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HomeMy WebLinkAboutLiquor Licensing Authority - Minutes - 03/04/1981LIQUOR LICENSING AUTHORITY Regular Meeting - March 4, 1981 7:30 P. M. A regular meeting of the Liquor Licensing Authority was held on Wednesday, March 4, 1981, in the Council Chambers of the City of Fort Collins Municipal Building. Roll call was answered by the following members: Bujack, Long, Seegmiller and Wilson. 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 February 4, 1981, Approved as Published Authority member Bujack made a motion, seconded by Authority member Long, to approve the minutes of the regular meeting of February 4, 1981, as published. The Chairman put the motion which was unanimously adopted. Expansion of Premises Found to be Substantial for La Fonda De Acebo, 2925 South College Avenue Mr. George E. Pappas, J701 South Spruce Street, Denver, Colorado, was sworn and stated that they are proposing to expand an additional 3,000 square feet. This extra space will be used for entertaining, such as live bands and dancing. Mr. Pappas stated their existing floor area is approximately 5,048 square feet. He stated approximately 150 seats are being added as part of the expansion.' Authority member Wilson made a motion, seconded by Authority member Bujack, to determine that the expansion is substantial and to set the hearing date for April 1, 1981. The Chairman put the motion which was unanimously adopted. Expansion of Premises for Cow Paddy, 169 North College Avenue Tabled Mr. Patrick O'Reilly, 914 Cottonwood, Loveland, Colorado, was sworn and explained that they are proposing to use a small parking lot behind the restaurant for special occasions, such as St. Patrick's Day, 4th of July and whenever the City holds an event downtown. He stated they would enclose the area with a temporary structure in which they intend to serve -2- March 4, 1981 drinks. Mr. O'Reilly stated he would have security control with his own employees to insure that no one could enter under the age of 21 or leave the premises with a drink. The Authority discussed the matter and decided that the applicant should check with the Building Department for their ruling on temporary structures and return to the Authority with a better proposal for fencing in the premises. Authority member Bujack made a motion, seconded by Authority member Long, to table the expansion for the Cow Paddy, 169 North College Avenue, until the applicant can propose a better solution to fencing in the premises. The Chairman put the motion which was unanimously adopted. New Application Accepted for a Hotel -Restaurant License for Sea Galley, 100 West Troutman Parkway Authority member Long made a motion, seconded by Authority member Bujack, to accept the application and set the preliminary hearing for April 1 and the final hearing for April 29, 1981. The Chairman put the motion which was unanimously adopted. Transfer of Ownership Approved for R. T.'s Brass Pig, Ltd., 828 South College Avenue Mr. Ron Trotta, 533 Indian Ridge Road, Fort Collins, Colorado, was sworn and spoke briefly of his background. Mr. Trotta stated since he has entertained at several licensed restaurants, he feels he is familiar with the requirements of holding a liquor license. Although no physical changes will be made, he stated major renovation is being done to the existing restaurant. He stated he plans to be open for lunch and dinner with entertainment six nights a week. He stated the hours of operation will be from 11 a.m. to 2 a.m. Monday through Saturday. He stated the menu will consist of mainly sandwiches, soups, salads, and finger food. Mr. Trotta stated he is leasing the building and buying the business for approximately $120,000. He explained half the money is borrowed and half is from the limited partner, Donna Jenkins. Mr. Trotta stated although he is the entertainer, he will be the general manager of the restaurant. Authority member Long made a motion, seconded by Authority member Bujack, to approve the transfer of ownership from Joy Lewis and Dick Goehring to R.T.'s Brass Pig, Ltd., 828 South College Avenue, pending a favorable report from the Colorado Bureau of Investigations, and that the modifica- tions being made to the restaurant are not substantial. The Chairman put the motion which was unanimously adopted. -3- March 4, 1981 Transfer of Ownership Approved for Harmony Road Liquors, 115 East Harmony Road Authority member Bujack abstained from voting on this matter. Hugh G. Havens, 1419 Ivy, Fort Collins, Colorado, was sworn and spoke briefly of his background. Mr. Havens stated he has had no previous experience working with a liquor establishment. He explained that he and his wife will operate the business together. He stated no changes will be made in the existing operation. Mr. Havens explained that the outlet was recently annexed into the City. Mr. Havens stated the hours of operation are from 10 a.m, to 11 p.m. Monday through Thursday and from 9 a.m. to 12 a.m. Friday and Saturday. He stated he has purchased the business, equipment, and fixtures for $150,000 and is leasing the building. He stated some