar, Inc. and Change of Trade Name to the Wine Cellar, Approved John Dowd, 1825 Ridgewood Road, was sworn and noted that he intended to operate in much the same manner as the previous owner except that he would remove the piano bar and install a small dance floor and provide recorded music. He stated that he would manage the outlet himself and would assign the managerial duties to an �xperiencedjemployee for the few hours he could not be present. -3- Authority member Long made a motion, seconded by Authority member Wilson to approve the transfer of ownership and the change of trade name to the Wine Cellar, 3400 S. College Avenue. The Chairman put the motion which was unanimously adopted. The Chairman read the hearing procedure at length before proceeding with the three final hearings. Final Hearing on a Class C, 3.2% Fermented Malt Beverage License for B-cubed 3524 S. Mason, License Granted Allan Porter, attorney representing the applicant, appeared and called Max Scott, Oedipus, Inc., Boulder as his first witness. Mr. Scott noted that his firm was a para-legal research firm specializing in demographic surveys and petition circulation on behalf of liquor or beer applications. He presented petitions that his firm had circulated and explained the procedures used for their circulation. Mr. Porter's next witnesses were Pam and John Archer, 1221 W. Oak, owners of the proposed outlet, who were sworn before speaking of their plans for B-cubed and of their past work experience. Mr. Archer noted that they had operated a similar establishment in Wheatridge for 2--� years. He presented a petition that he and his wife had circulated among the businesses surrounding 3524 S. Mason and also presented a prospectus of* their business outlining the image they intend to create. Authority member Long made a motion, seconded by Authority member Bean to approve the Class C, 3.2% Fermented Malt Beverage License for B-cubed, 3524 S. Mason. The Chairman put the motion which was unanimously adopted. Final Hearing on a Class A, 3.2% Fermented Malt Beverage License for Tom and Susie Campbell dba ObydAAs. 822 S. Colleae Avenue. License Granted Tom and Susie Campbell, 417 N. Impala, owners of the proposed establishment appeared and were sworn before speaking of their plans for ObydAAs. They described their remodeling plans and described the menu they plan to serve. They presented petitions containing 400 signatures that they had circulated on behalf of ObydAAs. Authority member Long made a motion, seconded by Authority member Wilson to approve the Class A, 3.2% Fermented Malt Beverage License for ObydaAs, 822 S. College. The Chairman put the motion which was unanimously adopted. Final Hearing on a Class C, 3.2% Fermented Malt Beverage License for Dorothy Godinez dba El Bandido, 1232 W. Elizabeth, License Granted -4- Dorothy Godinez, 1201 Stover, appeared to continue her testimony about the operation of E1 Bandido. She presented petitions containing 305 signatures that she had circulated in the neighborhood on behalf of her application. Assistant City Attorner Pete Ruggiero noted that these petitions were notarized and in proper form. (Secretary's note: This hearing had been tabled May 30 to allow Mrs. Godinez to circulate additional petitions in the correct form.) Authority member Long made a motion, seconded by Authority member Bean to approve the Class C, 3.2% Fermented Malt Beverage License for El Bandido, 1232 W. Elizabeth. The Chairman put the motion which was unanimously adopted. Show/Cause Hearing for Armadillo Restaurant, 354_Walnut Letter of Reprimand Ordered Sergeant Mason called Dennis Weitzel, Fort Collins Police Department, as the City's first witness. Officer Weitzel was sworn and related the events in connection with the incident occurring on April 27, 1979 at approximately 9:10 P.M. He stated that he had been summoned to the Armadillo Restaurant on a disturbance call and had apprehended J. Michael McIntyre fleeing from the scene. He took Mr. McIntyre back to the restaurant and determined from his driver's license that Mr. McIntyre was 20 years old at the time. Mr. McIntyre stated that he had been drinking in the Armadillo and had not been checked for identification. Officer Weitzel also noted that Mr. McIntyre had been a former employee of the restaurant. Sgt. Mason next called Jeffrey Michael McIntyre, 701 Elmwood, Wilmette, Illinois, who was sworn and described the incident occurring at the Armadillo on April 27, 1979. He noted that he had been a waiter at the restaurant serving both food and liquor and that his identification had not been checked at the time of his employment. Mr. Joe Louis Lucio, Greeley, son of the owner of the Armadillo, stated that Mr. McIntyre had been terminated about three weeks prior to the incident. He explained that in the rush of screening over 700 applications, Mr. McIntyre's age had not been verified. He further noted that until recently they had been under the impression that it was illegal to ask a person's date of birth on an application form. They have since added this provision to the form. Mr. Lucio was now sworn and stated that Mr. McIntyre was not 21 at the time of his hiring and that he had been served liquor on the night in question. .The waitress who served Mr. McIntyre made the assumption that since he had been employed by the restaurant, that his age was not in question, (that it had been verified at the time of hire.) He noted that this was -5- the first time anything of this nature had occurred and that they have since verified all their employees to make certain there were no others that had slipped by. He stated that they are trying to be much more rigid in their hiring practices. Authority member Long