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HomeMy WebLinkAboutLiquor Licensing Authority - Minutes - 11/09/1983LIQUOR LICENSING AUTHORITY Regular Meeting - November 9, 1983 7:30 P.M. A regular meeting of the Liquor Licensing Authority was held on Wednesday, November 9, 1983, in the Council Chambers of the City of Fort Collins Municipal Building. Roll call was answered by the following members: Acott, Bujack, Long, Sheahan, and Veazie. Authority Members Absent: Monaghan and Wilson. 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 October 12, 1983, Approved as Published Authority member Bujack made a motion, seconded by Authority member Veazie, to approve the minutes of the regular meeting of October 12, 1983. The Chairperson put the motion with the following votes: Yeas: Acott, Bujack, Long, Sheahan, and Veazie. Nays: None. Renewal Application for Retail Liquor Store Wine and Liquor Specials 2439 South College Avenue Authority member Bujack made a motion, seconded by Authority member Veazie, to approve the renewal for Wine and Liquor Specials, 2439 South College Avenue. Yeas: Acott, Bujack, Long, Sheahan and Veazie. Nays: None. Renewal Application for Tavern License County Cork, 2439 South College Avenue #1 Authority member Veazie made a motion, seconded by Authority member Acott, to approve the renewal for County Cork, 2439 South College Avenue #1. Yeas: Acott, Bujack, Long, Sheahan and Veazie. Nays: None. Renewal Application for Retail Liquor Store Riverside Liquors (formerly Pit Stop Liquors) 315 Riverside Authority member Bujack made a motion, seconded by Authority member Veazie, to approve the renewal for Riverside Liquors, 315 Riverside. Yeas: Acott, Bujack, Long, Sheahan and Veazie. Nays: None. -2- November 9, 1983 Show/Cause Hearing for Cow Paddy, 169 North College Avenue Mr. Pat O'Reilly, owner, was sworn and stipulated to the violation which occurred on September 20, 1983. Assistant City Attorney Ken Frazier stated that on September 20, 1983, an employee of The Cow Paddy sold liquor to Cadet Jeff Svoboda, age 19. It was noted that no ID or proof of age was required. Ken stated the Police Department is recommending a one -day suspension. Authority member Bujack made a motion, seconded by Authority member Veazie, to determine that a violation did occur at The Cow Paddy, 169 North College Avenue. Yeas: Acott, Bujack, Long, Sheahan and Veazie. Nays: None. Mr. Pat O'Reilly stated this violation is the first violation in the 4-1/2 years of business. He stated employee meetings have been held since the violation to review the responsibilities of a liquor license. Mr. O'Reilly testified that the waitress stated she had a mental lapse and forgot to check for an ID on Mr. Svoboda. He added that the employee routinely checks for ID's. Cadet Jeff Svoboda was sworn and stated he is a cadet employed by the Fort Collins Police Department. In response to questions by the Authority, Mr. Svoboda stated he was dressed in jeans, a sweater and cowboy boots the day he entered The Cow Paddy. He added that the restaurant was not busy at the time he was there. Mr. O'Reilly stated the waitress who served the cadet is no longer a full-time employee. He explained that she works on an on -call basis. Mr. O'Reilly explained the training procedures his employees are to follow. Authority member Acott made a motion, seconded by Authority member Sheahan, to levy a one -day suspension to be served on a business day within the next 28 days at the convenience of the licensee and that the premises be posted. Yeas: Acott, Bujack, Long, Sheahan and Veazie. Nays: None. Show/Cause Hearing for Sports Page, 181 North College Avenue Ms. Melissa Corr, owner, was sworn and stipulated to the violation which occurred on September 20, 1983. Assistant City Attorney Ken Frazier stated that on September 20, 1983, an employee of The Sports Page sold liquor to Cadet Jeff Svoboda, age 19. It was noted that no attempt was made to obtain any ID from Mr. Svoboda. Ken stated the Police Department is recommending a one -day suspension. _b .y - • a -3- November 9, 1983 Authority member Bujack made a motion, seconded by Authority member Veazie, to determine that a violation did occur at The Sports Page, 181 North College Avenue. Yeas: Acott, Bujack, Long, Sheahan and Veazie. Nays: None. Ms. Corr stated that she had an employee meeting prior to CSU starting the fall semester to cover all the rules and procedures in checking ID's. After the violation, Ms. Corr stated another employee meeting was held to review all the rules. She explained that it is their policy to terminate any employee who violates the liquor laws. It was noted that the employee who served Mr. Svoboda is no longer employed at the bar. Ms. Corr briefly explained their training procedures on checking ID's. Ms. Corr went on to say that the majority of their clientele is middle aged. She stated she feels her employees are cautious in checking ID's. Ms. Corr pointed out that this is the first violation. In closing, Ms. Corr stated that she feels they have learned a lesson and that a one -day suspension would be too harsh. Authority member Acott made a motion, seconded by Authority member Bujack, to levy a one -day suspension to be served on a business day within the next 28 days at the convenience