HomeMy WebLinkAboutLiquor Licensing Authority - Minutes - 04/04/1979LIQUOR LICENSING AUTHORITY
Regular Meeting - April 4, 1979
7:30 P.M.
A regular meeting of the Liquor Licensing Authority was held on Wednesday,
April 4, 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
Authority members: Bean, Long, Seegmiller and Wilson. Absent: Renz.
Staff Members Present: Sgt. Bob Mason, Police Department
Wanda Krajicek, Deputy City Clerk
Don Deagle, Assistant City Attorney
Minutes of the Regular Meeting of
March 7, 1979, Approved as Published
Authority member Wilson 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:
Collindale Snack Bar, 1441 E. County Road 40
City Park Nine, 411 S. Bryan
Paul's Pizza, 1301 W. Elizabeth
China Palace, 117 S. College
Greek Connection, 249 S. College
Authority member Long made a motion, seconded by Authority member Bean to
approve the above listed renewals. The Chairman put the motion which was
unanimously adopted.
Final Hearing, Legends, Inc.,
172 N. College, Tabled to May 2 1979
Authority member Long made a motion, seconded by Authority member Wilson to
table the final hearing of Legends, Inc. until May 2, 1979 at the request
of the applicant. The Chairman put the motion which was unanimously adopted.
New Hotel -Restaurant Application
Accepted for University Hilton on W. Prospect
Authority member Long made a motion, seconded by Authority member Wilson to
accept the new hotel -restaurant application submitted by Unitel, Inc. dba
University Hilton, southeast corner of Center and Prospect and to set the
preliminary hearing date for May 2 and the final hearing date for May 30.
The Chairman put the motion which was unanimously adopted.
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New 3.22 Application Accepted
for Benito's Mexican Cuisine, 1035 S. Taft Hill Road
Dave Baumgartner appeared and noted that the 2,000 foot boundaries were
acceptable to him.
Authority member Bean made a motion, seconded by Authority member Long to
accept the new application and set the final hearing date for May 2. The
Chairman put the motion which was unanimously adopted.
3.2% Special Events Permit Approved
for Historic Old Town on May 5 1979
Steve Ackerman, 639 Hollywood, appeared and explained the details of their
plans. He noted that they intended to use the Red Garter parking lot as a
beer garden and that several officers would be present to provide security
for the area. The event would be held from 9:00 a.m. until 7:00 p.m. on
May 5.
Authority member Bean made a motion, seconded by Authority member Long to
approve the Special Events Permit for Historic Old Town for May 5, 1979.
The Chairman put the motion which was unanimously adopted.
Resolutions Approved Granting the Following Licenses:
Lewis and Clark, 822 S. College - Hotel -Restaurant
Corner Pockets Billiards, Mason and Horsetooth - Hotel -Restaurant
Spring Creek Handi-Foods, 1005 W. Stuart, Class B,3.2% Fermented Malt
Beverage
The three Resolutions were read by title only as each Authority member had
received a complete copy with his agenda.
Authority member Long made a motion, seconded by Authority member Bean to
adopt the three Resolutions as presented. The Chairman put the motion which
was unanimously adopted.
Reuben Ramirez - Nutmeg Pub
Reuben Ramirez, 528 Deines Court, appeared at the request of the Authority
to explain the changes made at his establishment and to request a change in
trade name. He noted that his wife was managing the bar and that the remodeling
was as he had described several months ago when he had appeared to request a
modification of their premises.
Show/Cause Hearing for King Soopers,
1015 S. Taft Hill Road, Verbal Reprimand,
Copy of Minutes to File
Sgt. Mason called Officer Greg With, Fort Collins Police Department, as his
first witness. Officer With stated that on February 10, 1979 he had contacted
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Michael Durham for a traffic offense in the 300 block of South College. He
observed a 6-pak of Miller 3.2% beer on the seat of the car and when questioned,
Mr. Durham advised him that he had purchased the beer at King Soopers, 1015 S.
Taft Hill Road without having to furnish any proof of age. Officer With noted
that he then returned to the King Sooper store with Mr. Durham, where
Mr. Durham identified the sales clerk, Lauren Rose, as being the person who
had sold him the beer.
Scott Honneger, attorney representing King Soopers, appeared and questioned
Officer With regarding the incident.
Sgt. Mason next called Michael Durham, 2206 Shropshire Avenue, who was sworn
and then described the incident occurring on February 10, 1979. Mr. Durham
noted that he was 17 at the time of the incident, his date of birth being
February 28, 1961.
Mr. Honneger called Lauren Rose Melendrez, 318 W. Myrtle, who was sworn and
then stated that she had no recollection of selling the beer to Mr. Durham.
She also noted that since this incident, she had been notified that another
incident of this type will result in her termination.
Mr. Honneger next called Eric Larsen, 65 Tejon Street, Denver, a market analyst
for King Soopers. Mr. Larsen was sworn and then presented exhibits 1, 2 and
3 which were policy statements and manuals pertaining to the sale of 3.2% beer
at King Soopers stores.
Mr. Honneger's final witness was Gary Prickett, 12801 Homer Court, Laporte,
manager of the store. Mr. Prickett was sworn and stated that he began his
duties on February 12 after the incident had occurred. He noted that there
have been several meetings with the employees of the two Fort Collins stores
to review the 3.2% beer policies to insure all employees are aware of the correct
procedures.
Authority member Long made a motion, seconded by Authority member Bean to issue
a verbal reprimand to the store and to direct that a copy of the minutes of this
meeting be placed in the store's file. The Chairman put the motion which was
unanimously adopted.
Show/Cause Hearing for North College Liquors,
814 N. College, Three Day Suspension Levied,
Two Days Suspended, One Day To Be Served at
the Discretion of the Owner
Ramsey Myatt, attorney representing Michael Bilys, owner of North College
Liquors, appeared on behalf of his client.
Sgt. Mason called Officer James Gilliam, 1125 First Street, Eaton, Liquor
Enforcement Officer, Colorado Department of Revenue, who was sworn before
describing the incident occurring February 9, 1979 at North College Liquors.
Officer Gilliam stated that he observed a young lady in the store later to be
identified as Andrea Meek, purchasing a 6-pak of Michelob and a bottle of wine.
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He contacted her outside the store and determined her age to be 17 and then
accompanied her to the Fort Collins Police Station where her father was
contacted and picked her up. He then returned to the store and wrote
Mr. Bilys a citation for selling to a minor.
Sgt. Mason next called Andrea Meek, 1400 W. Oak, who was sworn and stated that
her date of birth was December 15, 1961. She stated that she purchased the
beer and wine at North College Liquors and had not been asked for any type of
identification.
Mr. Myatt called Michael Bilys, 1025 Oxford Lane, owner and manager of the
store, who was sworn and stated that he had owned the store nine years. He
stated that he did not remember making a sale to Ms. Meek on February 9, 1979
and that he had never received a violation previous to this incident.
Authority member Long made a motion, seconded by Authority member Wilson that
a violation did occur on February 9, 1979 at North College Liquors. The
Chairman put the motion which was unanimously adopted.
Authority member Bean made a motion, seconded by Authority member Long to
assess a three day suspension of the license, two days to be held in abeyance
for the remainder of the license period and served if any further violation
occurs, one day to be served at the discretion of the licensee with the
notification of that date to the City Clerk's Office. The Chairman put the
motion which was unanimously adopted.
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 9:30 p.m.
Chairman
ATTEST:
Secretary