Loading...
HomeMy WebLinkAboutLiquor Licensing Authority - Minutes - 08/15/1984LIQUOR LICENSING AUTHORITY Regular Meeting - August 15, 1984 7:30 p.m. A regular meeting of the Liquor Licensing Authority was held on Wednesday, August 15, 1984 in the Council Chambers of the City of Fort Collins Muni- cipal Building. Roll call was answered by the following members: Acott, Bujack, Long, Monaghan, Veazie and Wilson. Authority Members Absent: Sheahan Staff Members Present: Wanda Krajicek, City Clerk Paul Eckman, Assistant City Attorney Frank Russell, Police Department Minutes of the Regular Meeting of July 18, 1984, Approved as Published Authority member Long made a motion, seconded by Authority member Bujack, to approve the minutes of the regular meeting of July 18, 1984 as pub- lished. Yeas: Acott, Bujack, Long, Veazie and Wilson. Nays: None. Abstain: Monaghan. Show/Cause Hearing VFW, 603 Lesser Drive, Tabled to September 12 Authority member Long made a motion, seconded by Authority member Bujack, to table the show/cause hearing for VFW, 603 Lesser Drive to September 12 at the request of the licensee. Yeas: Acott, Bujack, Long, Monaghan, Veazie and Wilson. Nays: None. Show/Cause Hearing Spring Creek Liquor, 1005 W. Stuart, Tabled to September 12 Authority member Long made a motion, seconded by Authority member Bujack, to table the show/cause hearing for Spring Creek Liquor, 1005 W. Stuart, to September 12 at the request of the licensee. Yeas: Acott, Bujack, Long, Monaghan, Veazie and Wilson. Nays: None. -2- August 15, 1984 Show/Cause Hearing South College Liquor, 2724 S. College Tabled to October 10 Authority member Bujack made a motion, seconded by Authority member Long, to table the show/cause hearing for South College Liquor, 2724 S. College, to October 10 at the request of the Police Department. Yeas: Acott, Bujack, Long, Monaghan, Veazie and Wilson. Nays: None. Show/Cause Hearing Ace Liquor, 238 E. Mountain, Letter of Reprimand Ordered Paul Eckman, Assistant City Attorney, described the circumstances of the alleged violation noting that on June 26, 1984 an employee of Ace Liquors, Soo -Chang Jang sold beer to Cadet Officer Craig Dodd who was under the age of 21. He noted that attorney Steve Francis, representing the licensee, had agreed to stipulate as to the facts of the violation. He added Detective Russell was recommending a one -day suspension of the license. Steve Francis elaborated on the agreement to stipulate and debated whether the conduct of the Cadet Officer constituted entrapment and whether there actually was a violation. Authority Member Monaghan made a motion, seconded by Authority member Veazie, that a violation did occur on June 26, 1984 at Ace Liquors, 238 East Mountain. Steve Francis pointed out that Section 18-1-709, C.R.S., defines the defense to any criminal charge. He stated the basis is if the police, through their conduct induce a person to commit an act which he would not ordinarily have done, that constitutes entrapment. He felt Cadet Officer Dodd went beyond legal bounds in that he lied about his circumstances with regard to his I.D. He felt the cadet's conduct was in violation of the entrapment statute. Mr. Francis stated Mr. Jang is a law-abiding citizen and is fully aware of the liquor laws. He indicated he felt Mr. Jang did not violate the statute under which he was charged (Section 12-47-128). Mr. Francis asked, if the Authority determined a violation did occur, that they consider the conduct of the Cadet Officer and the good record of Mr. Jang and either direct no punishment or a letter of reprimand. -3- August 15, 1984 Paul Eckman, Assistant City Attorney, noted entrapment was an old but not very successful defense to criminal charges that dated back to the days of prohibition. He stated the entrapment defense was not applicable to administrative proceedings and cited case law depicting similar cases not determined to be entrapment. He stated he did not believe this action constituted entrapment. Mr. Francis again asked the Authority to take the conduct of the Cadet Officer into consideration. Paul Eckman stated there was no duress or compulsion on the part of the Cadet Officer against Mr. Jang to force him to commit an offense against his license. He again stated the entrapment defense was not applicable. The vote on Authority member Monaghan's motion that a violation did occur was as follows: Yeas: Acott, Bujack, Long, Monaghan, Veazie, and Wilson. Nays: None. Authority member Long asked if there had been a violation at this estab- lishment while under the management agreement during the transfer of ownership process. Detective Russell replied had been found not to be given to all cadets prior cadets are told they may on their person. He noted if false or fraudulent ID in these situations. that the incident concerning Mr. Jang's wife a violation. He described the instructions to compliance checks of this type and noted use a story to indicate why they have no ID that state statute held the licensee blameless is presented and noted no ID is ever presented Authority member Monaghan made a motion, seconded by Authority member Veazie, to direct the Assistant City Attorney to write a letter of repri- mand to the owners of Ace Liquors, 238 E. Mountain. Authority member Acott noted she would favor a one -day suspension but was persuaded to go with the letter of reprimand because of Officer Krenning's letter citing the cooperation and assistance of the licensee during an assault incident occurring March 31 at Ace Liquors. Authority member Bujack agreed with Authority member Acott's comments. Authority member Wilson felt a letter of reprimand was appropriate based on Mr. Jang's refusal at first to sell to the Cadet Officer. Authority member Long felt Mr. Jang should have insisted on ID being presented and pointed out any young person could fabricate a story similar to that of Cadet Officer Dodd. -4- August 15, 1984 The vote on Authority member Monaghan's motion to direct the City Attorney to write a letter of reprimand was as follows: Yeas: Acott, Bujack, Monaghan, Veazie and Wilson. Nays: Long. Show/Cause Hearing The Bottle Broker, 111 W. Monroe, One -Day Suspension Ordered Assistant City Attorney Paul Eckman noted there had been a stipulation as to the facts relating to the incident occurring June 26, 1984 at The Bottle Broker. He stated an employee, Le Anne Mason, sold beer to Police Scout Mark Lantry and noted Lantry was under the age of 21. He stated the Police Department recommendation is for a one -day suspension of the license. Tim Dow, attorney representing the licensee, spoke in mitigation and noted the good record of the licensee. He detailed the facts of the incident and stated the licensee was taking steps to insure future compliance with the liquor laws by instructing all employees on store policies that will prevent another such incident. Dow cited the economic impact of a one -day suspension and noted it would mean a great loss of revenue and wages. He stated a mistake had been made, noted there was full attention being made to insure future compliance, and asked the Authority to consider a letter of reprimand. Le Anne Mason, 1625 W. Elizabeth, L-2, was sworn before testifying about the training given to her at the time of hiring. She noted she had been assisting a handicapped customer and had not asked the Scout for ID because he had been waiting some time. She stated she thought Lantry was a regular customer and noted that although other employees were in the back of the store, she was alone out front and had the responsibility of running the register and assisting all customers. Eloy "Corky" Ortega, 1852 17th Avenue, Greeley, store owner spoke of the remedial measures taken since the incident. He spoke of his employee training sessions and noted he was fully aware of his liability as a license -holder. He felt a one -day suspension would cause severe hardship. Ortega stated Le Anne Mason was one of his principal clerks and that no punishment was given to her as a result of this incident. He felt it was an isolated case of poor judgement and noted it had made the other em- ployees more aware of the penalties for not checking ID's. -5- August 15, 1984 Authority member Long asked if Mark Lantry would step to the podium and then asked Mr. Lantry how he was dressed on the day of the incident. Detective Russell presented a photo showing Mr. Lantry on June 26, 1984, the day of the incident. Mark Lantry, 2522 Tulane Drive, was sworn and noted he was 19 years of age. Authority member Acott stated she felt poor judgement was not an excuse and that a letter of reprimand tells the licensee what he already should know. Authority member Acott made a motion, seconded by Authority member Mon- aghan, to order a one -day suspension to be served on a business