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HomeMy WebLinkAboutLiquor Licensing Authority - Minutes - 03/07/1979LIQUOR LICENSING AUTHORITY Regular Meeting - March 7, 1979 7:30 P.M. A regular meeting of the Liquor Licensing Authority was held on Wednesday, March 7, 1979, at 7:30 p.m. in the Council Chambers in the City of Fort Collins Municipal Building. Roll call was answered by the following Authority members: Bean, Renz, Seegmiller and Wilson. Absent: Long. Staff Members Present: Sgt. Bob Mason, Police Department Wanda Krajicek, Deputy City Clerk Pete Ruggiero, Assistant City Attorney Minutes of the Regular Meeting of February 7, 1979, Approved as Published Authority member Renz made a motion, seconded by Authority member Bean to approve the minutes of the regular meeting of February 7, 1979 as published. The Chairman put the motion which resulted in the following vote: Yeas: Authority members Bean, Renz and Seegmiller. Nays: None. (Wilson abstained.) Renewals Approved for the Following Locations: Little Tokyo Cafe, 1801 N. College Avenue Campus West Liquors, 1107 City Park Avenue Spring Creek Liquors, 1005 W. Stuart 7-Eleven, 430 Remington Pitzelles, 119 W. Oak Colony Markets, 420 S. College Student Center, C.S.U. U.S.S. Yellow Submarine, 1015 S. Taft Hill Road Authority member Bean made a motion, seconded by Authority member Renz to approve the above listed renewals. The Chairman put the motion which was unanimously adopted. Consideration of Special Events Permit Tabled Until Later in Meeting Authority member Wilson made a motion, seconded by Authority member Renz to table this item until later in the meeting when the applicant is present. The Chairman put the motion which was unanimously adopted. New Application Rejected for a Hotel-Restuarant License at Benito's Mexican Restaurant, 1035 S. Taft Hill Road Conway Gandy, representing the applicant, requested that the Authority reconsider their refusal to accept this application. He noted that under the local rules (Municipal Code A123-3, para. A) the Code states, "upon the filing of an application, the local licensing authority shall set a date for hearing in accordance with the provisions of state law." Mr. Gandy further noted that it was the position of the applicant that the acceptance is mandatory because of the word "shall." Authority member Bean made a motion, seconded by Authority member Renz to reconsider the hotel -restaurant application submitted by Benito's Mexican Restaurant, 1035 S. Taft Hill Road. The Chairman put the motion which was unanimously adopted. Chairman Seegmiller noted that the next step would be to decide whether to accept the application or not. Mr. Gandy expressed his opinion that the words of the findings and resolution denying the Brookover application referred only to the specific tavern license being applied for at that time. He further noted that he had consulted with the State Liquor Enforcement Division and they had in turn consulted with the Attorney General's Office and then had made a telephone statement to him that they would have no objection to the local authority granting a different type of license at that location. Pete Ruggiero, Assistant City Attorney, stated that in his opinion, it would not be inappropriate for the Authority to consider acceptance of this application and then consider it on its merits at the regular hearing. Authority member Renz made a motion, seconded by Authority member Wilson to accept the application for a hotel -restaurant license submitted by Benito's Mexican Restaurant. The Chairman put the motion with the following vote: Yeas: Authority members Renz and Wilson. Nays: Authority members Bean and Seegmiller. THE MOTION FAILED Expansion of Premises at Johnny's Liquors, 111 W. Prospect Approved Dave Osborn, attorney representing the applicant, introduced Tom Stroh, manager of Johnny's Liquors, who was sworn and spoke of his methods of obtaining - signatures for their petitions both in the store and in the neighborhood. He noted that the reason for the expansion was to better organize and display their merchandise and to carry a larger selection. Mr. Osborn noted that there were a total of 1,872 signatures on all the petitions. -2- E He next called Jerald Blake, co-owner of the establishment, who spoke of his involvement with the operation of the store. He noted that the volume of the business had expanded in the past five years so that he felt this proposed expansion was justified. Authority member Wilson made a motion, seconded by Authority member Renz to approve the expansion as described. The Chairman put the motion which was unanimously adopted. Expansion of Premises at Chesterfield, Bottomsley and Potts, 1415 W. Elizabeth Approved Judy Ranten, 3409 McConnel Drive, Laporte, manager of the establishment, appeared and was sworn before describing the proposed changes at Chesterfield, Bottomsley and Potts. She noted that