of the licensee and that the premises be posted. Yeas: Acott, Bujack, Long, Sheahan and Veazie. Nays: None. Show/Cause Hearing for Ace Liquors, 200 East Mountain Avenue Mr. Steve Francis, attorney representing the applicant, stated they will stipulate to the fact that liquor was sold to Cadet Jeff Svoboda, age 19, on September 16, 1983. Assistant City Attorney Ken Frazier stated that on September 16, 1983, at approximately 1:10 p.m., Police Cadet Jeff Svoboda purchased a quart of beer at Ace Liquors. It was noted that no proof of age was required. Ken stated the Police Department is recommending a 5-day suspension. Mr. Francis stated he is willing to go along with a 2-day suspension. Authority member Bujack made a motion, seconded by Authority member Veazie, to determine that a violation did occur at Ace Liquors, 200 East Mountain Avenue. Yeas: Acott, Bujack, Long, Sheahan and Veazie. Nays: None. Mr. Francis stated that Mr. Seo, the individual who sold the beer to the cadet, is no longer employed by Ace Liquors. He stated the new managers are in the process of purchasing the business from Mr. Lee, the current owner. Mr. Francis pointed out that since the last violation in June, Mr. Seo has had five different occasions to refuse a sale to a minor. -4- November 9, 1983 Prior to Mr. Seo giving testimony, Mr. Francis introduced Mr. Peacock who was sworn and stated he is a professor at CSU. Mr. Peacock then proceeded to translate testimony for Mr. Seo. Mr. Seo was sworn and stated he used to be the general manager for Ace Liquors. He stated that since June there have been several attempts made by minors to purchase liquor which he has declined. Mr. Seo stated he did not ask for ID from Mr. Svoboda. Mr. Seo explained that at the time Mr. Svoboda approached the counter he was talking with someone else in the store about cigarettes. After the sale was conducted, Mr. Seo said that Mr. Svoboda left in a hurry. It was at that time Mr. Seo thought maybe Mr. Svoboda was a minor. Mr. Seo stated he followed Mr. Svoboda out of the store to ask for an ID, but noticed a white patrol car parked on Linden and became scared. The police then entered the establishment and talked with Mr. Seo about the violation. Assistant City Attorney Ken Frazier cross-examined Mr. Seo. During the cross-examination, Mr. Seo described the patrol car as a white car with police lights on the top. Mr. Seo identified the policeman who entered the establishment as Officer Frank Russell. He spoke of several other occa- sions in which he has seen white patrol cars sitting outside the store. Mr. Jeff Svoboda was called to the stand and was sworn. Mr. Svoboda stated he is a cadet with the Fort Collins Police Department. He explained that on September 16, 1983, he entered Ace Liquors and purchased a quart of beer from Mr. Seo. After he received his change, Mr. Svoboda stated he exited the store and went to a green Chevy Chevette which was parked on Linden Street. Mr. Svoboda noted that he had the quart bottle available as evidence for the Authority's review. Officer Frank Russell was called to the stand and was sworn. He stated he is employed by the Fort Collins Police Department as a detective in the Investigations Division. Officer Russell explained that a spot compliance check was conducted on September 16, 1983, at the request of Boardmember Monaghan. He stated he drove Cadet Svoboda to Ace Liquors to conduct the compliance check. He noted that he drove a green Chevy Chevette which was parked on Linden Street. In his testimony, Officer Russell pointed out that normally patrol cars are parked out of sight when used during spot checks. Mr. Francis stated that he would like the Board to consider issuing a 2-day suspension. In response to a question by the Authority, Officer Russell stated there have been two other violations under Mr. Lee's ownership. One violation occurred in April, 1982, for sale to a minor. It was noted that the matter was not brought before the Authority. The other violation was on June 2, 1983, for sale to a minor. It was noted that the license was transfered to Mr. Lee in March of 1982. -5- November 9, 1983 Based on the number of violations which have occurred, Authority member Sheahan made a motion, seconded by Authority member Bujack, to levy a 5-day suspension to be served on consecutive business days within the next 28 days at the convenience of the licensee and that the premises be posted. Yeas: Acott, Bujack, Long, Sheahan and Veazie. Nays: None. Authority member Sheahan requested that an article appear in The Coloradoan regarding the show/cause hearing on Ace Liquors. Change in Trade Name for Cason's Corner (formerly Jefferson Market) 622 North College Avenue (Secretary's Note: No one was present to represent Cason's Corner.) Authority member Veazie made a motion, seconded by Authority member Acott, to table the matter to December 7, 1983. Yeas: Acott, Bujack, Long, Sheahan and Veazie. Nays: None. Special Events Permit CSU Department of Music, December 1, 2, and 3, 1983 Mr. James McCray of the CSU Music Department explained that the annual Madrigal Christmas Dinner will be held December 1, 2 and 3 at the Lory Student Center Ballroom. He explained the evening will consist of 16th century food and entertainment. Mr. McCray stated the people