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HomeMy WebLinkAboutLiquor Licensing Authority - Minutes - 06/20/1984LIQUOR LICENSING AUTHORITY Regular Meeting - June 20, 1984 7:30 P.M. A regular meeting of the Liquor Licensing Authority was held on Wednesday, June 20, 1984, in the Council Chambers of the City of Fort Collins Muni- cipal Building. Roll call was answered by the following members: Acott, Bujack, Monaghan, Sheahan, Veazie and Wilson. Authority members Absent: Long 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 May 23, 1984, Approved as Amended Authority member Veazie amended the vote pertaining to S.B. 112 under Other Business (page 10). Authority member Bujack made a motion, seconded by Authority member Mona- ghan, to approve the minutes of the regular meeting of May 23, 1984 as amended. Yeas: Acott, Bujack, Monaghan, Sheahan, and Wilson. Nays: None. Abstain: Veazie. Show/Cause Hearing The Town Pump, 124 North College Avenue The licensee submitted a request to table the hearing until July 18, 1984, due to a conflict which required him to be out of town on June 20, 1984. Authority member Monaghan made a motion, seconded by Authority member Bujack, to table the show/cause hearing for The Town Pump, 124 North College Avenue, to July 18, 1984. Yeas: Acott, Bujack, Monaghan, Sheahan, Veazie, and Wilson. Nays: None. Special Events Permit - Eyeopener's Kiwanis Club September 29, 1984. 3.2% Mr. Jack Gianola, representative for the Kiwanis Club, stated the Oktober- fest activities will be held September 29, 1984, at the Oak Street Plaza. He stated that this is the seventh annual event for Oktoberfest. Mr. Gianola explained that the event is the annual fund raiser for the Club. He noted that two off -duty police officers will be on hand at the event. -2- June 20, 1984 Authority member Acott made a motion, seconded by Authority member Sheahan, to approve the special events permit for Eyeopener's Kiwanis Club on September 29, 1984, from 8 a.m. to 10 p.m. Yeas: Acott, Bujack, Monaghan, Sheahan, Veazie, and Wilson. Nays: None. Special Events Permit - Fort Collins Chamber of Commerce July 22 ; 3.2% Mr. Dave Dunn, representative from the Fort Collins Chamber of Commerce, stated the Leadership Fort Collins Alumni Association will be sponsoring the Coors Classic on July 22 at the Oak Street Plaza. He noted that it is the second annual event. Mr. Dunn noted that the event was successful last year, and stated there were no problems. He explained that two off -duty police officers will be on hand at the event. Authority member Bujack made a motion, seconded by Authority member Veazie, to approve the special events permit for the Fort Collins Chamber of Commerce on July 22, 1984 from 10 a.m. to 5 p.m. Yeas: Acott, Bujack, Monaghan, Sheahan, Veazie, and Wilson. Nays: None. Transfer of Ownership for Laughing Dog Saloon, 3700 South Mason Mr. Jim Wilson, corporate secretary and treasurer, stated he and his wife are purchasing the business. It was noted that he will also be the general manager. Mr. Wilson stated there will be no changes other than in owner- ship. He spoke briefly of his policy with respect to training employees. He also noted that he will employ an assistant manager. Mrs. Jill Ackerman (Wilson), corporate president, stated she is responsible for overlooking the overall operation. It was noted that the fingerprints have been cleared through the CBI. Authority member Monaghan made a motion, seconded by Authority member Bujack, to approve the transfer of ownership for Penny -Wilson Enterprises, Ltd. dba Laughing Dog Saloon, 3700 South Mason. Yeas: Acott, Bujack, Monaghan, Sheahan, Veazie, and Wilson. Nays: None. New Application for a 3.2% Fermented Malt Beverage License Class B, for 7-Eleven, 4543 Boardwalk The boundaries as proposed by the Administration were as follows: -3- June 20, 1984 North from the subject premises to Monroe Drive extended west to Tradition. West from the subject premises to Startflower Drive north to Tradi- tion. South from the subject premises to Harmony Road. East from the subject premises to Stover extended south to Boardwalk Drive. Mr. Max Scott, representative for 7-Eleven, stated the boundaries are acceptable. Authority member Monaghan made a motion, seconded by Authority member Bujack, to accept the boundaries as proposed and set the final hearing for July 18, 1984. Yeas: Acott, Bujack, Monaghan, Sheahan, Veazie, and