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HomeMy WebLinkAboutLiquor Licensing Authority - Minutes - 10/10/1984LIQUOR LICENSING AUTHORITY Regular Meeting - October 10, 1984 7:30 p.m. A regular meeting of the Liquor Licensing Authority was held on Wednesday, October 10, 1984 in the Council Chambers of the City of Fort Collins Municipal Building. Roll call was answered by the following members: Acott, Long, Monaghan, Veazie, and Wilson. Authority Members Absent: Bujack and Sheahan. Staff Members Present: Debbie Caster, City Clerk's Clerk Paul Eckman, Assistant City Attorney Frank Russell, Police Department Minutes of the Regular Meeting of September 12, 1984, Approved as Published Authority member Long made a motion, seconded by Authority member Veazie, to approve the minutes of the regular meeting of September 12, 1984 as published. Yeas: Acott, Long, Monaghan, Veazie and Wilson. Nays: None. Show/Cause Hearing South College Liquors, 2724 South College Avenue Assistant City Attorney Paul Eckman briefed the Authority on the violation noting that on June 26, 1984, at approximately 2:08 p.m., the owner of South College Liquors sold beer to Police Scout Mark Lantry, who is under the age of 21 years. He noted that there have been no prior liquor viola- tions during the tenure of Mr. O'Brien's ownership. He also noted that in August of 1983, this establishment passed a compliance check. Paul stated the Police Department is recommending a one -day suspension of the license. Mr. Michael O'Brien, owner, agreed to stipulate to the facts contained in the police report. Authority member Monaghan made a motion, seconded by Authority member Veazie, that a violation did occur on June 26, 1984, at South College Liquors, 2724 South College Avenue. Yeas: Acott, Long, Monaghan, Veazie and Wilson. Nays: None. Mr. Michael O'Brien stated he supports the under age drinking laws and blames the violation on the fact that he was hurrying when he made the sale. -2- October 10, 1984 Authority member Acott made a motion, seconded by Authority member Mona- ghan, to suspend the license for one day, to be served on a business day (no holidays or election day) within the next 30 days, at the convenience of the licensee and that the premises be posted. Yeas: Acott, Long, Monaghan, Veazie and Wilson. Nays: None. Show/Cause Hearing Park Central Discount Liquors, 1045 Garfield Assistant City Attorney Paul Eckman briefed the Authority on the violation noting that on June 26, 1984, at approximately 1:51 p.m., an employee of Park Central Discount Liquors sold beer to Police Scout Mark Lantry, who is under the age of 21 years. He noted that there have been no previous violations on this license. Paul stated the Police Department is recom- mending a one -day suspension of the license. Mr. Bill Darrough, attorney representing the applicant, stated they are stipulating to the facts contained in the police report. Authority member Veazie made a motion, seconded by Authority member Long, that a violation did occur on June 26, 1984, at Park Central Discount Liquors, 1045 Garfield (now located at 1616 South Lemay Avenue). Yeas: Acott, Long, Monaghan, Veazie and Wilson. Nays: None. Mr. Bill Darrough explained that the violation occurred during the transi- tion when the store was moving from 1045 Garfield to 1616 South Lemay. It was noted that since the violation, the employee who sold the beer is no longer employed there. In addition, Mr. Darrough stated the store has implemented written policies and procedures relating to liquor sales. Mr. Darrough noted that part-owner Sandra Goldstein was not able to be present due to illness. He went on to explain that the store is having serious financial difficulty at this time. Therefore, Mr. Darrough requested that the Authority not suspend the license due to the economic impact and issue a letter of reprimand. Mr. Cliff Ellison, manager, stated he has replaced the previous manager. Mr. Ellison answered some of the Authority's questions and stated he will register with the City as the new manager. Authority member Acott made a motion, seconded by Authority member Mona- ghan, to suspend the license for one day, to be served on a business day (no holidays or election