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HomeMy WebLinkAboutLiquor Licensing Authority - Minutes - 08/29/1983A_ LIQUOR LICENSING AUTHORITY Special Meeting - August 29, 1983 7:30 P.M. A special meeting of the Liquor Licensing Authority was held on Monday, August 29, 1983, in the Council Chambers of the City of Fort Collins Muni- cipal Building. Roll call was answered by the following members: Bujack, Long, Monaghan, Veazie and Wilson. Authority Members Absent: Acott and Sheahan Staff Members Present: Debbie Caster, City Clerk's Office Ken Frazier, City Attorney's Office Frank Russell, Police Department Show/Cause Hearing Saddle -Up Liquors, 1015 South Taft Hill Road Mr. Rock Sorenson, attorney representing the licensee, stated the owner is willing to stipulate to the facts contained in the police report. Assistant City Attorney Ken Frazier stated that on August 8, 1983, an employee of Saddle -Up Liquors sold a six pack of malt liquor to a minor. He noted that the Police Department is recommending a two-day suspension. Authority member Long made a motion, seconded by Authority member Bujack, to determine that a violation did occur at Saddle -Up Liquors, 1015 South Taft Hill Road. Yeas: Bujack, Long, Monaghan, Veazie, and Wilson. Nays: None. Mr. Rock Sorenson stated the employee who sold the beer has been termi- nated. He stated it is the policy of the store to terminate any employee who violates the liquor laws in respect to selling liquor to a minor. He asked the Authority to consider that the establishment was checked during the spot checks made in September of 1981 and not found in violation. Mr. Sorenson stated that he feels therecommended two-day suspension is too harsh. In response to a question by the Authority, Officer Russell indicated that there have been three past violations according to the City Clerk's rec- ords. It was noted that each violation was for selling liquor to a minor. Mr. Sorenson stated he occurred in 1978, 1979, license since 1977. feels these past violations are remote since they and 1980. It was noted that the owner has had his -2- August 29, 1983 Mr. Craig Rose, owner, was sworn and stated he reviews the liquor laws with his employees every 2nd or 3rd day. He went on to say that it is required to produce a Colorado driver's license or picture ID. Mr. Rose stated he gives a $10 reward to each employee that catches a fake ID. He also stated it is not the policy of the store to give customers the benefit of the doubt. Assistant City Attorney Ken Frazier stated that the police officer's report states that the cadet was asked for identification. After the cadet stated he did not have his ID with him, the employee stated, "I better not do this, but I'll go ahead and sell it to you this time. I'll probably get burned by my manager." Authority member Long stated he feels there has been too many violations in the past. He stated he feels violations occur when an employee is not properly trained, when the owner is not aware of the employee's actions, or when neither the owner or the employee care. On that basis, Mr. Long made a motion, seconded by Authority member Monaghan, to levy a five-day suspen- sion to be served on five consecutive business days within the next 30 days at the convenience of the licensee and that the premises be posted. Yeas; Bujack and Long. Nays: Monaghan, Veazie, and Wilson. THE MOTION FAILED. Authority member Veazie stated he feels a five-day suspension is too severe. He stated that it is his personal opinion that liquor stores have more of a responsibility in selling liquor than restaurants do since it is their primary source of income. On that basis, Mr. Veazie made a motion, seconded by Authority member Monaghan, to levy a two-day suspension to be served on two consecutive business days within the next 30 days at the convenience of the licensee and that the premises be posted. Authority member Long stated he feels that a stronger penalty is needed since this is the fourth violation for the establishment selling to a minor. Authority member Veazie stated he is making the motion for a two-day suspension on the basis of the establishments past history. He noted that had the store had no past history of violations, he feels a one -day suspen- sion would be in order. Authority member Wilson stated it has been three years since the past violation. In addition, she stated the establishment has not always been caught in past spot compliance checks. Authority member Monaghan stated he is disturbed with the employee's comment. He suggested that the owner re -do the house policies with respect to checking ID's. 0 -3- The motion was put with the following votes: Yeas Veazie. Nays: Long and Wilson. Show/Cause Hearing for Pit Stop Liquors, 315 Riverside This item was tabled to later in the meeting. August 29, 1983 Bujack, Monaghan, and Show/Cause Hearing for Pringle Brothers Fine Wine and Spirits, 2170 West Drake Road Assistant City Attorney Ken Frazier stated the licensee is willing to stipulate to the facts contained in the police report. Mr. Frazier stated that on August 8, 1983, at approximately 2:34 p.m., an employee of the liquor store sold liquor to a minor. He stated the Police Department is recommending