Wilson. Nays: None. New Application for a 3.2% Fermented Malt Beverage License, Class C, for Washin' Game, 1228 West Elizabeth, pD-3 The boundaries as proposed by the Administration 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 Road. East from the subject premises to Center Avenue to Isotope Drive to Oval Drive to Howes Street. Mr. Ron Stickle, owner, stated he had no objection to the boundaries, although they seemed large. Authority member Acott made a motion, seconded by Authority member Bujack, to accept the boundaries as proposed and set the final hearing for July 18, 1984. Yeas: Acott, Bujack, Monaghan, Sheahan, Veazie, and Wilson. Nays: None. New Application for a HotelRestaurant License for The House of Yakitori, 151 South College Avenue Authority member Monaghan made a motion, seconded by Authority member Bujack, to accept the new application and set the final hearing for August 15, 1984. Yeas: Acott, Bujack, Monaghan, Sheahan, Veazie, and Wilson. Nays: None. -4- June 20, 1984 Preliminary Hearing and Preliminary Resolution for a Hotel -Restaurant License, The Blue Bayou, 1045 East Garfield The boundaries as proposed by the Administration were as follows: North from the subject premises to Oak Street. West from the subject premises to College Avenue. South from the subject premises to Columbia Road extended to Kirkwood. East from the subject premises to the City limits and Timberline. Mr. Bill Clark, part owner, stated the boundaries are acceptable. Mr. Clark stated that since the last meeting he and his partner have decided to switch the license from a Tavern to a Hotel -Restaurant. Authority member Acott made a motion, seconded by Authority member Bujack, to accept the boundaries as proposed for The Blue Bayou, 1045 East Gar- field. Yeas: Acott, Bujack, Monaghan, Sheahan, Veazie, and Wilson. Nays: None. The Resolution outlining the results of the preliminary hearing was read by title only. Authority member Monaghan made a motion, seconded by Authority member Acott, to adopt the preliminary resolution as presented. Yeas: Acott, Bujack, Monaghan, Sheahan, Veazie, and Wilson. Nays: None. Preliminary Hearing and Preliminary Resolution for a Tavern License, The Pub. 210 Linden Street The boundaries as proposed by the Administraiton were as follows: North from the subject premises to Hickory Street extended to Conifer Street. West from the subject premises to Washington extended to Wood Street. South from the subject premises to Laurel Street. East from the subject premises to Lemay Avenue and City limits. Mr. Steve Ackerman, owner, stated the boundaries are acceptable. Authority member Acott made a motion, seconded by Authority member Veazie, to accept the boundaries as proposed for The Pub, 210 Linden Street. Yeas: Acott, Bujack, Monaghan, Sheahan, Veazie, and Wilson. Nays: None. -5- June 20, 1984 The Resolution outlining the results of the preliminary hearing was read by title only. Authority member Veazie made a motion, seconded by Authority member Bujack, to adopt the preliminary resolution as presented. Yeas: Acott, Bujack, Monaghan, Sheahan, Veazie, and Wilson. Nays: None. Preliminary Hearing and Preliminary Resolution for a Hotel -Restaurant License, Pelican Fish. 3512 South Mason The boundaries as proposed by the Administration were as follows: North from the subject premises to Drake Road. West from the subject premises to Shields Street. South from the subject premises to Harmony Road. East from the subject premises to Lemay Avenue. Mr, Bob Walker, owner, stated the boundaries are acceptable. Authority member Acott made a motion, seconded by Authority member Bujack, to accept the boundaries as proposed for Pelican Fish, 3512 South Mason. Yeas: Acott, Bujack, Monaghan, Sheahan, Veazie, and Wilson. Nays: None. The Resolution outlining the results of the preliminary hearing was read by title only. Authority member Veazie made a motion, seconded by Authority member Bujack, to adopt the preliminary resolution as presented. Yeas: Acott, Bujack, Monaghan, Sheahan, Veazie, and Wilson. Nays: None. Preliminary Hearing and Preliminary Resolution for a Beer and Wine License, Whirly Ball Center, 216 West Horsetooth Road The boundaries as proposed by the Administration were as follows: North from the subject premises to Drake Road. West from the subject premises to Shields Street. South from the subject premises to Harmony Road. East from the subject premises to Lemay Avenue. No one was present to represent the application. 