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HomeMy WebLinkAboutLiquor Licensing Authority - Minutes - 08/19/1981LIQUOR LICENSING AUTHORITY Regular Meeting - August 19, 1981 7:30 P. M. A regular meeting of the Liquor Licensing Authority was held on Wednesday, August 19, 1981, in the Council Chambers of the Fort Collins Municipal Building. Roll call was answered by the following members: Bujack, Long, Oldham, and Seegmiller. (Secretary's note: Authority member Wilson arrived at approximately 8:00 P.M.) 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 July 22, 1981, Approved as Published Authority member Bujack made a motion, seconded by Authority member Oldham, to approve the minutes of the regular meeting of July 22, 1981, as pub- lished. The Chairman put the motion with the following votes: Yeas: Authority members Bujack, Long and Oldham. Abstain: Chairman Seegmiller. The minutes were approved as published 3-0-1. Registration of Manager Approved for La Fonda de Acebo, 2925 South College Avenue Mr. Edward Marzano, 1715 Park Street, was sworn and stated he has been with La Fonda de Acebo for the last 4 1/2 years. He stated he has been with the Fort Collins restaurant for 2 1/2 years. Mr. Marzano added that he is solely responsible for the operation of the restaurant. He added that he is familiar with the liquor laws of Colorado. Authority member Bujack made a motion, seconded by Authority member Long, to approve the registration of manager for Edward Marzano at La Fonda de Acebo, 2925 South College Avenue, contingent upon a favorable police report from the Colorado Bureau of Investigations. The Chairman put the motion with the following votes: Yeas: Authority members Bujack, Long, Oldham and Seegmiller. August 19, 1981 Transfer of Ownership Approved for The Coddler Restaurant (The Hoard House), 934 Lemay Avenue Mr. James Parrish, 1305 Parkwood #107, Fort Collins, Colorado, was sworn and stated that he has purchased the Hoard House and plans to operate an egg specialty house. He stated he will serve breakfast, lunch and dinner and be open from 6:30 a.m. to 10:00 p.m. Monday through Friday and from 6:30 a.m, to midnight on Saturday and Sunday. Mr. Parrish stated he is doing no major structural changes to the restaurant but that he is putting in new carpet and changing the decor of the restaurant. Mr. Parrish stated he and his wife will be the managers operating the restaurant and stated they are both familiar with the Colorado liquor laws. He added that he purchased the building with his own money. Authority member Bujack made a motion, seconded by Authority member Oldham, to approve the transfer of ownership for The Coddler Restaurant, 934 Lemay Avenue, from Herbert Hoard to Parrish Enterprises, Inc., contingent upon a favorable police report from the Colorado Bureau of Investigations. The Chairman put the motion with the following votes: Yeas: Authority members Bujack, Long, Oldham and Seegmiller. New Application Accepted for a Hotel -Restaurant License for Old Chicago, 141 South College Avenue Authority member Bujack made a motion, seconded by Authority member Long to accept the application and set the preliminary hearing for September 16 and the final hearing for October 14, 1981. The Chairman put the motion with the following votes: Yeas: Bujack, Long, Oldham and Seegmiller. New Application Accepted for a Retail Liquor Store License for Downtown Liauor Mart. 102 West Olive Street Authority member Long made a motion, seconded by Authority member Oldham, to accept the application and set the preliminary hearing for September 16 and the final hearing for October 14, 1981. The Chairman put the motion with the following votes: Yeas: Bujack, Long, Oldham and Seegmiller. -2- August 19, 1981 Preliminary Hearing for a Tavern License for Laughing Saloon. 3700 South Mason. Unit 16 The boundaries as proposed by the administration were as follows: North from the subject premises to West Drake Road West from the subject premises to South Shields Street South from the subject premises to Harmony Road and city limits East from the subject premises to Lemay Avenue Mr. Donald May stated the boundaries are acceptable to him. Authority member Bujack made a motion, seconded by Authority member Oldham, to accept the boundaries as proposed. The Chairman put the motion with the following votes: Yeas: Authority members Bujack, Long, Oldham and Seegmiller. Preliminary Hearing for a Hotel -Restaurant License for Red Robin Burger and Spirits Emporium, 215 East Foothills Parkway The boundaries as proposed by the administration were as follows: North from the subject premises to Columbia Road extended south to Shields Street West from the subject premises to Shields Street South from the subject premises to Harmony Road East from the subject premises to Lemay Avenue Mr. Mark Oiness stated the boundaries are acceptable to him. Authority member Long made a motion, seconded by Authority member Bujack, to accept the boundaries as proposed. The Chairman put the motion with the following votes: Yeas: Authority members Bujack, Long, Oldham and Seegmiller. Final Hearing for a Tavern License for 83, 3524 South Mason The Resolution outlining the