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HomeMy WebLinkAboutLiquor Licensing Authority - Minutes - 05/23/1984s 0 LIQUOR LICENSING AUTHORITY Regular Meeting - May 23, 1984 7:30 P.M. A regular meeting of the Liquor Licensing Authority was held on Wednesday, May 23, 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, Sheahan, and Wilson. Authority members Absent: Veazie Staff Members Present: Debbie Caster, City Clerk's Office Ken Frazier, City Attorney's Office Frank Russell, Police Department Minutes of the Regular Meeting of April 25, 1984, Approved as Published Authority member Long made a motion, seconded by Authority member Bujack, to approve the minutes of the regular meeting of April 25, 1984. Yeas: Bujack, Long, Monaghan and Sheahan. Nays: None. Abstain: Acott and Wilson. Special Events Permit - Holy Family Church July 13, 14, and 15 1984. 3.2% Mr. George Lamas, representative for the Holy Family Church, stated the annual event will be held July 13, 14 and 15, 1984. Mr. Lamas stated the event will consist of two dinners and two dances. He added that the area will be roped off and secured by police officers. It was noted that the Church has requested a special events license in the past and that no major problems have occurred. Mr. Lamas added that there will be more police officers at the event this year. Authority member Monaghan made a motion, seconded by Authority member Bujack, to approve the special events permit for Holy Family Church for July 13 from 12 noon to 12 midnight, July 14 from 9 a.m, to 12 midnight and July 15 from 12 noon to 8 p.m. Yeas: Acott, Bujack, Long, Monaghan, Sheahan and Wilson. Nays: None. -2- Special Events Permit - Fort Town June 2, 1984; 3.2% May 23, 1984 Ms. Jane Van Velson, Director of Fort Town, stated the 6th annual street fair will be held June 2, 1984, on Linden Street. The event wi 11 have food booths, beverages and beer available. She noted that there will be two off -duty police officers on the premises and volunteer coordinators will be responsible for checking ID's. It was noted that there were some problems during the event last September. In response to a question by the Board, Ms. Van Velson explained that the roped off area was removed in order to move some tables and the ropes were never put back into place. Boardmember Wilson stressed the importance of securing the area where beer is to be served. Ms. Van Velson stated the size of the area used this year will be smaller. Authority member Acott suggested that signs could be posted indicating that beer is restricted to be served in only one area. Also, she reminded Ms. Van Velson that the permit must be posted on the day of the event. Authority member Long made a motion, seconded by Authority member Sheahan, to approve the special events permit for Fort Town on June 2, 1984, from 11 a.m. to 6 p.m. Yeas: Acott, Bujack, Long, Monaghan, Sheahan and Wilson. Nays: None. Expansion of Premises for Gabby's Restaurant, 746 North College Avenue Mr. Joseph Bidula, owner, explained that he is requesting an expansion of premises for a proposed patio. He stated the patio is to try and upgrade the restaurant. He explained that the patio will be located in front of the restaurant and will be fenced. In response to a queston by the Board, Mr. Bidula stated the fence will be 6 feet in height. He also noted that the fence will be very secured and no one is allowed to enter or exit except through the front entrance. Mr. Bidula stated approximately 25-30 seats will be provided on the patio. Authority member Monaghan made a motion, seconded by Authority member Bujack, to determine that the expansion is not substantial and to grant permission for Gabby's Restaurant to expand their premises. Yeas: Acott, Bujack, Long, Monaghan, Sheahan and Wilson. Nays: None. -3- Expansion of Premises for Old Chicago, 147 South College Avenue May 23, 1984 It was noted that at the April 25, 1984, hearing the Board determined that this request for an expansion of premises was substantial. Mr. Tom Metcalf, attorney representing the applicant, stated they are ready to proceed. The neighborhood boundaries were read into the record as follows: North from the subject premises to Hickory Street and Conifer Street. West from the subject premises to Shields Street and City limits. South from the subject premises to Pitkin Street. East from the subject premises to Lemay Avenue and City limits. Mr. Max Scott, owner of Oedipus, Inc., 2902 5th