10 June 20, 1984 Authority member Acott made a motion, seconded by Authority member Veazie, to accept the boundaries as proposed for Whirly Ball Center, 216 West Horsetooth Road. Yeas: Acott, Bujack, Monaghan, Sheahan, Veazie, and Wilson. Nays: None. The Resolution outlining the results of the preliminary hearing was read by title only. Authority member Veazie made a motion, seconded by Authority member Bujack, to adopt the preliminary resolution as presented. Yeas: Acott, Bujack, Monaghan, Sheahan, Veazie, and Wilson. Nays: None. Final Hearing and Final Resolution for a Hotel -Restaurant License for Jocco's Italian Restaurant, 3500 South College Avenue The applicant has requested that the hearing be tabled to July 18, 1984. Authority member Monaghan made a motion, seconded by Authority member Bujack, to table the final hearing and final resolution to July 18, 1984. Yeas: Acott, Bujack, Monaghan, Sheahan, Veazie, and Wilson. Nays: None. Final Hearing and Final Resolution for a Hotel -Restaurant License for The Polo Lounge, 328 Remington Mr. Albert Scott, 930 North Shields, Fort Collins, Colorado, was sworn and stated he is the sole owner and operator of the proposed restaurant. Mr. Scott spoke of his background. Mr. Scott stated the restaurant will be open for lunch at 11 a.m. and close on week nights at 11 p.m. On Friday and Saturday nights, he stated the restaurant will be open anywhere from 12:30 a.m. to 2:00 a.m., depending on business. Mr. Scott stated the restaurant will be closed on Sundays. He went on to say that there will be no major changes to the exterior of the building. The interior, Mr. Scott stated, will be cleaned up and any temporary walls erected now will be removed. Mr. Scott stated he has contacted the Historical Society about the possibilities of having the property become a historial landmark. With respect to zoning, Mr. Scott stated that the restaurant is allowed in the designated zone. In addition, he stated the property meets all parking requirements. He explained that other parking will be provided by leasing parking lots in the immediate neighborhood. He also noted that there is sufficient on -street parking. Mr. Scott stated he would require his employees to park off of the site. He spoke of a privacy fence that he would like to erect in an attempt to get people to park west of the building. -7- June 20, 1984 Mr. Scott described the floor plan. He stated the restaurant will seat 200-250 people. He noted that the lounge consists of appriximately 60 seats. He explained that food service will be available on two floors. Mr. Scott spoke of the decore throughout the restaurant. It was noted that the flat roof may be used as an outside dining area, but that this has not been definitely decided. In the event it is decided to use the flat roof, it was noted that it is currently included on the floor plan submitted by the applicant. Mr. Scott then identified the entrances and exits of the building. Mr. Scott stated he will have live entertainment on Thursday, Friday, and Saturday nights. The music will range from a combination of oldies and goodies to classical guitarists. In response to a question by the Author- ity, Mr. Scott stated he did not feel that noise will be a problem. In closing, he explained that he and an assigned manager will manage the restaurant, as well as train employees. Ms. Pat Ross of Wheeler Realty, 530 South College Avenue, was sworn and stated she works within the defined neighborhood area. She noted that she is an occasional drinker. Ms. Ross stated she feels there is a need in the neighborhood for this license. Ms. Ross stated a meeting with the core neighborhood was held to explain the proposed plans for a restaurant. In addition, Ms. Ross stated she contacted the Old Town Association, the Fort Collins Historical Society, and the Chamber of Commerce. She stated all of these groups felt that the license should be granted. Mr. Bill Neal of Wheeler Realty, 530 South College Avenue, was sworn and stated he works within the defined neighborhood area. He noted that he is an occasional drinker. Mr. Neal stated he feels there is a need in the neighborhood for this license. Mr. Bruce Freestone, 224 2nd Street, Fort Collins, Colorado, was sworn and stated he resides and works within the defined neighborhood area. He noted that he is an occasional drinker. Mr. Freestone