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HomeMy WebLinkAboutLiquor Licensing Authority - Minutes - 09/12/1984LIQUOR LICENSING AUTHORITY Regular Meeting - September 12, 1984 7:30 p.m. A regular meeting of the Liquor Licensing Authority was held on Wednesday, September 12, 1984 in the Council Chambers of the City of Fort Collins Municipal Building. Roll call was answered by the following members: Acott, Bujack, Long, Monaghan, Sheahan, Veazie and Wilson. Staff Members Present: Wanda Krajicek, City Clerk Ken Frazier, Assistant City Attorney Frank Russell, Police Department Minutes of the Regular Meeting of August 15, 1984, Approved as Published Authority member Long made a motion, seconded by Authority member Bujack, to approve the minutes of the regular meeting of August 15, 1984 as pub- lished. Yeas: Acott, Bujack, Long, Monaghan, Veazie and Wilson. Nays: None. Abstain: Sheahan. Show/Cause Hearing Sprinq Creek Liquor. 1005 West Stuart Assistant City Attorney Ken Frazier briefed the Authority on the alleged violation stating that on June 26, 1984, at approximately 2:05 p.m., the owner of Spring Creek Liquors sold beer to Cadet Officer Craig Dodd, who is under the age of 21 years. Mr. Don Deagle, attorney representing the applicant, agreed to stipulate to the facts contained in the police report. Ken added that the Police Department is recommending a one -day suspension of the license. Authority member Bujack made a motion, seconded by Authority member Long, that a violation did occur on June 26, 1984, at Spring Creek Liquors, 1005 West Stuart. Yeas: Acott, Bujack, Long, Monaghan, Sheahan, Veazie and Wilson. Nays: None. Mr. Don Deagle stated this is the first violation for the current owner. He requested that the Authority take into consideration the fact that they are located near the University. -2- September 12, 1984 Mrs. Shirley David, owner, stated the violation occurred due to "human error". She assured the Authority that their policy is to card anyone who looks under the age of 38 years. She spoke briefly as to how to control violations in the future. Authority member Monaghan made a motion, seconded by Authority member Bujack, to suspend the license for one day, to be served on a business day within the next 30 days, at the convenience of the licensee and that the premises be posted. Yeas: Acott, Bujack, Long, Monaghan, Sheahan, Veazie and Wilson. Nays: None. Show/Cause Hearing VFW, 603 Lesser Drive Assistant City Attorney Ken Frazier briefed the Authority on the alleged violation stating that on June 17, 1984, an employee of the VFW sold an alcoholic beverage to a visibly intoxicated person. Mr. Joseph Cienfuegos, Sr., was sworn and stated he is past Quarter Master (or Finance Officer) and member of the VFW. On the evening of June 17, 1984, at approximately 7:40 p.m., Mr. Cienfuegos stated he observed Mr. Lewis Martinez staggering. He noted that Mr. Martinez left the establish- ment at approximately 7:50 p.m., noting that he had trouble opening the door to exit. At the time Mr. Cienfuegos left the establishment (approxi- mately 7:55 p.m.) he noticed that his pickup had been rear -ended. He suspected Mr. Martinez had hit his pickup on the basis of where Mr. Mar- tinez's vehicle was parked in the parking lot. Mr. Cienfuegos returned to the bar and told the bartender, Mr. Edward Witt, of the accident who in turn stated he only served Mr. Martinez one drink. In his testimony, Mr. Cienfuegos stated no one can obtain a drink without going through the bartender. Mr. Allen Schwartz, attorney representing the applicant, cross-examined Mr. Cienfuegos. Mr. Cienfuegos stated the door handle had been broken but was repaired by the 17th of June. It was noted that Mr. Witt witnessed the pickup from across the street at the time that he closed the bar, approx- imately 8:00 p.m. Mr. Cienfuegos stated that he was renominated for Quarter Master, but declined to accept due to personal reasons. Assistant City Attorney Ken Frazier inquired whether Mr. Cienfuegos had difficulty with the door when leaving the VFW. Mr. Cienfuegos replied that he had no difficulty. Authority member Monaghan asked Mr. Cienfuegos whether he saw Mr. Martinez take a drink. Mr. Cienfuegos replied that he did see Mr. Martinez take a drink from a small liquor glass. -3- September 12, 1984 Officer Joseph Mulnix was sworn and stated he is a