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HomeMy WebLinkAboutLiquor Licensing Authority - Minutes - 10/17/1973LIQUOR LICENSING AUTHORITY October 17, 1973 7:30 P.M. A regular meeting of the Local Liquor Licensing Authority was held in the Council Chamber of the City Hall, 300 La Porte Avenue, on October 17, 1973. The Chairman called the meeting to order at 7:35 P.M. There were present: Donald W. Robotham John Batson Sheila Hendrick Rosemarie Fentress Absent: Rudy Baldiva Staff members: Assistant City Attorney Myatt, Chief of Police Ralph Smith City Clerk, Verna Lewis, Detective Reed. Minutes of regular meeting of September 19, 1973, approved Authority Member Batson made a motion, seconded by Rosemarie Fentress, to approve the minutes of the regular meeting of September 19, 1973 as published. The motion carried. Minutes of the Special meeting of October 3 1973 approved Authority member Hendrick made a motion, seconded by John Batson, to approve the minutes of the special meeting of October 3, 1973 as published. The motion carried. Renewal application for a 3.2% Fermented Malt Beverage License for Durrell Center, Colorado State University, approved City Clerk Verna Lewis stated this was a routine renewal; the Police Depart- ment report was negative. Authority member Fentress inquired who was responsible for Police enforcement at Durrell Center, Campus Security or the Fort Collins Police Department? Police Chief Smith stated Campus Security is responsible; the City would respond on request. Detective Reed stated the Fort Collins Police Depart- ment had consulted with the CSU Police Department prior to making their recommendations. Assistant City Attorney Myatt stated their office would be aware of any problems cited into Municipal Court. Authority member Fentress made a motion, seconded by Sheila Hendrick, to approve the renewal application for Durrell Center. The motion carried. .: MPage 2 Renewal application for a 3.2% Fermented Malt Beverage License for Speedy Foods, 421 Cowan, approved City Clerk Verna Lewis stated this was a routine renewal application; the Police Department report was negative. The license is for a C1ass,B, permitting the licensee: to sell fermented malt beverages for consumption off the premises. Authority member Batson made a motion, seconded by Shelia Kendrick, to approve the renewal application for Speedy Foods. The motion carried. Withdrawal granted for an application of a Hotel -Restaurant Liquor License for Isle of Seven Seas City Clerk Verna Lewis presented a withdrawal request submitted by Mr. Thomas C. Carter and Mr. David Massapust; applicants. The Authority discussed the validity of the withdrawal reauest statement, declared proper by Attorney Myatt and the reason for the request. Police Chief Smith stated the applicants had been called in to discuss incidents at the establishment, but that at no time had it been suggested that they withdraw their application. Authority member Hendrick made a motion, seconded by John Batson, that the withdrawal be allowed. The motion carried. Hearing date established on a possible suspension or revocation of a 3.2% Fermented Malt Beverage License for Isle of the Seven Seas Attorney Myatt and Police Chief Smith reviewed a memorandum submitted to the City Manager which states, in_part: "We are receiving more complaints and are having more problems with this establishment each day. I have had the owners in my office twice to caution them about their establishment and the manner in which they are operating. At this time, I am respectfully requesting that the managers and owners be cited before the local Liquor Licensing Authority to show cause why their license should not be suspended or revoked." Mr. Myatt stated further that when matters are brought to the attention of the Licensing Authority, which if substantiated, could be grounds for a suspension or revocation of the license concerned, the Authority could establish a hearing date, and direct that a "show cause" letter be gieen, whereby the licensee would be required to show cause why the license should not be suspended or revoked. - 0 0 Page 3 The Authority reviewed the Police Department incident reports and heard oral reports from Chief Smith and Detective Reed. Authority member Batson made a motion, seconded by Sheila Hendrick, to estab- lish November 21, 1973 as the hearing date for the Isle of the Seven Seas, and to direct the City Attorney to prepare and deliver such notice to the licensees. Tl:e motion carried. Preliminary hearing for a. Hotel -Restaurant Liquor License for Gene's Tavern, 200 Walnut Street City Clerk Verna Lewis stated this was the date established for the preliminary hearing. The reports of the City Attorney, the Building Inspection office, Planning and Zoning office,the,Fire Department and Health Department were in the file; Attorney Ronald H. Strahle was present