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HomeMy WebLinkAboutLiquor Licensing Authority - Minutes - 07/20/1983LIQUOR LICENSING AUTHORITY Regular Meeting - July 20, 1983 7:30 P.M. A regular meeting of the Liquor Licensing Authority was held on Wednesday, July 20, 1983, in the Council Chambers of the City of Fort Collins Muni- cipal Building. Roll call was answered by the following members: Acott, Bujack, Long, Monaghan, Sheahan, Veazie and Wilson. Staff Members Present: Wanda Krajicek, City Clerk's Office Ken Frazier, City Attorney's Office Minutes of the Regular Meeting of June 22, 1983, Approved as Published Authority member Long made a motion, seconded by Authority member Veazie, to approve the minutes of the regular meeting of June 22, 1983, as pub- lished. The Chairperson put the motion with Long, Sheahan, Veazie, and Wilson. Monaghan. the following votes: Yeas: Acott, Nays: None. Abstain: Bujack and Show/Cause Hearing Ace Liquors, 200 East Mountain Avenue Assistant City Attorney Ken Frazier stated the applicant is willing to stipulate to the facts contained in the police report. Ken briefly re- viewed the contents of the report. Specifically, on June 2, 1983, the Police Department conducted a routine spot compliance check whereby Ms. Linda Ballard, police cadet under the age of 21, purchased a bottle of wine at Ace Liquors. It was noted that no ID was required of Ms. Ballard. Assistant City Attorney Ken Frazier stated the Police Department is recom- mending a two-day suspension. Authority member Long made a motion, seconded by Authority member Bujack, to determine that a violation did occur at Ace Liquors, 200 East Mountain Avenue. Yeas: Acott, Bujack, Long, Monaghan, Sheahan, Veazie, and Wilson. Nays: None. Mr. David Power, attorney representing the licensee, stated on the day of the violation Mr. Young Seo, general manager of Ace Liquors, sold the bottle of wine to Ms. Ballard. Mr. Power stated Mr. Seo has had two years prior experience in retail liquor sales in Baltimore, Maryland. It was f -2- July 20, 1983 noted that no violations occurred within the two-year period. Mr. Power stated that on June 2, 1983, Mr. Seo was working alone. At the time the customer came in to purchase the wine, he was stocking the cooler. Mr. Power stated that Mr. Seo did not ask for an ID from the customer. Since the violation, it was noted that Mr. Seo has attended an ID seminar in Denver. In addition, he has posted signs in the establishment stating that it is required to check for ID. (Secretary's Note: Pictures of the above -mentioned signs were submitted and are on file in the City Clerk's Office.) Mr. Power stated he feels a two-day suspension is too severe and that a letter of reprimand would be in order. Mr. Young Seo and interpreter Jim Peacock were sworn. Authority member Bujack stated that he is concerned with the language barrier and the fact that the owner is no longer living in the State of Colorado. Mr. Seo stated he worked in Baltimore for two years and never had any problems. He also stated that he will take steps to prevent another violation. Dr. Peacock stated that although Mr. Seo cannot speak the English language very well, he can read and write the language very well. Authority member Bujack strongly recommended that Mr. Seo take some English classes. Authority member Monaghan made ja motion, seconded by Authority member Sheahan, to levy a one -day suspension to Ace Liquors, 200 East Mountain Avenue, within the next 30 days at the convenience of the owner and that the premises be posted. Authority member Sheahan also stated his concern with Mr. Seo's ability to speak English. Mr. Power stated that Mr. Seo has plans to enroll in a class that will help him converse better. Authority member Monaghan pointed out that the language barrier will be an issue at the time the license is transferred to Mr. Seo. Authority member Wilson stated that the owners should be aware that young people try to purchase liquor at the establishment and to take extra precaution to avoid selling to a minor. In addition, she stated her concern with the communication problem. She stated she feels a stronger penalty would be in order. Authority member Monaghan stated he is recommending a one -day suspension because he feels the violation was an unintentional mistake on Mr. Seo's