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HomeMy WebLinkAboutLiquor Licensing Authority - Minutes - 03/28/1984a LIQUOR LICENSING AUTHORITY Regular Meeting - March 28, 1984 7:30 P.M. A regular meeting of the Liquor Licensing Authority was held on Wednesday, March 28, 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: Debbie Caster, City Clerk's Office Paul Eckman, City Attorney's Office Frank Russell, Police Department Minutes of the Regular Meeting of February 29, 1984, Approved as Published Authority member Long made a motion, seconded by Authority member Veazie, to approve the minutes of the regular meeting of February 29, 1984. Yeas: Acott, Long, Monaghan, Sheahan, Veazie, and Wilson. Nays: None. Abstain: Bujack. Show/Cause Hearing China Palace, 117 South College Avenue Assistant City Attorney Paul Eckman stated the licensee is willing to stipulate to the violation occurring on February 6, 1984, at approximately 5:10 p.m. It was noted that an employee of the China Palace sold an alcoholic beverage to a minor. It was also noted that this spot check was a routine compliance check conducted by the Police Department. Ms. Amy Huang, owner, stated she stipulates to the violation. Assistant City Attorney Paul Eckman stated the Police Department is recom- mending a one day suspension of the license. Authority member Long made a motion, seconded by Authority member Bujack, to determine that a violation did occur at the China Palace, 117 South College Avenue. Yeas: Acott, Bujack, Long, Monaghan, Sheahan, Veazie, and Wilson. Nays: None. Ms. Huang stated the establishment has never had a liquor license viola- tion. She noted that she has held the license since 1976. -2- March 28, 1984 Authority member Monaghan made a motion, seconded by Authority member Bujack, to direct the City Attorney's Office to write a letter of reprimand to the China Palace, 117 South College Avenue. Yeas: Acott, Bujack, Long, Monaghan, Sheahan, Veazie, and Wilson. Nays: None. Show/Cause Hearing Delfannies, 215 East Foothills Parkway Assistant City Attorney Paul Eckman stipulate to the violation occurring 5:54 p.m. It was noted that during a the Police Department, an employee of to a minor. Paul stated that the one -day suspension of the license. stated the licensee is willing to )n February 6, 1984, at approximately routine compliance check conducted by Delfannies sold an alcoholic beverage Police Department is recommending a Mr. Delbert LeBlanc, owner, stated he stipulates to the violation. Authority member Bujack made a motion, seconded by Authority member Long, to determine that a violation did occur at Delfannies, 215 East Foothills Parkway. Yeas: Acott, Bujack, Long, Monaghan, Sheahan, Veazie, and Wilson. Nays: None. Mr. Delbert LeBlanc stated he has held a license for 4 1/2 years with no prior liquor violations. Since the violation, Mr. LeBlanc stated all employees have been notified in writing the policy relating to liquor sales and checking for proper identification. Mr. LeBlanc submitted a copy of the policy for the Board's review. In closing, Mr. LeBlanc stated he feels a one -day suspension would be too harsh and asked the Authority to issue a letter of reprimand. Authority member Bujack made a motion, seconded by Authority member Mona- ghan, to direct the City Attorney's Office to write a letter of reprimand to Delfannies, 215 East Foothills Parkway. Authority member Veazie complimented the owner for the clean record and stated they have done a good job informing their employees of the conse- quences involved with a liquor license violation. The motion was put to vote as follows: Yeas: Acott, Bujack, Long, Mona- ghan, Sheahan, Veazie, and Wilson. Nays: None. Show/Cause Hearing Round the Corner, 101 West Swallow Assistant City Attorney Paul Eckman stated the licensee stipulates to the violation which occurred on February 6, 1984. Paul stated the licensee 0 • -3- March 28, 1984 would like to add a few additional facts. He stated the licensee would add the fact that the employee asked Police Scout Jay Lind if he was 21 years. Mr. Lind replied that he was not 21 years old. At that time, Police Scout Kelly Livingston stated he would take the beer. The employee then served Mr. Livingston. Paul stated the Police Department is recommending a one -day suspension of the license. Mr. Robert Dill, attorney representing the applicant, stated the licensee stipulates to the violation. Authority member Long made a motion, seconded by Authority member Acott, to determine that a violation did occur at Round the Corner, 101 West Swallow. Yeas: Acott, Bujack, Long, Monaghan, Sheahan, Veazie, and Wilson. Nays: None. Mr. Dill stated the establishment has never