of the money was borrowed from United Bank. Authority member Long made a motion, seconded by Authority member Wilson, to approve the change of ownership from Carol Fitzgerald to Hugh G. Havens, 115 East Harmony Road, pending a favorable report from the Colorado Bureau of Investigations. The Chairman put the motion which was unanimously adopted. (Note: Authority member Bujack did not vote.) Transfer of Ownership Approved for Collindale Snack Bar 1441 East Horsetooth Road Mr. Joe Cordova, 912 Driftwood Drive, Fort Collins, Colorado, was sworn and stated he is present to represent his son, Derek, who could not attend the meeting due to the weather. Mr. Cordova spoke of Derek's background and work experience. He stated Derek has worked at Collindale for the last few years and is currently attending school in Sterling and scheduled to graduate in March, 1981. Mr. Cordova explained that Derek was awarded the bid from the City in which he pays a percentage of the gross profit. Authority member Bujack made a motion, seconded by Authority member Long, to approve the transfer of ownership from Jack and Floriene Whitt to Derek Cordova, 1441 East Horsetooth Road, pending a favorable report from the Colorado Bureau of Investigations. The Chairman put the motion which was unanimously adopted. Transfer of Ownership Approved for the Goode Taste Crepe Shoppe 400 East Olive Mr. John Keenan, 34050 River Road, Steamboat Springs, Colorado, was sworn and stated he is the co-owner of the Goode Taste Crepe Shoppe in Steamboat. -4- March 4, 1981 Mr. Keenan spoke briefly of his background. He stated he will be moving to Fort Collins in a few weeks to manage and operate the restaurant here. He stated no changes in operation wiTl be made. Mr. Keenan stated once they are established, someone else will manage the restaurant and he will return to Steamboat. Mr. Keenan stated he is purchasing the business for approximately $50,000. He stated they are leasing the property and buying the fixtures, leashold improvements and equipment. Mr. Keenan stated there will be no structural changes and the target date for opening the restau- rant is April 10. Authority member Bujack made a motion, seconded by Authority member Long, to approve the transfer of ownership from Richard C. Peterson, Jr., and Jean E. Peterson to Unique Partners, pending a favorable report from the Fort Collins Police Department and the Colorado Bureau of Investigations. The Chairman put the motion which was unanimously adopted. Final Hearing for a 3.2% Fermented Malt Beverage License for Kaddy Korner, 1700 West Mulberry Ms. Patricia Kamm, 2105 Clearview, Fort Collins, Colorado, was sworn and spoke briefly of her background. She stated she is currently operating the Kaddy Korner. She explained that they sell gasoline until 8 p.m, and the cafe is open from 6 a.m. to mid -afternoon. She stated the cafe is open for breakfast and lunch only. She stated the menu consists of the usual breakfast and lunch items with a special every day. Ms. Kamm presented petitions that had been circulated on behalf of the application. She explained that some of the signatures on the petitions were obtained at the cafe; the remainder of the signatures were obtained from going door to door. She added that there was a favorable response from people in the neighborhood for her to obtain the beer license. Ms. Kamm stated she is applying for the off -premises beer license because the Health Department and Zoning Department stated that the bathrooms do not meet code. She stated she has invested $15,000 in the business, fixtures and equipment and that she is leasing the building. Officer Ken Kirchhoff stated that the results from the Colorado Bureau of Investigations have been received with a favorable report. Authority member Bujack made a motion, seconded by Authority member Long, to approve the 3.2% Fermented Malt Beverage license for Kaddy Korner, 1700 West Mulberry. -5- March 4, 1981 Final Hearing for a 3.2% Fermented Malt Beverage License for The Pop Shoppe, 1331 West Elizabeth Street Mr. Richard Weaver, 2301 Sceap Court, Fort Collins, Colorado, was sworn and spoke briefly of his background. Mr. Weaver stated that he bought the Pop Shoppe and the lease for the Exxon gas station. He stated he hopes to expand the operation into a convenience store since they currently sell cigarettes and pump gas in addition to selling pop. The hours of operation are from 7 a.m. to 11 p.m. seven days a week. He stated he works for Colorado Auto Parts as an accountant and that - :between his wife and himself they work 60 hours a week at the gas station and the Pop Shoppe. The Chairman requested that the applicant submit a more accurate drawing of the floor plans. Mr. Weaver stated he has invested $3,000 of his own money and that Garton Enterprises (Lessor) is investing the balance. To expand into a con- venience store, Mr. Weaver stated that an additional $12,000 will be invested and that this money will be borrowed from the bank. Mr. Weaver stated he feels there is a need for this type of license since there is a dense population of 18-21 years olds in the area and that these