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HomeMy WebLinkAboutLiquor Licensing Authority - Minutes - 05/30/1979n'r7. IV Regular Meeting - May 30, 1979 7:30 P.M. A regular meeting of the Liquor Licensing Authority was held on Wednesday, May 30, 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, Renz, Seegmiller and Wilson. 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 2, 1979, Approved as Published Authority member Renz 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: 7-Eleven, 505 S. Shields King Soopers, 2325 S. College Avenue Safeway Stores, 425 S. College Avenue: Safeway Stores, 105 W. Prospect Riverside Kwik Stop, 710 Magnolia Oriental House. 2900 Harvard Spring Creek Runoff, 1006 Spring Creek Lane Pitzelles, 119 W. Oak Authority member Long made a motion, seconded by Authority member Renz to approve the above listed renewals. The Chairman put the motion which was unanimously adopted. Transfer of Ownership of Tavern License for Sportsman Bar, Approved; License Renewed for Same Clifford Holtcamp, 440 Alpert, appeared to explain that he had purchased the interest of his partner Richard Assay and was now the sole proprietor of the Sportsman Bar. He noted that no changes were planned. Authority member Long made a motion, seconded by Authority member Bean to approve the transfer as described and to approve the renewal of the tavern license for the Sportsman Bar, 210 Walnut. The Chairman put the motion which was unanimously adopted. -2- Out of Bounds Barbara Cain, 1706 Ridgewood Road, manager of the Out of Bounds, appeared to explain the height of the wall of their new outdoor patio area. The Authority had expressed concerns that the area was open to the public. Ms. Cain noted that the wall was 48" high plus another 18" of foliage in the planters on top of the wall and that they had not experienced any problems at this point. Authority member Renz noted that she had seen drinks sitting on the wall at 5:30 p.m. and that had concerned her. Ms. Cain replied that since the planters were added, the wall is no longer totally open and reiterated that they had had no problems so far. Registration of Manager, Tal Luther, at Washington's, 132 Laporte Avenue, Approved Tal Luther, 2212 Stanford, appeared and spoke of his background and past work experience. He noted he had been with the corporation that owns Washington's for 3= years, beginning as a dishwasher land working his way up to manager. He explained the procedures for complying with the City's occupancy level requirements. Authority member Bean made a motion, seconded by Authority member Wilson to approve the registration of Tal Luther as manager of Washington's Bar and Grill, 132 Laporte Avenue. The Chairman put the motion which was unanimously adopted. Application for a 3.2% Fermented Malt Beverage License Accepted and Final Hearing Date Set for B-cubed, 3524 S. Mason Allan Porter, attorney representing B-cubed, stated that the boundaries as pro- posed by the administration, were acceptable to his clients. The boundaries proposed were: North from the subject premises to Swallow Road; West from the subject premises to Meadowlark extended south; South from the subject premises to City limits; East from the subject premises to Stover extended south. Authority member Bean made a motion, seconded by Authority member Long to accept the application, set the boundaries as suggested by the administration, and set the final hearing date for June 27. The Chairman put the motion which was unanimously adopted. Application Accepted for a 3.2% Fermented Malt Beverage License and Final Hearing Date Set for Obyddds, 822 S. Colleae Tom and Susie Campbell, 417 W. Impala Drive, appeared and noted that the boundaries as proposed by the administration were acceptable to them. - 3- ine oounwAries proposed were: North from the subject premises to Mulberry; West from the subject premises to Whitcomb extended south; South from the subject premises to Prospect; East from the subject premises to Whedbee. Authority member Long made a motion, seconded by Authority member Wilson to accept the above application, adopt the boundaries as described above and set the final hearing date for June 27. The Chairman put the motion which was unanimously adopted. The Chairman read the final hearing procedure at length before proceeding with the final hearings. Final Hearing on a 3.2% Fermented Malt Beverage License for El Bandido, 1232 W. Elizabeth Tabled Until June 27, 1979 Dorothy Godinez, 1201 Stover appeared and was sworn before describing her reasons for requesting a 3.2% license for her restaurant. She presented