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HomeMy WebLinkAboutLiquor Licensing Authority - Minutes - 09/16/1981LIQUOR LICENSING AUTHORITY Regular Meeting - September 16, 1981 7:30 P. M. A regular meeting of the Liquor Licensing Authority was held on Wednesday, September 16, 1981, in the Council Chambers of the City of Fort Collins Municipal Building. Roll call was answered by the following members: Bujack, Long, Oldham and Wilson. Authority member absent: Seegmiller. Staff Members Present: Debbie Caster, City Clerk's Office Ken Kirchhoff, Police Department Gregory Denton, City Attorney's Office Minutes of the Regular Meeting of August 19, 1981, Approved as Published Authority member Long made a motion, seconded by Authority member Bujack, to approve the minutes of the regular meeting of August 19, 1981, as pub- lished. The Acting Chairman put the motion which was unanimously adopted. Registration of Manager Chesterfield, Bottomsley and Potts, 1415 W. Elizabeth Mr. David Scott Hudson, 524 South Overland Trail, Fort Collins, Colorado, was sworn and spoke briefly of his background. Mr. Hudson stated he was the bar manager at the Out of Bounds for 3 years. He stated he has been the manager of Chesterfield, Bottomsley and Potts since March, 1980. Mr. Hudson stated he is familiar with the Colorado liquor laws and trains his employees so that they are also aware of the liquor laws. Authority member Bujack made a motion, seconded by Authority member Oldham, to approve the registration of manager on David Scott Hudson for Chesterfield, Bottomsley and Potts, 1415 West Elizabeth, contingent upon a favorable police report from the Colorado Bureau of Investigations. The Acting Chairman put the motion which was unanimously adopted. -2- September 16, 1981 Registration of Manager Fort Ram, 450 N. Linden Mr. Ramsey Myatt, attorney representing the Fort Ram, introduced Mr. Kent Widenmann. Mr. Kent Widenmann, 718 Mathews, Fort Collins, Colorado, was sworn and spoke of his previous work experience. Mr. Widenmann stated he has been employed by the Graduate Restaurants, Inc. for the past 8 1/2 years. He stated in the years he has worked for the Graduate Restaurants he has never received a violation of the liquor laws. Mr. Widenmann explained his procedure used in checking ID's. Authority member Long made a motion, seconded by Authority member Oldham, to approve the registration of manager on Kent W. Widenmann for the Fort Ram, 450 N. Linden, contingent upon a favorable police report. The Acting Chairman put the motion which was unanimously adopted. New Application for Retail Liquor Store license for Wine and Liquor Specials, 2439 South College, Building C, Unit 4 Mr. Ramsey Myatt appeared on behalf of Mr. Stephen Robinson, applicant for the license. Authority member Long made a motion, seconded by Authority member Bujack, to accept the application and set the preliminary hearing for October 14 and the final hearing for November 12, 1981. The Acting Chairman put the motion which was unanimously adopted. Preliminary Hearing for a Retail Liquor Store license for Downtown Liquor Mart, 102 West Olive Street The boundaries as proposed by the administration were as follows: North from the subject premises to Hickory Street extended to Conifer Street. West from the subject premises to Shields Street and City limits. South from the subject premises to W. Pitkin extended to Shields Street. East from the subject premises to Lemay Avenue and City limits. Mr. James Whalen stated the boundaries are acceptable to him. Authority member Long made a motion, seconded by Authority member Bujack, to accept the boundaries as proposed. -3- September 16, 1981 The Acting Chairman put the motion which was unanimously adopted. Preliminary Hearing for a Hotel - Restaurant license for Old Chicago,, 141 South College Avenue The boundaries as proposed by the administration were as follows: North from the subject premises to Hickory Street extended to Conifer Street. West from the subject premises to Shields Street and City limits. South from the subject premises to W. Pitkin extended to Shields Street. East from the subject premises to Lemay Avenue and City limits. Mr. Chris Brown stated the boundaries are acceptable to him. Authority member Bujack made a motion, seconded by Authority member Long, to accept the boundaries as proposed. The Acting Chairman put the motion which was unanimously adopted. Final Hearing for a Tavern license for Laughing Dog Saloon, 3700 South Mason, Unit 16 The Resolution outlining the results of the preliminary hearing was read by title