had a liquor violation. He stated the violation occurred as a result of a breakdown in communication. Mr. Dill assured the Authority that the company takes the violation very seriously and has taken steps to prevent future violations. Authority member Acott made a motion, seconded by Authority member Bujack, to direct the City Attorney's office to write a letter of reprimand to Round the Corner, 101 'West Swallow. Yeas: Acott, Bujack, Long, Monaghan, Sheahan, Veazie, and Wilson. Nays: None. Authority member Bujack stated for the record that all three establishments having show/cause hearings have had clean records of no prior liquor violations. Therefore, he stated he is in favor of issuing a letter of reprimand to each establishment this time. However, he stated that the letter should be taken seriously. Authority member Long stated he feels the Police Department and Police Cadets are doing an excellent job. He explained that he was also in favor of issuing letters of reprimand due to the clean record of each establish- ment. Authority member Wilson concurred. Registration of Manager Washington's Bar and Grill, 132 West Laporte Avenue Mr. Tyler Watson, 3431 Stover E-521, Fort Collins, Colorado, was sworn and stated he is the general manager. Mr. Watson spoke briefly of his back- ground. He stated he has previously held manager positions and is very familiar with the Colorado liquor laws. It was noted that the fingerprints have cleared through the CBI. -4- March 28, 1984 Authority member Monaghan made a motion, seconded by Authority member Bujack, to approve the registration of manager for Tyler Watson at Washing- ton's Bar and Grill, 132 West Laporte Avenue. Yeas: Acott, Bujack, Long, Monaghan, Sheahan, Veazie, and Wilson. Nays: None. Expansion of Premises for the Sagebrush Bar and Restaurant, 934 South Lemay Avenue Mr. William LeNorreys, part owner, stated they are proposing to add a bar at the food service area which is separate from the main bar. He stated the waitresses are better able to keep an eye on the area without leaving to go to the main bar for alcoholic beverages. In response to a question by the Authority, Mr. LeNorreys stated there is no increase in seating capacity or structural changes being made. Authority member Monaghan stated he feels the change is strictly cosmetic. On that basis, Authority member Monaghan made a motion, seconded by Author- ity member Bujack, to determine that the expansion of premises is not substantial. Yeas: Acott, Bujack, Long, Monaghan, Sheahan, Veazie, and Wilson. Nays: None. Expansion of Premises for B-Cubed, 3524 South Mason Mr. Scott Woodward, representative for the applicant, distributed copies of the construction plans for the proposed expansion. Mr. Woodward stated the current seating capacity is 88. Mr. Woodward explained that part of the proposed plan involves rearranging existing furniture and pool tables to better accommodate their customers. The proposed plan also involved adding a front patio to be 25' x 30' with a 4-foot cedar fence. He stated the patio will seat approximately 24 people and will have landscaping around the patio. Mr. Woodward explained that the patio is seasonal. He stated that the business normally drops off during the summer. Therefore, Mr. Woodward stated he didn't feel there would be a significant increase in clientele due to the expansion. In response to a question by the Authority, Mr. Woodward stated there is an entrance to the patio without going through the establishment. He stated, however, that the employees are responsible for controlling the patio area. Mr. Woodward stated at least one wait person will be required to be on the patio at all times. Authority member Acott made a motion, seconded by Authority member Bujack, to determine that the expansion of premises is not substantial. Yeas: Acott, Bujack, Long, Monaghan, Sheahan, Veazie, and Wilson. Nays: None. -5- March 28, 1984 Transfer of Ownership for Park Central Discount Liquors (formerly Lemay Liquor), 1045 Garfield Mr. David Wood, attorney representing the applicant, introduced Mrs. Sandra Goldstein. Mrs. Sandra Goldstein, 2374 South Troy, Aurora, Colorado, was sworn. She stated she has entered into a purchase contract with Wayne Dauggard to purchase the liquor store located at 1045 Garfield, known as Lemay Liquors. Mrs. Goldstein spoke briefly of her background. She stated that she is experienced working as an assistant manager of a liquor store in Denver. She noted that she is familiar with the state liquor laws. Mrs. Goldstein also explained that she will be responsible for the supervision and manage- ment of the liquor store in question. She stated she will work 30-35 hours per week