Fort Collins Police Officer. On June 17, 1984 at approximately 8:30 p.m., Officer Mulnix stated Officer Preller requested assistance in locating Mr. Martinez at his residence, 408 Park Street. At this address, Officer Mulnix stated he observed two individuals helping a man into the house. The two individuals then went to a house down the street to the north. He stated the man being helped was later identified as Mr. Martinez. Officer Mulnix stated he also observed an old, army green pickup, later identified as Mr. Martinez's vehicle. Officer Dan Preller was sworn and stated he is a Fort Collins Police Officer. On June 17, 1984, at approximately 8:00 p.m., Officer Preller stated he was dispatched to the VFW where Mr. Cienfuegos informed him of the accident. Officer Preller testified that there was damage to Mr. Cienfuego's right rear tail light, which he stated was later consistent with the damage to Mr. Martinez's pickup. In addition, he stated the left over debris was also consistent with Mr. Martinez's pickup. Officer Preller stated that Mr. Cienfuegos informed him of Mr. Martinez's condi- tion. At the time Officer Preller went to Mr. Martinez's residence, he stated he first noted the damage to the Martinez pickup. When he knocked on the door of the Martinez home, Officer Preller stated no one answered. From the information Officer Mulnix had given him, Officer Preller stated he went to the home of some neighbors to the north of Mr. Martinez, where he did in fact locate Mr. Martinez. He stated he entered into a bedroom of that home where Mr. Martinez was lying on the bed. Officer Preller stated there was a distinct odor of alcohol in the room and that Mr. Martinez had bloodshot eyes. When asked, Mr. Martinez denied he had any medical injury. In their conversation, Officer Preller stated that Mr. Martinez had ad- mitted to driving, leaving the VFW, and having too much to drink during the day. Officer Preller stated that Mr. Martinez consented to a blood test which was taken by a nurse at the Larimer County Detention Center at approximately 9:17 p.m. The results of the test showed a blood alcohol content of .350. It was noted that Mr. Martinez was arrested for leaving the scene of an accident and driving under the influence. In response to a question by the Authority, Officer Preller stated he has completed both the basic and advanced training courses with respect to DUI's. Authority member Monaghan asked if Mr. Martinez had admitted to drinking at the VFW. Officer Preller replied that Mr. Martinez did not specifically admit to drinking at the VFW. Mrs. Christine Way, 821 East County Road 70, Wellington, Colorado, was sworn. On June 17, 1984, at approximately 7 p.m., Mrs. Way stated she observed Mr. Martinez enter the VFW. She stated that she had a conver- sation with Mr. Martinez and did not observe any slurred speech or blood- shot eyes. Mrs. Way stated she saw Mr. Martinez drink one drink. Mrs. Way -4- September 12, 1984 testified that the door handle was broken and that many people had problems with the door, as did Mr. Martinez. Mrs. Way stated that she knows Mr. Cienfuegos and stated that she thought he had hard feelings when he was not re-elected to Quarter Master. She testified that she has seen the bartenders at the VFW cut people off when someone had had too much to drink. Authority member Monaghan questioned what type of drink Mr. Martinez was drinking. Mrs. Way stated she thought he was probably drinking bourbon. Mr. Lee Payton, 1700 Laporte Avenue, was sworn. On June 17, 1984, he stated he arrived at the VFW at approximately 4:00 p.m. He stated he observed Mr. Martinez enter the VFW about 7:30 p.m. In his conversation with Mr. Martinez, Mr. Payton stated that Mr. Martinez did not slur his speech and that he looked and acted sober. Mr. Payton testified that Mr. Martinez had only one drink. At the time, Mr. Martinez left the establish- ment, Mr. Payton stated he did observe Mr. Martinez fumbling with the door because the door handle was broken. Mr. Payton stated he is also ac- quainted with Mr. Cienfuegos but added that he did not feel Mr. Cienfuegos would cause any problems for the VFW. Mr. Edward Witt, 401 North Summitview, Fort Collins, Colorado, was sworn. Mr. Witt stated he was the bartender on duty the evening of June 17, 1984, at the VFW. Mr. Witt stated he is acquainted with Mr. Martinez. He