results of the preliminary hearing was read by title only. -3- August 19, 1981 Authority member Long made a motion, seconded by Authority member Bujack, to adopt the Resolution as presented. The Chairman put the motion with the following votes: Yeas: Authority members Bujack, Long, Oldham, and Seegmiller. Mr. Raymond Hale, attorney representing the applicant, appeared and pre- sented the floor plan and a copy of the menu as exhibits. Mr. Hale then called Mr. John Archer as his first witness. Mr. John Archer, 1013 Glenmoor, Fort Collins, Colorado, was sworn and stated he is the owner of 63, which has been open approximately 2 years and currently holds a 3.2% fermented malt beverage license. Mr. Archer explained that the reason he is changing the license to a tavern license is due to the requests from his customers to serve hard liquor and wine. He stated no major changes are being made to the premises or in the operation of the business. Mr. Archer explained that he is proposing to let minors in the establishment until 6 p.m. He stated ID's will be checked at the door and at the bar should there be any doubt in a persons age. He stated his hours of operation will be from 11 a.m. to 2 a.m. In closing, Mr. Archer stated he is familiar with the liquor laws of the State of Colorado. He also stated he feels a tavern license will better meet the needs and desires of the neighborhood. Mr. Max Scott, 2902 5th, Boulder, Colorado, was sworn and stated he is with Oedipus, Inc., a petitioning firm in Boulder. Mr. Scott presented and explained the summary report and petitions circulated by his firm. Mr. Scott stated the total number of signatures obtained in support of the license was 588. He added that approximately 91% of the people contacted favored the issuance of the license and 9% opposed. Mr. Hale called the following people who were sworn before expressing support for the application: 1. Mr. Ed Ecklund, 1013 Knobcone Place, Loveland, Colorado, business owner within the defined neighborhood. 2. Mr. Gene Vorce, 1124 Ponderosa, Fort Collins, Colorado, business owner within the defined neighborhood. 3. Mr. Larry Baker, 3348 Gunnison Avenue, Fort Collins, Colorado, resident within the defined neighborhood. 4. Mr. Dana Geyer, 3424 Hampton Drive, Fort Collins, Colorado, resident within the defined neighborhood. -4- August 19, 1981 Authority member Bujack made a motion, seconded by Authority member Oldham, to approve the granting of the tavern license for B3, 3524 South Mason, contingent upon a favorable police report from the Colorado Bureau of Investigations. The Chairman put the motion with the following votes: Yeas: Bujack, Long, Oldham and Seegmiller. Final Hearing for a Tavern License for County Cork, 2439 South College Avenue, Suite 1, Unit C 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 Resolution as presented. The Chairman put the motion with the following votes: Yeas: Authority members Bujack, Long, Oldham, Seegmiller, and Wilson. Mr. Ramsey Myatt, attorney representing the applicant for County Cork, appeared and called his first witness, Mr. Jake Maas. Mr. J. Kevin Maas, 222 North Lyons, Fort Collns, Colorado, was sworn and stated that he is 50% partner in the business along with his father, Jerry Maas. Mr. Maas spoke briefly of his background in the restaurant and bar business. He stated he held a liquor license in the state of California in which he had no violations, suspensions, etc. Mr. Maas explained that the theme of their proposed business will be an Irish Pub with sandwiches, snacks and drinks available. He stated the' entertainment will consist of dart games. The hours of operation will be from 11 a.m, to 1 a.m. Monday through Thursday, 11 a.m. to 2 a.m. Friday and Saturday, and from 11 a.m. to midnight on Sunday. Mr. Maas went on to say that the seating capacity will consist of 120 seats. He added that they obtained a good deal of money from their operation in California to purchase this business. Mr. Maas stated he and his father will both be responsible for the operation of the business. He added that they have an ID checking procedure and that he and his father are aware of the Colorado liquor laws. He stated the overall reaction from the neighborhood and businesses was favorable and submitted petitions containing approximately 1160 signatures. Mr. Maas stated a few people denied signing the petitions mainly due to religious beliefs and apathy in general. Mr. Maas stated, in closing, that the existing estab- lishments are not meeting the needs of the neighborhood. Authority member Bujack made a motion, seconded by Authority member Oldham, to approve the granting of the tavern license for County Cork, 2439 South -5- August 19, 1981 College Avenue, Suite 1, Unit C, contingent upon a favorable police report from the Colorado Bureau of Investigations. The Chairman put the motion with the following votes: Yeas: Authority members Bujack, Long, Oldham, Seegmiller and Wilson. Final Hearing for a 3.2% Fermented Malt Beverage License for Pudgy's, 1228 West Elizabeth Mr. Gordon Smith, 1919 Avery Court, Fort Collins, Colorado, was sworn and spoke briefly of his background. Mr. Robert Gleason, 2931 Silverwood, Fort