part. In addition, he stated he feels Mr. Seo is taking steps to prevent future violations. -3- July 20, 1983 The motion was put to vote as follows: Yeas: Acott, Bujack, Monaghan, and Sheahan. Nays: Long, Veazie, and Wilson. Show/Cause Hearing Jefferson Street Station, 200 Jefferson Mr. Dave Stwally, owner, and Mr. Steve Stafford, manager, were sworn. Assistant City Attorney Ken Frazier stated that the licensee is willing tc stipulate to the violation. Specifically, on June 2, 1983, two police cadets under the age of 21 were served an alcoholic beverage at the estab- lishment. It was noted that no ID check was made. Ken stated that the Police Department is recommending a one -day suspension of the license. Authority member Long made a motion, seconded by Authority member Bujack, to determine that a violation did occur at Jefferson Street Station, 200 Jefferson. Yeas: Acott, Bujack, Long, Monaghan, Sheahan, Veazie, and Wilson. Nays: None. Mr. Dave Stwalley admitted to the violation. He testified that steps have been taken to avoid another violation. Mr. Stwalley pointed out that since the restaurant's opening, several IDs have been confiscated. Mr. Stwalley stated that the employee who served the minors is aware that she will lose her job if she should serve to another minor. He added that the violation has reminded the other employees of the importance in checking for IDs. Mr. Stwalley briefly reviewed their training policies. Authority member Veazie suggested that the employees be more conservative in checking for IDs. Authority member Monaghan made a motion, seconded by Authority member Bujack, to direct the City Attorney's Office to send a letter of reprimand to the Jefferson Street Station, 200 Jefferson. Yeas: Acott, Bujack, Long, Monaghan, Veazie, and Wilson. Nays: Sheahan. Show/Cause Hearing Rooster Cogburn's, 117 Linden Assistant City Attorney Ken Frazier stated that the licensee has agreed to stipulate to the the violation. Specifically, on June 2, 1983, a police cadet under the age of 21 years was served an alcoholic beverage without being asked for an ID. Authority member Long made a motion, seconded by Authority member Bujack, to determine that a violation did occur at Rooster Cogburn's, 117 Linden. Yeas: Acott, Bujack, Long, Monaghan, Sheahan, Veazie, and Wilson. Nays: None. -4- July 20, 1983 Assistant City Attorney Ken Frazier stated that the Police Department is recommending a one -day suspension of the license. Mr. Doug Wolkin, attorney representing the owner, stated no prior viola- tions have occurred at the establishment. Mr. Wolkin stated that the policies on checking IDs are quite strict. It was noted that the employee who served the minor recently turned 21 years of age and was a new wait- ress. In addition, the evening of June 2 was a very busy night. He noted also that the employee has been dismissed for reasons other than the violation in question. Mr. Wolkin briefly spoke of the training procedures and manual. In light of the restaurant's prior record, Mr. Wolkin stated he feels a one -day suspension seems severe and suggested that a letter of reprimand would be more appropriate. Mr. Bill Edmiston, owner, was sworn and clarified the situation with the new employee. He stated she was dismissed one month after the violation. He stated that the violation has made the other employees more aware to check for IDs. Mr. Edmiston stated he has a very strict policy to turn away customers that don't have an ID with them. In addition, Mr. Edmiston stated a sign has been posted on the front door which states that an ID is required. He spoke briefly of the hassles his waitresses receive when they ask for IDs. Mr. Edmiston stated the policies have been reinforced since the violation. Mr. Edmiston also stated it would be helpful if uniformed officers conducted walk throughs more often. In summary, Mr. Edmiston stated he feels a letter of reprimand would be appropriate. Authority member Monaghan made a motion, seconded by Authority member Veazie, to direct the City Attorney's Office to send a letter of reprimand to Rooster Cogburn's, 117 Linden. Yeas: Acott, Bujack, Long, Monaghan, Veazie, and Wilson. Nays: Sheahan. Renewal Application for Linden's. 214 Linden Authority member Long made a motion, seconded by Authority member Bujack, to approve the