day, within the next 30 days, at the convenience of the licensee and to direct the premises be posted. Yeas: Acott, Bujack, Long, Monaghan, Veazie and Wilson. Nays: None. Show/Cause Hearing North College Liquors, 814 N. College, One -Day Suspension Ordered Authority member Long asked that the record show he did not participate in the discussion or vote on this item. Assistant City Attorney Paul Eckman noted the licensee had agreed to a stipulation as to the facts of the incident. He stated that on June 26, 1984, Patricia Delaney had sold beer to Cadet Officer Craig Dodd who was under the age of 21. Authority member Bujack made a motion, seconded by Authority member Veazie, that a violation did occur. Yeas: Acott, Bujack, Monaghan, Veazie and Wilson. Nays: None. Long withdrawn. Patricia Delaney, 621 Greenfield Court, was sworn and spoke of the exten- sive training she had given her employees. She stated she had no excuse for selling to a minor and asked for a letter of reprimand because of her short time in operation. Authority member Bujack noted the short time in business concerned him and stressed the importance of following her own training procedures. Authority member Bujack made a motion, seconded by Authority member Acott, to order a one -day suspension to be served on a business day, within the next 30 days, at the convenience of the licensee and to direct the premises be posted. Yeas: Acott, Bujack, Monaghan, Veazie and Wilson. Nays: None. Long withdrawn. -6- August 15, 1984 Show/Cause Hearing Park Central Discount Liquors, 1045 Garfield, Tabled to October 10 Bill Darrow, attorney representing Park Central Discount Liquors, requested the show/cause hearing be tabled to October 10, 1984. He stated he had just learned of the hearing the day before and noted the confusion had resulted because of the change of location of the store and because of the notification being routed to the corporation's Denver attorney rather than local counsel. Authority member Bujack noted he was not in favor of tabling the hearing. Authority member Veazie made a motion, seconded by Authority member Long, to table the show/cause hearing to October 10. Yeas: Acott, Long, Mon- aghan, Veazie and Wilson. Nays: Bujack. Special Events Permit, 3.2% Fort Collins Jaycees - September 20, 21, 22, 1984, Permit Denied Scott Lewis, 2537 Bozeman, events manager, spoke of the Jaycee's intent to modify their plan based on Detective Russell's concerns. He stated the new plans were designed to avoid conflict with patrons of the Library. He spoke of the added security, the sanitary arrangements for the event and noted there would be a 4' fence separating the Library from the beer garden. He outlined the goals of the event and detailed the manpower assignments. He noted the Jaycees had been approached by the Campus West Merchants Association and had decided to sponsor the event. Detective Russell noted the new plan was much improved and would normally be recommended for approval with the exception of concerns over lighting. He stated it was still a poor location for this type event and noted the Police Department's recommendation would now be for approval with concern about the location. Roger Burton, Campus West Merchants Association, owner of Sport About, noted his organization had approached the Jaycees to put on this event in connection with a street dance. He detailed the plans for parking since the event will occupy a portion of the parking lot (approximately 20 spaces). He stated the beer garden area would be fenced off from the adjacent stores and that security personnel would be present at intervals. He described the lighting present and noted the beer was to be sold in cans to provide distinction and control between this event and the Library. Cans will also provide easier clean up and can be recycled. -7- August 15, 1984 Scott Lewis asked for a chance to do the event and noted they hoped to have the event next year based on this year's record. Authority member Wilson noted there had already been complaints about noise from the Library. She did not see the event as a Jaycee fund-raiser and noted it appeared as a brokerage of non-profit status. She felt the Campus West Merchants Association was making the decisions instead of the Jaycees, that the event was not thought all the way through, and that the location was poor. Authority member Acott felt the event was not well -planned and the planning was being done too late. Authority member Monaghan felt the event was ill-advised at that location. Authority member Monaghan made a motion, seconded by Authority member Long, to deny the application for a Special Events Permit for the Fort Collins Jaycees on September 20, 21, 22, 1984. Yeas: Acott, Bujack, Long, Monaghan, and Wilson. Nays: Veazie. Transfer of Ownership for Smith's Spudworks, 626 South College, Approved Authority member Wilson asked the record to show she did not participate in the discussion or vote on this item. Authority member Long chaired this portion of the meeting. Kathryn Teumer, 14 Forest Hills Lane, gave background information on the transfer, noting she would be responsible for operating the business. She noted her son had recently graduated from CSU in food management and that she hoped he would assume the business in some years. Detective Russell noted the Colorado Bureau of Investigations report had been received on this application and all others being considered at the meeting and that they were all clear. Teumer noted the former owner, Ron Daggett, had given a complete training session to her and the current employees who were also employees of Mr. Daggett. Authority member Monaghan made a motion, seconded by Authority member Acott, to approve the transfer of the Beer and Wine License from Ronald and Jeannette Daggett, dba the Spudworks, 626 South College, to Kenneth and Kathryn Teumer. Yeas: Acott, Bujack, Long, Monaghan, and Veazie. Nays: None. Wilson withdrawn. -8- August 15, 1984 Transfer of Ownership for Upper Crust, 802 South College and 2601 South Lemay, Approved Bill Randall, 3501 South Stover, 13-291, representing the Upper Crust (both locations) noted he was the manager of the South College store and noted there would be no change in the management of either store as a result of the transfer of ownership. Authority member Monaghan made a motion, seconded by Authority member Bujack, to approve the transfer of ownership from Upper Crust, Inc., 802 South.College and 2601 South Leman, to Upper Crust Restaurants, Inc. Yeas: Acott, Bujack, Long, Monaghan, Veazie and Wilson. Nays: None. New Application (3.2% - Class A) for Duds 'N Suds, 1427 W. Elizabeth, Application Accepted and Boundaries Set Marty Tjelmeland, 8060 Niwot Road, Longmont, representing Duds 'N Suds, noted the building was currently under construction and that the boundaries as presented were acceptable to him. Authority member Long made a motion, seconded by Authority member Monaghan, to accept the application, set the final hearing date for September 12 and to approve the boundaries as recommended by the administration. Yeas: Acott, Bujack, Long, Monaghan, Veazie and Wilson. Nays: None. The boundaries as recorded were as follows: North from the subject premises to Mulberry Street. West from the subject premises to Taft Hill Road. South from the subject premises to Prospect Street. East from the subject premises to Shields Street. New Application (Tavern) for Fort Collins Club Lounge, 1307 E. Prospect, Application Accepted and Hearing Dates Set Authority member Long made a motion, seconded by Authority member Bujack, to accept the application for a Tavern license for Fort Collins Club Lounge, 1307 E. Prospect and to set the preliminary hearing date for September 12 and the final hearing date for October 10. Yeas: Acott, Bujack, Long, Monaghan, Veazie and Wilson. Nays: None. -9- August 15, 1984 Preliminary Hearing and Preliminary Resolution for a Hotel -Restaurant License, Chows Garden, #23 Old Town Square, Suite 100, Resolution Adopted and Boundaries Set Gene Mitchell, Old Town Square Developer, noted this application was the first of 5 new liquor licenses proposed for Old Town Square. He requested the boundaries for this application and future Old Town Square applications be designated as the entire City limits. He spoke of the project and noted its uniqueness, noting the area of interest goes beyond the immediate area in the case of this project. Assistant City Attorney Paul Eckman noted he had no legal or practical objection to Mr. Mitchell's request. Applicant George Chow noted he was in agreement with Mr. Mitchell's re- quest. Authority member Bujack made a motion, seconded by Authority member Long, that the boundaries for the Hotel -Restaurant application submitted by George and Edward Chow, dba Chows Garden, be