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HomeMy WebLinkAboutLiquor Licensing Authority - Minutes - 07/18/19840 i LIQUOR LICENSING AUTHORITY Regular Meeting - July 18, 1984 7:00 p.m. A regular meeting of the Liquor Licensing Authority was held on Wednesday, July 18, 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, Sheahan, and Wilson. Authority Members Absent: Monaghan and Veazie. Staff Members Present: Debbie Caster, City Clerk's Office Paul Eckman, City Attorney's Office Staff Members Absent: Frank Russell, Police Department Minutes of the Regular Meeting of June 20, 1984, Approved as Published Authority member Bujack made a motion, seconded by Authority member Sheahan, to approve the minutes of the regular meeting of June 20, 1984 as published. Yeas: Acott, Bujack, Sheahan and Wilson. Nays: None. Abstain: Long. Show/Cause Hearing The Town Pump, 124 North College Avenue Assistant City Attorney Paul Eckman stated that on May 4, 1984, at approx- imately 12:06 a.m. Officer Troy Krenning observed after hours consumption at The Town Pump, 124 North College Avenue. Officer Troy Krenning was sworn and stated he is an officer with the Fort Collins Police Department. Officer Krenning explained that on May 4 he was on routine patrol in the downtown district. At approximately 12:05 a.m., he stated he observed lights on at the Town Pump. He noted that as he looked inside he could see people tipping glasses. Upon entering the establishment, Officer Krenning stated that the owner was engaged in playing a video game. At this time, Officer Krenning stated the owner took two Coors glasses of beer and dumped them behind the bar. He stated that other patrons were sitting at tables with beer glasses so he took a sample for evidence purposes. Officer Krenning reported that the analysis report from the Colorado Bureau of Investigations indicated the beer consisted of a 4.7% alcohol content. -2- July 18, 1984 Mr. Dennis Newlun was sworn and stated he is the owner. Mr. Newlun stated he was in the process of collecting all glasses when a patron asked him to play a video game. Mr. Newlun stated he announced closing time and said that patrons finished their drinks, although the glasses were still on the tables. Mr. Newlun testified that no beer was sold or consumed after the hour of midnight. In response to a question, Mr. Newlun stated the light- ing in the bar is quite good in the evening hours. During Mr. Newlun's cross-examination, Officer Krenning stated that he did not know the exact number of patrons in the bar at the time he entered. In addition, Officer Krenning stated no one drank any beverage while he was inside the establishment. Ms. Margie Schnackel was sworn and stated she entered the bar at 11:55 p.m. to offer the owner a ride home. Ms. Schnackel stated she heard Mr. Newlun announce last call. She also stated that no one drank anything after midnight. In response to a question by Authority member Long, Ms. Schnack- el stated she is a girlfriend of Mr. Newlun's. Authority member Acott reprimanded Mr. Newlun for not clearing the tables prior to closing time. Mr. Newlun admitted his negligence in not clearing the tables. He stated, however, that his normal procedure would be to clear away all alcohol prior to midnight. Assistant City Attorney Paul Eckman stated the Police Department is recom- mending a one -day suspension of the license. Authority member Sheahan stated he feels there is lack of evidence in order to prove the violation. Authority member Long stated he feels the police officer investigated the situation properly. Authority member Bujack stated he is not convinced from the officer's testimony that a violation occurred. Authority member Wilson stated the owner is taking a risk for not clearing the tables prior to closing time. Authority member Long made a motion, seconded by Authority member Acott, that a violation did occur at the Town Pump on May 4, 1984. Yeas: Acott, Long and Wilson. Nays: Bujack and Sheahan. Authority member Long made a motion, seconded by Authority member Sheahan, to issue a two-day suspension to be served in two consecutive days, within the next 30 days at the convenience of the owner and that the premises be posted. -3- Yeas: Long. Nays: Acott, Bujack, Long and Sheahan. The motion failed. Authority member Acott made a motion, seconded by Authority issue a one -day suspension to be served within the next convenience of the owner and that the premises be posted. Long. Nays: Bujack, Sheahan and Wilson. The motion failed. July 18, 1984 member Long, to 30 days at the Yeas: Acott, Authority member Bujack made a motion, seconded by Authority member Shea- han, to direct the City Attorney's Office to write a letter of concern (reprimand) to the owner of the Town Pump, 124 North College Avenue. Yeas: Bujack, Sheahan and Wilson. Nays: Acott and Long. Special Events Permit - Colorado Vocational Association August 2. 