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HomeMy WebLinkAboutLiquor Licensing Authority - Minutes - 03/20/1974LIQUOR LICENSING AUTHORITY March 20, 1974 7:30 P.M. Chairman Robotham called the meeting to order at 7:55 P.M. There were present Liquor Licensing Authority members Batson, Fentress, and Robotham. Absent Baldivia and Hendricks. Staff members present: Brunton, Carroll, Reed, Sieb, and Lewis. Minutes of February 20, 1974 regular meeting approved Chairman Robotham stated copies of the minutes of the regular meeting of February 20, 1974 had been received. Hearing no corrections, Board member Fentress made a motion, seconded by John Batson to approve the minutes as published. The Chairman put the motion which was unanimously approved. Resolution and Findings on Preliminary Hearing of Tice's of Fort Collins adopted City Clerk, Verna Lewis,read the resolution at length. Board member Batson made a motion, seconded by Rosemarie Fentress to adopt the resolution. The Chairman put the motion which was unanimously adopted. RESOLUTION OF THE LIQUOR LICENSING AUTHORITY OF FORT COLLINS SETTING FORTH FINDINGS ON A PRELIMIN- ARY HEARING ON A LIQUOR LICENSE APPLICATION WHEREAS, heretofore, Tico's of Fort Collins, Inc., a Colorado corporation, d/b/a Tico's, made application to the Liquor Licensing Authority for a beer, wine and liquor license (Hotel, Restaurant); and WHEREAS, the Liquor Licensing Authority has received reports concerning such applications, and has held a prelim- inary hearing on such application as provided in Rule 3 of the Rules of Procedure of the Liquor Licensing Authority. NOW, THAFORE, BE IT RESOLVED BY 4PLIQUOR LICENSING AUTHORITY OF THE CITY OF FORT COLLINS, that the Authority hereby makes the following preliminary findings and determin- ations concerning this application, subject to the right of any party in interest to present further evidence concerning any of such findings and determinations at the hearing to be held on this application on the 20th day of March, 1974: 1. That the subject premises are proper premises under the ordinances of the City of Fort Collins and the laws of the State of Colorado to be licensed for the sale of liquor as applied for by the applicant. 2. That the boundaries of the neighborhood to be served by this applicant are as follows: the City of Fort Collins, Colorado, south uf- Prospect Road. 3. That the necessary notice of hearing by publication and by posting of the premises has not been given as provided by law, and the Authority has directed the City Clerk to accomplish said notice prior to the hearing date. 4. That the applicant is qualified under the ordinances of the City and the laws of the State for the license applied for. 5. That the application is in proper form and will be heard by the authority on March 20, 1974. Passed and adopted at a regular meeting of the Liquor Licensing Authority held this 20th day of March, 1974. i airm n city clerl 09 3 Go Final Hearing for Tico's of Fort Collins Chairman Robotham read the Rules of Procedure at length then called upon the applicants to make their presentation. Attorney John P. Tracy, attorney for the applicant, requested the Chairman to inquire if there were any Protestants. No formal remonstrance has been filed in the office of the City Clerk, and no protestant responded to the inquiry of the Chairman. Attorney Tracy offered some additional documentation in support of the application: Exhibits J and K were submitted; resumes of two directors of Tico's, Mrs. Patricia J. Canino and Mr. Victor E. Fabrizio; also a letter dated March 13, 1974 from Mr. Harvey G. Nesbitt whose business is located at 2120 South College, in support of the application. The Court Recorder administered the oath to Mr. David Adams, 3874 North Broadway, Boulder, Colorado, who gave testimony on the operation and management of the proposed establishment. The petitioners next presented Exhibits C, D, E, F, G $ H, and Mr. Adams responded to an inquiry made by Board member Fentress, stating the proposed opening date was November 11, 1974. Exhibit I was next presented, being a letter from the Public Service Company stating natural gas service would be received, provided the structure has exterior complete (brick or finished siding, roofed and glazed), major gas equipment connected and utilizing gas meter by September 1, 1974. Mr. Clyde G. Canino, 5801 East Princeton Avenue, Englewood, Colorado was sworn by the Court Recorder and gave lengthy testimony on the proposed operation and finances of the project. Mr. James Morgan, architect, Parker, Colorado, was sworn by the Court Recorder and reviewed the building plans. Mr. Max Scott, 400 Utica, Boulder, Colorado was sworn by the Court recorder and testified to the authenticity of the 584 signatures as appear on Exhibit A, in support of the application. The Court Recorder administered the oath to the following who spoke in favor of the application: Mr. Gene Campion, .3005 Tulane, Fort Collins Mr. Ron Frank, 3008 Phoenix, Fort Collins Mr. Jerry Curtis, 1103 Kirkwood Drive, Fort Collins The Chairman declared the hearing closed and polled the members of the Authority on their desire to make a decision after a recess, or to take the matter under advisement and submit the decision within 30 days. Attorney Tracy respectfully requested a speedy decision due to the time constraints of the applicant. 