only. Authority member Oldham made a motion, seconded by Authority member Long, to adopt the Resolution as presented. The Acting Chairman put the motion which was unanimously adopted. Mr. Don Weinland, attorney representing the applicant, appeared and called his first witness, Donald May, 612 Rocky Mountain Way, Fort Collins, Colorado, who was sworn. Mr. May stated he and his 'wife are sole stockholders of the corporation, Donald W. May Enterprises, Inc. Mr. May explained that he and his wife are the previous owners of the Library, 1220 West Elizabeth, Fort Collins, where they held a 3.2% fermented malt beverage license. He added that they were never cited for a liquor law violation. Mr. May stated he would like the Laughing Dog Saloon to be a nice neigh- borhood bar. He stated that light snacks will be provided, such as ham- burgers, steaks and salads. Mr. May spoke of the floor plan submitted as Applicant's Exhibit 1. He stated the floor plan is only tentative at this point and that a final floor plan will be submitted at a later date. Mr. -4- September 16, 1981 May stated his bar will accommodate approximately 100-120 people. Mr. May stated he will be the manager at the establishment and stated that he will train his employees. He stated he has an ID checking procedure which will not permit anyone to be served who does not have an ID. Mr. May told the Authority his hours of operation will be from 10 a.m, to 2 a.m. In con- clusion, Mr. May stated there are no other outlets in the neighborhood who have the same type of operation and stated he feels his location will help to make the bar a success. He added that he feels there is a need in the neighborhood for this type of operation. Mr. Weinland called his second witness, Christa Fremgen, 3765 Martin Drive, Boulder, who was sworn. She stated she works for Oedipus, Inc., who is a petitioning firm who conducts liquor licensing surveys. Ms. Fremgen explained how the survey was conducted. She stated the results of the survey indicates that 91.5% of the people contacted are in favor of the liquor license application for Laughing Dog Saloon. She stated 9.85% opposed the license, mainly because it was felt that the needs of the neighborhood are being met. Petitions, marked as Applicant's Exhibit 2, were submitted. Ms. Fremgen stated her opinin of the survey indicates that there is a desire among the neighborhood to have a tavern liquor license at the Laughing Dog Saloon. Authority member Long made a motion, seconded by Authority member Oldham, to approve the granting of the Tavern license for Laughing Dog Saloon, 3700 South Mason, Unit 16, contingent upon a favorable police report from the Colorado Bureau of Investigations. The Acting Chairman put the motion which was unanimously adopted. Final Hearing for a Hotel - Restaurant license for Red Robin Burger and Spirits Emporiums, 215 E. Foothills Parkway, Suite 158 The Resolution outlining the results of the preliminary hearing was read by title only. Authority member Oldham made a motion, seconded by Authority member Long, to adopt the Resolution as presented. The Acting Chairman put the motion which was unanimously adopted. Mr. Dave Osborn, attorney representing the applicant, appeared and called Mr. Mark Oiness, 2622 W. 33rd Circle, Broomfield, Colorado, who was sworn. Mr. Oiness stated he is 50% stockholder in the corporation for Red Robin. Mr. Oiness stated they are proposing to open a full -service, family -or- iented restaurant that provides a medium-priced menu. Brochures, marked as Applicant's Exhibit 4, were submitted. Mr. Oiness stated the Red Robin Burger and Spirits Emporiums Restaurants was developed in Seattle. They -5- September 16, 1981 are in the process of expanding throughout the United States. Exhibit 3, which is a copy of the floor plan, was submitted. Mr. Oiness explained that they have added a greenhouse and patio area since the premises were previously licensed as Act I. He stated the restaurant will seat ap- proximately 200 people. He went on to say that a market survey of the neighborhood was conducted which indicated that another license of this type is necessary in the neighborhood. He added he feels the location within the mall is excellent for their proposed concept. Mr. Oiness stated the restaurant in Seattle is the most succesful Red Robin operation and that it is located within a mall. Petitions, marked as Exhibits 1 and 2, were submitted which contain a total of approximately 460 signatures. It was pointed out that Exhibit 1 con- tains 300 signatures of residents within the neighborhood who