in the store. Mrs. Goldstein stated she has hired a general manager to operate the store on a full-time basis. She noted that he has been in the retail liquor store business for three years. Mrs. Goldstein stated she feels she can operate the store in a lawful manner. It was noted that Mrs. Goldstein's husband owns a retail liquor store in Denver. He stated he has no financial interest whatsoever in this applica- tion. Mrs. Goldstein spoke briefly of the financial arrangements for the application. Mr. Wood stated the application involves a limited partnership. He ex- plained that Mrs. Goldstein is the general partner and Reid Rosenthal is the limited partnership. It was noted that Mr. Rosenthal will not be involved in the management or operation of the store. Authority member Long made a motion, seconded by Authority member Acott, to approve the transfer of ownership form Wayne Dauggard to Park Central Discount Liquors, a Colorado Limited Partnership, dba Park Central Discount Liquors, 1045 Garfield. Yeas: Acott, Bujack, Long, Monaghan, Sheahan, Veazie, and Wilson. Nays: None. Mr. Wood introduced Glen Rocklavich, general manager for the proposed store on Lemay Avenue. Mr. Rocklavich was sworn and stated he is currently employed as general manager of a liquor store in Denver. He stated he will be responsible for trainng employees on the liquor laws. He added that he is familiar with the liquor laws of the State of Colorado. Brown's Transfer of Ownership for ry Inn (formerly Applegates 2721 South College Avenue Landing), Mr. Christopher Brown, 1455 Ivy, Fort Collins, Colorado, was sworn. Mr. Brown spoke briefly of his background. He stated he has been employed by -6- March 28, 1984 Concept Restaurants for the past 14 years. He explained that he is making application for the license along with his brother. He stated his policy on training will be complete and thorough. Mr. Brown stated there will be cosmetic changes made to the existing building prior to opening. He went on to speak of the menu. Mr. Brown stated the business is interested in food service and will not place any emphasis on liquor sales. Authority member Bujack made a motion, seconded by Authority member Veazie, to approve the transfer of ownership from Applegates Landing of Fort Collins, Inc. to CIJABR, Ltd., dba Brown's Country Inn, 2721 South College Avenue. Yeas: Acott, Bujack, Long, Monaghan, Sheahan, Veazie, and Wilson. Nays: None. Transfer of Ownership for Rochbald's (formerly The Sports Page), 181 North College Avenue The applicant, Rodney Turk, was not present. Mr. Jim Martell, attorney representing Ms. Melissa Corr, current owner, was present. Mr. Martell stated the lease has not yet been filed with the City. Officer Frank Russell stated he would encourage the Authority to determine whether Mr. Rodney Turk, applicant, is of good moral character. He stated that in the event Mr. Turk is denied the transfer of ownership, as recom- mended by the Police Department, Mr. Corr would be able to line up another purchaser for the business. It was noted that City staff had made numerous attempts to contact Mr. Turk to inform him of the meeting but was not successful in contacting him. Based on the negative police report provided by Officer Frank Russell, Authority member Monaghan made a motion, seconded by Authority member Bujack, to deny the transfer of ownership for Rodney Turk. Mr. Monaghan added that the denial is due to the unsuitable character of Mr. Turk. Yeas: Acott, Bujack, Long, Monaghan, Sheahan, Veazie, and Wilson. Nays: None. Special Events Permit - 3.2% Lambda Chi Alpha, April 26, 1984 (Rain date: April 28, 1984) Mr. Erin King, representative from Lambda Chi Alpha, stated this is the second year of their event. He stated beer will be served from 12 p.m. to i -7- March 28, 1984 11 p.m. Mr. King explained that the event is a kick off to College Days. He stated two police officers, two paramedics, and student marshalls will be on hand. It was noted that the event will take place at the fraternity house, 709 Wagner. In response to a question by the Authority, Officer Russell stated the facility is capable of handling the crowd. Authority member Monaghan made a motion, seconded by Authority member Veazie, to approve the special events permit for Lambda Chi Alpha on April 26, 1984 from 12 p.m. to 11 p.m., with a rain date of April 28, 1984. Yeas: Acott, Bujack, Long, Monaghan, Sheahan, Veazie, and Wilson. Nays: None. Transfer of Location Park Central Discount Liquors 1606 South Lemay Avenue Authority member Long made a motion, seconded by Authority member Bujack, to accept the application and to set the preliminary hearing for April 25, 1984, and the final hearing