day) within the next 30 days, at the convenience of the licensee and that the premises be posted. Authority member Veazie suggested that the one -day suspension be served within the next 90 days due to the financial situation of the store. Authority members Acott and Monaghan considered the amendment friendly to their motion. The motion was voted on as follows: Yeas: Acott, Long, Monaghan, Veazie and Wilson. Nays: None. -3- Show/Cause Hearings (2) Fort Ram, 450 North Linden Center Drive October 10, 1984 Assistant City Attorney Paul Eckman explained that the City is dismissing the two show/cause hearings for the Fort Ram. He stated that police officers observed visibly intoxicated persons at the premises. He ex- plained, however, that these people were drinking with a group and the City has no testimony or witnesses which would prove there was a sale. There- fore, Paul stated, procedurally he does not feel a hearing can be conducted. Mr. Ramsey Myatt, attorney representing the applicant, stated the owners are extremely concerned with the alleged violation. He stated the Fort Ram has an excellent reputation in the way they run their establishment. It was noted that their file contains a letter from Sgt. Greg With of the Fort Collins Police Department commending the establishment for refusing to serve to intoxicated persons. Mr. Myatt stated he agrees with the City as to whether a violation could be proven and stated he, too, has reservations in conducting a show/cause hearing. Mr. Kevin Sheesley, general manager, stated the policies at the Fort Ram are to refuse service to anyone who is intoxicated. He stated they often times escort people out of the establishment and have even arranged rides home for people. He also spoke of their carding policies. Authority member Wilson commended the Fort Ram for all their efforts in the past with respect to controlling sales to intoxicated people. Mr. Sheesley also noted that his employees are scheduled for training classes conducted by Officer Ernie Tellez with the Fort Collins Police Department. Show/Cause Hearing Electric Stampede, 242 Linden Mr. Brian McMahill, representative, explained that Mr. Tom Metcalf, attor- ney for the Electric Stampede, was scheduled out of town and on his behalf, requested that the hearing be tabled to November 7, 1984. Assistant City Attorney Paul Eckman concurred. Authority member Monaghan made a motion, seconded by Authority member Veazie, to table the show/cause hearing for the Electric Stampede to November 7, 1984. Yeas: Acott, Long, Monaghan, Veazie and Wilson. Nays: None. -4- October 10, 1984 Change in Class of License The Junction, 518 West Laurel It was noted that The Junction is applying for a change in the class of license. The establishment desires to sell off premises in addition to on premises; therefore they are switching from a Class A license to a Class C license. Authority member Long made a motion, seconded by Authority member Veazie, to approve the change in class of license for The Junction, 518 West Laurel. Yeas: Acott, Long, Monaghan, Veazie and Wilson. Nays: None. Modification of Premises Electric Stampede, 242 Linden Mr. Richard White, owner, explained that he has added a new stand up bar area at the far end of the club. Mr. White stated he has no excuse for not notifying the board prior to installing the bar. He explained that there is no expansion or decrease in seating. He described the new service bar area in more detail and answered the questions of boardmembers. Authority member Monaghan made a motion, seconded by Authority member Acott, that the modification is not substantial. Authority member Long stated he feels a new bar is substantial. The motion was put to vote as follows: Yeas: Acott, Monaghan, Veazie and Wilson. Nays: Long. Modification of Premises Jefferson Street Station, 200 Jefferson Mr. Dave Stwalley, owner, stated he is proposing to glass in the patio area located to the rear of the restaurant. He stated this will allow them to serve on the patio year round. Mr. Stwalley stated he is also adding a small dance floor on one end of the patio area. He stated the live enter- tainment will consist of quiet, easy listening music. In response to a question by the Authority, he