renewal for Linden's, 214 Linden. The Chairperson put the motion with the following votes: Yeas: Acott, Bujack, Long, Monaghan, Sheahan, Veazie and Wilson. Nays: None. Renewal Application for Jefferson Street Station, 200 Jefferson Authority member Bujack made a motion, seconded by Authority member Long, to approve the renewal for Jefferson Street Station, 200 Jefferson. The Chairperson put the motion with the following votes: Yeas: Acott, Bujack, Long, Monaghan, Sheahan, Veazie and Wilson. Nays: None. -5- July 20, 1983 New Application Accepted for a Beer and Wine License for Chef Wang's Chinese Restaurant, 3640 South Mason, Unit 12 Authority member Long made a motion, seconded by Authority member Bujack, to accept the new application and set the preliminary hearing for August 17, 1983, and the final hearing for September, 14, 1983. The Chairperson put the motion with the following votes: Yeas: Acott, Bujack, Long, Monaghan, Sheahan, Veazie and Wilson. Nays: None. New Application Accepted for a Tavern License for Sagebrush Bar and Restaurant, 934 Lemay Avenue Authority member Long made a motion, seconded by Authority member Sheahan, to accept the new application and set the preliminary hearing for August 17, 1983, and the final hearing for September 14, 1983. The Chairperson put the motion with the following votes: Yeas: Acott, Bujack, Long, Monaghan, Sheahan, Veazie and Wilson. Nays: None. New Application Accepted for a Beer and Wine License for Joe's Fireside Cafe, 311 South College Avenue Authority member Long made a motion, seconded by Authority member Bujack, to accept the new application and set the preliminary hearing for August 17, 1983, and the final hearing for September 14, 1983. The Chairperson put the motion with the following votes: Yeas: Acott, Bujack, Long, Monaghan, Sheahan, Veazie and Wilson. Nays: None. New Application Accepted for a Hotel -Restaurant License for Scoreboard Bar and Grill, 2160 West Drake Authority member Long made a motion, seconded by Authority member Bujack, to accept the new application and set the preliminary hearing for August 17, 1983, and the final hearing for September 14, 1983. The Chairperson put the motion with the following votes: Yeas: Acott, Bujack, Long, Monaghan, Sheahan, Veazie and Wilson. Nays: None. -6- July 20, 1983 New Application Accepted for a 3.2% Fermented Malt Beverage License (Class A) Buffie's. 524 West Laurel Mr. Michael Chapleau, applicant, stated the boundaries are acceptable. Authority member Long made a motion, seconded by Authority member Bujack, to accept the boundaries as proposed by the City and set the final hearing for August 17, 1983. The Chairperson put the motion with the following votes: Yeas: Acott, Bujack, Long, Monaghan, Sheahan, Veazie and Wilson. Nays: None. Transfer of Location for a Retail Liquor Store License Ace Liquors, 238 East Mountain Avenue Authority member Bujack made a motion, seconded by Authority member Veazie, to accept the application for a transfer of location and to set the pre- liminary hearing for August 17, 1983, and the final hearing for September 14, 1983. Yeas: Acott, Bujack, Long, Monaghan, Sheahan, Veazie and Wilson. Nays: None. Special Events License (3.2%) for Eyeopeners Kiwanis Club, October 8, 1983 Mr. Jack Gianola, representative for the Eyeopenwers Kiwanis Club, stated this is the 6th Annual Oktoberfest to be held at the Oak Street Plaza on October 8, 1983. He explained that this event is the Club's major fund raiser. Mr. Gianola stated two police officers will work the area on the day of the event. He briefly explained the training the members who dispense the beer receive. Mr. Gianola stated in the past six years there have been no problems. He stressed that they are very careful to watch for people carrying out beer. Authority member Long made a motion, seconded by Authority member Monaghan, to approve the special events permit to Eyeopeners Kiwanis Club, for October 8, 1983, from 8:00 a.m. to 10:00 p.m. Yeas: Acott, Bujack, Long, Monaghan, Sheahan, Veazie and Wilson. Nays: None. Change of Corporate Structure Upper Crust, 802 South College and 2601 South Lemay Avenue Mr. Ross Ellis, president of Upper Crust, stated he and his uncle, William Ellis, are purchasing the business from David Miller. Mr. Ellis spoke -7- July 20, 1983 briefly of his