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HomeMy WebLinkAboutLiquor Licensing Authority - Minutes - 07/22/1981LIQUOR LICENSING AUTHORITY Regular Meeting - July 22, 1981 7:30 P. M. A regular meeting of the Liquor Licensing Authority was held on Wednesday, July 22, 1981, in the Council Chambers of the City of Fort Collins Muni- cipal 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 June 24, 1981, Approved as Published Authority member Long made a motion, seconded by Authority member Bujack, to approve the minutes of the regular meeting of June 24, 1981, as pub- lished. The Acting Chairman put the motion which was unanimously adopted. Renewal Approved for B3, 3524 South Mason Officer Ken Kirchhoff stated two violations have occurred at B3 in May of 1980 and May of 1981. He stated the show/cause hearing on tonight's agenda will address the incident that occurred on May of 1981. Authority member Bujack made a motion, seconded by Authority member Long, to approve the renewal for B3, 3524 South Mason. The Acting Chairman put the motion which was unanimously adopted. Change in Trade Name Approved for Winston's, 3905 South College Avenue Mr. Ron Rusnak, 425 East Magnolia, Fort Collins, was sworn and stated they changed the menu and their name from The Prime Minister to Winston's. Although they have done some remodeling, no structural changes have been made. He added that they have increased the number of employees and are now open for lunch. Mr. Rusnak stated these new employees have been trained and informed of the liquor laws in Colorado. I -2- July 22, 1981 Authority member Long made a motion, seconded by Authority member Bujack, to approve the change in trade name from The Prime Minister to Winston's. The Acting Chairman put the motion which was unanimously adopted. Extended Hours Approved for Kimsev's. 214 Linden Mr. Gary Kimsey, 219 North Meldrum, Fort Collins, was sworn and stated he is requesting extended hours in order to serve after 8 p.m. on Sundays. Gary stated this would enable him to have entertainment on Sundays after 8 p.m. Authority member Bujack made a motion, seconded by Authority member Long, to approve the extended hours for Kimsey's, 214 Linden. The Acting Chairman put the motion which was unanimously adopted. Expansion of Premises found not to be substantial for The Moot House, 2626 South Colleqe Avenue Mr. David Campbell, 65 Fox Court, Boulder, Colorado, was sworn and stated they are expanding their seating capacity by 40-45 seats. He stated they intend to open for lunch starting September 15, 1981. Authority member Bujack made a motion, seconded by Authority member Oldham, to determine that the expansion is not substantial. The Acting Chairman put the motion with the following votes: Yeas: Authority members Bujack, Oldham and Wilson. Nays: Authority member Long. The expansion was approved 3-1. New Application Accepted for a 3.2% Fermented Malt Beverage License for Pudgy's, 1228 West Elizabeth Mr. Gordon Smith stated the boundaries proposed by the administration are acceptable to him. Authority member Bujack made a motion, seconded by Authority member Oldham to accept the application, to accept the boundaries as proposed by the administration and to set the final hearing for August 19, 1981. -3- July 22, 1981 The Acting Chairman put the motion which was unanimously adopted. New Application Accepted for a Tavern license for Laughing Dog Saloon, 3700 South Mason, Unit 16 Authority member Long made a motion, seconded by Authority member Bujack, to accept the application and set the preliminary hearing for August 19 and the final hearing for September 16, 1981. The Acting Chairman put the motion which was unanimously adopted. New Application Accepted for a Hotel -Restaurant license for Red Robin and Spirits Emporiums, 215 East Foothills Parkway, Suite 158 Authority member Long made a motion, seconded by Authority member Bujack, to accept the application and set the preliminary hearing for August 19 and the final hearing for September 16, 1981. The Acting Chairman put the motion which was unanimously adopted. New Application Accepted for a 3.2% Fermented Malt Beverage license for Eli's Soup and Sausage Kitchen, 1045 Garfield Mr. David Miller and Mr. Ronald Morgan stated the boundaries are ac- ceptable to them. Authority member Oldham made a motion, seconded by Authority member Bujack, to accept the application, to accept the boundaries as proposed by the administration and set the final hearing for August 19, 1981. The Acting Chairman put the motion which was unanimously adopted. Change in Corporate Structure Approved for Pit Stop Liquors, 315 Riverside Avenue Mr. Harold Chavez, 1418 Ivy Street, Fort Collins, was sworn and stated he purchased his partner's interest in the corporation. He stated he ap- pointed new corporate officers and that he now holds 100% ownership. -4- July 22, 1981 Authority member Bujack made a motion, seconded by Authority member Long, to approve the change in corporate structure for Pit Stop Liquors, 315 Riverside Avenue. The Acting Chairman put the motion which was unanimously adopted. Special Events Permit (Liquor) Approved for National Conference of Christians and Jews, Lory Student Center, CSU Ms. Kate Lowe, 8101 Ralston Road, Arvada, Colorado, stated she is present to represent Mrs. Joyce Bignell, the events manager for the conference. Ms. Lowe stated the organization is requesting the special events license for the 13th and 14th of August. She stated there will be a cash bar with liquor sales only. Ms. Lowe explained that security control is being handled by Mr. Art Montoya of the U.S. Department of Justice Office in Denver. Ms. Lowe stated all of the bartenders will be informed of the Colorado liquor laws. It was determined that the event will be held in the Lory Student Center, Main Ballroom, second floor. Authority member Bujack made a motion, seconded by Authority member Long, to approve the