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HomeMy WebLinkAboutLiquor Licensing Authority - Minutes - 06/30/1976June 30, 1976 LIQUOR LICENSING AUTHORITY Regular Meeting - 7:30 P.M. A regular meeting of the Liquor Licensing Authority of the City of Fort Collins was held on Wednesday, June 30, 1976, at 7:30 P.M. in the Council Chambers in the City of Fort Collins City Hall. Chairman Seegmiller called the meeting to order noting the following Authority members present: James MacNair, Linda Renz, Carlos Seegmiller and Ed Stoner. Absent: Rudy Baldivia. Staff Members Present: Officer Jeff Groves and City Clerk Verna Lewis. Also Present: City Attorney Arthur March, Assistant City Attorney Joe Carroll, State Liquor Enforcement Officers Jim Barry and Dan Kramer. Minutes of June 2, 1976 Regular Meeting Apvroved Authority member Renz made a motion, seconded by Authority member MacNair to approve the minutes as published from the regular meeting of June 2, 1976. The Chairman put the motion which was unanimously adopted. Final Hearing on a Hotel -Restaurant Liquor License for Colorado Fare, Inc. dba Centennial. 132 Laporte Avenue The Chairman read the rules of procedure at length. City Clerk, Verna Lewis read the following resolution at length: RESOLUTION OF THE LIQUOR LICENSING AUTHORITY OF FORT COLLINS SETTING FORTH FINDINGS ON A PRELIMIN- ARY HEARING ON A LIQUOR LICENSE APPLICATION WHEREAS, heretofore, Colorado Fair, Inc., doing business as Centennial, 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, THEREFORE, BE IT RESOLVED BY THE LIQUOR 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 30th day of June, 1976: 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 area enclosed within the following description: Commence at the intersection of Vine Drive and Shields Street in the City, thence Southerly along Shields Street to a point which represents the centerline of Pitkin Street extended Westerly to Shields Street, thence Easterly along the extension of Pitkin Street and Pitkin Street to Lemay Avenue, thence Northerly along Lemay Avenue to the city limits, thence following the city limits generally to the North and then to the West and then to the South and again to the West to the point of beginning. 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 prigr to the hearing date. -2- 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 June 30, 1976. Passed and adopted at a regular meeting of the Liquor Licensing Authority held this ATTEST: City C erk Authority member MacNair made a motion, seconded by Authority member Renz to adopt the resolution as read. The Chairman put the motion which was unanimously adopted. Mr. David Wood, Attorney, introduced himself to the Authority stating also that he represented the applicant, Colorado Fare, Inc. Mr. Alan Christian, 1150 Lehigh Street, Boulder, was called and duly sworn before giving testimony. The Authority was advised that Mr. Christian is employed as a general manager for Grand America Fare, Inc. listing his duties as a general manager. Mr. Christian is also the President of Colorado Fare, Inc., and will be the General Manager of the proposed Centennial if the license application is granted. Applicant's exhibits A, B and C were presented, being pictures of restaurants owned and operated by Grand American Fare, Inc. in other areas of the country. Exhibits D thur J were identified as pictures and layouts of other restaurants similar in design and operation to the proposed Centennial in Fort Collins. All of the above exhibits were offered as evidence in support of this application. Mr. Chiristian reviewed the architectural drawings of the proposed building with the Authority. Applicant's exhibit "K", a menu from another restaurant, was submitted into evidence being very similar to the proposed menu for Centennial. The proposed operation was described in detail as to activities, type of menu and decor. Petitioner's exhibit "L" was presented being a carried by the petition circulator when seeking the petitions in support of this application. -3- demonstration card signature for Petitioner's exhibit "M" was presented being the petitions circulated in support of this application to those whose principal place of employment was located within the boundaries. Petitioner's exhibit "N" was presented being petitions circulated to residents living in the area to be served. The petitions contained 1,540 signatures of persons supporting this application for a Hotel -Restaurant liquor license. Mr. Wesley Briggs, owner of Briggs Hotel at 169' North College, spoke in opposition to the application; not because of the liquor but because of the noise created by the added traffic between the hours of 11:30 P.M. to 3:00 A.M. Authority member Stoner made a motion, seconded by Authority member Renz to approve the application for a Hotel -Restaurant liquor license for Colorado Fare Inc. dba Centennial, 132 Laporte Avenue. The Chairman put the motion which was unanimously adopted. Mr. David Wood, Attorney for the applicant, requested that applicant's exhibits "A" thru "C" and "E" thru "J" be withdrawn. 