petitions containing 107 signatures signed by existing patrons of the restaurant. Assistant City Attorney Ruggiero examined the petitions and determined they were not in correct form since the certification by the circulator was missing and the age of those who signed was not recorded on the petition. Authority members expressed concern that no petitions were circulated in the neighborhood. Authority member Long made a motion, seconded by Authority member Bean to table this final 'nearing until June 27 to allow the applicant to present new petitions in the correct form and to circulate them in the neighboring residential areas. The Chairman put the motion which resulted in the following vote: Yeas: Bean, Long, Seegmiller and Wilson. Nays: Renz. THE MOTION CARRIED. Final Hearing on a Class A,3.2% Fermented Malt Beverage License for Sandwich Board, 231 Walnut, License Granted Frederick Pike, 517 - 17th Street, Greeley, and Jonathan Birnbaum, 128z Longspeak, Longmont, appeared and were sworn before describing their operation. They presented petitions containing 368 signatures that had been circulated in support of this application. They also distributed photos and menus from their establishment and noted that they could seat 46 customers. Authority member Bean made a motion, seconded by Authority member Wilson to approve the Class A, 3.2% Fermented Malt Beverage license for Sandwich Board 231 Walnut. The Chairman put the motion which was unanimously adopted. 1EIe Final Hearing on a Hotel -Restaurant License for University Hilton, Southeast Corner of Center and W. Prospect Preliminary Resolution Adopted and License Granted The Resolution outlining the results of the preliminary hearing was read by title only. Authority member Bean made a motion, seconded by Authority member Long to adopt the preliminary Resolution as presented. The Chairman put the motion which was. unanimously adopted. Allan Porter, representing Unitel, Inc., introduced William H. Richards, 1421 Sunnyslope Lane, Manhattan, Kansas, who was sworn before testifying. He noted that he was an officer and director of Unitel, Inc. and that he would be the manager of the University Hilton. He described the new complex, noting that it would have 150 rooms and a restaurant area seating approximately 100 people. He noted that the approximate total investment in the building and land would run $4,500,000 at today's cost. Mr. Richards asked that the whole complex including the entire building and swimming pool area be considered the licensed premises for licensing purposes. The following persons spoke in favor of this application: Charles Terrell, 1121 Parkwood Dr., former Secretary to the State Board of Agriculture. Richard Albrecht, 2007 Winfield Court, Executive Vice -President and General Manager of the Chamber of Commerce. Mr. Max Scott, Oedipus, Inc., Boulder, presented petitions circulated by his firm. There were two types of petitions presented: the first being in support of the application containing 819 signatures and the second being in opposition to the application containing 71 signatures. He also presented a survey done by his firm showing certain demographic information regarding the proposed outlet. He outlined'in detail the procedures for obtaining signatures used by his firm's circulators. Authority member Long made a motion, seconded by Authority member Bean to approve the hotel -restaurant license for the University Hilton, southeast corner of Center and W. Prospect providing that the applicant return with financing and manager information when it is available and also provide design on fencing and pool containment prior to the issuance of this license. The Chairman put the motion which was unanimously adopted. Show/Cause Hearing for Campus West Liquors, 1109 City Park Avenue, Decision Deferred Until June 27, 1979 Meeting Assistant City Attorney Pete Ruggiero called Sgt. Bob Mason, Fort Collins Police Department,as the City's first witness. He noted that on April 20, 1979 at 11:30 p.m. he and Officer James Gilliam encountered Curtis Carmell at the Campus West Liquor Store. They observed fir. Carmell enter the liquor :tor . purchase some liquor and then leave the store. At that time Officer Gilliam -5- approached Mr. Carmell and obtained identification from him and confiscated a bottle of Jim Beam bourbon whiskey marked as City's exhibit N1. Mr. Ruggiero next called Officer James Gilliam, Liquor Enforcement Officer for the Colorado Department of Revenue. Officer Gilliam stated that on April 20, 1979 he was in the company of Sgt. Mason in the Campus West parking lot. He noted that he observed Mr. Carmell enter the store, make a purchase without producing any identification and then leave the store. He than contacted Mr. Carmell and asked him for identification which he produced. 