09 Authority member Batson made a motion, to approve the Hotel -Restaurant License The Chairman put the question which was Hearing date established and boundnriec t Beverage seconded by Rosemarie Fentress, for Tico's of Fort Collins. unanimously adopted. for Colorado Sea Fo John Silver's for a The City Clerk, Verna Lewis, reviewed the file for the Authority. There is needed to complete the file a definite address and a copy of the lease or other document showing that the applicant does have possession of the proposed location. Mr. Bill White appeared before the Authority in the place of Jerry Purcell who has been the representative for the applicant. Mr. White confirmed that a contract had been signed; the City Attorney Mr. Carroll stated that an executed copy of the lease to the property must be delivered to the City Clerk's office. Authority member Fentress made a motion that the boundaries for the area to be served as the City limits in each direction and the hearing date to be April 17, 1974 contingent upon the City Clerk receiving an executed copy of a lease or purchase contract for the real estate to be occupied, seconded by John Batson. The Chairman put the question which was unanimously adopted. date established and boundaries set for Matilda A. The City Clerk advised the Authority that the application was in proper form and that since the applicant was not present notification needed to be sent. Authority member Batson made a motion, seconded by Rosemarie Fentress to establish the boundaries for the area to be served as 2,000 feet in each direction and that the hearing date to be April 17, 1974. The Chairman put the motion which was unanimously adopted. Hearing date established and boundaries set for Richard White and James C. Brown dba The Linden Street Exchange for a 3.2% Fermented Malt Beverage The applicants were represented by their counsel, Mr. David Osborn, who gave a short introduction of the application and the type of operation to be established and requested the boundaries to be set at 2,500 feet instead of 2,000 feet. Authority member Fentress made a motion, seconded by John Batson to set the hearing date as April 17, 1974 and to establish the boundaries of the area to be served as 2,500 feet in each direction. The Chairman put the motion which was unanimously adopted. lication for of 3.2% wmnvna aoa ureen union to le, John F. Fry and Jay Schue t, aonroved er Malt Beverage License from lb? Go Go The City C1erk,Verna Lewis, reviewed the file for the Authority noting that it was complete. The report from the Police Department showed that there was nothing adverse. The Authority did express concern over the inexperience and age of the applicants in this case. The Chairman polled the members as to their feelings on this matter, whether it should be taken under advisement or a decision rendered at this time. The majority was in favor of rendering a decision at this meeting. Authority member John Batson made a motion to grant the transfer of 3.2% Fermented Malt Beverage License to the applicants doing business as Dirty Sam's at 162 Linden Street from Jane B. Drummond dba Green Onion. The motion was seconded by Rosemarie Fentress. The Chairman put the question to the Authority who voted as follows: Batson yea; Fentress yea; Robotham nay. The Chairman explained that his nay vote was becuase he felt that the granting of this license was a disservice to the applicants -- not a help to them. However, he did wish them success and asked to be called upon if any help were needed. Hearing date established and boundaries set for M.I.C.Corporation d Little Laesar's for a 3.2 fiarmanrAA Mv1P aa,...... r: Mr. David Osborn, attorney for the petitioners gave a brief description of the current operation to the Authority. Authority member Fentress made a motion to set a hearing date of May 15, 1974 and to establish the boundaries of the area to be served as 2.000 feet in each direction, seconded by John Batson. The Chairman put the motion which was