a one -day suspension of the license. Authority member Bujack made a motion, seconded by Authority member Veazie, to determine that a violation did occur at Pringle Brothers Fine Wine and Spirits, 2170 West Drake Road. Yeas: Bujack, Long, Monaghan, Veazie, and Wilson. Nays: None. Mr. Phil Pringle, co-owner and general partner, was sworn and stated that the day of the violation (August 8, 1983) was the employee's last day of employment. He stated he had warned his employees that a police check was probably going to occur soon and to check for all ID's. It was noted that this employee had missed every employee meeting but one. Mr. Pringle stated he is aware that he mace a mistake in not disciplining the employee and apologized for the violation. Authority member Monaghan stated he feels there was perhaps a management problem, which the licensee is responsible for. He stated he would like to see action taken to correct the management problem. On that basis, Mr. Monaghan made a motion, seconded by Authority member Long, to levy a one -day suspension to be served on a business day within the next 30 days at the convenience of the licensee and that the premises be posted. Yeas: Bujack, Long, Monaghan, Veazie, and Wilson. Nays: None. Show/Cause Hearing for Pit Stop Liquors, 315 Riverside Assistant City Attorney Ken Frazier stated the licensee is willing to stipulate to the facts contained in the police report. It was noted that on August 8, 1983, at 3:37 p.m., the owner of the establishment sold a six-pack of beer to a minor. He stated the Police Department is recom- mending a one -day suspension of the license. -4- August 29, 1983 Authority member Bujack made a motion, seconded by Authority member Veazie, to determine that a violation did occur at Pit Stop Liquors, 315 Riverside. Yeas: Bujack, Long, Monaghan, Veazie, and Wilson. Nays: None. Mr. Michael Hill, owner, was sworn and explained that the day of the violation (August 8, 1983) the Fire Department was conducting an annual inspection which caused confusion. Mr. Hill stated he was flustered with all the activity and failed to check for the person's ID. Mr. Hill stated it is the policy of the store to terminate any employee who violates the liquor laws. Authority member Wilson stated her concern with the business being fairly lax in checking for ID's. Authority member Monaghan stated his concern with the onwer selling liquor to a minor. Mr. Monaghan then made a motion, seconded by Authority member Bujack, to levy a one -day suspension to be served on a business day within the next 30 days at the convenience of the owner and that the premises be posted. Yeas: Bujack, Long, Monaghan, Veazie, and Wilson. Nays: None. Show/Cause Hearing for Sportsman Bar, 210 Walnut Assistant City Attorney Ken Frazier called Officer Krenning to the stand. Officer Troy Krenning was sworn and stated he is an officer with the Fort Collins Police Department and has been so employed since March 21, 1983. He stated that on July 30, 1983, at approximately 2:48 a.m., he was on duty in the vicinity of the bar located at 210 Walnut. Officer Krenning stated he observed two individuals inside the bar who appeared to be drinking. He noted that the lights were not turned on. Officer Krenning stated he entered the establishment and determined that the beverage was an alcoholic beverage. He stated he made this determination by the smell of the bever- age and the comments received from the individuals. Mr. Cliff Holtcamp, owner, was sworn and stated the employee has been suspended without pay. He noted that the individual has been a long-term employee who has never received any violations. Mr. Holtcamp stated he realizes it is his responsibility and assured the Authority he will take corrective action. In response to a question by the Board, Officer Krenning stated he did not have the contents of the alcoholic beverage analyzed. Assistant City Attorney Ken Frazier remarked that it is not mandatory for evidence to be analyzed or introduced at the liquor hearings. -5- August 29, 1983 Authority member Long made a motion, seconded by Authority member Veazie, to determine that a violation did occur at the Sportsman Bar, 210 Walnut. Yeas: Long, Veazie, and Wilson. Nays: Bujack and Monaghan. Assistant City Attorney Ken Frazier stated the Police Department is recom- mending a one -day suspension of the license. Authority member Monaghan made a motion, seconded by Authority member Bujack, to give no sanction based on the circumstances presented. Yeas: Bujack and Monaghan. Nays: Long, Veazie, and Wilson. THE MOTION FAILED. Authority member Long made a motion to direct the City Attorney's office to issue a strongly worded letter of reprimand to Sportsman Bar, 210 Walnut. THE MOTION DIED FOR LACK OF A SECOND. Authority member Veazie made a motion, seconded by Authority member Wilson, to levy a one -day suspension to be served on a business day within the next 30 days at the convenience of the owner and that the premises be posted. Yeas: Long, Veazie, and Wilson. Nays: Bujack and Monaghan. Show/Cause Hearing for Downtown Liquor Mart, 102 West Olive Assistant City Attorney Ken Frazier stated the licensee is willing to stipulate to the facts contained in the