people are convenience -store oriented. He also stated that there have been numerous requests for beer. Mr. Weaver submitted petitions containing approximately 250 signatures that had been circulated on behalf of the application. He stated some poeple were opposed to the license because they feel alcohol is too prevalent in society. He stated, however, that the general feeling was favorable. Authority member Long made a motion, seconded by Chairman Seegmiller, to approve the 3.2% Fermented Malt Beverage license for the Pop Shoppe, 1331 East Elizabeth, pending a favorable report from the Colorado Bureau of Investigations and submission of a more accurate floor plan. The Chairman put the motion with the following votes: Yeas: Authority members Long and Seegmiller. Nays: Authority members Bujack and Wilson. The application was denied. Show/Cause Hearing for Ace Liquors, 200 East Mountain Avenue 7 Days Suspension Ordered Officer Greg With of the Fort Collins Police Department was sworn and stated that on December 17, 1980, at approximately 8:30 p.m. he gave Cadet Valerie Hodges a number of marked dollar bills and change. After being instructed to do so, Ms. Hodges entered Ace Liquors and bought a bottle of wine. Ms. Hodges described to Officer -With the gentleman who sold the wine to her. Officer With stated he then entered Ace Liquors, identified the gentleman and asked him if he was aware that he had sold wine to a minor. -6- March 4, 1981 Officer With stated that the gentleman denied selling the wine to Ms. Hodges. Officer With stated he opened the cash register and removed the bills and change that were marked and given to Ms. Hodges to purchase the wine. Officer With identified the gentleman who sold the wine as Mr. Dong Wha Chung, 732 Parkview Drive. He stated that Mr. Chung was issued a summons for selling to a minor. The bottle of wine, dollar bills and change were logged in as evidence at the Fort Collins Police Department. Officer Ken Kirchhoff stated the results of the wine were analyzed as having a 13.5% ethyl alcohol content. Cadet Valerie Hodges of the Fort Collins Police Department was sworn and stated she was instructed by Officer With to attempt to purchase a bottle of wine from Ace Liquors. She stated that she was asked for ID but when she stated she had none she was sold the wine anyway. Mrs. Mary Chung, 732 Parkview Drive, Fort Collins, Colorado, was sworn and stated that when she and her husband asked Dong Wha Chung (her brother-in- law) if he sold the wine he stated he remembered selling it to the girl. Officer Ken Kirchhoff asked if Dong Wha Chung is still employed by Ace Liquors. Mrs. Chung replied that he is still working for them. Officer Ken Kirchhoff stated his recommendation is suspension for 7 days. Authority member Long made a motion, seconded by Authority member Wilson, to determine that a violation did occur on December 17, 1980, at Ace Liquors, 200 East Mountain Avenue. Mrs. Chung stated that they have a policy at the store to check ID's. Authority member Bujack stated in the future he would like the people who violate the liquor code to be present at the hearings. Authority member Wilson made a motion, seconded by Authority member Bujack, to suspend the license within 30 days for seven business days (six consecu- tive days and one remaining day). Authority member Long stated he feels a longer suspension should be or- dered. The Chairman put the motion with the following votes: Yeas: Authority members Bujack, Seegmiller and Wilson. Nays: Authority member Long. -7- March 4, 1981 Show/Cause Hearing for Saddle -Up Liquors, 1015 South Taft Hill Road Officer Greg With of the Fort Collins Police Department stated that on December 17, 1980, at approximately 9:20-p.m, he gave Cadet Valerie Hodges a number of dollar bills and instructed her to attempt to buy a bottle of wine from Saddle -Up Liquors. When she came out of the store she described the gentleman who sold the wine to her. Officer With then entered Saddle -Up Liquors and identified the gentleman described to him as Scott Schmidt, 3117 Azalea. The cash register was opened and the same dollar bills mentioned earlier were taken from the register. Officer With stated Mr. Schmidt admitted to selling a bottle of wine to Ms. Hodges. He also said that Mr. Schmidt stated he had initially asked for ID but when Ms. Hodges stated she did not have it with her, he sold the wine to her anyway. The wine and dollar bills were logged in as evidence at the Fort Collins Police Department. Officer Ken Kirchhoff stated the results of the wine were analyzed as having 11% ethyl alcohol content. Cadet Valerie Hodges stated she was instructed by Officer With to attempt to purchase wine at Saddle -Up Liquors. She stated the employee asked for ID but when she stated she had none she was sold the wine anyway. She stated she then gave Officer With the description of the employee. Mr. Tom Metcalf, attorney representing Craig Rose of Saddle -Up Liquors, stated that Officer Ken Kirchhoff was not sworn and questioned the validity of the testimony given regarding the ethyl alcohol content of the wine. Officer Ken