background. He stated they plan to expand to Upper Crust restaurants throughout Colorado and Wyoming. He added that he will be actively involved in the management of these restaurants. Mr. Ellis stated his uncle will become increasingly active in the management as well. Authority member Long made a motion, seconded by Authority member Monaghan, to approve the change of corporate structure for Upper Crust at 802 South College Avenue and 2601 South Lemay Avenue. Yeas: Acott, Bujack, Long, Monaghan, Sheahan, Veazie and Wilson. Nays: None. Registration of Manager Bennigan's, 2203 South College Avenue Mr. Ronald Cushing, general manager, spoke of his background in the restau- rant business. He stated he started as a dishwasher and worked his way up into management. Mr. Cushing stated he is very familiar with the Colorado Liquor laws. He spoke of his manual and training procedures he has estab- lished at Bennigan's. Authority member Bujack made a motion, seconded by Authority member Veazie, to approve Ronald Cushing as the general manager at Bennigan's, 2203 South College Avenue. Yeas: Acott, Bujack, Long, Monaghan, Sheahan, Veazie and Wilson. Nays: None. Registration of Manager ShowBiz Pizza Place, 105 West Prospect Mr. Frederick Hopkins, genera restaurant business. He states manager in August, 1981 and f Hopkins explained that an ID is ensure that no one underage i stated he would like to see establishment. He stated he i. the training for all employees. manager, spoke of his background in the I he was employed at ShowBiz as an assistant as been promoted to general manager. Mr. required for each glass of beer in order to obtaining beer. In addition, Mr. Hopkins uniformed officers be more visible at the familiar with the liquor laws and conducts Authority member Bujack made a motion, seconded by Authority member Acott, to approve Frederick Hopkins as the general manager at ShowBiz Pizza, 105 West Prospect. Yeas: Acott, Bujack, Long, Monaghan, Sheahan, Veazie and Wilson. Nays: None. Registration of Manager Green Turtle Cafe, 150 North College Avenue Mr. Bob Williamson, attorney representing Mr. Mahammed Kamandy, introduced Mr. Kamandy. -8- July 20, 1983 Mr. Mahammed Kamandy, general manager, stated he has had no prior experi- ence in the liquor business. He stated, however, that he has worked at the Ever Open Cafe and the Green Turtle Cafe. Mr. Kamandy stated he is famil- iar with the identification requirement process and the procedures in serving liquor. He explained that the bartender is most familiar with the liquor laws and provides trianing to the employees. It was noted, however, that the bartender may be leaving to go back to school. Authority member Long stated he feels the owner is asking.for problems by hiring an inexperienced manager. Mr. Williamson stated Mr. Kamandy has been working under the supervision of his brother, Kahalil Kamandy, owner of the Green Turtle. It was noted that the restaurant has never received a violation and that the same policies will be followed as in the past. Authority member Bujack suggested that the manager become more familiar with the liquor laws so as not to jeopardize the license. The Authority discussed the possibility of postponing the approval of the manager until he is more familiar with the laws. It was decided that it is the choice of the owner to register the manager and that the owner will have to take full responsibility. Authority member Bujack made a motion, seconded by Authority member Long, to approve Mahammed Kamandy as the general manager at the Green Turtle, 150 North College Avenue, contingent upon a favorable police report from the Colorado Bureau of Investigations. Yeas: Acott, Bujack, Long, Mon- aghan, Sheahan, Veazie and Wilson. Nays: None. Expansion of Premises for Quinn's, 3620 South Mason Mr. Douglas DeMecurio, president and general manager of Quinn's, stated he is proposing to build a patio addition to the east side of the building. Applicants Exhibits 1 and 2 were submitted, identifying the floor plan and description of the addition. Mr. DeMecurio stated access to the patio will be through the lounge. The patio will increase the seating capacity by 30-40 seats. He explained that the reason for the expansion is due to customers' requests for a patio area. He added that the height of the fence wil be 42 