unanimously adopted. The City Clerk reviewed the Police Department report and it stated in part that they could find no legal basis to recommend denial of this application at the present time. Authority member Batson made a motion seconded by Rosemarie Fentress that the application for renewal of a 3.2% Fermented Malt Beverage License for Gary Lee and Lloyd Bickel dba Country Store be approved. The Chairman put the motion to the members of the Authority which was adopted unanimously. ication of Colorado State Universit The City Clerk reviewed the Police Department report and it stated that no violations are on file in City or CSU police department files. Authority members Fentress made a motion seconded by John Batson that the application for renewal of a 3.2% Fermented Malt Beverage License for the Student Center at Colorado State University be approved. The Chairman put the motion which was unanimously adopted. Go -6 Go a 3 The City Clerk advised the Authority that this application had been approved previously by the State and was now before the City Authority. The Police Department report stated in part "can find no legal basis to recommend denial of this application at the present time." Authority member Batson made a motion, seconded by Rosemarie Fentress, that the renewal application by Danny D. Rogers, dba Town Pump for a 3.2% Fermented Malt Beverage License be approved. The Chairman put the motion which was unanimously adopted. Resolution and Findings related to the Final Hearing on the Hotel Restaurant Liquor License applied for by Gene Kapperman dba Gene's T The City Clerk reviewed the Resolution approving the application of a Hotel -Restaurant Liquor License for Gene's Tavern at 200 Walnut Street. The resolution provides that the license if approved will not issue until such time as all improvements are complete to the satisfaction of the City Building Inspector. Authority member Fentress made a motion seconded by John Batson to adopt the resolution approving the application for a Hotel -Restaurant Liquor License by Gene Kapperman dba Gene's Tavern. The Chairman put the motion which was unanimously adopted. FINDINGS AND RESOLUTION OF THE LOCAL LIQUOR LICENSING AUTHORITY OF THE CITY OF FORT COLLINS, COLORADp, CONCERNING AN APPLICATION FOR A BEER, WINE AND LIQUOR LICENSE The application of Gene Kapperman, d/b/a Gene's Tavern for a Beer, Wine and Liquor License (Hotel, Restaurant) came on for hearing on the 20th day of February, 1974, in the Council Ch...ribers, City Hall, Fort Collins, Colorado, pursuant to notice duly given as required by law. The authority, having heard the evidence introduced at the hearing, and having examined the documents introduced and having heretofore held a preliminary hearing and issued findings in writing on said preliminary hearing, now makes the following findings: 1. Thaheighborhood to be served er this application is as defined in the preliminary findings of the Authority. 2. Nothing contained in C.R.S., 1963, Section 75-2-39 prohibits the issuing of a license at the proposed location. 3. The applicants are of good character and qualified under the Ordinances of the City of Fort Collins and the laws of the State of Colorado for the license applied for. 4. The application is in proper form. 5. Petitions were presented and received at the hearing, indicating a need for the license applied for and no evidence was presented indicating that said needy does not exist, and the local licensing authority hereby finds that the reason- able requirements of the neighborhood require the issuance of the license applied for. The Authority recognizes that other licenses exist in the neighborhood, but hereby finds that an additional need exists for the license applied for. 6. The building in which the license is to be operated is now constructed; however, the plans and specifications of the applicant show that the applicant proposes to improve said premises to accommodate the proposed licensed premises and no license should issue until the oonstruction is completed in accordance with the plans and specifications submitted by the applicant and the requirements of the Building Inspector made in conformity with the Ordinances of the City of Fort Collins. RESOLUTION OF THE LOCAL LIQUOR LICENSING AUTHORITY OF THE CITY OF FORT COLLINS, COLORADO, CONCERNING AN APPLICATION FOR A BEER, WINE AND LIQUOR LICENSE BE IT RESOLVED by the Local Liquor Licensing Authority of the City of Fort Collins, Colorado that the application of Gene Kapperman, d/b/a Gene's Tavern for a Beer, Wine and Liquor License (Hotel, Restaurant) be and the same hereby is granted in accordance with the findings of the Authority set forth above; and