stated there will be no increase in seating capacity. Authority member Acott made a motion, seconded by Authority member Long, that the modification is not substantial. Yeas: Acott, Long, Monaghan, Veazie and Wilson. Nays: None. -5- October 10, 1984 Special Events Permit - Liquor CSU Music Department (Madrigal Dinners) November 29, 30 and December 1, 1984 Mr. Robert Molison, Director of the Chamber Singers, stated this is the third year that the Madrigal dinners will be held. He noted that CSU and Rocky Mountain High School are sponsoring the event. Mr. Molison stated there are no changes from past years. He stated Lory Student Center employees over the age of 21 years will be serving the wine. He added that all personnel will be trained to look for proper identification. It was noted that there have been no problems in the past. Authority member Acott made a motion, seconded by Authority member Veazie, to approve the special events permit for CSU Madrigal Dinners on November 29, 30 and December 1, 1984, from 5 p.m. to 12 midnight. Yeas: Acott, Long, Monaghan, Veazie and Wilson. Nays: ?Done. Transfer of Ownership Fast Lane, 200 West Horsetooth Road It was noted that the Authority unanimously approved the transfer of ownership at last month's hearing without anyone from the establishment present. Mr. Paul Murphy, manager of operations for Gasamat Oil Corporation, was present to explain the transfer of ownership. He stated Gasamat Oil was a wholly owned subsidiary of Asmera Oil, Inc. (the previous applicant). Last March, Mr. Murphy stated the president of Asmera Oil bought out Gasamat Oil. He explained that Gasamat is now a privately held corporation and transferred the license into that name. Mr. Murphy stated there have been no other changes. Transfer of Ownership Rooster Cogburns, 117 Linedn Street Mr. Mike Koltak, sole owner of Omega Marketing, Inc., stated he has pur- chased the restaurant under a management agreement pending approval of the transfer of ownership. Mr. Koltak explained that he is modifying the interior premises. He stated the kitchen will be relocated to the rear of the building. He stated there are no major changes in seating capacity. Mr. Koltak stated they will be losing the existing patio and relocating a new patio to the front of the building. He explained that the patio is designed to be 12 feet out in front of the restaurant. He stated Old Town Associates have not yet finalized the details of the patio. -6- October 10, 1984 The Authority decided to consider the interior modification only at this time. In response to a question by the Authority, Mr. Koltak stated a general manager will be selected and registered before the Board at a later date. He added that, currently, he is on the premises on a daily basis. Mr. Koltak stated he is familiar with the liquor laws and will be responsible for training employees. He spoke briefly of his training procedures. Authority member Monaghan made a motion, seconded by Authority member Long, to approve the transfer of ownership from William Edminston to Omega Marketing Associates, Inc. Yeas: Acott, Long, Monaghan, Veazie, and Wilson. Nays: None. Authority member Monaghan made a motion, seconded by Authority member Veazie, to approve the modification to the interior premises only and rule that they are not substantial. Yeas: Acott, Long, Monaghan, Veazie, and Wilson. Nays: None. Registration of Manager Red Lobster, 3309 South College Avenue Mr. Gerry Neal, general manager, was sworn and spoke briefly of his back- ground. Mr. Neal stated he is responsible for training the employees. He spoke of regular training sessions which are held. Authority member Monaghan made a motion, seconded by Authority member Long, to approve the registration of manager for Gerry Neal at Red Lobster, 3309 South College Avenue. Yeas: Acott, Long, Monaghan, Veazie, and Wilson. Nays: None. Registration of Manager Fort Ram, 450 North Linden Center Drive Mr. Kevin Sheesley, general manager, was sworn and spoke briefly of his background. Mr. Sheesley stated he is familiarizing himself with the liquor laws. He stated he will be responsible for training all the em- ployees. He stated training classes are scheduled with the Police