and perhaps the Authority would like to have him make his presentation. Attorney Myatt stated the Authority should also establish boundaries for the application usually set at 2,000 feet in each direction. Attorney Strahle spoke to the boundary question and recommended the City limits be as the boundaries, basing his request on prior authority action in other applications. Authority member Hendrick inquired into the report of the Building Inspection Department relative to remodeling. Attorney Strahle stated he had not seen the report and could not respond at this time; his client had expressed a desire to do those things, within reason, to comply with the code. The floor plans were reviewed by the Authority. City Attorney Myatt reviewed the memorandum to the City Manager, submitted by the Police Department setting out the following: On September 11, 1973, the above named person made ap- plication for a Beer, Wine and Liquor License. On September 15, 1973, this officer received the application for investigation. The following is the results of that investigation: BACKGROUND: Mr. Kapperman, his wife, Sharon, and four children have resided in Fort Collins for 11 years, most currently at 6501 Thompson Drive. Mr. Kapperman has owned Gene's Tavern for the past 10 years, and currently holds a 3.2% Fermented Malt Beverage License on the establishment. Mr. Kapperman has not been convict- ed of a felony in the past 15 years. The following two incidents were reported by Mr. Kapper- man on his application: Page 4 In 1964, when the license was in the name of both Richard and Gene Kapperman, Richard Kapperman sold a six-pack of beer at 12:05 A.M., and the license was temporarily suspended. In 1966, a 3.2% Malt Beverage License was held in the name of Richard Kapperman and Gene Kapperman. The licensees' mother, Ethel Kapperman, who was employed at the time, sold a six-pack to a seventeen year old, and the license was temporarily suspended. The Fort Collins Police Department has a record of the following Liquor Law Violations: On March 18, 1965, Mr. Kapperman's license was sus- pended for 48 hours for a violation of regulation #4C (After Hours Sales.) On January 20, 1966, Mr. Kapperman's license was suspended for 5 days for a violation of regulation #75-1-15, sub -section #1 (Sale to Persons Under 18.) On September 10, 1966, Mr. Kapperman's license was suspended for 30 days for violation of re ulation #75-1-15, sub -section #1 (Sale to Persons under 18.3 On February 15, 1973, seven arrests were made at Gene's Tavern reference a gambling violation. Later, a plead of no con- test was given in County Court by Mrs. Sharon Kapperman, who was in charge of the establishment on the night of February 15, 1973. A fine of $50.00 was assessed for the charge of allowing gambling in the establishment. RECOMMENDATION: This officer recommends that action on this application be delayed until the Liquor Licensing Authority has an opportunity to take action reference the gambling violation which occurred February 15, 1973. Respect ully submitted, Howard L. Reed, Detective Vice and Intelligence Bureau 4a'iph M. Smith Chief of Police HLR/sg . . a Page 5 Attorney Strahle stated the record should show that it would be prejudicial to his client to take evidence on a suspension and a application both on the same night. Attorney Myatt stated the Authority had two choices; they could direct that a "Show cause" notice be given and set a hearing date, or they could delay the final hearing on the hotel -restaurant Liquor License. Attorney Strahle inquired what procedures would be used in the hearing pro- cess, he would like a court recorded and also would expect to subpoena witnesses. City Attorney Myatt stated the hearing would be held in accordance with the rules of Civil Procedure. The charges against Mrs. Kapperman were discussed by her counsel and the Authority discussed the procedure to follow. Authority member Batson made a motion, seconded by Shelia Hendrick, to set November 21, 1973 as the hearing date for Gene's Tavern and to direct the City Attorney to prepare and deliver such notice. The motion carried. Authority member Hendrick made a motion, seconded by Rosemarie Fentress, to delay the final hearing date for a Hotel -Restaurant Liquor License for Gene's Tavern to December 19, 1973. The motion carried. General Business City Attorney Myatt stated the Authority needed to consider the rules of procedure as applied to 3.2% Fermented Malt Beverage Licenses. The City Attorney's office had reviewed the rules and the major revisions are chang- ing from the City Council to the Local Licensing Authority. The Rules of Procedure will be placed as an agenda item for the meeting of November 21, 1973. Adjournment Authority member Fentress made a motion, seconded by John.Batson, that the Licensing Authority adjourn. The motion carried. C rmaiY ATTEST: Secretary