the seating capacity would remain about the same and that the patio would be entirely fenced. Authority member Bean made a motion, seconded by Authority member Wilson to consider this expansion not to be substantial. The Chairman put the motion which was unanimously adopted. Preliminary Hearing on a Hotel -Restaurant License for Legends Inc., 172 N. College Avenue, Boundaries Established 1. The boundaries as presented by the administration were as follows: North from the subject premises to the City limits; West from the subject premises to Shields Street; South frm the subject premises to Prospect; East from the subject premises to the City limits extended South to Lemay. Authority member Bean made a motion, seconded by Authority member Renz to accept the boundaries as proposed. The Chairman put the motion which was unanimously adopted. The Chairman read the final hearing procedure at length before proceeding with the three final hearings. Final Hearing on a Hotel -Restaurant License Submitted by Joy Lewis and Richard Goehring dba Lewis and Clark, 822 S. College License Granted The Resolution outlining the results of the preliminary Resolution was read by title only. Authority member Bean made a motion, seconded by Authority member Renz to adopt the Resolution as presented. The Chairman put the motion which was unanimously adopted. -3- Ramsey Myatt, attorney representing the applicant, appeared and introduced Joy Lewis, 2701 Dunbar, who was sworn before describing her past experience in the entertainment field. She explained their plans for operating this restaurant and their hours of operation. Mr. Myatt presented the following applicant's exhibits: "A" - petitions containing 908 signatures in support of the application. letter from Mr. Myatt concerning the procedure to be followed by the petition circulators. "C" - promotional package for the team of "Lewis and Clark." Mr. Myatt introduced the petition circulators and then asked those in the audience in support of this application to stand. Approximately 25 persons responded to this request. He next called Richard Goehring, 2701 Dunbar, who was sworn and spoke of his past work experience and his experience in the entertainment field. lie estimated that they would open their restaurant on April 23, 1979. Authority member Wilson made a motion, seconded by Authority member Bean to approve the Hotel -Restaurant license submitted by Joy Lewis and Richard Goehring dba Lewis and Clark, 822 S. College Avenue. The Chairman put the motion which was unanimously adopted. 3.2% Special Events Permit Approved for Office of Cultural Affairs, C.S.U. for April 13, 1979 The Chairman asked that the record show he did not vote or participate in this item. Colleen Jennings, Program Coordinator for the Office of Cultural Programs, appeared to explain the plans for the event. Authority member Renz made a motion, seconded by Authority member Wilson to approve the Special Events Permit as described above. The Chairman put the motion which resulted in the following vote: Yeas: Authority members Bean, Renz and Wilson. Nays: None. (Chairman Seegmiller did not participate.) THE MOTION CARRIED Final Hearing on Hotel -Restaurant License for Scott-Trang and Associates dba Corner Pockets Billiards, 3500 block of S. Mason License Granted David Wood, attorney for the applicant, appeared and introduced Frederick Meyer Scott III, 3115 Flamingo Way, Billings, Montana, as his first witness. Mr. Scott was sworn and then described the operation of the proposed restaurant. He noted that his corporation held franchises for Corner Pockets Billiard in Boulder, Colorado and Moscow, Idaho as well as the Fort Collins location. He described his education, past employment and -4- work experience noting that he was a licensed securities dealer and insurance salesman. He then described the arrangements for the financing of this venture. Mr. Wood presented the Authority with several photos and artists renderings showing the proposed decor of the establishment and the floor plan of the actual site. Mr. Scott discussed the menu and noted that he was aware that at least 25% of the gross income must come from the sale of food. He presented computations, based on the history of other outlets, to show this 25% requirement would be satisfied. Mr. Wood next called Richard Trang, 2053 Hewitt Drive, Billings, Montana. Mr. Trang was sworn before speaking of his involvement with this organization. Mr. Trang gave testimony regarding his previous work experience, noting that he also had been an investment and insurance securities salesman. Mr. Wood then called Max Scott, president of Oedipus Inc., Boulder, who was sworn and presented petitions circulated by his firm containing 560 signatures in support of this application. Mr. Scott also presented a survey done by his firm showing certain demographic information regarding this proposed outlet. He outlined in detail the procedures for obtaining signatures used by his firm's circulators. Authority member Bean made a motion, seconded by Authority member Wilson to adopt the Resolution outlining the results of the preliminary hearing. The Chairman put the motion which was unanimously adopted. Authority member Benz made a motion, seconded by Authority member Wilson to approve the Hotel -Restaurant license submitted by Scott-Trang and Associates dba Corner Pockets Billiards. The Chairman put the motion which was unanimously adopted. Final Hearing on a Class B 3.2% Fermented Malt Beverage Submitted by Winfred and Shirley Kurtz, dba DrinQ Creek Handi Foods. 