Depart- ment. Authority member Monaghan made a motion, seconded by Authority member Veazie, to approve the registration of manager for Kevin Sheesley at Fort Ram, 450 North Linden Center Drive. Yeas: Acott, Long, Monaghan, Veazie, and Wilson. Nays: None. -7- October 10, 1984 Registration of Manager Armadillo, 354 Walnut Ms. Brenda Brady, general manager, was sworn and spoke briefly of her background. She stated she will be responsible for training the employees. Ms. Brady stated she is familiar with the liquor laws. Authority member Acott made a motion, seconded by Authority member Long, to approve the registration of manager for Brenda Brady at the Armadillo, 354 Walnut. Yeas: Acott, Long, Monaghan, Veazie, and Wilson. Nays: None. Registration of Manager Mini Mart, 1104 West Elizabeth It was noted that no one was required to be present since this is a 3.2% license. Ms. Kathy Christensen, general manager, was sworn and spoke of her back- ground. Ms. Christensen stated she is familiar with the beer laws and will be responsible for training employees. It was suggested that Ms. Christensen contact someone at the Police Department to coach her on identifying false ID's. Authority member Long made a motion, seconded by Authority member Acott, to approve the registration of manager for Kathy Christensen at Mini Mart, 1104 West Elizabeth. Yeas: Acott, Long, Monaghan, Veazie, and Wilson. Nays: None. Preliminary Hearing and Resolution for Cafe Francais, No. 11 Old Town Square, Suite 100 Ms. Nicole Cochard, part-owner, requested that the boundaries be expanded to include the entire City limits. Authority member Monaghan made a motion, seconded by Authority member Veazie, to accept the entire City limits as the boundaries for Cafe Fran- cais, No. 11 Old Town Square, Suite 100. Yeas: Acott, Long, Monaghan, Veazie, and Wilson. Nays: None. The Resolution outlining the results of the preliminary hearing was read by title only. .sm Authority member Long made a motion, to adopt the preliminary resolution Monaghan, Veazie, and Wilson. Nays: October 10, 1984 seconded by Authority member Acott, as presented. Yeas: Acott, Long, None. Preliminary Hearing and Resolution for Nicky's, No. 21 Old Town Square Suite 100 Mr. Tim Dow, attorney representing the applicant, requested the boundaries be expanded to include the entire City limits since the project is geared as a community wide activity center. Authority member Veazie made a motion, seconded by Authority member Acott, to accept the entire City limits as the boundaries for Nicky's, No. 21 Old Town Square, Suite 100. Yeas: Acott, Long, Monaghan, Veazie, and Wilson. Nays: None. The Resolution outlining the results of the preliminary hearing was read by title only. Authority member Long made a motion, seconded by Authority member Acott, to adopt the preliminary resolution as presented. Yeas: Acott, Long, Monaghan, Veazie, and Wilson. Nays: None. Preliminary Hearing and Resolution for Gadsby's, 115 East Harmony Road The boundaries as proposed by the Administration were as follows: North from the subject premises to Horsetooth Road. West from the subject premises to Shields Street. South from the subject premises to Harmony Road and City limits. East from the subject premises to Lemay Avenue. Ms. Linda Gadsby, part-owner, stated the boundaries are acceptable. Authority member Veazie made a motion, seconded by Authority member Acott, to accept the boundaries as proposed for Gadsby's, 115 East Harmony Road. Yeas: Acott, Long, Monaghan, Veazie, and Wilson. Nays: None. The Resolution outlining the results of the preliminary hearing was read by title only. Authority member Long made a motion, seconded by Authority member Acott, to adopt the preliminary resolution as presented. Yeas: Acott, Long, Monaghan, Veazie, and Wilson. Nays: None. October 10, 1984 Final Hearing and Final Resolution for a 3.2% Fermented Malt Beverage License, Class A, Duds 'n Suds, 1427 West Elizabeth Mr. Marty Tjelmeland, part-owner, was sworn and spoke of his background. He explained that he is proposing a coin -operated laundry. He stated the hours will be 7 a.m. to 10 p.m., seven days a week. However, he stated they will only serve beer between the hours of 12 noon and 9 p.m. He added