BE IT FURTHER RESOLVED that said license shall not issue until the construction of the licensed premises is completed in accordance with the plans and specifications submitted to the Authority and the requirements of the City Building Inspector, and the Authority has received a report from said Building Inspector that said improvements have been completed in accordance with said ;plans and specifica- tions and the requirements of the Building Inspector. Passed and adopted this 20th day of March, A.D. 1974. Chairmfin ATTEST: City Clerk the chance of The Authority reviewed the report dated February 21, 1974 completed by Speedy Foods, Inc., 421 Cowan Street, listing the changes made in their directors and officers of the corporation. A motion was made by Authority member Batson to accept and approve the report submitted by Speedy Foods, Inc., listing the changes on the State of Colorado, Department of Revenue Liquor License Application Addendum, seconded by Rosemarie Fentress. The Chairman put the motion which was unanimously adopted. Findings regarding 3.2% Fermented Malt Beverage License The City Clerk, Verna Lewis, reviewed the resolution for the Authority which approves the application for a 3.2%, Fermented Malt Beverage License by Ram Pub but such license will not issue until such time Go I Go a certificate for occupancy is issued by the Building Inspection Department. Authority member Fentress made a motion seconded by John Batson to approve the resolution approving an application for 3.2% Fermented Malt Beverage License by Ram Pub. The Chairman put the motion which was adopted unanimously. RESOLUTION OF THE LIQUOR LICENSING AUTHORITY OF THE CITY OF FORT COLLINS CONCERNING AN APPLICATION FOR A CLASS C LICENSE TO SELL NON -INTOXICATING MALT LIQUOR AND SETTING FORTH THE FINDINGS OF THE LIQUOR LICENSING AUTHORITY ON SAID APPLICATION The application of Ram Pub Corporation of Colorado, d/b/a Ram Pub for a Class C License for the sale of non - intoxicating malt liquor came on for hearing on February 20, 1974, before the Liquor Licensing Authority of the City of Fort Collins, and the Liquor Licensing Authority having heard the testimony and received the evidence produced at said hearing and having considered and weighed the same and being familiar with the neighborhood for which the license is sought, now makes the following findings: 1. The license sought by the applicant is for a loca- tion at the 1400 Block of West Elizabeth, Fort Collins, Colorado, said site being occupied as a restaurant, the license being sought in connection with such business. 2. The testimony and petitions presented by the appli- cant at the hearing were to the effect that the inhabitants of the neighborhood desire that the license be granted and the needs of the neighborhood require the granting of this license. No substantial testimony or petitions were pre- sented contrary to this postition of the applicant. 09 -10- 40 3. The building in which the license is to be operated is not now constructed; and no license should issue until the construction is completed in accordance with the plans and specifications submitted by the applicant and the require- ments of the Building Inspector made in conformity with the Ordinances of the City of Fort Collins. It is therefore the opinion and finding of the Liquor Licensing Authority that: A. The inhabitants of the neighborhood desire that the license be granted. B. The needs of the nPighhorhood require the granting of the license. NOW, THEREFORE, be it resolved by the Liquor Licensing Authority of the City of Fort Collins that the application of Ram Pub Corporation of Colorado, d/b/a Ram Pub for a Class C License for the sale of non -intoxicating malt liquor at the 1400 Block of West Elizabeth, Fort Collins, Colorado be and the same is hereby granted. BE IT FURTHER RESOLVED that said license shall not issue until the construction of the licensed premises is completed in accordance with the plans and specifications submitted to the Authority and the requirements of the City Building Inspector, and the Authority has received a report from said Building Inspector that said improvements have been completed in accordance with said plans and specifica- tions and the requirements of the Building Inspector. Passed and adopted at a regular meshing of the Liquor Licensing Authority of the City of Fort Collins, Colorado, held this 20th day of March A.D., 1974. ATTEST: City C 1lerk A� /s/ Donald W. Robotham Chairman Adjournment There being no further business, Authority member Batson made a motion seconded by Rosemarie Fentress that the meeting adjourn. The Chairman put the question which passed unanimous1 airm n ATTEST: City lerk