Street, Boulder, Colorado, was sworn. Mr. Scott stated he was employed to conduct a needs and desire survey for an expansion of premises for Old Chicago. Applicants Exhibit 1 was submitted and identified as a summary report. Applicants Exhibit 4 was submitted and identified as petitions circulated on behalf of the applica- tion. Based on needs and desires of the neighborhood, the survey results showed that 95% of the neighborhood signed in favor of the license. Mr. Scott stated that the results were extremely high and credited that to the fact that the establishment is very well known. Mr. Frank Day, general partner and president of Concept Restaurants, Inc., was sworn. Applicants Exhibit 5 was submitted and identified as the floor plan of the proposed expansion. Mr. Day stated that the lower level will be used for banquets. He noted that a service area, office space and a bar facility will be located on the lower level. He also stated that there is a separate entrance to the downstairs. When the traffic becomes heavy, Mr. Day stated a doorman will be placed at the entrance to check ID's. In closing, Mr. Day stated the petition survey results were very favorable. Authority member Mongahan made a motion, seconded by Authority member Acott, to approve the expansion of premises for Old Chicago, 147 South College Avenue. Yeas: Acott, Bujack, Long, Monaghan, Sheahan and Wilson. Nays: None. Expansion of Premises for E1 Burrito, 404 Linden Mr. Jesse Godinez, owner, stated he is requesting an expansion of premises for an outdoor patio area. He stated the patio will be located in front of the restaurant. Mr. Godinez added that the proposed area will provide -4- May 23, 1984 approximately 34 additional seats. He stated his current seating capacity is 86. He went on to say that there are two entrances to the patio and one exit. He stated entrances and the exit are only accessible through the restaurant. In response to a question by the Authority, Mr. Godinez stated that the fence around the patio will be 5 feet in height. Authority member Long made a motion, seconded by Authority member Monaghan, to determine that the expansion is not substantial and to grant permission for the El Burrito to expand their premises. Yeas: Acott, Bujack, Long, Monaghan, Sheahan and Wilson. Nays: None. New Application for a 3.2% Fermented Malt Beverage, Class B, for The Oasis, 816 East Mulberry The boundaries as proposed by the Administration were as follows: North from the subject premises to Elm Street and East Vine Drive. West from the subject premises to Loomis Avenue and Meridian Avenue. South from the subject premises to University Avenue and East Eliza- beth. East from the subject premises to City Limits and Lemay Avenue. Mr. Phillip Collins, owner, stated the boundaries are acceptable. Authority member Long made a motion, seconded by Authority member Bujack, to accept the boundaries as proposed and set the final hearing for June 20, 1984. Yeas: Acott, Bujack, Long, Monaghan, Sheahan and Wilson. Nays: None. New Application for a 3.2% Fermented Malt Beverage, Class A. for Fort Fun. 1221 West Elizabeth 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. 21 South from the subject premises to Prospect Road. East from the subject premises to Center to Isotope to Howes Street. Mr. Gene Jewell, part owner, stated the boundaries are acceptable. Authority member Acott made a motion, seconded by Authority member Bujack, to accept the boundaries as proposed and set the final hearing for June 20, 1984. Yeas: Acott, Bujack, Long, Monaghan, Sheahan and Wilson. Nays: None. -5- New Application for a Tavern License for The Blue Bayou, 1045 East Garfield May 23, 1984 Authority member Long made a motion, seconded by Authority member Bujack, to accept the new application and set the preliminary hearing for June 20, 1984 and the final hearing for July 18, 1984. Yeas: Acott, Bujack, Long, Monaghan, Sheahan and Wilson. Nays: None. New Application for a Tavern License for The Pub, 210 Linden Street Authority member Long made a motion, seconded by Authority member Bujack, to accept the new application and set the preliminary hearing for June 20, 1984, and the final hearing for July 18, 1984. Yeas: Acott, Bujack, Long, Monaghan, Sheahan and Wilson. Nays: None. New Application for a Hotel -Restaurant License for Pelican Fish, 3512 South Mason Authority member Long made a motion, seconded by Authority member Acott, to accept the new application and set the