stated he feels there is a need and desire in the neighborhood for the license. Mr. Freestone stated the building would have strong potential for a restaurant use and not for very many other uses. Mr. Max Scott, owner of Oedipus, Inc., 2902 5th Street, Boulder, Colorado, was sworn. Mr. Scott stated he was contacted to conduct a needs and desires survey for a hotel -restaurant license at 328 Remington. Appli- cant's Exhibit E was submitted and identified as a summary report of the field work conducted on behalf of the application. Applicant's Exhibits A, B, C, and D were submitted and identified as petitions circulated through- out the neighborhood. Mr. Scott gave a detailed report of the survey results. Overall, Mr. Scott stated that based on needs and desires, 76% of -8- June 20, 1984 the neighborhood signed in favor of the license. Mr. Scott stated that the use of this site is different from most applications. However, he added that 76% is a very good figure. In response to a question by the Author- ity, Mr. Scott stated he feels there was very good coverage of the neigh- borhood. It was noted that the petition circulators were denied access to the DMA Plaza, 300 Remington. Mr. Liston Leyendecker, 305 East Magnolia, Fort Collins, Colorado, was sworn and spoke in opposition to the license. Mr. Leyendecker stated he is a dedicated preservationist. He opposed the license on the basis that it will be an incompatible intrusion to the neighborhood. Specifically, he stated there will be increased traffic, noise, and a shortage of parking. Mr. Jack Russell, 3108 Swallow Place, Fort Collins, Colorado, was sworn and stated he owns property within the defined neighborhood area. Mr. Russell stated he is the president of the Board of Directors for DMA Plaza. He stated that DMA leases their parking lot from the City and cannot sublease any of their parking. Therefore, he stated the applicant could not utilize some of the surrounding parking as previously mentioned. Opponent's Exhibit A was submitted and identified as five pages of petitions circu- lated in opposition to the license. Mr. Russell objected to the increased noise and trash that will be generated from the restaurant. In response to a question by the Board, Mr. Russell stated he feels the reasonable needs of the neighborhood are being met. Assistant City Attorney Paul Eckman stated Opponent's Exhibit A does not contain a complete listing of ages and addresses of the people who signed against. He suggested that the Authority accept the evidence, yet omit the names who did not complete their name and address. It was noted that approximately 60 signatures were received. Mr. Don Feeney, 327 Mathews, Fort Collins, Colorado, was sworn and spoke in opposition. Mr. Feeney stated he is the residential caretaker for the DMA Plaza. Mr. Feeney stated the concerns of the residents of the DMA Plaza. He stated the elderly people are concerned with trash and their safety. In summary, Mr. Feeney stated the residents of the DMA Plaza feel there is not a need in the neighborhood for the proposed license. Ms. Carolyn Goodwin, 314 East Mulberry, Fort Collins, Colorado, was sworn. She submitted Opponent's Exhibit B, which was identified as a petition circulated in opposition to the license. Ms. Goodwin stated it is the feeling of the neighborhood that there is not a need for the license. Mrs. Barbara Leyendecker, 305 East Magnolia, Fort Collins, Colorado, was sworn and spoke in opposition to the license. Ms. Leyendecker stated more noise will be created in the neighborhood if the license is granted. She ME June 20, 1984 objected to the fact that the petition survey conducted by Oedipus did not contact those residents nearest the proposed site. Mr. Max Scott responded to this concern. He stated that the survey is a random survey and that 40% of the neighborhood was contacted. Mr. William Justus Wilkinson, 429 South Whitcomb, was sworn and stated he is a member of the First Baptist Church. Mr. Wilkinson stated he is opposed to the license at this location. Mr. Al Scott spoke in rebuttal. Mr. Scott stated the business is located in a business zone, the establishment will be a restaurant, as opposed to a tavern, and the parking situation is solvable. In closing, Mr. Scott stated he intends to run a very fine full -service restaurant. Authority member Veazie stated that comments presented with regard to parking are not valid. He added that