inches. The Authority stated their concern with the height of the fence. It was suggested that landscaping be provided around the fence. -9- July 20, 1983 Mr. DeMecurio stated trees and shrubs will be provided around the exterior of the fence. In addition, he stated potted plants could be placed on the fence for additional height. Authority member Bujack made a motion, seconded by Authority member Mon- aghan, to determine that the expansion is not substantial. Yeas: Acott, Bujack, Monaghan, Sheahan, Veazie and Wilson. Nays: Long. Authority member Bujack made a motion, seconded by Authority member Mon- aghan, to approve the expansion of premises for Quinn's, 3620 South Mason. Yeas: Acott, Bujack, Monaghan, Sheahan, Veazie and Wilson. Nays: Long. Transfer of Ownership for Mr. Ugly's, 1801 North College Avenue Mr. Heinrich Ahrans, Francis Hartmann and John Laughlin, were present to represent J.F.H., Inc. Mr. Ahrans spoke briefly of his background. He stated he has been a doorman at several establishments in Fort Collins and Denver. He stated he has an education degree and at one time had his own business. He stated the corporation took over the bar in February. Mr. Ahrans explained that changes in the food service requirements have occurred since the change over. He explained that additional equipment will be installed in the kitchen. Mr. Ahrans stated one of the three corporate officers is always on the premises between the hours of 11 a.m. and 2 a.m. In response to a question by the Board, Mr. Ahrans stated there has been one disturbance involving injuries at the bar. On occasion, Mr. Ahrans stated he has asked people to leave the bar. He added that he would like to see the Police Department conduct more walk throughs. In response to another question of the Authority, Mr. Ahrans stated there was delay in filing the application for transfer because the three partners were forming a new corporation, J.F.H., Inc. Contrary to the police report, Mr. Ahrans stated the disturbance which occurred at the establishment on July 6, 1983, was reported. Mr. Ahrans stated the establishment did not meet the 25% food requirement at the time they took over the operation. He indicated that with the changes they are making the food requirements should be met by next month. In reference to his police record, Mr. Ahrans stated he has one arrest in May, 1983, for DUI. He stated that this arrest is still pending. Mr. Ahrans denied all other arrests and charges outlined in the police report, claiming that the police report is incorrect. -10- July 20, 1983 In reference to Mr. Hartmann's police record, he stated he has received two arrests for DUI. In reference to Mr. Laughlin's police record, he stated the police report is correct and explained the deposition on each arrest. When asked how each partner would enforce the Colorado Liquor Laws, Mr. Laughlin replied that it is the responsibility of the owners to see that people don't drink too much. If necessary, he stated the owner should call a cab for an intoxicated person. Mr. Laughlin stated he feels he is very familiar with the liquor laws. When asked if being around liquor and having it readily available would be a temptation to drink, Mr. Laughlin stated it would not be. He stated that he usually has a couple of beers while on duty. Authority member Bujack stated his concern about the discrepancy between the police report and Mr. Ahrans testimony on his prior record. Authority member Monaghan stated he cannot reconcile the discrepancies between Mr. Ahrans' testimony and the police report. Mr. Hartmann stated he was involved in the disturbance on July 6. He briefly explained the situation. Authority member Long asked if the sale of the business was contingent upon approval of the transfer of the liquor license. Mr. Hartmann replied yes. Mr. Hartmann explained that they have been managing the business under a management agreement since February, 1983. Authority member Sheahan made a motion, seconded by Authority member Bujack, to table the matter to the August 17 hearing in order to clarify with Officer Russell the arrest records of the three parties involved in the transfer of the liquor license. Authority member Long requested that Mr. Kamandy come before the Board to state why the 25% food requirement has not been met. Authority member