1 Hearing to Show/Cause Why the 3.2% Fermented Malt Beverage a License Held by Joseph J. Borghi dba TJ's Should Not Be Suspended or Revoked City Attorney Arthur March Jr., set out the rules and procedures to be followed during the next two hearings. Assistant City Attorney, Joe Carroll, first called Officer Jeff Groves who was duly sworn before giving testimony regarding the violation of Regulation No. 4.13. of the "Colorado 3.2 Beer Act Rules and Regulations." "Regulation No. 4.B. Each licensee shall conduct his establishment in a decent, orderly, and respectable manner, and shall not permit within or upon the licensed premises the loitering of habitual drunkards or intoxicated person, lewd or indecent displays, profanity, rowdiness, undue noise, or other disturbances or activity offensive to the senses of the average citizen, or to the residents of the neighborhood in which the establishment is located." Mr. Joseph Borghi, owner of TJ's, was duly sworn before giving testimony. Respondent's exhibit 1 and 2 were received by the Authority, with particular attention to the items that are under- lined in each of the exhibits presented. -4- Assistant City Attorney Joe Carroll further questioned Mr. Borghi as to the events leading to this violation and the resultant hearing. Mr. Borghi also answered additional questions from the Authority members. Mr. Bob Hitchens was called by Mr. Borghi to testify. Mr. Hitchens was duly sworn and gave testimony as to the events on the evening of April 21, 1976. Authority member Renz made a motion, seconded by Authority member Stoner that there was an indecent display. The Chairman put the motion which was unanimously adopted. Authority member Renz made a motion, seconded by Authority member Seegmiller that Mr. Borghi did not allow the act to occur. The Chairman put the motion with the following vote: Yeas: Renz and Seegmiller. Nays: Stoner and MacNair. Authority member MacNair made a motion, seconded by Authority member Stoner that Mr. Borghi did indeed tolerate the situation. The Chairman put the motion with the following vote: Yeas: MacNair and Stoner. Nays: Renz and Seegmiller. C1 p�-r e i� ei Under the circumstances, City Attorney March made the following 74zY/7� ruling: that ther-awgr pot a lati-on. No furthertion taken. � c Hearing to Show/Cause Why the 3.2% Fermented Malt Beverage License for Larry Duncan dba Pogo's Should not be Suspended or Revoked Mr. Allen Porter, Attorney, introduced himself to the Authority stating he represented the licensee in this matter. Mr. March City Attorney, set forth the procedures to be followed. Assistant City Attorney, Joe Carroll called Officer Jeff Groves who was duly sworn before giving testimony regarding the violation to Regulation No. 4.B. which reads as follows: "Regulation No. 4.B. Each licensee shall conduct his establishment in a decent, orderly, and respectable manner, and shall not permit within or upon the licensed premises the loitering of habitual drunkards or intoxicated persons, lewd or indecent displays, profanity, rowdiness, undue noise, or other disturbances or activity offensive to the residents of the neighborhood in which the establish- ment is located." -5- Mr. Porter, Attorney for the licensee, cross examined Officer Groves. Mr. Randal Bogges, 3027 S. Franklin, Denver, was called and duly sworn before giving testimony. Claudia Cavanagh, a previous employee, was called and duly sworn before giving testimony regarding this matter. The Authority recalled Mr. Bogges inquiring into additional specific general information, seating capacity and staffing. Authority member MacNair made a motion, seconded by Authority member Stoner, that there was an indecent act or indecent display. The Chairman put the motion which was unanimously adopted. Authority member Renz made a motion, seconded by Authority member MacNair, that the management did not allow the indecent act to happen. The Chairman put the motion which was unanimously adopted. City Attorney, Arthur March, Jr. read the following report from the Police Department regarding another