special events license for the National Conference of Christians and Jews, Lory Student Center, Main Ballroom, second floor, contingent upon a favorable police report from the Colorado Bureau of Investigations. The Acting Chairman put the motion which was unanimously adopted. Special Events Permit (3.2%) Approved for Holy Family Church 326 North Whitcomb Mr. Daniel Lucero, 3101 Rustic Court, Fort Collins, Colorado, was sworn and stated he is the chairperson of the event for Holy Family Church. He stated the permit would be for August 5, 6, 7, 8 and 9. He explained that this is a faimly type of gathering that has been held for the last 20 years. Officer Kirchhoff stated he is recommending approval of the special events license. Authority member Oldham made a motion, seconded by Authority member Bujack, to approve the special events license for Holy Family Church, 326 North Whitcomb, contingent upon a favorable police report from the Colorado Bureau of Investigations. The Acting Chairman put the motion which was unanimously adopted. 0 -5- July 22, 1981 Preliminary Hearing for a Tavern license for B3, 3524 South Mason 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 extended south to Harmony Road Mr. John Archer 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 Acting Chairman put the motion which was unanimously adopted. Preliminary Hearing for a Tavern license for County Cork, 2439 South College Avenue, Suite 1, Unit C (Secretary's Note: The applicants have changed their application from a Hotel -Restaurant license to a Tavern license.) The boundaries as proposed by the administration were as follows: North from the subject premises to Pitkin extended West to Shields West from the subject premises to Shields Street South from the subject premises to Horsetooth Road East from the subject premises to Lemay Avenue Mr. Jerome Maas and J. Kevin Maas stated the boundaries are acceptable to them. Authority member Bujack made a motion, seconded by Authority member Long, to accept the boundaries as proposed. The Acting Chairan put the motion which was unanimously adopted. Final Hearing Tabled for Stone Lion Cafe, 100 North College Avenue The applicant requested that the final hearing be tabled. I M. July 22, 1981 Authority member Long made a motion, seconded by Authority member Oldham, to table the final hearing for Stone Lion Cafe, 100 North College Avenue, to September 16, 1981. The Acting Chairman put the motion which was unanimously adopted. Show/Cause Hearing for B3, 3524 South Mason Officer Michael Swihart, Police Officer for the City of Fort Collins, was sworn and described what he observed on May 19, 1981, at approximately 4:25 a.m. He stated he observed three persons playing games inside the es- tablishment and one of the individuals drinking from a Coors beer can. He stated one other individual was drinking some type of beverage. Officer Swihart pointed out to the Authority that he has observed customers leaving the establishment past the hour of midnight (closing time) on several different occasions. Officer Ken Kirchhoff stated the alcohol content of the confiscated beer can was determined to be greater than 5%. Mr. John Archer, 1013 Glenmore, Fort Collins, Colorado, was sworn and stated the beer that was confiscated was about 4 1/2 hours old and very warm. Mr. Archer stated he was the one who took the beer can from the customer at closing time and set it down behind the counter. Mr. Archer stated two of these employees are no longer employed by him and the third employee has been demoted and placed on probation. Mr. Archer stated his concern with the percentage of beer content that the lab tests show. Authority member Long made a motion, seconded by Authority member Oldham, to determine that a violation did occur on May 19, 1981, at B3, 3524 South Mason. The Acting Chairman put the motion which was unanimously adopted. Officer Ken Kirchhoff stated the Police Department has a very distinct concern at this establishment and recommended a 3-day suspension. Authority member Bujack made a motion, seconded by Authority member Oldham, to suspend the license within 30 days for two consecutive business days, at the convenience of the owner, and that the premises are to be posted. The Acting Chairman put the motion which was unanimously adopted. Police Report Officer Ken Kirchhoff requested a show/cause hearing be held on the basis -7- July 22, 1981 of an alleged violation occurring at Shop N Go, 1330 West Elizabeth, on July 3, 1981. Authority member Long made a motion, seconded by Authority member Bujack, to schedule a show/cause hearing for Shop N Go, 1330 West Elizabeth, for September 16, 1981. The Acting Chairman put the motion which was unanimously adopted. Officer Ken Kirchhoff requested a show/cause hearing be held on the basis of an alleged violation occurring at Lemay Liquors, 1045 Garfield, on June 26, 1981. Authority member Long made a motion,seconded by Authority member Bujack, to schedule a show/cause hearing for Lemay Liquors, 1045 Garfield, on September 16, 1981. The Acting Chairman put the motion which was unanimously adopted. Officer Kirchhoff stated he talked to Dave Seiver, manager of the Lincoln Center, about drinks being taken outside of the licensed premises (this was discussed under police report at the June meeting). He stated Mr. Seiver said he would contact the concessionaire J.C. Ways and Means regarding the matter. Other Business Secretary Debbie Caster stated that the November meeting is scheduled on November 11, 1981, which is Veterans Day and a non -working day for the City. The Authority unanimously decided to schedule the November meeting for Thursday, November 12, 1981, at 7:30 p.m. Adjournment Authority member Long made a motion, seconded by Authority member Oldham, to adjourn. The Acting Chairman put the motion which was unanimously adopted. The meeting was adjourned approximately 9:15 p.m. Acting Chairman Secretary