Monaghan questioned the suitability of character of the applicant's based on the police report. Mr. Monaghan stated he feels the applicants are not suitable to hold a license. Authority member Acott stated she does not feel the applicants are of good moral character. Authority members Veazie and Bujack stated they feel further clarification is needed. -11- The motion was put to vote as follows: Yeas Nays: Acott, Long, Monaghan and Wilson. The motion failed. July 20, 1983 Bujack, Sheahan and Veazie. Authority member Monaghan made a motion, seconded by Authority member Acott, to deny the transfer of the hotel -restaurant liquor license from Kahalil and Fahima Kamandy to J.F.H., Inc., dba Mr. Ugly's, 1801 North College Avenue. Yeas: Acott, Long, Monaghan and Wilson. Nays: Bujack, Sheahan and Veazie. Transfer of Ownership for Delfannies Restaurant, 3500 South College Avenue #27 Mr. John Duvall, attorney representing the applicant, explained that all of the interest is being transferred to Robin LeBlanc. In addition, the restaurant is relocating at 215 E. Foothiils Parkway. However, the lease at this location does not expire until December 31, 1983. Once the lease terminates or the business is sold, Mr. Duvall explained that Robin will be listed on the license for Delfannies Restaurant Too (next item on the agenda). Mr. Duvall explained that this location holds a beer and wine license and the license at 215 E. Foothills Parkway is a hotel -restaurant license. Under the Colorado Liquor Laws the same owners cannot hold multiple licenses. Mr. Duvall stated this is why it is structured so that Robin LeBlanc is the sole owner for the beer and wine license and her husband, Delbert LeBlanc will be the sole owner of the hotel -restaurant license. It was noted that there will be no changes in operation. Authority member Monaghan made a motion, seconded by Authority member Bujack, to approve the transfer of ownership from E.E. Mitchell, Delbert and Robin LeBlanc to Robin Laurie LeBlanc, dba Delfannies Restaurant, 3500 South College Avenue #27. Yeas: Acott, Bujack, Long, Monaghan, Sheahan, Veazie and Wilson. Nays: None. Transfer of Ownership for Delfannies Restaurant Too, 215 East Foothills Parkway #16 Mr. John Duvall, attorney, stated that Delfannies is relocating to where Red Robin Burger and Spirits Emporium was located at 215 E. Foothills Parkway. Mr. Delbert LeBlanc explained that they will be moving the video game room and adding a bake shop. He stated the restaurant is scheduled to open approximately August 15, 1983. The restaurant will have an entrance from -12- July 20, 1983 the mall and the outside. Mr. LeBlanc stated the menu will remain the same. After December 31, 1983, he stated there will be only one Delfan- nies. At this time papers will be filed to transfer the license from Delbert LeBlanc to a corporation. Authority member Bujack made a motion, seconded by Authority member Long, to approve the transfer of ownership from MRD, Inc., to Delbert Matthew LeBlanc, dba Delfannies Restaurant Too, 215 East Foothills Parkway # 16. Yeas: Acott, Bujack, Long, Monaghan, Sheahan, Veazie and Wilson. Nays: None. Preliminary Hearing for a Beer and Wine License for Fat Boys Bar-B-Q, 4010 South College Avenue The boundaries as proposed by the Administration were as follows: North from the subject premises to West Elizabeth extended to South Drive extended to University Avenue. West from the subject premises to Taft Hill Road. South from the subject premises to West Stuart and City limits. East from the subject premises to College Avenue. Mr. Larry Terrell, owner, stated the boundaries are acceptable. Authority member Long made a motion, seconded by Authority member Bujack, to accept the boundaries as proposed for Fat Boys Bar-B-Q, 4010 South College Avenue. Yeas: Acott, Bujack, Long, Monaghan, Sheahan, Veazie and Wilson. Nays: None. Final Hearing for a Beer and Wine License for DeVita's Italian Deli, 1005 West Stuart The Resolution outlining the results of the preliminary hearing was read by title only. Authority member Long made a motion, seconded by Authority member Veazie, to adopt the Resolution as presented. Yeas: Acott, Bujack, Long, Monaghan, Seahan, Veazie and Wilson. Nays: None. Ms. Susan DeVita, owner, was sworn and presented petitions containing 250 signatures. Signatures were obtained from both customers and residents of the area. The packet of petitions were marked as applicants Exhibit 1. 