added that Mr. Martinez did not appear intoxicated to him that evening. Since it was Father's Day, Mr. Witt stated he gave Mr. Martinez the drink at no charge. Mr. Witt stated at the time Mr. Martinez left the VFW, he had difficulty with the door because the handle was broken. Authority member Monaghan asked what type of drink he served Mr. Martinez. Mr. Witt replied that it was vodka and water. Mr. Witt stated that he has refused service to patrons when they have had too much to drink. Authority member Monaghan made a motion, seconded by Authority member Acott, to determine that a violation did occur on June 17, 1984, at the VFW. Yeas: Acott, Long, Monaghan, Sheahan, Veazie and Wilson. Nays: Bujack. Assistant City Attorney Ken Frazier stated the Police Department is recom- mending a one -day suspension. Authority member Monaghan stated that since the state law states that .15 is subject to a DUI conviction, someone at .350 is a menace on the road. He added that he cannot believe that no one recognized signs that Mr. Martinez was intoxicated at a .350. He added that any bartender should be capable of detecting signs of intoxication at any level. Mr. Monaghan stated he feels a violation has occurred on the basis that the bartender testified to serving Mr. Martinez an alcoholic drink. i -5- September 12, 1984 Authority member Monaghan made a motion, seconded by Authority member Long, to levy a two-day suspension to be served on two consecutive business days within the next 30 days at the convenience of the owner and that the premises be posted. Authority member Acott stated she feels the violation is very serious and that a 3-day suspension would be more in line. Authority member Bujack stated that enough doubt is left in his mind since there is no way to know what Mr. Martinez may have consumed after leaving the VFW. Authority member Wilson stated she feels that signs of intoxication should have been noticeable. However, she stated that conflicting testimony has been given from the witnesses and that a one -day suspension would be appropriate. The vote on Authority member Monaghan's motion was as follows: Yeas: Acott, Long, Monaghan, Veazie. Nays: Bujack, Sheahan and Wilson. The motion carried. Special Events Permit American Legion Alonzo Martinez Post 187 - October 13. 1984 - Liouor Mr. Phil Martinez, representative for Post 187, stated the event is an annual fund raiser which will consist of a dance at the Holy Family Church. He stated their facility is too small for the event so that is the reason it is being held at the Church. It was noted that Mr. Martinez is familiar with the events held in the past. Mr. Martinez stated police officers will be available should any problems arise. Authority member Monaghan made a motion, seconded by Authority member Sheahan, to approve the special events permit on October 13, 1984, from 8 p.m. to 1 a.m. (October 14, 1984). Yeas: Acott, Bujack, Long, Monaghan, Sheahan, Veazie and Wilson. Nays: None. Transfer of Ownership for Fast Lane, 200 West Horsetooth Road No one was present to represent the applicant. -6- September 12, 1984 Due to the fact that the Authority had received a very complete report from the Police Department, Authority member Monaghan made a motion, seconded by Authority member Long, to approve the transfer of ownership for Fast Lane, 200 West Horsetooth Road. Yeas: Acott, Bujack, Long, Monaghan, Sheahan, Veazie and Wilson. Nays: None. The Authority requested that someone be present at next month's hearing. New Application for a Hotel -Restaurant License Cafe Francais, No. 11 Old Town Square, Suite 100 Authority member Long made a motion, seconded by Authority member Bujack, to accept the new application and set the preliminary hearing for October 10, 1984, and the final hearing for November 7, 1984. Yeas: Acott, Bujack, Long, Monaghan, Sheahan, Veazie and Wilson. Nays: None. New Application for a Hotel -Restaurant License, Nicky's, No. 21 Old Town Square, Suite 100 Authority member Long made a motion, seconded by Authority member Bujack, to accept the new application and set the preliminary hearing for October 10, 1984, and the final hearing for November 7, 1984. Yeas: Acott, Bujack, Long, Monaghan, Sheahan, Veazie and Wilson. Nays: None. Mr. Tim Down, attorney representing Nicky's, requested that the boundaries be expanded to include the entire City limits