police report. He stated that on August 8, 1983, at approximately 3:37 p.m. an employee of the store sold liquor to a minor. It was noted that the Police Department is recommending a one -day suspension of the license. Authority member Bujack made a motion, seconded by Authority member Long, to determine that a violation did occur at Downtown Liquor Mart, 102 West Olive. Yeas: Bujack, Long, Monaghan, Veazie, and Wilson. Nays: None. Mr. James Whalen, general manager and owner, was sworn and submitted Respondent's Exhibit 1 which was identified as written comments by Mr. Whalen. Mr. Whalen stated his employees have been warned that their jobs will be in jeopardy if they sell to a minor. He pointed out that a copy of the liquor code is kept under the counter for employees' reference. Mr. Whalen also stated his employees have attended a seminar on the liquor laws. It was pointed out that the employee of the liquor store has re- signed. Mr. Whalen asked the Authority to consider that this is the store's first violation and stated that a suspension would cause undue hardship to the business. -6- August 29, 1983 Authority member Bujack made a motion to direct the City Attorney's office to issue a letter of reprimand to Downtown Liquor Mart, 102 West Olive. THE MOTION DIED FOR LACK OF A SECOND. Authority member Veazie made a motion, seconded by Authority member Long, to levy a one -day suspension to be served on a business day within the next 30 days at the convenience of the owner and that the premises be posted. Yeas: Long, Monaghan, Veazie, and Wilson. Nays: Bujack. Show/Cause Hearing for Spring Creek Liquors, 1005 West Stuart Assistant City Attorney Ken Frazier stated the licensee is willing to stipulate to the facts contained in the police report. He stated, speci- fically on August 8, 1983, at approximately 2:49 p.m., the owner of the store sold a six-pack of malt liquor to a minor. The Police Department is recommending a one -day suspension of the license. Mr. Otis Beach, attorney representing the licensee, stated that the estab- lishment has been checked in two previous compliance checks and found not to be in violation. He also noted that Mrs. Jones has never had any past violations. Authority member Bujack made a motion, seconded by Authority member Veazie, to determine that a violation did occur at Spring Creek Liquors, 1005 West Stuart. Yeas: Bujack, Long, Monaghan, Veazie, and Wilson. Nays: None. Mr. Beach .stated Mrs. Jones' duties are management type duties such as ordering and inventory. He noted that she does not ring up sales of purchase. Mr. Beach also noted that the license is scheduled to be trans- ferred on September 14, 1983. In closing, Mr. Beach asked the Authority to consider sending a letter of reprimand. Mrs. Jones, owner, was sworn and explained that she is not accustomed to running the cash register. She noted it is her policy for all employees to check ID for anyone looking under the age of 40. Authority member Monaghan noted that the violation under consideration will not affect the Authority's consideration of the transfer of ownership. Authority member Monaghan made a motion to levy a one -day suspension to be served on a business day within the next 30 days at the convenience of the owner and that the premises be posted. Authority member Veazie seconded the motion with the amendment that the one -day suspension be served within the next 14 days, prior to the transfer of ownership which is scheduled for September 14. -7- August 29, 1983 Authority member Monaghan stated the amendment was friendly to his motion. The motion was put to vote as follows: Yeas: Bujack, Long, Monaghan, Veazie, and Wilson. Nays: None. Show/Cause Hearing for Wine and Liquor Specials, 2439 South College Avenue Assistant City Attorney Ken Frazier indicated that the licensee is willing to stipulate to the facts contained in the police report. He stated that on August 8, 1983, at approximately 2:00 p.m., an employee of the store sold a six-pack of malt liquor to a minor. He noted that the Police Department is recommending a one -day suspension of the license. Authority member Bujack made a motion, seconded by Authority member Veazie, to determine that a violation did occur at Wine and Liquor Specials, 2439 South College Avenue. Yeas: Bujack, Long, Monaghan, Veazie, and Wilson. Nays: None. Mr. Ramsey Myatt, attorney representing the licensee, stated the owner, Mr. Steve Robinson, and his wife operate and manage the store. He noted that the employee who sold liquor to the minor is the assistant manager. Mr. Ramsey stated this employee was not terminated, but noted that he was warned. On the basis that this is the store's first violation, Mr. Ramsey recommended the Authority issue a letter of reprimand. Mr. Steve Robinson, owner, was sworn and stated his employee made a mis- take. He stated that it is very difficult to achieve 100% compliance from employees. Mr. Robinson stated he conducts employee meetings on a monthly basis to review liquor laws, etc. Authority member Monaghan stated he achievable from employees. He noted age of customers by visual inspection. feels there are standards which are that employees are able to determine Mr. Robinson replied that people