the neighborhood area consists of one square mile of each direction. Mr. Veazie stated that he feels any opposi- tion should be given the same weight whether they live 3/4 mile from the establishment or right next door. He pointed out that the majority of the neighborhood signed in favor of the license. Therefore, Mr. Veazie stated it is his opinion that the needs and desires of the neighborhood are not currently being met. Authority member Bujack pointed out that there are 14 other hotel -restau- rant licenses in the defined neighborhood. Authority member Wilson stated she feels it is very important to consider the opposition presented by the residents of the neighborhood. In addi- tion, she noted the most adjacent neighbors are the people speaking in opposition. Authority member Monaghan stated he feels it is important to consider the neighbors' opposition. Mr. Monaghan also noted that this is a commercial zone and that 14 other hotel -restaurant licenses are within the defined neighborhood area. Authority member Acott noted that the area is properly zoned for this type of use. Authority member Sheahan stated he feels the concerns of those people closest to the establishment carry more weight. Authority member Veazie made a motion, seconded by Authority member Mona- ghan, to approve the hotel -restaurant license for The Polo Lounge, 328 Remington. Yeas: Veazie. Nays: Acott, Bujack, Monaghan, Sheahan, and Wilson. It was noted that the Final Resolution to deny this license will be sched- uled for July 18, 1984. -10- June 20, 1984 Authority member Monaghan made a motion, seconded by Authority member Veazie, to table the Final Resolution to July 18, 1984. Yeas: Acott, Bujack, Monaghan, Sheahan, Veazie, and Wilson. Nays: None. Final Hearing for a 3.2% Fermented Malt Beverage License Class B for The Oasis, 816 East Mulberry Mrs. Loren Collins, part owner, was sworn and stated she and her husband are applying for a beer license for a gas station/convenience store at 816 East Mulberry. Applicant's Exhibit A was submitted and identified as petitions circulated on behalf of the application. Mrs. Collins explained that 410 signatures were received from residents, 117 signatures were obtained from businesses and 165 signatures received from customers within the store, for a total of 692. She noted that they obtained signatures from 21 year olds and older due to the current legislature being considered that would raise the drinking age to 21. In response to a question by the Authority, Mrs. Collins stated that less than 3% of the people contacted opposed the license. It was noted that the store opened on June 10, 1984. Mrs. Collins stated the store is a quick stop convenience store. Authority member Acott made a motion, seconded by Authority member Veazie, to approve the new application for a 3.2% Fermented Malt Beverage (Class B) license for The Oasis, 816 East Mulberry. Yeas: Acott, Bujack, Monaghan, Sheahan, Veazie, and Wilson. Nays: None. Final Hearing for a 3.2% Fermented Malt Beverage License for Fort Fun, 1221 West Elizabeth The applicant requested that the hearing be tabled to July 18, 1984. Authority member Monaghan made a motion, seconded by Authority member Bujack, to table the final hearing to July 18, 1984. Yeas: Acott, Bujack, Monaghan, Sheahan, Veazie, and Wilson. Nays: None. Final Resolution for a 3.2% Fermented Malt Beverage Class B License for Scout 66, 320 North College Avenue The Resolution was read by title only. Authority member Bujack made a motion, seconded by Authority member Veazie, to adopt the Resolution as presented. Yeas: Acott, Bujack, Monaghan, Sheahan, Veazie, and Wilson. Nays: None. E 0 -11- Other Business June 20, 1984 The Authority decided to start the July 18 meeting at 7:00 p.m. due to the length of the agenda. Police Report Secretary Debbie Caster reported that the Upper Crust stores are in the process of changing their application and that they failed to file within the 30-day time period. She explained that Officer Russell was going to request a show/cause hearing but that the application has been filed as of June 20, 1984. The Authority unanimously decided not to take any action at this time. Adjournment Authority member Veazie made a motion, seconded by Authority member Mona- ghan, to adjourn. The Chairperson put the motion which was unanimously adopted. The meeting was adjourned at approx'mately 10:45 p.m. 1-5, - Chairperson Secretary