signed sup- porting the license. Exhibit 2 contains 160 signatures of businesses within the neighborhood. Mr. Osborn stated that less than 5% of the people contacted refused to sign the petition. The reason they refused was due to religious reasons. Mr. Oiness stated he is familiar with the liquor laws of Colorado. He stated a manager has been hired to operate the business and added that he will be registered within the next few months, as required by State law. Mr. Oiness stated the total number of employees will be approximately 70 people. He stated these people will be trained by the manager and as- sistant manager once they receive their training. He stated his role in the operation is mainly of a supervisory capacity. Authority member Bujack made a motion, seconded by Authority member Long, to approve the granting of the Hotel -Restaurant License for Red Robin Burger and Spirits Emporiums, 215 E. Foothills Parkway, Suite 158, con- tingent upon a favorable police report from the Colorado Bureau of Inves- tigations. The Acting Chairman put the motion which was unanimously adopted. Final Hearing for a Hotel -Restaurant License for Stone Lion Cafe, 100 North College Avenue The Applicant requested to have their application withdrawn. Show/Cause Hearing for Shop N Go, 1330 West Elizabeth Mr. George Ackerman, 171 Harper Street, Louisville, Colorado, was sworn and stated he is the security director of Shop N Go Markets. Officer Ed Schwartz, Police Officer for the City of Fort Collins, was sworn and described briefly what he observed on July 3, 1981, at approximately -6- September 16, 1981 11:04 p.m. He stated he observed a minor, 17 years old, purchase two six packs of Miller Beer at separate times from the clerk at Shop N Go. Officer Schwartz stated the minor and two of his friends were arrested and the clerk was issued a summons to appear in Court. The officer obtained a statement from the clerk that he did not ask the minor for an ID. The employee at Shop N Go was identified as Roy Martinez, who is of age to be employed by the store. Officer Sxhwartz stated the two six packs were placed into evidence and found to have .0321% of ethyl alcohol. Mr. George Ackerman stated he has no rebuttal to the officer's report. Mr. Ackerman submitted Licensee's Exhibit 1, which are copies of the company's policies regarding ID checking procedures including a copy of an examina- tion given to all employees of Shop N Go stores and an explanation of how ColoradoID� are to be checked. Authority member Long made a motion, seconded by Authority member Bujack, to determine that a violation did occur on July 3, 1981, at Shop N Go, 1330 West Elizabeth. The Acting Chairman put the motion which was unanimously adopted. Mr. Ackerman spoke of the action that was taken when they received a violation in Broomfield, Colorado, in December of 1979. He stated the employee cited with the violation was terminated. He stated each store was re-trained regarding the company policy on checking of ID's. Exhibit 2 was submitted, which is a notorized letter from Ken Murray, polygraph examiner of the Fort Collins Police Department. Officer Ken Kirchhoff made no formal recommendation to the Authority. However, he pointed out that several complaints have been received from concerned parents whose children are obtaining beer from the Shop N Go. Authority member Long made a motion, seconded by Authority member Oldham, to suspend the license within 30 days for three consecutive business days, at the convenience of the licensee, and that the premises are to be posted. The Acting Chairman put the motion with the following votes: Yeas: Long, Oldham and Wilson. Nay: Bujack. Show/Cause Hearing for Lemay Liquors, 1045 Garfield (Note: The owner has requested that the Authority table the hearing.) Authority member Oldham made a motion, seconded by Authority member Bujack, to table the show/cause hearing to October 14, 1981. The Acting Chairman put the motion which was unanimously adopted. V -7- September 16, 1981 Final Resolution Adopted Granting a Tavern license for B3, 3524 South Mason The Resolution was read by title only. Authority member Long made a motion, seconded by Authority member Bujack, to adopt the Resolution as presented. The Acting Chairman put the motion which was unanimously adopted. Final Resolution Adopted Granting a Tavern license for ounty Cork. 2439 South Colleae Avenue. Suite 1_ Unit C The Resolution was read by title only. Authority member Long made a motion, seconded by Authority member Bujack, to adopt the Resolution as presented. The Acting Chairman