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HomeMy WebLinkAboutLiquor Licensing Authority - Minutes - 01/07/1981f • LIQUOR LICENSING AUTHORITY Regular Meeting - January 7, 1981 7:30 P. M. A regular meeting of the Liquor Licensing Authority was held on Wednesday, January 7, 1981, in the Council Chambers of the City of Fort Collins Municipal Building. Roll call was answered by the following members: Bujack, Long, Renz, 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 December 10, 1980, Approved as Published Authority member Long made a motion, seconded by Authority member Bujack, to approve the minutes of the regular meeting of December 10, 1980, as published. The Chairman put the motion which was unanimously adopted. 1980 Annual Report of the Liquor Licensing Authority Accepted as Presented Boardmember Long made a motion, seconded by Authority member Renz, to accept the Annual Report for the Liquor Licensing Authority for 1980 as presented. The Chairman put the motion which was unanimously adopted. Renewals Approved for the Following Locations: Hickory House North, 1005 Lemay Avenue Sam's Old Town Ballroom, 162 Linden Shop N Go Markets, 1330 West Elizabeth Wags, 215 Foothills Parkway Authority member Renz made a motion, seconded by Authority member Long, to approve the above -listed renewals. The Chairman put the motion which was unanimously adopted. -2- January 7, 1981 Special Events Permit Approved for Colorado State Board of Agriculture for April 24, 1981 The Chairman absented himself from the discussion and vote on this item. Ms. Susan Fry, 218 Whedbee Street, was sworn and stated she is the repre- sentative for the State Board of Agriculture, who is applying for the 3.2% special events license for the spring event to be held April 24. Also present at the meeting were Judy Jacobson, Chairperson of the Spring Events Committee, Dr. Jim Banning, Vice -President of Student Affairs, Peg Brokenshire, Advisor to CSU Productions and Dan Evans, Head of the Spring Events Committee for the past four years. Ms. Fry explained the boundaries of the event. She stated the type of fencing that will be put up and added that turn styles will be at each entrance and exit. Ms. Fry stated that police teams, student marshals and staff will be stationed at different points throughout the boundary area for security and control. Ms. Fry explained that the plans for this year's event is different from years past. She stated a new committee has been formed and that -'College Days will now be called The Spring Runoff. At this point, she stated no definite activities have been planned since the new committee has just been formed. Ms. Fry stated that they have approval from both the CSU Police and the Fort Collins Police Department. Ms. Fry stated the hours that beer will be served will be from approximately 12 noon to-5 p.m. Authority member Bujack made a motion, seconded by Authority member Long, to approve the 3.2% Special Events Permit for the Colorado State Board of Agriculture for April 24. Vice -Chairman Renz put the motion which was unanimously adopted. (Secretary's Note: Chairman Carlos Seegmiller did not vote.) Preliminary Hearing for a Beer and Wine License for Chow's Gardens, 1220 North College Avenue The boundaries as proposed by the administration were as follows: North from the subject premises to the city limits; West from the subject premises to city limits and Wood Street; South from the subject premises to Mountain Avenue and extended to Lincoln; East from the subject premises to city limits. Mr. Chow stated that the boundaries are acceptable to him. 0 -3- January 7, 1981 Authority member Renz, made a motion, seconded by Authority member Long, to approve the boundaries as proposed. The Chairman put the motion which was unanimously adopted. Preliminary Hearing for a Beer and Wine License for The Mandarin Restaurant, 1720 West Mulberry The boundaries as proposed by the administration were as follows: North from the subject premises to city limits; West from the subject premises to Ponderosa extended to Impala Drive; South from the subject premises to Prospect; East from the subject premises to Center Drive extended to Meridian Avenue extended to Loomis. (Secretary's Note: No one was present from the Mandarin Restaurant to accept the boundaries.) Authority Member Renz made a motion, seconded by Authority member Bujack, to approve the boundaries as proposed. The Chairman put the motion which was unanimously adopted. Final Hearing for a 3.2% Fermented Malt Beverage License for West Mountain Texaco, 1032 West Mountain Mr. Ronald W. Bergman, 1700 Ridgewood Road, Fort Collins, Colorado, was sworn and stated that he owns the gas station and leases the building from Texaco. Mr. Bergman spoke briefly of his background and previous work experience. He stated that obtaining a license at this station would serve as a convenience for his customers. Mr. Bergman stated he has no plans at this time to expand into a small convenience store. He went on to say that the regional vice-president of Texaco was in Fort Collins recently and had no objection to his obtaining a 3.2% license. Mr. Bergman stated that he is open from 7:30 a.m. to 6:00 p.m. Monday through Friday and from 7:30 a.m. to 5:00 p.m. on Saturday. He is currently closed on Sundays. Mr. Bergman presented petitions containing approximately 230 signatures. He stated he did not go from