preliminary hearing for June 20, 1984, and the final hearing for July 18, 1984. Yeas: Acott, Bujack, Long, Monaghan, Sheahan, and Wilson. Nays: None. New Application for a 3.2% Fermented Malt Beverage, for Whirly_Ball Center, 216 West Horsetooth Road (Note: This license application was amended to a Beer and Wine license.) Mr. Gary Davis, manager, stated they wish to change the license application from a 3.2% Fermented Malt Beverage license to a Beer and Wine license. Authority member Long made a motion, seconded by Authority member Bujack, to accept the new application for a Beer and Wine license and set the preliminary hearing for June 20, 1984, and the final hearing for July 18, 1984. Yeas: Acott, Bujack, Long, Monaghan, Sheahan and Wilson. Nays: None. Preliminary Hearing and Preliminary Resolution for a Hotel -Restaurant license, Jocco's Italian Restaurant, 3500 South College Avenue The boundaries as proposed by the Administration were as follows: -6- May 23, 1984 North from the subject premises to Drake Road. West from the subject premises to Shields. South from the subject premises to Harmony Road. East from the subject premises to Lemay Avenue. Ms. Rita Carter, part owner, stated the boundaries are acceptable. Authority member Long made a motion, to accept the boundaries as proposed South College Avenue. Yeas: Acott, Wilson. Nays: None. seconded by Authority member Bujack, for Jocco's Italian Restaurant, 3500 Bujack, Long, Monaghan, Sheahan and The Resolution outlining the results of the preliminary hearing was read by title only. Authority member Bujack made a motion, seconded by Authority member Acott, to adopt the preliminary resolution as presented. Yeas: Acott, Bujack, Long, Monaghan, Sheahan and Wilson. Nays: None. Preliminary Hearing and Preliminary Resolution for The Polo Lounge, 328 Remington The boundaries as proposed by the Administration were as follows: North from the subject premises to West Vine Drive extended to East Vine Drive. West from the subject premises to Shields. South from the subject premises to West Lake extended to East Lake. East from the subject premises to Lemay Avenue and City limits. Mr. Al Scott, owner, stated the boundaries are acceptable. Authority member Acott made a motion, seconded by Authority member Bujack, to accept the boundaries as proposed for the Polo Lounge, 328 Remington. Yeas: Acott, Bujack, Long, Monaghan, Sheahan and Wilson. Nays: None.. The Resolution outlining the results of the preliminary hearing was read by title only. Authority member Bujack made a motion, seconded by Authority member Acott, to adopt the preliminary resolution as presented. Yeas: Acott, Bujack, Long, Mongahan, Sheahan, and Wilson. Nays: None. -7- May 23, 1984 Final Hearing and Final Resolution for a Retail Liquor Store License for Park Central Discount Liquors 1606 South Lemay Avenue Mr. David Wood, attorney representing the applicant, reminded the Authority that the applicants received approval on a transfer of ownership at Lemay Liquors, 1045 Garfield. At this time, he explained they are requesting to relocate the store, known as Park Central Discount Liquors, to 1606 South Lemay Avenue. Ms. Sandra Goldstein, general partner, was sworn. Ms. Goldstein spoke of the location at 1606 South Lemay Avenue. She noted the store will consist of approximately 14,300 square feet. Ms. Goldstein stated the licensed premises will also include warehouse and office space. Applicants Exhibit 3 was submitted and identified as an architectural drawing of the proposed site. Ms. Goldstein described the floor plan as submitted for the file. She stated a market analysis was conducted prior to relocating the store. She spoke briefly of the results of this analysis. It was noted that there are no other retail liquor store outlets in the defined neighborhood area except for their own presently at 1045 Garfield Street. Applicants Exhibits 4, 5 and 6 were submitted and identified as photographs of the building site. Ms. Goldstein spoke of the staff she will employ. Ms. Goldstein also spoke of how she will train employees on the liquor laws. Applicants Exhibit 7 was submitted and identified as an artist's rendering of the proposed site. In closing, Ms. Goldstein stated she feels that she can conduct the store in a lawful manner. 