have varying degrees of judging ages. He then asked the Authority to consider issuing a letter of reprimand. Authority member Veazie made a motion, seconded by Authority member Mona- ghan, to levy a one -day suspension to be served on a business day within the next 30 days at the convenience of the owner and that the premises be posted. Yeas: Bujack, Long, Monaghan, Veazie, and Wilson. Nays: None. -8- August 29, 1983 Show/Cause Hearing for Save Way Gas and Grocery, 710 East Magnolia Assistant City Attorney Ken Frazier stated that the licensee is willing to stipulate to the facts contained in the police report. He stated that on August 8, 1983, at approximately 2:05 p.m., an employee of the store sold a six-pack of beer to a minor. It was noted that the Police Depart- ment is recommending a one -day suspension of the license. Authority member Long made a motion, seconded by Authority member Veazie, to determine that a violation did occur at Save Way Gas and Grocery, 710 East Magnolia. Yeas: Bujack, Long, Monaghan, Veazie, and Wilson. Nays: None. Mr. Chris Tompkin, district manager for Venta, Inc., was sworn and stated there have been no prior violations. He discussed the Employee's Policy Manual, which addresses the Colorado Beer Laws. He noted that each em- ployee is required to study the manual and then sign a form indicating that they understand the manual. Mr. Tompkin noted that it is policy to termi- nate any employee for a violation of the manual. He stated that this employee was not terminated, but explained that disciplinary action is being taken. Mr. Tompkin stated Venta, Inc. will conduct their own compli- ance checks on occasion. He asked the Authority to consider issuing a letter of reprimand. Authority member Monaghan made a motion, seconded by Authority member Veazie, to levy a one -day suspension to be served on a business day within the next 30 days and that the premises be posted. Authority member Bujack stated he feels the establishment has a very good record and.that a suspension would be too severe in this case. Authority member Wilson concurred. The motion was put to vote as follows: Yeas: Monaghan and Veazie. Nays: Bujack, Long, and Wilson. THE MOTION FAILED. Authority member Bujack made a motion, seconded by Authority member Long, to direct the City Attorney's Office to issue a letter of reprimand to Save Way Gas and Grocery, 710 East Magnolia. Yeas: Bujack, Long, and Wilson. Nays: Monaghan and Veazie. Show/Cause Hearing for Handi-Pak, 1311 North College Avenue Assistant City Attorney Ken Frazier stated that the licensee is willing to stipulate to the facts contained in the police report. Specifically, s • -9- August 29, 1983 on August 8, 1983, an employee sold a six-pack of beer to a minor. It was noted that the Police Department is recommending 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 Handi-Pak, 1311 North College Avenue. Yeas: Bujack, Long, Monaghan, Veazie, and Wilson. Nays: None. Mr. Bill Hibdgn, owner, was sworn and stated that this is the first viola- tion the store has ever had. He explained that he has a total of five employees. He added that he tells his employees each and every day to check for ID's. Mr. Hibdon stated he feels a one -day suspension would be too harsh. Authority member Bujack stated he feels this establishment has had a good record over the years. On that basis, Mr. Bujack made a motion, seconded by Authority member Long, to direct the City Attorney's Office to issue a letter of reprimand to Handi-Pak, 1311 North College Avenue. Yeas: Bujack, Long, Veazie, and Wilson. Nays: Monaghan. Show/Cause Hearing for Sam's Old Town Ballroom, 162 Linden Assistant City Attorney Ken Frazier stated the owner is willing to stipu- late to the facts contained in the police report. Specifically, on July 16, 1983, at approximately 11:20 p.m., an employee of the bar was unable to produce the liquor license. It was noted that the Police Department is recommending a letter of reprimand. Authority member Bujack made a motion, seconded by Authority member Long, to determine that a violation did occur at Sam's Old Town Ballroom, 162 Linden. Yeas: Bujack, Long, Monaghan, Veazie, and Wilson. Nays: None. Mr. Steve Ackerman, owner, was sworn and stated the license has not been displayed on the wall since February, 1983. Mr. Ackerman stated he knows the license is to be posted. Authority member Bujack made a motion, seconded by Authority member Long, to direct the City Attorney's Office to issue a letter of reprimand to Sam's Old Town Ballroom, 162 Linden. Yeas: Bujack, Long, Monaghan, Veazie, and Wilson. Nays: None. Other Business Officer Frank Russell stated he will notify the media to publicize the hearings as requested by the Authority. -10- August 29, 1983 Assistant City Attorney Ken Frazier reminded the Authority that each hearing needs to be considered separately. In regard to the question of evidence being introduced into the hearings, Ken stated evidence is not required to be submitted since the meetings are only administrative hear- ings. Adjournment Authority member Bujack made a motion, seconded by Authority member Mona- ghan, to adjourn. The meeting was adjourned at approxi ately 10:45 p.m.. Chairperson " � .� S tary