11r. Myatt objected to testimony about the driver's license when it could not be entered into evidence. Ramsey Myatt, representing Campus West Liquors, stated his opinion that these proceedings should be handled in a manner commensurate with the possible penalties involved. He noted that he felt the law enforcement officers should question the underage person immediately about who made the sale, what type of identification, if any, was exhibited and other details surrounding the -sale itself and as quickly as possible, confront the owner or manager and clerk to obtain their version to see whether or not an identification was presented. Then based on the facts presented, decide whether a search of the under age person was indicated. He noted that there had been no testimony in this hearing of the age of the person and requested a dismissal. Authority member Long made a motion that there was a violation on April 20, 1979 at Campus West Liquors. This motion died for lack of a second. Authority member Bean made a motion to table this matter until June 27 and order the City to subpoena Curtis Carmell and the sales clerk. Mr. Myatt objected to this motion on the grounds that the City had rested its case and thus the matter could only be tabled for further deliberation and no further evidence could be introduced. Mr. Ruggiero concurred. Authority member Bean amended his motion to state to "table a decision on whether a violation occurred until June 27" and Authority member Long seconded the motion. The Chairman put the motion which resulted in the following vote: Yeas: Bean, Long and Seegmiller. Nays: Renz and Wilson. THE MOTION CARRIED. Show/Cause Hearing for Saddle -Up Liquors, 1015 S. Taft Hill Road, Seven Day Suspension Levied, Four Days Suspended f for Remainder of Licensing Period, Three Consecutive Days to be Served at the Discretion of the Licensee -6- Assistant City Attorney Ruggiero called Sgt. Mason, Fort Collins Police Department, who spoke of the incident at Saddle -Up Liquors on April 21, 1979 at 11:15 p.m. He noted that he had contacted Patrick Calahan on that evening after observing Mr. Calahan enter Saddle -Up Liquors and then leave the store. He asked Mr. Calahan for identification and he produced a temporary driver's license indicating his name to be Steven L. Scoles on Doubletree Drive. The description on the license did not match this person. Mr. Thomas Metcalf, representing Saddle -Up objected to this testimony saying the license was not available to be entered into evidence. Sgt. Mason then noted that he checked the temporary license plate on the car which gave the name Calahan. He then challenged Mr. Calahan who produced a Colorado minor's driver's license. He noted that he had not actually observed the sales transaction. Mr. Ruggiero introduced the City's exhibit #1 which was identified by Sgt. Mason as being a 6-pak of Michelob beer confiscated from Mr. Calahan on April 21, 1979. Mr. Ruggiero next called Patrick K. Calahan, 3136 Eagle who was sworn and stated his date of birth was August 21, 1961. Mr. Calahan stated that he had purchased a 6-pak of Michelob beer at Saddle -Up Liquors and that he had been requested to show identification, being a temporary driver's license which was confiscated by Sgt. Mason. Mr. Calahan identified a man in the audience as being the clerk who sold him the beer. He noted that he had two driver's licenses on his person the night of the incident. Mr. Ruggiero asked the nature of the temporary license. Mr. Metcalf objected on the basis that the document should be allowed to speak for itself. In closing,Mr. Ruggiero noted that a temporary license is not a legitimate form of identification for purposes of liquor licensing and that Mr. Calahan himself had indicated his birthdate to be August 21, 1961. Mr. Metcalf objected to the form of the proceedings in that "the person who is now presenting the evidence on behalf of the City is the same person from whom you are seeking legal advice." He took exception to Mr. Ruggiero's statement and called the Authority's attention to C.R.S. 12-47-128-5a, "if a person who in fact is not 21 years of age exhibits a fraudulent proof of age, any action relying on such fraudulent proof of age shall not constitute grounds for revocation or suspension of any license issued under this article." He raised the question whether the temporary license produced was a fraudulent proof of aqe. He noted