1984: Liquor Mr. Lloyd Lawson, events manager and Executive Director of the Colorado Vocational Association, stated this is the first year the Association will be having a banquet and liquor at the event. He explained that members of the Association will receive training and bartend at the event. He noted that a C.S.U. officer will be on duty. Authority member Acott made a motion, seconded by Authority member Bujack, to approve the special events permit for Colorado Vocational Association for August 2, 1984, from 9 p.m. to 12 midnight. Yeas: Acott, Bujack, Long, Sheahan and Wilson. Nays: None. Special Events Permit - Fort Collins Lions Foundation, Inc. September 15, 1984; Liquor Mr. Charles Unfug, representative for the Fort Collins Lions Foundation, stated they are holding a chili cook -off contest as a fund raiser on September 15, 1984. Mr. Unfug explained the location of the event at Drake Crossing Shopping Center. He noted that members of the foundation will be trained to be bartenders. He also stated that an off -duty police officer will be at the event. Mr. Unfug also mentioned that a 4-foot snow fence will be put up surrounding the event. Authority member Long made a motion, seconded by Authority member Bujack, to approve the special events permit for Fort Collins Lions Foundation, Inc., on September 15, 1984, from 8 a.m. to 8 p.m. Yeas: Acott, Bujack, Long, Sheahan and Wilson. Nays: None. -4- July 18, 1984 Modification of Premises Chesterfield, Bottomsley & Potts, 1415 West Elizabeth Mr. Scott Hudson, general manager, explained that they have expanded the kitchen, placed windows along the west wall, moved the entrance from the east side of the building to the west side, and have replaced the main bar with an island bar on the main level. He noted that the bar on the upper level has been replaced with office space. Mr. Hudson stated the business has been very successful for the last 9 years and wanted to upgrade the restaurant. He noted that they are expanding their food menu and placing less emphasis on liquor. Mr. Hudson stated there is no change in seating capacity. Authority member Acott made a motion, seconded by Authority member Long, to determine that there is not a substantial expansion and to approve the modification of premises for Chesterfield, Bottomsley and Potts, 1415 West Elizabeth. Yeas: Acott, Bujack, Long, Sheahan and Wilson. Nays: None. Transfer of Ownership for Grant's Farm Market, 622 North College Avenue Ms. Laurie Houghton, manager, explained that they have changed the store to a full -line grocery store with emphasis on the produce department from Grants Farm. She noted that the only change, other than ownership, is the entrance. Ms. Houghton spoke briefly of her background. Ms. Houghton stated she will familiarize herself more with the Colorado Beer laws. She stated she will be primarily responsible in training employees. She added that she has obtained a copy of the ID guide booklet. Authority member Bujack made a motion, seconded by Authority member Acott, to approve the transfer of ownership from Jeffrey Cason to Piedmont Farms, Inc., dba Grants Farm, 622 North College Avenue. Yeas: Acott, Bujack, Long, Sheahan, and Wilson. Nays: None. New Application for a Hotel -Restaurant License Chow's Garden, No. 23 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 August 15, 1984, and the final hearing for September 12, 1984. Yeas: Acott, Bujack, Long, Sheahan and Wilson. Nays: None. F . • -5- July 18, 1984 New Application for a Beer and Wine License for Senor TomAs Mexican RestaurantA, 2900 Harvard Authority member Long made a motion, seconded by Authority member Acott, to accept the new application and set the preliminary hearing for August 15, 1984, and the final hearing for September 12, 1984. Yeas: Acott, Bujack, Long, Sheahan and Wilson. Nays: None. Ms. Elizabeth Robinson, owner, indicated that they may change their appli- cation to a Hotel -Restaurant license. Preliminary Hearing and Preliminary Resolution for a Hotel -Restaurant License, The House of Yakitori, 151 South Colle a Avenue The boundaries as proposed by the Administration were as follows: North from the subject premises to Vine Drive West from the subject