door to door to circulate his petition but explained that the petition was left at the gas station and his customers who live or work within the designated boundaries signed the petition when they came to the station. Mr. Bergman stated the only reason people refused to sign the petition were due to religious reasons. The Chairman explained to Mr. Bergman that, although there is no written law stating an applicant has to petition, the Authority feels the petition- -4- January 7, 1981 ing is to alert people in the neighborhood that an application has been made to the Liquor Licensing Authority to obtain a 3.2% Fermented Malt Beverage License. Authority member Wilson made a motion, seconded by Authority member Long, to table the application for a 3.2% Fermented Malt Beverage License at West Mountain Texaco until February 4, 1981, to allow the applicant time to repetition the neighborhood. The Chairman put the motion with the following votes: Yeas: Authority members Long, Renz, and Wilson. Nays: Authority members Bujack and Seegmiller. Show/Cause Hearing for Ace Liquors, 200 East Mountain Avenue 3 days Suspension Ordered Officer Dave Mickelson, Police Officer for the City of Fort Collins, was sworn and described what he observed the 14th of November, 1980. Officer Mickelson stated he observed a young female subject enter Ace Liquors along with a male companion. A short time later, the male companion came back out of the store and waited in the car. After a few minutes, the girl came out of the store carrying what looked like an alcoholic beverage. Officer Mickelson followed the vehicle as it left the vicinity. He stated after the car had made two traffic violations he stopped the driver of the car. It was discovered that the male companion with the girl was wanted by the authorities in the State of Colorado, therefore he was arrested. Officer Mickelson asked for identification of the young girl who was 20 years of age. He stated the girl said that she was not asked for identi- fication at Ace Liquors when she purchased the liquor. Officer Mickelson stated he comfiscated the bottle of liquor and then returned to Ace Li- quors. From the testimony and description the girl gave him, Officer Mickelson stated he identified the man who sold the bottle of liquor to the girl. When the officer showed the employees a picture of the girl, they denied ever seeing her. He pointed out by this time, only 45 minutes had lapsed since the girl was in the store and that the girl was quite recognizable since she had a rose in her hair. Officer Mickelson stated that the alcohol was tested and found to have a 14% ethyl alcohol content. Mr. Vincent Chung, 732 Parkwood Drive, was sworn and stated he is the owner of Ace Liquors. He also stated that the employees said they could have remembered selling to a girl with a flower in her hair but they claimed no one was in the store that looked like her. Mr. Chung stated that they do not sell to minors to do more business. Mrs. Vincent Chung, 732 Parkwood Drive, was sworn and stated the employees claim they would have remembered anyone in the store with a flower in their hair. 0 -5- January 7, 1981 Officer Ken Kirchhoff, was sworn, and stated he interviewed Mr. Dong Wha Chung, employee who sold the liquor to the minor, and Mrs. Vincent Chung. In their conversation, Ken stated Mrs. Chung did all of the talking and answered all of his questions. He added that Dong Wha Chung did not deny the fact that the violation did occur. Officer Kirchhoff then stated that he issued Dong Wha Chung a summons to appear in County Court for the violation that did occur. Authority member Renz made a motion, seconded by Authority member Long, to determine that a violation did occur on November 14, 1980, at Ace Liquors, 200 East Mountain Avenue. The Chairman put the motion which was unanimously adopted. Officer Ken Kirchhoff recommended a suspension of the license. Authority member Long made a motion, seconded by Authority member Renz, to suspend the license within 30 days for three consecutive business days, at the convenience of the owner, and that the premises are to be posted. The Chairman put the motion with the following votes: Yeas: Authority members Long,,,Renz, Seegmiller and Wilson. Nays: Authority member Bujack. Final Resolution Adopted Granting a Tavern Liquor License for Friends II, 142 Linden 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 requested that a show/cause hearing be held on the basis of an alleged violation occurring at Saddle -Up Liquors, 1015 South Taft Hill Road, on December 17, 1980. Authority member Wilson made a motion, seconded by Authority member Bujack, to schedule a show/cause hearing for Saddle -Up Liquors, 1015 South Taft Hill Road, on March 4, 1981. The Chairman put the motion which was unanimously adopted. Officer Ken Kirchhoff also requested that a show/cause hearing be held on the basis of an alleged violation occurring at Ace Liquors, 200 East Mountain Avenue, on December 17, 1980. -6- January 7, 1981 Authority member Wilson made a motion, seconded by Authority -member Bujack, to schedule a show/cause hearing for Ace Liquors, 200 East Mountain Avenue, on March 4, 1981. The Chairman put the motion which was unanimously adopted. Adjournment Authority member Bujack made a motion, seconded by Authority member Long, to adjourn. The Chairman put the motion which was unanimously adopted. Chairman ary