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HomeMy WebLinkAboutLiquor Licensing Authority - Minutes - 10/07/1981LIQUOR LICENSING AUTHORITY Special Meeting - October 7, 1981 7:30 P. M. A special meeting of the Liquor Licensing Authority was held on Wednesday, October 7, 1981, in the Council Chambers of the City of Fort Collins Municipal Building. Roll call was answered by the following members: Bujack, Long, Oldham, Seegmiller and Wilson. Staff Members Present: Debbie Caster, City Clerk's Office Ken Kirchhoff, Police Department Pete Ruggiero, City Attorney's Office Show/Cause Hearing for Upper Crust, 2601 South Lemay Avenue Mr. Rock Sorenson, attorney representing Upper Crust at 2601 South Lemay Avenue, requested a continuance of the show/cause hearing on the basis that the owner did not receive notice of the hearing. (Secretary's Note: A notice was mailed certified return receipt requested. However, no receipt was ever returned.) Authority member Bujack made a motion, seconded by Authority member Oldham, to reschedule the show/cause hearing for Upper Crust, 2601 South Lemay Avenue, at the discretion of the City Clerk's Office. The Chairman put the motion which was unanimously adopted. Show/Cause Hearing for Big Cheese Pizza, 2635 South College Avenue Assistant City Attorney Pete Ruggiero stated the Police Department has been unable to contact the witness who will be testifying at this case. Mr. Rock Sorenson, attorney representing Big Cheese Pizza, stated he has no objection to rescheduling the hearing. Authority member Oldham made a motion, seconded by Authority member Bujack, to reschedule the show/cause hearing for Big Cheese Pizza, 2635 South College Avenue, at the descretion of the City Clerk's Office. The Chairman put the motion which was unanimously adopted. (Secretary's Note: The show/cause hearing for Country Store, 1517 Lemay Avenue has been rescheduled to November 12, 1981, at the request of Mr. Donald Johnson, part owner.) -2- October 7, 1981 Show/Cause Hearing for Country Store, 830 South College Avenue Mr. Rock Sorenson, attorney representing Country Store, 830 South College Avenue, stipulated that the amber liquid sold was 3.2% fermented malt beverage and that the sale did in fact occur. Mr. Sorenson stated, how- ever, that they will not stipulate that the sale was made to the individual named in the police report. Officer Ken Kirchhoff called his first witness, Amy Creager. Ms. Amy Creager, was sworn and stated her birth date is 4/1/66 and that she is 15 years old. She explained that she was instructed to enter the Country. Store at 830 South College Avenue and purchase a 6-pack of beer with three dollars given to her by the Police Department. Ms. Creager stated she was to report to the officer the person who sold her the beer. She stated that John Tellez accompanied her in making the purchase. Ms. Creager stated she was not asked for any identification. She also stated that she did not think the store was very busy at the time she made the purchase. Officer Ken Kirchhoff called his second witness, John Tellez. Mr. John Tellez, was sworn and stated his birthdate is 1/10/62 and that he is 19 years old. Mr. Tellez stated he accompanied Ms. Creager-.to- the cooler where she picked out a 6-pack of Budweiser beer. He stated Amy went to the cashiers counter and he went over by the candy. A few minutes after that he stated he went over by the cashiers counter and stood about 2 or 3 feet behind Ms. Creager. After the purchase was made, Mr. Tellez stated they went back outside and reported the information to Officer McKibben. Mr. Tellez stated he had a brief conversation with the cashier. Mr. Tellez stated that Amy Creager purchased the beer. He pointed out Amy Creager in the audience, who previously testified. He stated the store inside was not very busy but that there were about two cars filling up their cars outside at the gas pumps. Officer Ken Kirchhoff called his third witness, Officer McKibben. Officer Robert McKibben, was sworn and stated he is a patrolman with the City of Fort Collins Police Department. Officer McKibben explained his assigned duty for the evening of September 11, 1981. He stated he did not actually see the violation take place inside of the Country Store at 830 South College Avenue. Officer McKibben stated when Ms. Creager exited the store, she gave him the beer and a description of the individual who sold her the beer. He stated he entered the store and issued a summons to the person selling the beer, Laura Linda King. He explained the summons charges the individual for selling beer to a minor. -3- October 7, 1981 Mr. Sorenson called his first witness, Laura King. Ms. King, was sworn, and stated her address as 938 1/2 South Laporte Avenue. Ms. King stated she is currently employed at the Country Store, 830 South College Avenue and was employed there the night of September 11, 1981. Ms. King added that September 11 was her first day of employment, in which she reported to work at 6:30 p.m. She stated the officer issued her with the summons at approximately 9:30 p.m. Ms. King went on to say that she had only received a few hours of previous training and that she had never worked at the store without supervision prior to the evening in question. Ms. King stated that she was busy helping other customers in the store when Ms. Creager and Mr. Tellez entered the store. She pointed out that the beer cooler cannot be seen from where she is at the counter. Ms. King explained that she is responsible for watching people outside getting gas, the computer inside, and helping the customers inside the store. Ms. King stated she did not notice who specifically brought the beer to the counter or who paid because the money was lying on the counter. Ms. King stated that she did not recall who she gave the change to. Ms. King explained that she thought she was selling the beer to Mr. Tellez and that because he appeared to be over 18 years of age, she did not request an ID. When Officer McKibben entered the store, Ms. King stated he entered the store alone. Ms. King stated that the Jordons had explained that it is a store policy to check ID's and that an ID book was shown to her. However, she stated she had not had time to read the book. Ms. King stated she had been carding prior to Ms. Creager and Mr. Tellez but did not card Mr. Tellez because she thought that he was purchasing beer and looked of age. Authority member Wilson made a motion, seconded by Authority member Long, to determine that a violation did occur on September 11, 1981, at the Country Store, 830 South College Avenue. Mr. Rock Sorenson called his second witness, Ralph Jordan. Mr. Ralph Jordan, 1221 South Bryan, was sworn and stated that he has been the owner of the Country Store, 830 South College Avenue, for the last 3 1/2 years. Mr. Jordan stated he has never received a violation. Mr. Jordan spoke of his previous work experience prior to the Country Store. Mr. Jordan stated his employees are instructed to check ID's, even if the person looks of age. Mr. Jordan stated only one or two percent of beer is sold at the store per day. Mr. Jordan explained that Laura King was scheduled to work the evening of September 11,realizing she had not had enough prior experience of working in the store. He stated that he and wis wife attended their daughter's rehearsal dinner that evening which required them to be away from the store. Mr. Jordan explained that this is not the normal procedure in training a new employee. -4- October 7, 1981 Mr. Jordan explained that he has problems with people driving off without paying for their gas so it is essential that the employee try to watch the gas pumps very closely. Mr. Jordan also stated minors attempt to purchase 3.2% beer frequently. Mr. Jordan then stated that an experienced employee could handle the store on their own. He added that the gas pumps can be turned off from the inside if business gets too hectic. Mr. Rock Sorenson asked that the Board keep in mind that the owners have never had a previous violation. Authority member Bujack made a motion for the City Attorney's Office to write a letter of reprimand to the owners of the Country Store, 830 South College Avenue. The motion died due to lack of second. Authority member Long made a motion, seconded by Authority member Wilson, to suspend the license within 30 days for three consecutive business days, at the convenience of the licensee. The Chairman put the motion with the following votes: Yeas: Long, Seeg- miller, Oldham and Wilson. Nays: Bujack. Adjournment Authority member Oldham made a motion, seconded by Authority member Wilson, to adjourn. The meeting was adjourned at approximately 8:30 p.m. Chairman Secretary