Kirchhoff explained the process of testing done by the Northern Colorado Diagnostic Labs, which the Fort Collins Police Department con- tracts out with to do the work. Officer Ken Kirchhoff was then sworn and ratified his previous testimony. Mr. Metcalf stated he would not be presenting any tesimony due to the fact that the employee who made the sale, Mr. Schmidt, has been terminated as a result of the alleged sale. Authority member Wilson made a motion, seconded by Authority member Long, to determine that a violation did occur on December 17, 1980, at Saddle -Up Liquors, 1015 South Taft Hill Road. Officer Ken Kirchhoff recommended that the Board write a letter of repri- mand to the management of Saddle -Up Liquors. Mr. Craig Rose, part owner of Saddle -Up Liquors, was sworn and stated he instructs his employees to ask for picture ID's if a customer looks under 35 years of age. If the ID is not a Colorado drivers license, Mr. Rose stated he requires proof of two ID's. -8- March 4, 1981 Mr. Rose explained that the employee was terminated once he found out that he had sold to a minor because that is not their policy to sell to minors. Authority member Bujack, made a motion, seconded by Authority member Long, to direct the City Attorney's Office to write a letter of reprimand to the owners of Saddle -Up Liquors, 1015 South Taft Hill Road. The Chairman put the motion with the following votes: Yeas: Authority members Bujack, Long and Wilson. Nays: Authority member Seegmiller. Show/Cause Hearing for Johnny's Liquors, 111 West Prospect Officer Dave Mickelson, Police Officer for the City of Fort Collins, was sworn and described what he observed on the evening on November 21, 1980. He stated at approximately 9:30 p.m. he was parked across the street from Johnny's in a vacant parking lot. With the use of binoculars, Officer Mickelson stated he observed a young black male, Orlando Dunn, purchase a bottle of liquor at approximately 10:00 p.m. to 10:15 p.m. Officer Mickelson stated because he felt the man was under age, he followed the individual. Officer Mickelson stated that once the man had reached his destination he identified himself and asked the man for ID. Mr. Dunn produced a Colorado driver's license which showed him to be 19 years of age. Officer Mickelson stated the bottle of liquor was comfiscated and logged into evidence at the Fort Collins Police Department. The results from the Lab indicated the liquor to have 52% ethyl alcohol content. Officer Mickelson also stated that when observing the transaction at Johnny's, the young man did not produce any ID at the liquor store. Mr. Dave Osborn, was sworn, and stated he had tried to get the cooperation of Mr. Dunn to help investigate the matter but received no cooperation. Mr. Jerry Blake, part owner of Johnny's Liquors, was sworn and stated the manager talked to the employee who sold the liquor to the minor. Mr. Thomas Angelis, 1103 Kirkwood Drive, was sworn and stated he is cur- rently the manager of Johnny's Liquors. He stated that he talked to the employees working the evening of the violation and none of the employees remembered selling to the young man in question. Mr. Osborn stated the City has a burden of proof to prove that a violation did occur and feels that the City has failed to do so in this case. Authority member Long made a motion, seconded by Authority member Wilson, to determine that a violation did occur on November 21, 1980, at Johnny's Liquors, 111 West Prospect Street. The Chairman put the motion with the following votes: Yeas: Authority members Long, Seegmiller and Wilson. Nays: Authority member Bujack. 50 March 4, 1981 Officer Ken Kirchhoff recommended that the Board write a letter of repri- mand to the owners of Johnny's Liquors. Mr. Tom Angelis reported to the Board what steps he has taken, as manager, to train his employees in checking and comfiscating ID's. Authority member Wilson made a motion, seconded by Authority member Long, that a verbal reprimand be made to the owners of Johnny's Liquors. The Chairman put the motion with the following votes: Yeas: Authority members Long and Wilson. Nays: Authority members Bujack and Seegmiller. The motion was denied. Authority member Long made a motion, seconded by Authority member Wilson, to direct the City Attorney's Office to write a letter of reprimand to the owners of Johnny's Liquors, 111 West Prospect Street. The Chairman put the motion which was unanimously adopted. Final Resolution Adopted Granting a Beer and Wine License for Chow's Gardens, 1220 North College Avenue 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 Chairman put the motion which was unanimously adopted. Final Resolution Adopted Granting a 3.2% Fermented Malt Beverage License for Kaddy Korner, 1700 West Mulberry 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 Chairman put the motion which was unanimously adopted. Police Report Officer Ken Kirchhoff stated he had no report this month. -10- March 4, 1981 Adjournment Authority member Long made a motion, seconded by Authority member Bujack, to adjourn. The meeting was adjourned at approximately 10:30 p.m. Chairman Secretary