violation. "The second violation involves an intoxicated person on the premises. On April 23, 1976, this officer was with Jim Barry and Danny Kramer of theState Liquor Enforcement Department inside Pogo's. While_ in Pogo's we observed a male subject at a table with his head laying on his hands. His eyes were closed and he showed no motion. Closer examination showed the subject to have passed out, from a state of intoxication. The management was immediately notified and asked for assistance in removing the subject. Several attempts to revive the subject failed, finally when we started to move him he awoke, however, he was still extremely drunk." Authority member Stoner made a motion, seconded by Authority member Renz that a stern letter of reprimand be sent to the licensee regarding the violation involving an intoxicated person. The Chairman put the motion which was unanimously adopted. Preliminary Hearing on a Hotel -Restaurant Liquor License J With Extended Hours for Giuseppe's of Fort Collins Inc., 354 Walnut The recommendation from the Administration is as follows: The Administration recommends the following boundaries: North from subject premises to the City Limits. South from subject premises to Prospect Street. East from subject premises to Riverside and Lemay following the City Limits North at the intersection of Riverside and Magnolia. West from subject premises to Shields Street. 4;athority member Stoner made a motion, seconded by Authority member Renz to set the boundaries for the area to be served as recommended by the City Administration. The Chairman put the motion which was unanimously adopted. The City Attorney called to the Authority's attention some problems with the application, namely that David F. Guild has been listed as a reference and then there are three letters of reference for David F. Guild. Mr. McMahon advised the Authority that Mr. Guild is to be a part of the corporation and the application will have to be changed to reflect that. Transfer of 3.2% Fermented Malt Beverage License from Myrtle A. Mulvihill dba Riverside Kwik Stop to Venta, Inc., dba Riverside Kwik Stop, Approved City Clerk Verna Lewis read the following Police Department Report at length: "On May 27, 1976, the above named corporation made application for the transfer of a 3.2% Fermented Malt Beverage License, retail. The same date this officer received the application for investi- gation. The following are the results of that investigation. BACKGROUND: Mr. Howard Arnold, his wife, and four children reside at 2515 Creighton Drive in Golden, Colorado. Mr. Arnold has been associated with Venta, Inc. since 1968 and is currently president of the corporation. Prior to his employment with Venta, Inc., he was employed with the Gulf Oil Corporation for a period of 12 years. Currently, Venta, Inc. holds 10 other 3.2% beer licenses around the state, most of which are used in a gas station -convenience store type operation. Mr. James McBride is the other partner in the corporation. Mr. McBride is married and has two children. He is currently living in Golden, Colorado separated from his wife and children. 7 Through a records check, Mr. McBride is shown to have one conviction for DWI in November, 1975, here in Colorado. Mr. McBride has been associated with Venta, Inc. since 1970; prior to that he was employed by various firms including Standard Oil of Texas for 11 years. All persons have been photographed and records were checked at all previous residences through the local law enforcement agencies. Records checks were additionally made with the Fort Collins Police Department and the Larimer County Sheriff's Office. No records were found other than minor traffic violations on both applicants. Both applicants are also clear in NCIC and CCIC. RECOMMENDATION: The investigation has revealed nothing derogatory and we would, therefore, recommend approval of this application." City Attorney, Arthur March required of the applicant to describe the alterations being made. City Clerk Verna Lewis administered the oath to Mr. Jones McBride, one of the owners, before giving testimony as to regards to the changes being made. The changes were found to be more of a decorative nature rather than structural changes. Mr. McBride also gave testimony as to the type of operation proposed for this outlet. Authority member Renz made a motion, seconded by Authority member MacNair to approve the transfer of ownership be approved pending the manager's clearance with the Police Department. The Chairman put the motion which was unanimously adopted. The Chairman introduced the new Authority