0 -13- July 20, 1983 stated no one objected to the license during the petitioning process. DeVita stated the license is being applied for to complement the menu. also stated that several customers have requested that liquor be ved. Ms. DeVita stated the business will not be run like a bar. She t on to say that the total seating capacity is 25 seats. The hours of ration are from 11 a.m. to 8:30 p.m. She stated she is currently the y employee. Ms. DeVita stated she is familiar with the liquor laws. DeVita went on to say that she plans to expand the premises next year. that time, she stated she will obtain approval from the Authority. hhority member Monaghan made a motion, seconded by Authority member ack, to approve the beer and wine license to Susan DeVita, dba DeVita's Iian Deli, 1005 West Stuart. Yeas: Acott, Bujack, Long, Monaghan, !ahan, Veazie and Wilson. Nays: None. Final Resolution on a Beer and Wine License for DeVita's Italian Deli, 1005 West Stuart Resolution was read by title only. )rity member Long made a motion, seconded by Authority member Bujack, opt the Resolution as presented. Yeas: Acott, Bujack, Long, Monaghan, in, Veazie and Wilson. Nays: None. 1 Final Hearing for a Hotel -Restaurant License for DiOrio's, 120 Hereford Way lution outlining the results of the preliminary hearing was read by 'y. member Long made a motion, seconded by Authority member Veazie, the Resolution as presented: Yeas: Acott, Bujack, Long, Mona- han, Veazie, and Wilson. Nays: None. dagner, general manager of DiOrio's, was sworn and stated a new is being built on the corner of South College and Hereford Way t yet built). He explained the location in detail. Mr. Wagner e operation of the restaurant. The proposed hours that food >d are from 11:00 a.m. to 10:00 or 11:00 p.m. He stated there sting capacity of approximately 230. He spoke briefly of the -14- July 20, 1983 menu, stating that it will primarily consist of steak, fowl, and a limited amount of seafood. Mr. Wagner stated that he feels the liquor license will complement the menu. He added that approximately 35 people will be em- ployed at the restaurant. Mr. Wagner submitted Applicant's Exhibit 1, which was identified as peti- tions which he circulated within the neighborhood area. He stated the signatures were obtained almost exclusively from residents in the neighbor- hood. A total of 434 signatures were obtained in favor of the license. He added that approximately 1.3% of the people approached refused to sign the petition. The reasons given were disapproval of alcohol. Mr. Wagner went on to say that he feels there is a definite need for a steak house in the south part of town due to the City's significant growth. In addition, he stated there is a need for additional restaurants in the south part of town which serve lunch. Mr. Wagner stated he is aware of the Colorado liquor laws. He stressed the fact that the operation will be a high quality operation and an asset to the community. Applicant's Exhibit 2 was submitted and identified as the site plan. Mr. Jim Bozarth, corporate secretary, was sworn and explained the financial arrangements. He stated that Mr. DiOrio has purchase of the land under contract. The specific amount bding invested is undetermined at this time since the building is not yet built. He also explained the lease arrange- ments. Mr. Jim Garber, manager of Moot House, was sworn and spoke in opposition to the license. He stated the Moot House is located within the defined neighborhood area. Mr. Garber pointed out that the number of restaurants on South College is quite high. He stated he has cut back on personnel because business has slowed down. He stated he feels this is to be con- tributed to the number of restaurants in Fort Collins. In addition, Mr. Garber stated the Chamber of Commerce is currently recommending that no new restaurants locate in Fort Collins. Mr. Garber stated he opposes any new license at this time until the economy improves. Mr. John Dowd, owner of the Wine Cellar, 3400 South College Avenue, was sworn and spoke in opposition to the license. It was noted that the Wine Cellar is located within the defined neighborhood area. Mr. Dowd submitted Opponent's