premises to Shields Street South from the subject premises to Pitkin Street East from the subject premises to Lemay Avenue Mr. Brad March, attorney representing the applicant, stated the boundaries are acceptable. Authority member Long made a motion, seconded by Authority member Bujack, to accept the boundaries as proposed for the House of Yakitori, 151 South College Avenue. Yeas: Acott, Bujack, Long, Sheahan and Wilson. Nays: None. The Resolution outlining the results of the preliminary hearing was read by title only. Authority member Long made a motion, to adopt the Preliminary Resolution Long, Sheahan and Wilson. Nays: None. seconded by Authority member Bujack, as presented. Yeas: Acott, Bujack, Final Hearing and Final Resolution for a Hotel -Restaurant License for Jocco's Italian Restaurant, 3500 South College Avenue The applicant withdrew the application. 10 Final Hearing and Final Resolution for a 3.2% Fermented Malt Beverage License for Fort Fun, 1221 West Elizabeth The applicant withdrew the application. Final Hearing and Final Resolution for a 3.2% Fermented Malt Beverage License for 7-Eleven, 4543 Boardwalk July 18, 1984 The applicant requested that the hearing be tabled to August 15, 1984. Authority member Bujack made a motion, seconded by Authority member Long, to table the final hearing to August 15, 1984. Yeas: Acott,, Bujack, Long, Sheahan, and Wilson. Nays: None. Final Hearing and Final Resolution for a 3.2% Fermented Malt Beverage License for Washin' Game, 1228 West Elizabeth The applicant requested the hearing be tabled to August 15, 1984. Authority member Bujack made a motion, seconded by Authority member Long, to table the final hearing to August 15, 1984. Yeas: Acott, Bujack, Long, Sheahan, and Wilson. Nays: None. Final Hearing and Final Resolution for a Hotel -Restaurant License for The Blue Bayou, 1045 Garfield Mr. Bill Clarke, part owner and president of the Blue Bayou, Inc., was sworn. Mr. Clarke submitted petitions circulated on behalf of the appli- cation. Assistant City Attorney Paul Eckman stated the petitions, marked as Applicants Exhibit 1, were admissible. Mr. Clarke stated approximately 1% of the people contacted opposed the liquor license. Overall, Mr. Clarke stated there was a very favorable response from the neighborhood for the license. Mr. Clarke spoke briefly of the operation and the menu. He stated he and his partner are familiar with the liquor laws and will both be responsible for training employees. Authority member Long made a motion, seconded by Authority member Bujack, to approve the Hotel -Restaurant license for the Blue Bayou, 1045 Garfield. Yeas: Acott, Bujack, Long, Sheahan and Wilson. Nays: None. -7- July 18, 1984 The Final Resolution was read by title only. Authority member Long made a motion, seconded by Authority member Bujack, to adopt the Resolution as presented. Yeas: Acott, Bujack, Long, Sheahan, and Wilson. Nays: None. Final Hearing and Final Resolution for a Tavern License for The Pub, 210 Linden Street Mr. Steve Ackerman, owner, was sworn. Mr. Ackerman submitted petitions which were circulated on behalf of the application. Assistant City Attor- ney Paul Eckman stated the petitions, marked as Applicant's Exhibit 1, were admissible. Mr. Ackerman stated he was not aware of anyone opposed to the license. Mr. Ackerman spoke briefly of his background. He stated he owned and operated Sam's Old Town Ballroom for several years. He added that he is quite familiar with the liquor laws. Mr. Ackerman went on to explain the operation of the bar and spoke of the lunch menu. He stated an outdoor deck may be added at a later date, at which time he will come back before the Authority for its approval. In response to a question by the Au- thority, Mr. Ackerman stated he foresees his clientele to be young profes- sionals. He noted that he plans to have no live entertainment at this time. He noted that his floor plan consists of approximately 80 people and the proposed patio will seat 40 people. Authority member Long made a motion, seconded by Authority member Bujack, to approve the Tavern License for the Pub, 210 Linden. Yeas: Acott, Bujack, Long, Sheahan and Wilson. Nays: None. The Final 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, Bujack, Long, Sheahan and Wilson. Nays: None. Final Hearing and Final Resolution for a Hotel -Restaurant License for Pelican Fish, 3512 South Mason Mr. Robert Walker, part owner, was sworn. Mr. Walker submitted petitions which were circulated on behalf of the application. Assistant City Attor- ney Paul Eckman stated the