for the applications of Nicky's and Cafe Francais. New Application for a Tavern License, Gadsby, 115 East Harmony Road Authority member Long made a motion, seconded by Authority member Bujack, to accept the new application and set the preliminary hearing for October 10, 1984, and the final hearing for November 7, 1984. Yeas: Acott, Bujack, Long, Monaghan, Sheahan, Veazie and Wilson. Nays: None. Preliminary Hearing and Preliminary Resolution for a Hotel -Restaurant License, Fort Collins Club Lounge, 1307 East Prospect The boundaries as proposed by the Administration were as follows: -7- North from the subject premises to Mulberry extended West from the subject premises to Stover Street. South from the subject premises to Drake Road. East from the subject premises to City limits, East Point Drive. September 12, 1984 east to Riverside. Prospect and Sharp Mr. Patrick O'Mara, owner, stated the boundaries are acceptable. Authority member Long made a motion, seconded by Authority member Bujack, to accept the boundaries as proposed for the Fort Collins Club Lounge, 1307 East Prospect Road. Yeas: Acott, Bujack, Long, Monaghan, Sheahan, 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 Bujack, to adopt the preliminary resolution as presented. Yeas: Acott, Bujack, Long, Monaghan, Sheahan, Veazie and Wilson. Nays: None. Final Hearing for a 3.2% Fermented Malt Beverage License for Duds n' Suds, 1427 West Elizabeth The hearing was tabled by staff since the Colorado Bureau of Investigations report had not been received. Authority member Bujack made a motion, seconded by Authority member Long, to table the final hearing to October 10, 1984. Yeas: Acott, Bujack, Long, Monaghan, Sheahan, Veazie and Wilson. Nays: None. Final Hearing for a 3.2% Fermented Malt Beverage License. Class B. 7-Eleven. 4543 Boardwalk Mr. Bob Mathews, attorney representing the applicant, called Scott Melby, manager of 7-Eleven. Mr. Scott Melby, general manager, was sworn. Mr. Melby stated he has previously managed stores prior to opening this store on July 1, 1984. Mr. Melby spoke of his primary responsibilities as manager with respect to selling beer. Mr. Melby stated it is 7-Eleven's policy to card anyone who looks 25 years or younger. He noted that any employee violating the beer laws is terminated. Mr. Melby stated he has never received a beer viola- tion while in a management position. Mr. Melby also spoke of the store's -8- September 12, 1984 training procedures. Applicants Exhibit 1 was submitted and identified as written policies of the store with respect to beer sales which each and every employee has to read and sign. Applicant's Exhibit 2 was submitted and identified as a statement by Mr. Melby which states no one he peti- tioned was forced to sign a petition in favor of the beer license. Mr. Melby noted this is a new development area, growing rapidly, and added that he feels there is a need in the neighborhood for the beer license. Mr. Shawn Carey, 4501 Boardwalk Drive, J-3, Fort Collins, Colorado, was sworn and stated he is a resident of the neighborhood area. Mr. Carey stated he feels it would be a convenience to have the license granted at 7-Eleven. In addition, he stated he feels there is a need in the neighbor- hood for the license. Ms. Christine Benson, 300 East Harmony, Fort Collins, Colorado was sworn and stated she is a resident of the neighborhood area. Ms. Benson stated she feels there is a need in the neighborhood for the license. Mr. Max Scott, 2902 5th, Boulder, was sworn and stated he is the President of Oedipus, Inc. Mr. Scott explained the results of his petition survey. Applicant's Exhibit 3 was submitted and identified as the summary report of the survey. Applicant's Exhibit 4 was submitted and identified as four packets of petitions. Based on'needs and desires, Mr. Scott stated 81% of the neighborhood signed in favor of the license. He added that this is a very good statistic for a 3.2% off -premise license. Authority member Monaghan made a motion, seconded by Authority member Bujack, to grant the license for 7-Eleven, 4543 Boardwalk. Yeas: Acott, Bujack, Long, Monaghan, Sheahan, Veazie and Wilson. Nays: None. Final Hearing and Final Resolution for a Hotel -Restaurant License, Chows Garden, #23 Old Town Square. Suite 100. Mr. Gene Mitchell, general partner of Old Town Associates, was sworn and spoke of the redevelopment currently under way in Old Town. Mr. Mitchell noted that other restaurant owners in the Old Town area favor approval of the license for Chows Garden. Mr. Gene Miller, project administrator for the Old Town project, was sworn. Mr. Miller explained the petitioning survey and how it was con- ducted. Mr. Miller stated the overall reaction from people was very favorable. 