Exhibit A which was identified as eleven statements from other restaurant owners and managers of the neighborhood area who also oppose the license for DiOrio's. Mr. Dowd stated he opposes the license because he feels the needs of the community are being met. He gave specific data outlining the number of restaurants throughout the City. Mr. Dowd spoke of the number of steak houses in Fort Collins and stated that he feels there -15- July 20, 1983 is not a need for another steak house. He also spoke of the number of restaurants which have gone out of business within the past few years. He explained that the Wine Cellar's business is down due to the economy and no new growth. On that basis, Mr. Dowd stated he feels the license should be denied because the needs of the neighborhood are currently being met. In addition, he stated the license should be denied because the economic conditions are causing current restaurant owners to do less business and offer abnormal promotions (i.e. two for one drinks, dinners). Authority member Monaghan stated the Authority cannot deny a license on the basis of economics. He stated the petitions submitted have proved that there is a need and a desire in the neighborhood for the license. In addition, Mr. Monaghan stated he feels the opposition has not proved sufficient reasons to deny the license. Mr. Cliff Wagner spoke of the feasibility study and its analysis conducted prior to DiOrio's locating in Fort Collins. Mr. Wagner stated he feels the economy is on its way to recovery. He also pointed out to the Authority that the opposition's arguments were based on sales of food, not liquor. Lastly, he stated DiOrio's has submitted a valid application and a fair sampling of petitions. Authority member Long made a motion, seconded by Authority member Monaghan, to approve the hotel and restaurant license to Steak, Inc., dba DiOrio's, 120 Hereford Way. Mr. Jerald Ernest was sworn and spoke of the seating capacity of each restaurant located in the south part of Fort Collins. Mr. Ernest ques- tioned the need of the neighborhood and how it's measured. The motion was put to vote as follows: Yeas: Acott, Bujack, Long, Mona- ghan, Sheahan, Veazie, and Wilson. Nays: None. Registration of Manager DiOrio's, 120 Hereford Way Mr. Cliff Wagner spoke briefly of his background and restaurant experience. Mr. Wagner stated he obtained some experience working in a bar during the Air Force. He stated he has owned and operated a restaurant in a suburb of Roswell, New Mexico. Mr. Wagner stated he is currenty employed by DiOrio's and will be the resident manager of DiOrio's once it opens in Fort Collins. Mr. Wagner noted that he is currently a County Commissioner in Chavez County, New Mexico. Authority member Bujack made a motion, seconded by Authority member Veazie, to approve the registration of manager for Cliff Wagner at DiOrio's, 120 -16- July 20, 1983 Hereford Way. Yeas: Acott, Bujack, Long, Monaghan, Sheahan, Veazie and Wilson. Nays: None. Final Resolution on a Hotel -Restaurant License for DiOrio's, 120 Hereford Way The Resolution was read by title only. Authority member Long made a motion, seconded by Authority member Veazie, to adopt the Resolution as presented. Yeas: Acott, Bujack, Long, Monaghan, Sheahan, Veazie and Wilson. Nays: None. Police Report Assistant City Attorney Ken Frazier stated under Section 12-47-110 of the State Liquor Code, a show/cause hearing is being requested for Tequila Junction, 2925 S. College Avenue in order to determine the reason it has not been open and operating during the last year and whether the license should be suspended or revoked. Authority member Monaghan made a motion, seconded by Authority member Bujack, to determine that there is probable cause and scheduled a show/ cause hearing to be held August 17, 1983. Yeas: Acott, Bujack, Long, Monaghan, Sheahan, Veazie and Wilson. Nays: None. Authority member Long suggested that Officer Frank Russell request the State Liquor Enforcement Officer investigate whether the food requirement is being met at Kelly's, 1801 North College Avenue. Adjournment Authority member Bujack made a motion, seconded by Authority member Mon- aghan, to adjourn. The Chairperson put the motion which was unanimously adopted. The meeting was adjourned at approximately 12:35 a.m. /3 Chairperson e etary