Collins, Colorado, was also sworn and spoke of his background. Mr. Smith explained the operation of the restaurant. He stated presently he and Mr. Gleason are not partners of the franchise of Pugdy's in New Orleans. He added that the main entree of the restaurant will be a one - pound baked potatoe with several different toppings to choose from. However, he stated other foods such as soups and salads will be available. A menu was submitted as an exhibit. Mr. Smith stated that the seating capacity of the restaurant will accommodate 88 people. He added that a new building is being constructed in which they will occupy by mid -October. Mr. Gleason stated that they will only serve 3.2% beer with meals. He added that their proposed hours of operation will be from 11 a.m. to 10 p.m. but added that they may change their hours to be open later. Mr. Gleason went 'on to say that the business will be managed by himself, his wife and Mr. and Mrs. Smith, all partners in the business. In addition, he stated their children, who attend college, will also work at the res- taurant. Mr. Gleason went on to say that they are leasing the premises and buying the fixtures and equipment from Nobel Corporation in Denver. Mr. Smith presented petitions circulated on behalf of the application. Mr. Gleason stated both himself and Mr. Smith circulated the petitions. He added that they received an overwhelming response from the neighbors in support of their license. A total of 320 signatures were received. The only reasons for refusal to sign the petitions were due to the fact that those people did not drink. Authority member Bujack made a motion, seconded by Authority member Oldham, to approve the granting of the 3.2% fermented malt beverage license for Pudgy's, 1228 West Elizabeth, contingent upon a favorable police report from the Colorado Bureau of Investigations. • August 19, 1981 The Chairman put the motion with the following votes: Yeas: Authority members Bujack, Long, Oldham, Seegmiller, and Wilson. Final Hearing for a 3.2% Fermented Malt Beverage License for Eli's Soup and Sausage Kitchen, 1045 Garfield Assistant City Attorney Greg Denton informed the Authority that the peti- tions lack the notorized statements, which are required on petitions for 3.2% fermented malt beverage applications. The Authority decided to hold the hearing and review the petitions at this time. The Authority also decided to admit the petitions as evidence at next month's hearing once the petitions are in proper form. Mr. David Miller, 3721 South County Road #5, Timnath, Colorado, was sworn and spoke of other 3.2% fermented malt beverage licenses he holds in Colorado. He stated he has never had a violation at any establishment. Mr. Randy Morgan, 3313 West Vine Drive, Fort Collins, Colorado, was sworn and spoke briefly of his background. He explained that Eli's has been open since mid -June and that their hours are from 10:30 a.m. to 7:30 p.m. He added that these hours may be changed to stay open later on the weekends. Mr. Morgan spoke briefly of the menu which consists of sandwiches, soups and a yogurt and fruit bar. He stated the restaurant seats approximately 63 people. Mr. Morgan explained that they will require an ID from each individual looking to be under the age of 18. He stated he and Mr. Miller are partners in the business but that he is the manager. In Mr. Morgan's absence, he stated there are other employees who are trained to be acting manager. Petitions which were circulated on behalf of the application were reviewed by the Authority. Mr. Miller stated they received approximately 250 signatures from just the residential area of the defined neighborhood. Mr. Miller stated the overall reaction from the neighborhood was favorable and further stated 93.3% of the total poeple contacted favored the license. Some people opposed the license due to religious beliefs and a few opposed because they felt the needs of the neighborhood were being met. Authority member Bujack made a motion, seconded by Authority member Oldham, to approve the granting of the 3.2% fermented malt beverage license, contingent upon a favorable police report from the Colorado Bureau of Investigations and provided the petitions are submitted in proper form. The Chairman put the motion with the following votes: Yeas: Authority members Bujack, Long, Oldham, Seegmiller, and Wilson. -7- August 19, 1981 Other Busine In reference to the case report submitted by the CSU Police Department (copy on file in the City Clerk's Office), the Authority decided to hold an informal hearing to discuss the matter with Rich's Aggie Discount Liquors. The Authority asked that Officer Hartman from CSU be invited to attend the hearing and that a letter be sent to Rich's Aggie Discount Liquors. Chairman Seegmiller made a motion, seconded by Authority member Oldham, to schedule an informal hearing for Rich's Aggie Discount Liquor for October 14, 1981. The Chairman put the motion with the following votes: Yeas: Bujack, Long, Oldham, Seegmiller, and Wilson. Adjournment Authority member Long made a motion, seconded by Authority member Oldham, to adjourn. The meeting was adjourned at aproximately 9:45 p.m. Secretary Chairman me