designated as the entire City limits. Yeas: Acott, Bujack, Long, Monaghan, Veazie and Wilson. Nays: None. Assistant City Attorney Paul Eckman read language amending the Resolution setting forth findings on the preliminary hearing and designating the boundaries of the neighborhood to be served as the entire City limits. Authority member Long made a motion, seconded by Authority member Bujack, to adopt the preliminary Resolution as amended. Yeas: Acott, Bujack, Long, Monaghan, Veazie and Wilson. Nays: None. Preliminary Hearing and Preliminary Resolution for a Hotel -Restaurant License, Senor Tomas Mexican Restaurante, 2900 Harvard Resolution Adopted and Boundaries Set Elizabeth J. Robinson, 601 Powderhorn, owner of the establishment, stated the boundaries as proposed were acceptable to her. Authority member Long made a motion, seconded by Authority member Bujack, to adopt the preliminary Resolution as presented. Yeas: Acott, Bujack, Long, Monaghan, Veazie and Wilson. Nays: None. -10- August 15, 1984 The boundaries recommended by the administration were as follows: North from the subject premises to Prospect Road. West from the subject premises to Shields Street. South from the subject premises to Horsetooth Road. East from the subject premises to Lemay Avenue. Final Hearing and Final Resolution for a Hotel -Restaurant License, The House of Yakitori, 151 South College, Granted and Resolution Adopted Brad March, attorney representing Roots and Wings, Inc., dba House of Yakitori, spoke of the exhibits to be presented. Assistant City Attorney Paul Eckman noted he had examined the exhibits and that they were acceptable and might be given any weight the Authority desired. Marianne Driscoll, 86 Saddle Mountain Road, Colorado Springs, gave back- ground information on her education and work experience and noted House of Yakitori was a franchise operation. She spoke of the intensive 6-week training program provided by the franchise grantor. She spoke of the corporate structure and noted there would be an outside manager after the first 2 months of operation. She noted the restaurant would be located in the Classic Building and leased from Dixon, Inc. Mr. March presented applicants exhibit 2, which was an information packet on the House of Yakitori, and included a site plan and a floor plan. Ms. Driscoll noted the seating capacity of the lounge was 24 and the downstairs area was 56. She noted she would manage the restaurant until she was comfortable with the operation of the business. She spoke of her knowledge of the liquor statutes and described the training procedures to be used for employees at the restaurant. She estimated the restaurant would open October 1-15. Mr. March presented a petition expressing support for the restaurant con- taining approximately 443 signatures and marked as Applicants Exhibit 1. Applicants Exhibit 3 was three letters of support from downtown res- taurant owners. Authority member Bujack made a motion, seconded by Authority member Acott, to grant the Hotel -Restaurant license for Roots and Wings, dba House of Yakitori, 151 South College Avenue. Yeas: Acott, Bujack, Long, Monaghan, Veazie and Wilson. Nays: None. August 15, 1984 Authority member Long made a motion, seconded by Authority member Bujack, to approve the Final Resolution as presented. Yeas: Acott, Bujack, Long, Monaghan, Veazie and Wilson. Nays: None. Change of Trade Name for Pasta Plus, 149 North College to Panache!. Approved Authority member Bujack made a motion, seconded by Authority member Acott, to approve the change of trade name for Pasta Plus, 149 North College to Panache! Yeas: Acott, Bujack, Long, Monaghan, Veazie and Wilson. Nays: None. Police Report Detective Russell introduced Detective Mike Dolan who will be sharing the liquor enforcement duties as a part of the possible reassignment to patrol of Detective Russell. He noted the exact date of the change was uncertain. Authority member Wilson stated the Authority had been pleased with the work of Detective Russell and directed staff to draft a memo to Police Chief Bruce Glasscock expressing the Boards desire that Detective Russell be retained in his current assignment. Adjournment Authority member Bujack made a motion, seconded by Authority member Acott, to adjourn the meeting. Yeas: Acott, Bujack, Long, Monaghan, Veazie and Wilson. Nays: None. The meeting was adjourned at 10:45 p.m. airperson becretary