put the motion which was unanimously adopted. Final Resolution Adopted Granting a 3.2% Fermented Malt Beverage license for Pudgy's, 1228 West Elizabeth The Resolution was read by title only. Authority member Long made a motion, seconded by Authority member Bujack, to adopt the Resolution as presented. The Acting Chairman put the motion which was unanimously adopted. Final Resolution Adopted Granting a 3.2% Fermented Malt Beverage license for Eli's Soup and Sausage Kitchen, 1045 Garfield The Resolution was read by title only. Authority member, Long made a motion, seconded by Authority member Bujack, to adopt the Resolution as presented. The Acting Chairman put the motion which was unanimously adopted. Police Report (1) Officer Ken Kirchhoff reported a case from the CSU Police Department regarding sales to an underage person at North College Liquors. Ken stated the Fort Collins Police Department did not collect evidence and therefore cannot testify to the incident. -8- September 16, 1981 The Authority unanimously decided to direct the City Attorney's Office to write a letter to the CSU Police Department inviting the officer who handled the incident to come before the Authority at the October 14, 1981, meeting to discuss the matter further. (2) Officer Ken Kirchhoff informed the Board that on September 5, 1981, at approximately 3:07 a.m. an alleged violation occurred at Spring Creek Runoff, 1006 Spring Creek Lane, involving an employee and his friends drinking on the premises after hours. Officer Kirchhoff recommended a letter be sent to the owner of the establishment expressing the Board's concern over the incident. Authority member Long made a motion, seconded by Authority member Bujack, to direct the City Attorney's Office to write a letter to the owner expressing the Board's concern about the incident and for the owner to contact and speak with officer Ken Kirchhoff regarding the violation. The Acting Chairman put the motion which was unanimously adopted. (3) Officer Ken Kirchhoff informed the Board that on September 6, 1981, at approximately 12:38 a.m. an alleged liquor law violation occurred at Friends II, 142 Linden, involving a patron drinking outside the licensed premises. Officer Kirchhoff recommended a letter be sent to the owner of the establishment expressing the Board's concern over the incident. Authority member Long made a motion, seconded by Authority member Bujack, to direct the City Attorney's Office to write a letter to the owner expressing the Board's concern about the incident. The Acting Chairman put the motion which was unanimously adopted. (4) Officer Ken Kirchhoff stated on September 11, 1981, the Fort Collins Police Department issued 35 summonses for liquor law violations. He stated 55 businesses were contacted and 28 had violations, resulting in 35 summonses. Most of the violations were sales to underage persons. Officer Kirchhoff read the following list of the 28 busi- nesses who received summonses: Ace Liquors, 200 E. Mountain Albertson's Grocery Store, 3660 S. Mason Armadillo Restaurant, 354 Walnut Avagadro's Number, 605 S. Mason Big Cheese Pizza, 2635 S. College Country Store, 1517 Lemay Country Store,.820 S. College Foothills Discount Liquors, 111 W. Monroe G I -9- September 16, 1981 Jefferson Market, 622 N. College Johnny's Liquors, 111 W. Prospect Monte Carlo Lanes, 830 N. College The Moot House, 2626 S. College North College Liquors, 814 N. College Panhandler's Pizza, 1220 W. Elizabeth Paul's Pizza, 1301 W. Elizabeth Pizza Hut, 2631 S. College Pizza Inn, 820 City Park Ponderosa Liquors, 3836 S. College Winstons, 3905 S. College Round the Corner Restaurant, 1221 W. Elizabeth 7-11 Stores 1001 Lemay 7-11 Stores, 3035 W. Prospect Shop N Go Market, 1330 W. Elizabeth Spring Creek Liquors, 1005 W. Stuart Spring Creek Runoff, 1006 Spring Creek Lane Upper Crust Pizza, 2601 S. Lemay The Wine Cellar, 3400 S. College Harmony Road Liquors, 115 E. Harmony Officer Kirchhoff recommended that show/cause hearings be held on each establishment contacted September 11, 1981. Authority member Long made a motion to schedule show/cause hearings for the 28 establishments. Due to lack of a second, the motion died. Authority member Oldham made a motion, seconded by Authority member Bujack, to recess the meeting to a special meeting to be held Friday, September 18, 1981, at 9:00 a.m. so that the Authority can determine what action will be taken on each establishment. The Acting Chairman put the motion which was unanimously adopted. Adjournment The meeting ended at approximately 9:50 p.m. Secretary Acting Chairman 0