0 -9- September 12, 1984 Mr. George Chow, owner, was sworn. Mr. Chow stated the overall response of those contacted to sign a petition was very favorable. A total of 507 signatures were received. Mr. Chow noted that he has held a previous liquor license for 5 years and has never had a violation. Mr. Chow noted that his son, Edward Chow, will be manager of the restaurant. He stated Edward was familiar with the liquor laws. Mr. Chow then spoke of the menu and the decor of his proposed restaurant. Authority member Bujack made a motion, seconded by Authority member Mon- aghan, to approve the license for Chow's Garden, No. 23 Old Town Square, Suite 100. Yeas: Acott, Bujack, Long, Monaghan, Sheahan, Veazie and Wilson. Nays: None. Authority member Long made a motion, seconded by Authority member Bujack, to adopt the Resolution as presented: Yeas: Acott, Bujack, Long, Monaghan, Sheahan Veazie and Wilson. Nays: None. Final Hearing and Final Resolution for a Hotel -Restaurant License, Senor Tomas Mexican Restaurante, 2900 Harvard Mrs. Elizabeth Robinson, owner, was sworn. Mrs. Robinson stated she has familiarized herself with the liquor laws. In addition, she stated she had attended an alcohol awareness program. She stated she will be responsible for training her employees on the liquor laws. Mrs. Robinson submitted petitions which were circulated on behalf of the application. She stated the responses were all very favorable. A total of 450 signatures were obtained. Mrs. Robinson stated she decided to apply for the license due to several customer requests. The floor plan consists of approximately 75-80 seats. Mrs. Robinson noted that there will be a service bar only. She stressed that liquor is intended to compliment meals and to be served with meals only. Authority member Acott made a motion, seconded by Authority member Veazie, to approve the license for Senor Tomas Mexican Restaurante, 2900 Harvard. Yeas: Acott, Bujack, Long, Monaghan, Sheahan, Veazie and Wilson. Nays: None. Authority member Long made a motion, seconded by Authority member Bujack, to adopt the Resolution as presented. Yeas: Acott, Bujack, Long, Monaghan, Sheahan, Veazie and Wilson. Nays: None. Registration of Manager Round the Corner, 101 West Swallow Road Ms. Kathy Sears, general manager, was sworn and spoke of the establish- ment's policies and procedures. She stated it is policy to card anyone -10- September 12, 1984 who looks 30 years or younger. She stated she is responsible for training employees. Ms. Sears stated she has obtained a Colorado Liquor Code which she intends to study. Officer Frank Russell stated a favorable report was received from the Colorado Bureau of Investigations on Ms. Sears. Authority member Monaghan made a motion, seconded by Authority member Acott, to approve the manager registration for Kathy Sears at Round the Corner, 101 West Swallow. Yeas: Acott, Bujack, Long, Monaghan, Sheahan, Veazie and Wilson. Nays: None. Police Report Officer Frank Russell requested a show/cause hearing for a violation occurring on August 16, 1984, at the Electric Stampede, 242 Linden. Authority member Bujack made a motion, seconded by Authority member Acott, to determine that there is probable cause and scheduled a show/cause hearing for October 10, 1984. Yeas: Acott, Bujack, Long, Monaghan, Shea- han, Veazie and Wilson. Nays: None. Officer Frank Russell requested two separate show/cause hearings for violations occurring on August 31, 1984, at the Fort Ram, 450 Linden Center Drive. Authority member Long made a motion, seconded by Authority member Bujack, to determine that there is probable cause and scheduled two separate show/cause hearings for October 10, 1984. Yeas: Acott, Bujack, Long, Monaghan, Sheahan, Veazie and Wilson. Nays: None. Adjournment Authority member Bujack made a motion, seconded by Authority member Acott, to adjourn. The Chairperson put the motion which was unanimously adopted. The meeting was adjourned at approximately 11:30 p.m. 2 ML�' Chairperson/ Secretary