serving the wine are over the age of 21 years and will be responsible for checking for people who are under the age of 21. He stated there have been no problems at the event in the past. Authority member Bujack made a motion, seconded by Authority member Acott, to approve the special events license for CSU Department of Music on December 1, 2 and 3 from 5 p.m. to 12 midnight. Yeas: Acott, Bujack, Long, Sheahan and Veazie. Nays: None. Special Events Permit Women's Guild of Fort Collins Symphony - January 28, 1984 Ms. Lynne Baker, Chairperson for the Symphony Ball, stated the event will be held on January 28, 1984, in the Lory Student Center Ballroom. She ex- plained that the event is an annual fund raising event for the symphony. Ms. Baker stated a cash bar will open at approximately 6:30 p.m. In addition, she stated wine will be served during the dinner hour. It was noted that CSU security will be on the premises. r -6- November 9, 1983 Authority member Bujack made a motion, seconded by Authority member Acott, to approve the special events license for the Women's Guild of the Fort Collins Symphony on January 28, 1984, from 6 p.m. to 1:00 a.m. (January 29, 1984). Yeas: Acott, Bujack, Long, Sheahan and Veazie. Nays: None. Transfer of Ownership for Jocco's Italian Restaurant (formerly Delfannies) 3500 South College Avenue Mr. Edward DeMarco, part owner, was sworn and introduced his wife, Debbie DeMarco, and sister, Rita Carter. He explained that all three of them are partners in the business. Mr. DeMarco stated they desire to transfer the beer and wine license from Delfannies. He stated their hours are from 9 a.m. - 9 p.m. weekdays and 9 a.m. to 12 midnight on Friday and Saturday. Mr. DeMarco stated the menu will consist of Italian dishes with some specialties. He stated the lunch menu consists of a variety of sandwiches. It was noted that they have a very limited breakfast menu. Mr. DeMarco stated they have redecorated the restaurant to some extent. He noted, however, that the seating capacity will remain the same. In response to a question by the Board, it was noted that the patio is part of the licensed premises. Mr. DeMarco assured the Authority that the patio will be monitored very carefully. Mr. DeMarco stated the waitresses will be responsible for checking ID's. The beer and wine will be served with meals only. In response to a ques- tion by the Board, Mr. DeMarco stated he is somewhat familiar with the liquor laws. It was suggested that the applicant obtain an ID guide book- let. Ms. Debbie DeMarco was sworn and stated she and Rita will be primarily responsible for training all employees. She noted that she has instructed their employees to check for ID's on anyone who looks under the age of 25 years. Ms. DeMarco stated she is in the process of studying the Colorado Liquor Laws. Authority member Bujack made a motion, seconded by Authority member Veazie, to approve the transfer of ownership from Robin Laurie LeBlanc to Debra Ann DeMarco, Edward William DeMarco and Rita Ann Carter, dba Jocco's Italian Restaurant, 3500 South College Avenue. Yeas: Acott, Bujack, Long, Sheahan and Veazie. Nays: None. Transfer of Ownership for Gadsby's (formerly Harmony Inn), 115 Harmony Mr. Daniel Gadsby was sworn and stated he is part owner of the business. He stated the restaurant has been redecorated and remodeled. It was noted that the seating capacity has been increased from 122 to 140. Mr. Gadsby stated he is responsible for training. He noted that he knows the basic b ►, -7- November 9, 1983 liquor laws from past work experience. He stated, however, that he needs to become more familiar with the liquor laws. In response to a question by the Board, Mr. Gadsby stated he is present on the premises 16 - 18 hours per week. Officer Frank Russell stated the prints have been returned from the Colo- rado Bureau of Investigations with favorable reports. Authority member Bujack made a motion, seconded by Authority member Veazie, to approve a transfer of ownership from Richard E. Fitzgerald to Gadsby Venture, Ltd., dba Gadsby's, 115 East Harmony Road. Yeas: Acott, Bujack, Long, Sheahan and Veazie. Nays: None. Police Report Officer Frank Russell stated a letter of concern was issued to The Library, 1220 West Elizabeth, concerning an unreported disturbance. Officer Russell requested a show/cause hearing be scheduled for Ace Li-. quors, 200 East Mountain Avenue, for a violation occurring on October 13, 1983. Authority member Bujack made a motion, to determine that there is probable hearing to be held on December 7, 1983 and Veazie. Nays: None. seconded by Authority member Veazie, cause and scheduled the show/cause Yeas: Acott, Bujack, Long, Sheahan Officer Russell requested a show/cause hearing be scheduled for The Cow Paddy, 169 North College, for a violation occurring on October 16, 1983. Authority member Acott made a motion, to determine that there is probable hearing for December 7, 1983. Yeas Veazie. Nays: None. seconded by Authority member Veazie, cause and scheduled the show/cause Acott, Bujack, Long, Sheahan and Adjournment Authority member Veazie made a motion, seconded by Authority member Acott, to adjourn. The Acting Chairman put the motion which was unanimously adopted. The meeting was adjourned at approximately 10:00 p.m. Secr� V