that identification does not refer to proof of age. He stated that when the clerk at Saddle -Up asked for proof of age and was shown a driver's license, they should be given excuse under the statute since the language "fraudulent proof of age" and "identification" can not be used interchangeably. iA Authority member Renz made a motion, seconded by Authority member Bean that a violation did occur at Saddle -Up on April 21, 1979. The Chairman put the motion which was unanimously adopted. Authority member Renz made a motion, seconded by Authority member Long to levy a seven day suspension, four days to be suspended for the remaining licensing period provided no further violations occur and the remaining three days to be served consecutively at the licensee's discretion within 30 days. The Chairman put the motion which resulted in the following vote:', Yeas: Bean, Long, Renz and Seegmiller. Nays: Wilson. THE MOTION CARRIED. Show/Cause Hearing for Ace Liquors, 212 E. Mountain, Two Day Suspension Levied Authority member Renz did not participate in discussion or vote on this item. Assistant City Attorney Ruggiero called Officer Ray Martinez, Fort Collins Police Department, as the City's first witness. Officer Martinez stated that on April 20, 1979 at 7:45 p.m. he was at Ace Liquors and observed Melinda Wagner and Joyce Sanchez purchase some liquor from George Vidacs who took their money and rang,up the purchase. He approached Ms. Wagner and asked her for identification which she said she had left at home. Ms. Sanchez said her identification was also at home. He asked Ms. Wagner to step outside and she admitted she was not 21 and showed her Colorado driver's license which showed her correct date of birth October 6, 1959. The girls were issued a citation for the liquor violation and he also wrote Mr. Vidacs a summons for the _violation. Ms. Sanchez date of birth was determined to be November 10, 1960. Officer Martinez identified the clerk, George Vidacs, in the audience. Officer Martinez identified the City's exhibit #1 as a bottle of Boone's Farm wine, two bottles of Black Velvet whiskey and a 6-pak of Miller's beer and stated that he had confiscated this liquor from Ms. Wagner and Sanchez on April 20, 1979. Mr. Ruggiero next called Sgt. Mason, Fort Collins Police Department, who noted that he was in charge of the evidence locker at the Police Department. He stated that he had received the City's exhibit #1 and had placed a green tag on it as an identifying mark. He noted that he had sealed the bag and placed it in the evidence bin on April 20, 1979 and then had removed it this evening for the hearing. Vincent Chung, 732 Parkwood, owner of Ace Liquors, explained that it was their usual practice to accept the money, ring up the sale, place in a bag and then ask for identification. George Vidacs, Rist Canyon, Bellvue, was sworn and then stated that he felt the purchase had not been completed as the girls did.not have possession of the liquor since it was still on the counter. He questioned whether Officer Martinez had been able to see the transaction because of other cutomers in the store. He noted that one of the girls had shown identification 10 r n,,y..,� -,n T�{+.. ,•G �Yl fl .�.. 1, �,i. n,,/'.,. Sn ! i:, ,.;nrn nn* ;�•_ � „'1: .�. he stated that ne considered the cash register receipt as proof of the sale as they withheld it until identification.was shown. Authority member Wilson noted that she had recently made a purchase at Ace Liquors and had been asked to show identification after the sale had been rung up. She stated she was not sure whether this was for proof of age or for identification purposes on her check. Authority member Bean made a motion, seconded by Authority member Long to determine that a violation did occur at Ace Liquors on April 20, 1979. The Chairman put the motion which was unanimously adopted.. Authority member Long made a motion, seconded by Authority member Wilson to levy a two day suspension, not necessarily consecutive days at the convenience of the owners and that the premises are to be posted. The Chairman put the motion which was unanimously adopted. Police Report Sgt. Mason requested a show/cause hearing for the Armadillo Restaurant, 354 Walnut on the basis of an alleged violation occurring there on April 27, 1979. Authority member Wilson made a motion, seconded by Authority member Bean to schedule a show/cause hearing for the Armadillo on June 27, 1979. Adjournment Authority member Long made a motion, seconded by Authority member Wilson to adjourn the meeting. The meeting adjourned at 11:30 p.m. rman ATTEST: Deputy City Clerk