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 transfer of location and expansion of premises for Park Central Discount Liquors, 1606 South Lemay Avenue. Applicants Exhibit 1 was submitted and identified as a summary report. Applicants Exhibit 2 was submitted and identified as petitions circulated on behalf of the application. Based on needs and desires, Mr. Scott stated 75% of the neighborhood signed in favor of the application. Mr. Scott stated the survey results are good for a retail liquor store license. Mr. Steve Joyce, 2901 Silverwood, Fort Collins, Colorado, was sworn. Mr. Joyce stated he is the co-owner of Supermarket Liquors, 1300 East Mulberry. Mr. Joyce stated he feels there is an excessive amount of liquor stores in Fort Collins. In closing, Mr. Joyce stated Ms. Goldstein's husband owns one of the largest liquor stores in Denver, Colorado. He submitted Oppo- 10 May 23, 1984 nents Exhibit A, which was identified as a newspaper clipping advertising Havana Square Discount Liquors in Denver (owned by Sandra Goldstein's husband) and Park Central Discount Liquors in Fort Collins. It was noted that Mr. Joyce is not an interested party. Mr. John Musa, 3013 Eastborough, Fort Collins, Colorado, was sworn. He stated he is the owner of Campus West Liquors, 1107 City Park Avenue. It was also noted that Mr. Musa is not an interested party. Mr. Musa stated he feels it is too easy to get a liquor license. He also stated he feels the community is not adequately notified. Boardmember Monaghan stated the premises were posted and a notice published in the paper. Mr. David Wood reminded the Authority that no other retail liquor store (except for Park Central at 1045 Garfield) exists in the neighborhood. He added that he does not feel the oppositions arguments are legally suffi- cient. Authority member Monaghan stated that he feels the oppositions arguments were economic in nature. He stated the Authority can only consider good moral character of the Applicant and reasonable needs of the neighborhood when granting or denying a license. Authority member Monaghan made a motion, seconded by Authority member Sheahan, to approve the transfer of location for a retail liquor store license for Park Central Discount Liquors, 1606 South Lemay Avenue. Yeas: Acott, Bujack, Long, Monaghan, Sheahan and Wilson. Nays: None. 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, Mon- aghan, Sheahan, and Wilson. Nays: None.. Final Hearing for a 3.2% Fermented Malt Beverage, Class B, License for Scout 66, 320 North College Avenue 21 Mr. Wayne Schrader, 800 Garfield, Fort Collins, Colorado, was sworn and stated he is the owner of the service station located at 320 North College Avenue. Mr. Schrader stated the station is being remodeled to include a small convenience store._ He noted where the beer cooler will be located. Petitions were submitted on behalf of the application. Mr. Schrader stated approximately 400 signatures were received. He noted that some signatures were obtained at the station. He also noted that the neighborhood is primarily commercial. Overall, Mr. Schrader stated the response from the survey was very favorable. In response to a question by the Board, Mr. Schrader stated he is familiar with the beer laws. n U lI May 23, 1984 Officer Frank Russell noted that the fingerprints have been received from the CBI. Authority member Monaghan made a motion, seconded by Authority member Bujack, to approve the 3.2% beer license, Class B for Scout 66, 320 North College Avenue. Yeas: Acott, Bujack, Long, Monaghan, Sheahan and Wilson. Nays: None. Final Hearing for a 3.2% Fermented Malt Beverage, Class A, License for The Polo Lounge, 328 Remington The applicant withdrew his application for a 3.2% beer license. Final Resolution on a 3.2% Fermented Malt Beverage, Class B, license for Mini Mart, 1104 West Elizabeth The Resolution was read by title only. Authority member Long made a motion, to adopt the Resolution as presented. Sheahan and Wilson. Nays: None. Senate Bill 112 seconded by Authority member Sheahan, Yeas: Acott, Bujack, Long, Monaghan, Other Business It was noted that Senate Bill 112 contains several changes to the Liquor and Beer Codes which will take effect July 1, 1984. Officer Frank Russell explained that the Bill requires all managers to file their name and address on the application form. He noted that up until now only managers of hotel -restaurant licenses were required to file their name and go through a registration procedure. Officer Russell went on to say that the State office has indicated that it is up to the individual cities whether each manager should actually be registered. Officer