that they will have a large screen TV, pool tables, study area, and a 3.2% bar. Mr. Tjelmeland stated he will be responsible for training the em- ployees. He noted that his employees will go through the BRITE training program. Mr. Tjelmeland stated that he feels any violation would be a very serious offense, therefore, he testified that he will make spot compliance checks himself in addition to the Police Department. He indicated that any employee who consistently violates any policy or law will be terminated. Mr. Tjelmeland stated he would also like to schedule training classes for his employees with Officer Ernie Tellez of the Fort Collins Police Depart- ment. Ms. Brenda Rowe, office manager of Oedipus, Inc. in Boulder, was sworn and submitted Applicant's Exhibits 1 and 2. Applicant's Exhibit 1 was identi- fied as a summary report of the survey results and Applicant's Exhibit 2 was identified as petitions circulated on behalf of the application. 11s. Rowe explained that the survey indicated that 81% of the neighborhood signed in favor of the license. She added that 81% is a very high figure for a 3.2% on -premise license. Mr. Tjelmeland spoke of other 3.2% licenses in the neighborhood area and added that no other establishment has a laundry business. He spoke briefly of the floor plan, noting that there will be approximately 30 seats. Mr. Tjelmeland stated he feels the neighborhood feels there is a need for the license and supports the laundry idea. Authority member Veazie made a motion, seconded by Authority member Acott, to approve the 3.2% fermented malt beverage license for Duds 'n Suds, 1427 West Elizabeth. Yeas: Acott, Long, Monaghan, Veazie, and Wilson. Nays: None. It was noted that the Final Resolution will be considered at this time due to the delay of the report from CBI. Authority member Long made a motion, seconded by Authority member Acott, to adopt the resolution as presented. Yeas: Acott, Long, Monaghan, Veazie, and Wilson. Nays: None. -10- October 10, 1984 Final Hearing and Final Resolution for a Hotel -Restaurant License for Fort Collins Club Lounge (The Gallery), 1307 East Prospect Road Mr. John Duvall, attorney representing the applicant, requested that the trade name change be considered at this time. Authority member Veazie made a motion, seconded by Authority member Long, to approve the change in trade name from the Fort Collins Club Lounge to The Gallery. Yeas: Acott, Long, Monaghan, Veazie, and Wilson. Nays: None. Ms. Brenda Rowe, office manager of Oedipus, Inc. in Boulder, was sworn and submitted Applicant's Exhibits 1 and 2. Applicant's Exhibit 1 was identi- fied as petitions circulated on behalf of the application. Applicant's Exhibit 2 was identified as a summary report of the survey results. Ms. Rowe explained that the survey indicated that 76% of the neighborhood signed in favor of the license. She added that this figure is an average statistic for a Tavern license survey. Mr. Patrick O'Mara, owner, was sworn and spoke of his background. Mr. O'Mara explained that he will be the owner of The Gallery and assistant manager to the Fort Collins Club. It was noted that should Mr. O'Mara be terminated as an employee of the Club, he would still be owner of the lounge and liquor license. Mr O'Mara stated the opening date of the Club is November 1, 1984. Applicant's Exhibit 3 was submitted and identified as the floor plan for the two floors of the Fort Collins Club. It was noted that all of the premises will be licensed except the massage parlor room and the day care center. Mr. O'Mara explained that their policy will not allow liquor anywhere except in The Gallery except on certain occasions such as parties, handball tournaments, etc. Mr. O'Mara went on to explain the lease arrangements and financial arrangements. He stated there is only one other Tavern license in the defined neighborhood area. Applicant's Exhibit 4 was submitted and identified as a detail drawing of the lounge area known as The Gallery. Mr. O'Mara stated all food will be catered in to The Gallery. Applicant's Exhibit 5 was submitted and identified as the proposed menu. Mr. O'Mara stated he is familiar with the liquor laws. He stated he will be responsible for training employees. He