member, Dell Bean,to the rest of the members of the Authority. Renewal of Retail Liquor Store License for Riverside Corporation dba Pit Stop Liquors 315 Riverside. Approved City Attorney, Arthur March, Jr. read the following Police Depart- ment Report at length: "On May 27, 1976, the above named corporation made application for renewal of its retail liquor store license. The same day this officer received the application for review. A records check reveals that Mr. George Garcia, a principle in the corporation, is currently charged with 12-47-124, Unlawful Acts: Open container in a retail liquor store, and 12-47-130, Unlawful Acts: Serving and giving away liquor to a minor, with a trial date -8- set for August 24, 1976 in Larimer County Court. This arose out of Case #76-6798, for which Pit Stop Liquors also received a written warning from the Authority. Further checking of the records reveals that Pit -Stop Liquors received a written letter of warning from the Authority on January 2, 1976 resulting from FCPD Case #161067, Underage Possession. RECOMMENDATION: Although the Police Department has reservations about the renewal due to the recurring problems at Pit -Stop Liquors, it is felt that the problem has not yet reached a point where a recommendation for denial of the renewal is warranted. Therefore, we recommend approval of the application." Authority member Stoner made a -notion, seconded by Authority member MacNair to approve the application for renewal of a retail liquor store license for Riverside Corporation dba Pit Stop Liquors, 315 Riverside Drive. The Chairman put the motion which was unanimously adopted. Renewal Application for a 3.2% Fermented Malt Beverage License for Southland Corp., dba 7-Eleven Store 505 South Shields, Approved City Clerk Verna Lewis advised the Authority that this was a routine renewal application and that there was a negative Police Department report. Authority member MacNair made a motion, seconded by Authority member Renz to approve the renewal application for a 3.2% Fermented Malt Beverage, Class B License for Southland Corp. dba 7-Eleven Store, 50S South Shields. The Chairman put the motion which was unani- mously adopted. Renewal Application for a 3.2% Fermented Malt Beverage ✓ License for Dillon Companies, Inc., dba King Soopers, 2325 South College Avenue, Approved_ City Clerk, Verna Lewis advised the Authority that this was a renewal application and that there was a negative Police Department report with the recommendation to approve the renewal at this time. Authority member Renz made a motion, seconded by Authority member MacNair to approve the renewal application for a 3.2% Fermented Malt Beverage Class B license for Dillon Companies dba King Soopers, 2325 South College Avenue. The Chairman put the motion which was unanimously adopted. -9- Renewal Application for Hotel -Restaurant Liquor License with Extended Hours for Keith and Donna Blakeslee dba Serendipity Supper Club, 1201 North College Avenue, Withdrawn City Clerk Verna Lewis advised the Authority that the licensee had telephoned the Clerk's office requesting the renewal application be withdrawn at this time. Authority member Renz made a motion, seconded by Authority member MacNair to approve the request for withdrawal of the renewal application submitted by Keith and Donna Blakeslee dba Serendipity Supper Club, 1201 North College, and refund those fees which have been paid. The Chairman put the motion which was unanimously adopted. Other Business 1. City Clerk, Verna Lewis reminded the Authority of the special meeting on July 14th when the State Liquor Inspector, Jim Barry, will be here to explain the charges enacted by the State Legislature. 2. The Authority was advised that the Police Department has received all of the reports on Mr. and Mrs. Nordick, new corporate owners of Pelican Pete's Fish and Oyster Bar, and nothing derogatory reported. 3. Officer Jeff Groves advised the Authority that he has not received all of the reports back on the Centennial application. City Attorney Arthur March advised that a report should have been prepared stating the investigation was incomplete as of this date since this was the scheduled final hearing. 4. City Clerk, Verna Lewis, presented to the Authority a draft of a letter to be sent to all non-profit organizations explaining the procedures for applying to the City for a Special Events Permit. Adjournment Authority member Stoner made a motion, seconded by Authority member MacNair that the meeting adjourn. The Chairman put the motion which was unanimously adopted. airman ATTEST: City Clerk -10-