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
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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
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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.
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Chairperson
e etary