made a motion, seconded by Authority member Wilson to determine that a violation did occur at the Armadillo on April 27, 1979. The Chairman put the motion which was unanimously adopted. Sgt. Mason noted that since this was the first violation at this establishment and since the management appears to have taken steps to ensure that a similar situation does not occur, he would recommend that the Authority direct the City Attorney to write a letter of reprimand to the owners. Authority member Bean made a motion, seconded by Authority member Long to direct the City Attorney to write a letter of reprimand to the owners of the Armadillo. The Chairman put the motion which was unanimously adopted. Final Resolution Adopted Granting a Hotel -Restaurant License to Unitel, Inc. dba University Hilton, southeast corner of Center and W. Prospect The Resolution was read by title only as each Authority member had received a copy of the Resolution with their agenda. FINDINGS AND RESOLUTION OF -THE LOCAL LIQUOR LICENSING ON OF THE CITY OF FORT COLLINS, COLORADO, CONCERNING AN APPLICATION FOR HOTEL RESTAURANT LIQUOR LICENSE The application of Unitel, Inc.,.doing business as University Hilton, southeast corner of Center and West Prospect Street, for a Hotel Restaurant Liquor License came on for hearing on the 30th day of May, 1979„ 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: 10 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, as amended) Section 12-47-138 prohibits the issuing of a license at the proposed location. 3. The applicant is of good character and qualified under the Ordi- nances 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 containing substantial numbers of signatures and evi- dence were presented and received at the hearing, indicating a need for the license applied for and, the local licensing authority hereby finds that the reasonable requirements of the neighborhood requires the issuance of the license applied for. The Authority recognizes 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 not now fully constructed;, and no license should beiissued until the construc- tion 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. I -7- o RESOLUTION OF THE LOCAL LIQUOR LICENSING AUTHORITY OF THE CITY OF FORT COLLINS, COLORADO, CONCERNING AN APPLICATION FOR A HOTEL RESTAURANT LIQUOR LICENSE BE IT RESOLVED by the Local Liquor Licensing Authority of the City of Fort Collins, Colorado, that the application of Unitel, Inc., for a Hotel Restaurant Liquor License be and the same hereby is granted in accordance with the findings of the Authority set forth above; and I 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 specifications and the require- ments of the Building Inspector. fAsed and adopted this 27th day of June, A.D. 1979. ts. �'.. Chairman ATTEST:.'' City Clerk - � we Authority member Bean made a motion, seconded by Authority member Seegmiller to adopt the Resolution as presented. The Chairman put the motion which was unanimously adopted. Final Resolution Adopted Granting a Class A, 3.2% Fermented Malt Beverage License to Sandwich Board, The Resolution was read by title only as each Authority member had received a copy of the Resolution with their agenda. FINDINGS AND RESOLUTION OF THE LOCAL LIQUOR LICENSING AUTHORITY OF THE CITY OF FORT COLLINS, COLORADO, CONCERNING AN APPLICATION FOR A CLASS "A" 3.2% FERMENTED MALT BEVERAGE LICENSE. . The application of Frederick Pike and Jonathan Birnbaum, doing busi- ness as The Sandwich Board, 231 Walnut Street, for a Class "A" 3.2% Fer- mented Malt. Beverage License came on for hearing on the 30th day of May, 1979, 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, as amended) Section 12-47-138 prohibits the issuing of a license at the proposed location. 3. The applicant is of good character and qualified under the Ordi- nances 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. I Mon 5. Petitions containing substantial numbers of signatures and evi- dence were presented and received at the hearing, indicating a need for the license applied for and, the local licensing authority hereby finds that the reasonable requirements of the neighborhood requires the issuance of the license applied for.. The Authority recognizes that other licenses exist in the neighborhood, but hereby finds that an additional need exists for the license applied for. RESOLUTION OF THE LOCAL LIQUOR LICENSING AUTHORITY OF THE CITY OF FORT 'COLLINS, COLORADO, CONCERNING AN APPLICATION FOR A CLASS "A" 3.2% FERMENTED MALT BEVERAGE LICENSE BE IT RESOLVED by.the Local Liquor Licensing Authority of the City of Fort Collins, Colorado, that the application of Frederick Pike and Jonathan Birnbaum for a Class "A" 3.2% Fermented Malt Beverage License be and the same hereby, is granted in accordance with the findings of the Authority set forth above. Passed and adopted this 27611 day of ATTEST i A City Clerk -10- Authority member Bean made a motion, seconded by Authority member Long to adopt the Resolution as presented. The Chairman put the motion which was unanimously adopted. Decision Reached on the Show/Cause Hearing for Campus West Liquors, Held On May 30, 1979 No Violation Found Authority member Bean made a motion, seconded by Authority member Wilson to determine that no violation occurred on April 20, 1979 at Campus West Liquors. The Chairman put the motion to a vote which resulted in the following vote: Yeas: Bean, Seegmiller and Wilson. Nays: Long. THE MOTION CARRIED. Adjournment Authority member Long made a motion, seconded by Authority member Wilson to adjourn the meeting. The Chairman put the motion which was unanimously adopted. The meeting adjourned at 10:00 p.m. Chairman ATTEST: Deputy City Clerk