spoke briefly of the training procedures and training programs. He added that he will be obtaining a Drivers ID booklet for employees' use. He stressed that he will not be pushing liquor sales. He noted The Gallery will be open Monday thru Friday from 7 a.m. to 12 midnight, 9 a.m. to 8 p.m. on Saturday, and 11 a.m. to 8 p.m. on Sunday. Applicant's Exhibit 6 was submitted and identified as petitions circulated among businesses by Mr. O'Mara. Mr. O'Mara stated 24 out of 26 businesses signed in favor. -11- October 10, 1984 Mr. Dave Younger, 1212 Brimwell Court, Fort Collins, Colorado, was sworn and stated he lives 'within the neighborhood area. Mr. Younger stated because there is only one other Tavern within the neighborhood area, he feels this license is needed. Authority member Long made a motion, seconded by Authority member Acott, to approve the Tavern license for The Gallery, 1307 East Prospect Road. Yeas: Acott, Long, Monaghan, Veazie, and Wilson. Nays: None. Authority member Long made a motion, seconded by Authority member Veazie, to approve the Final Resolution as presented. Yeas: Acott, Long, Mona- ghan, Veazie, and Wilson. Nays: None. Final Resolution for a 3.2% Fermented Malt Beverage License, Class B, for 7-Eleven, 4543 Boardwalk The Resolution was read by title only. Authority member Long made a motion, seconded by Authority member Acott, to adopt the Resolution as presented. Yeas: Acott, Long, Monaghan, Veazie, and Wilson. Nays: None. Police Report Officer Frank Russell requested a show/cause hearing for a violation occurring on September 12, 1984 at South College Liquors, 2724 South College Avenue. Authority member Long made a motion, seconded by Authority member Veazie, to determine that there is probable cause and scheduled a show/cause hearing for November 7, 1984. Yeas: Acott, Long, Monaghan, Veazie, and Wilson. Nays: None. Officer Russell stated another routine spot compliance check was conducted on October 4, 1984. He stated 14 establishments were checked and 5 viola- tions were found. He requested show/cause hearings for the following: Ace Liquors, 238 East Mountain Avenue Country Store, 1331 West Elizabeth Fast Lane, 200 West Horsetooth Road The Oasis, 816 East Mulberry Safeway, 2160 West Drake Road -12- October 10, 1984 It was noted that the following establishments passed the compliance check: North College Liquors, 814 North College Avenue Riverside Liquors, 315 Riverside South College Liquors, 2724 South College Avenue Harmony Road Liquors, 115 East Harmony Road Spring Creek Liquors, 1005 West Stuart Campus West Liquors, 1107 City Park Avenue Seven -Eleven, 505 South Shields King Soopers, 2325 South College Avenue Toddy's, 2601 South Lemay Avenue Authority member Acott made a motion, seconded by Authority member Veazie, to determine probable cause and scheduled show/cause hearings for the Country Store, Fast Lane, The Oasis, and Safeway on November 7, 1984. Yeas: Acott, Long, Monaghan, Veazie, and Wilson. Nays: None. Authority member Acott made a motion, seconded by Authority member Veazie, to determine probable cause and scheduled a show/cause hearing for Ace Liquors on December 5, 1984. Yeas: Acott, Long, Monaghan, Veazie, and Wilson. Nays: None. Other Business Assistant City Attorney Paul Eckman informed the Authority that he and Officer Russell met with Gene Mitchell and Jim Reidhead of Old Town Asso- ciates regarding the outdoor patio requests that will be made for the new Old Town area. Paul explained that there are no code provisions specific- ally for outdoor patios. The other issue addressed was enforcement prob- lems from the Police Department's standpoint. It was noted that the Fire Department has certain regulations which state there can be no obstructions in case fire trucks have to have access. In this meeting, it was stated that the Board will have the final authority in what will be approved. It was also noted that the licensee must have complete control of the premises at all times. Adjournment Authority member Acott made a motion, seconded by Authority member Veazie, to adjourn. The Chairperson put the motion which was unanimously adopted. E -13- October 10, 1984 The meeting was adjourned at approximately 11:10 p.m. Secretary ��