1005 W. Stuart. License Grants Gene Fisher, attorney representing the applicant, appeared and called Winfred Kurtz, 1600 W. Stuart, as his first witness. Mr. Kurtz was sworn and described the nature of his business as a convenience food outlet similar to a 7-Eleven operation. He stated that he felt he needed to be able to sell 3.2% beer to remain competitive with these similar outlets and that his customers had made requests that he sell 3.2% beer. He presented petitions containing 369 signatures that had been circulated over the counter at the store. Mr. Max Scott, Oedipus, Inc., was next called and sworn before presenting petitions circulated by his firm containing 913 signatures in support of this application. He noted that his employees had followed the same procedures in obtaining signatures as he had outlined in his testimony during the Corner Pockets Billiards hearing. He presented a similar demographic survey on this proposed outlet. -5- Authority member Bean made a motion, seconded by Authority member Wilson to approve the Class B, 3.2% Fermented Malt Beverage license application submitted by Winfred and Shirley Kurtz dba Spring Creek Handi-Foods, 1005 W. Stuart. The Chairman put the motion which was unanimously adopted. Police Report Sgt. Mason made two requests for show/cause hearings. He described the two incidents occurring at King Sooper, 1015 S. Taft Hill Road and North College Liquors, 814 N. College Avenue. Authority member Bean made a motion, seconded by Authority member Wilson to schedule a show/cause hearing on April 4, 1979 for North College Liquors. The Chairman put the motion which was unanimously adopted. Authority member Bean made a motion, seconded by Authority member Renz to schedule a show/cause hearing on April 4, 1979 for King Soopers, 1015 S. Taft Hill Road. The Chairman put the motion which was unanimously adopted. Show/Cause Hearing for Jefferson Market, 622_N. College Letter of Reprimand Ordered Pete Ruggiero, Assistant City Attorney, presented the City's case. Mr. Ruggiero called Officer David Wilson, Fort Collins Police Department, who was sworn and described the incident occurring on January 20, 1979 noting that the minor involved, Jeff Schulein, had stated that he had purchased the beer in his possession at Jefferson Market. Gary Crites, owner of Jefferson Market, questioned Officer Wilson regarding his testimony. Mr. Ruggiero next called Jeff Schulein, 2500 E. Harmony Road, #17 who was sworn and described the events of January 20, 1979, stating that he had purchased the beer at Jefferson Market from a clerk who he identified as being present in the room. He stated that the clerk was talking with another customer and asked to see some identification. Mr. Schulein presented his Fort Collins High School I.D. which showed him to be 17 and was allowed to purchase the beer. Authority member Seegmiller made a motion, seconded by Authority member Renz that a violation did occur on January 20, 1979 at Jefferson Market. The Chairman put the motion which resulted in the following vote: Yeas: Authority members Bean, Renz and Seegmiller. Nays: Authority member Wilson. THE MOTION CARRIED Authority member Bean made a motion, seconded by Authority memberRenz to direct the Assistant City Attorney to write a sternly worded letter of reprimand to the owner of Jefferson Market, 622 N. College. The Chairman Put the motion which was unanimously adopted. Resolutions Adopted Granting Licenses as Follows: Class C, 3.2% Fermented Malt Beverage License to Gary Lagrone dba the Goldrush, 244 Pine Street Class B, 3.2% Fermented Malt Beverage License to Walgreen Drugstore, 125 S. College Avenue Class B, 3.2% Fermented Malt Beverage License to Walgreen Drugstore, 2265 S. College Avenue The Resolutions were read by title only as each Authority member had received a complete copy with their agenda. Authority member Bean made a motion, seconded by Authority member Seegmiller to adopt all three Resolutions as presented. The Chairman put the motion which was unanimously adopted. Adjournment Authority member Wilson made a motion, seconded by Authority member Bean to adjourn the meeting. The Chairman put the motion which was unanimously adopted. The meeting adjourned at 11:30 p.m. ATTEST: Deputy City Clerk Chairman -7-