petitions, marked as Applicants Exhibit 1, were admissible. Mr. Walker stated he and his wife circulated the petitions. He noted that signatures were also received at the restaurant from customers. -8- July 18, 1984 Mr. Walker stated they received a very favorable response from the neigh- borhood. He went on to say that customers have requested a full liquor license and that is the reason they applied to upgrade their license. Mr. Walker stated there will be no other changes in operation. In response to a question by the Authority, Mr. Walker stated there have been no previous violations at Pelican Fish. Authority member Wilson commended Mr. Walker for their excellent record. Authority member Acott made a motion, seconded by Authority member Bujack, to approve the hotel -restaurant license for Pelican Fish,, 3512 South Mason. Yeas: Acott, Bujack, Long, Sheahan, and Wilson. Nays: None. The Final Resolution was read by title only. Authority member Bujack made a motion, seconded by Authority member Acott, to adopt the Resolution as presented. Yeas: Acott, Bujack, Long, Sheahan and Wilson. Nays: None. Final Hearing and Final Resolution for a Beer and Wine License for Whirly Ball Center, 216 West Horsetooth Road Mr. Gary Davis, general manager, was sworn and spoke briefly of his back- ground. He stated he was the manager of Applegates Landing for five years. He noted that they never had any violations. Mr. Davis explained that Whirly Ball is a game, similar to polo, played in electric cars. He stated the Center will also have pool tables, video games, snack bar and will serve beer and wine. Mr. Davis submitted petitions which he circu- lated on behalf of the application. Assistant City Attorney Paul Eckman noted that the petitions, marked as Applicants Exhibit 1, were admissible. Mr. Davis stated very few people were opposed to the license and that he received a very favorable response. He stated approximately 120 signatures were submitted. Mr. Davis stated that someone will be on the premises at all times to supervise. He also noted that ID's will be checked at the time beer or wine is purchased. Authority member Bujack made a motion, seconded by Authority member Long, to approve the beer and wine license for Whirly Ball Center, 216 West Horsetooth Road. Yeas: Acott, Bujack, Long, Sheahan and Wilson. Nays: None. The Final Resolution was read by title only. t 0 I= July 18, 1984 Authority member Long made a motion, seconded by Authority member Bujack, to adopt the Resolution as presented. Yeas: Acott, Bujack, Long, Sheahan and Wilson. Nays: None. Final Resolution for a 3.2% Fermented Malt Beverage License for The Oasis, 816 East Mulberry 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, Bujack, Long, Sheahan, and Wilson. Nays: None. Final Resolution for a Hotel -Restaurant License for The Polo Lounge, 328 Remington (Denied) It was noted that the title of the Resolution was for a Beer and Wine License and that it would be changed to reflect a Hotel -Restaurant License. Authority member Bujack made a motion, seconded by Authority member Acott, to adopt the Resolution as amended. Yeas: Acott, Bujack, Sheahan and Wilson. Nays: None. Abstain: Long. Police Report Secretary Debbie Caster requested a show/cause hearing for a violation occurring on June 18, 1984, at the VFW, 603 Lessor Drive. Authority member Long made a motion, seconded by Authority member Acott, to determine that there is probable cause and scheduled a show/cause hearing for August 15, 1984. Yeas: Acott, Bujack, Long, Sheahan, and Wilson. Nays: None. Secretary Debbie Caster stated another routine spot compliance check was conducted on June 26, 1984. She stated six establishments were checked and six violations were found. She requested show/cause hearings for the following: Ace Liquors, 238 East Mountain Avenue. North College Discount Liquors, 814 North College Avenue. Spring Creek Liquors, 1005 West Stuart. Park Central Discount Liquors, 1045 Garfield. South College Liquors, 2724 South College Avenue. The Bottle Broker, 111 West Monroe Drive. -10- July 18, 1984 Authority member Acott made a motion, seconded by Authority member Long, to determine that there is probable cause and scheduled a show/cause hearing on August 15, 1984 for each of the above establishments. Yeas: Acott, Bujack, Long, Sheahan, and Wilson. Nays: None. Adjournment Authority member Acott made a motion, seconded by Authority member Bujack, to adjourn. The Chairperson put the motion which was unanimously adopted. The meeting was adjourned at approximately 10:00 p.m. Secrete