Russell pro- posed that the Authority make a new policy whereby all managers for each type of license be registered in the same manner as hotel -restaurant establishments. Assistant City Attorney Ken Frazier explained that the Bill contains a provision which gives the local authority the option to eliminate the 500 -10- May 23, 1984 foot requirement for hotel -restaurant licenses only, or eliminate any school or university from the 500 foot restriction. Ken stated that City Council will be making the final decision on the matter and asked that the Liquor Licensing Authority make a recommendation to the Council to be considered at their June 5 meeting. Boardmember Monaghan commented that he would like to see all managers registered. However, he stated except in the case of hotel -restaurant licenses it would not be necessary for each manager to attend a meeting for approval. He suggested that Officer Russell forward a memo containing the information collected from the background investigation and a recommenda- tion for approval or disapproval. Based on the information in the report, the Board can approve a manager at the regularly scheduled hearings or defer approval should there be doubt of good morale character and request that the manager appear before the Board. With respect to the 500 foot issue, Boardmember Monaghan suggested that any real property owned by the State Board of Agriculture be exempted from the Statute. Authority member Bujack suggested that all managers be registered without a formal hearing, except in the case where the Board had some concerns and requested a hearing. Boardmember Bujack stated that he would also like to see CSU be exempt from the 500 foot restriction. Authority members Sheahan and Long concurred with members Monaghan and Buj ack. Authority member Wilson stated she would like to see all managers go through the registration procedure. In addition, she stated she would like to see the 500 foot limit eliminated entirely. Boardmember Wilson stated she feels perhaps the law has outlived its usefulness. Mr. David Wood, attorney, addressed the Board on the 500 foot restriction. He asked the Authority to recommend to City Council that they adopt an ordinance exercising the local option which will eliminate the 500 foot restriction with respect to CSU. Authority member Bujack made a motion, seconded by Authority member Acott, to recommend that City Council pass an ordinance exercising the local option under S.B. 112 to exempt the main campus of Colorado State Univer- sity from the restrictions of the 500 foot limitation, the main campus to be defined as the State Board of Agriculture has defined main campus in its planning documents. Yeas: Acott, Bujack, Long, Monaghan, Sheahan, and Wilson. Nays: None. 0 May 23, 1984 The consensus of the Board is to require all managers to be registered. A report containing the results of the investigation will be forwarded to the Authority for their review. Managers will not be required to appear before the Board for approval unless the Authority requests a personal appearance. Police Report Boardmember Wally Bujack stated he had received a call from Mary Elson, 1301 South Shields, complaining of the noise at The Library Bar on East Elizabeth. Officer Frank Russell stated Ms. Elson had also contacted the Police Department and was told she could attend the Liquor Board meeting to voice her concerns. Officer Russell relayed to the Authority that it was not felt that Ms. Elson had a legitimate complaint at this time. In addition, he stated the department has contacted The Library about the loud noise. Officer Russell stated he has mailed two letters of concern during the last month. One letter was sent to the Electric Stampede for serving to an intoxicated person and another to The Sports Page for failure to report a disturbance. Officer Frank Russell requested a show/cause hearing for a violation occurring on May 4, 1984, at the Town Pump, 124 North College Avenue. Authority member Long made a motion, seconded by Authority member Sheahan, to determine that there is probable cause and scheduled a show/cause hearing for June 20, 1984. Yeas: Acott, Bujack, Long, Monaghan, Sheahan and Wilson. Nays: None. Adjournment Authority member Acott made a motion, seconded by Authority member Mon- aghan, to adjourn. The Chairperson put the motion which was unanimously adopted. The meeting was adjourned at approx. ately 10:40 p.m Chairperson 1II P i t lP �� Se a ry