for May 23, 1984. Yeas: Acott, Bujack, Long, Monaghan, Sheahan, Veazie, and Wilson. Nays: None. New Application for a 3.2% Fermented Malt Beverage, Class B, for Mini Mart, 1104 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 Crestmore Place extended to Skyline Drive extended to Castlerock Drive. South from the subject premises to Prospect. East from the subject premises to Howes Street extended to Isotope Drive extended to Center Avenue. Mr. Dave Williams, attorney representing the applicant, stated the bounda- ries 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 April 25, 1984. Yeas: Acott, Bujack, Long, Monaghan, Sheahan, Veazie, and Wilson. Nays: None. -8- March 28, 1984 Preliminary Hearing and Preliminary Resolution for a Tavern license, The Clubhouse at South Ridge, 5800 South Lemay Avenue The boundaries as proposed by the Administration were as follows: North from the subject premises to Harmony Road. West from the subject premises to the City limits. South from the subject premises to Trilby Road. East from the subject premises to the City limits. Mr. Ramsey Myatt, attorney representing the applicant, stated the bounda- ries are acceptable. Authority member Long made a motion, seconded by Authority member Bujack, to accept the boundaries as proposed for The Clubhouse at South Ridge, 5800 South Lemay Avenue. 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 and Final Resolution for a Hotel -Restaurant License for Cables End. 165 Boardwalk Drive Mr. Tom Hellerich, attorney representing the applicant, submitted Appli- cant's Exhibits 1, 2, and 3. Exhibit 1 was identified as several packets of petitions circulated by the applicant on behalf of the application. Exhibits 2 and 3 were identified as petitions anonymously submitted in support of the license. Assistant City Attorney Paul Eckman stated Appli- cant's Exhibit 1 would be admissible. He stated Applicant's Exhibit 2 and 3 are not of proper form and should not be admitted. Authority member Bujack made a motion, seconded by Authority member Shea- han, to not accept Exhibits 2 and 3. Yeas: Acott, Bujack, Long, Monaghan, Sheahan, and Veazie. Nays: Wilson. Mr. Hellerich stated Applicant's Exhibit 1 contains a total of 411 signa- tures. Mr. Hellerich stated that food service will be the main emphasis of the restaurant as opposed to liquor sales. 0 50 March 28, 1984 Mr. Keith Johnson, owner, was sworn and stated he has owned Cables End in Greeley, Colorado, for 4 1/2 years. During that time, he stated there have been no liquor violations. With respect to the petitions, Mr. Johnson stated the overall response was very favorable. Mr. Johnson stated his business will offer a variety of Italian dishes. He noted that they will provide a carryout and delivery service. Mr. Johnson stated the floor plan will seat 192, including the lounge area. In response to a question by the Board, Mr. Johnson stated he will be actively involved in the day to day operations. He stated he has hired a general manager who will be on the premises at all times. Mr. Johnson stated the restaurant will have a patio area, enclosed by a 32" high wall. He added that the patio will be closely monitored by his employees. With respect to training employees, Mr. Johnson stated the general manager and himself will be responsible for training. He stated they are both familiar with the Colorado liquor laws. He stated that he has a follow-up session with employees to ensure proper training. In closing, Mr. Johnson stated he feels the survey shows that the community feels there is a need for a hotel -restaurant license. Authority member Veazie made a motion, seconded by Authority member Bujack, to approve the hotel -restaurant license for Cables End, Inc., dba Cables End, 165 East Boardwalk. Yeas: Acott, Bujack, Long, Monaghan, Sheahan, Veazie, and Wilson. Nays: None. Final Resolution on a Hotel -Restaurant License _ for Cables End, 165 East Boardwalk The 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, Mona- ghan, Sheahan, Veazie, and Wilson. Nays: None. Final Resolution on a 3.2% Fermented Malt Beverage, Class B, for Mini Mart, 1801 North College Avenue The 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, Mona- ghan, Sheahan, Veazie, and Wilson. Nays: None. Police Report Officer Frank Russell thanked the Authority for their support with respect to the spot compliance checks occassionally conducted by the Police Depart- ment. -10- March 28, 1984 Adjournment Authority member Bujack made a motion, seconded by Authority member Shea- han, to adjourn. The Chairperson put the motion which was unanimously adopted. The meeting was adjourned at approximately 9:45 p.m. Chairperson 4AL �..gdLa J Secretary