HomeMy WebLinkAboutLiquor Licensing Authority - Minutes - 05/05/1976E
May 5, 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, May 5, 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: Baldivia, Seegmiller and
Stoner.
Absent: MacNair and Renz.
Staff Members Present: Groves and Lewis.
Also: Assistant City Attorney Myatt.
Minutes of Regular Meeting of April 7, 1976
Approved As Published
Authority member Stoner made a motion, seconded by Authority member
Baldivia to approve the minutes of the regular meeting of April 7,
1976 as published. The Chairman put the motion. which was unanimously
adopted.
Application for Retail Liquor Store License
for Frank H. Pino dba Westside Liquors, 1027
South Taft Hill Road Denied
Chairman Seegmiller read the rules of procedure at length. He then
inquired if the applicants were ready to proceed; finding the
applicants were ready to proceed, he then inquired if there were
Protestants to this application; finding that there were protestants
and that they were ready to proceed, he then stated the hearing
would go forward.
City Clerk Verna Lewis read the Resolution and Finding of the
preliminary reading at length.
Authority member Baldivia made a motion, seconded by Authority
member Stoner 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, Frank H. Pino, doing business as
West Side Liquors, made application to the Liquor Licensing
Authority for a retail liquor store license; 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 5th day of May, 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: West to the city
limits; north to the city limits; east to College Avenue;
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and south to Drake Road.
1 3. That the necessary notice of hearing by publication
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and by posting of the premises has not been given as provided
by law, and the Authority has directed the City Clerk to
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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.
f 5. That the application is in proper form and will be
heard by the authority on May 5, 1976.
Passed and adopted at a regular meeting of the Liquor
Licensing Authority held this 5th day of May, 976.
I
j Chairman
1 ATTEST:
City Clerk
ISM
Attorney Garth Rogers, representing the applicant, called the
applicant Frank H. Pino, 1109 Fuqua Drive to the stand. Mr. Pino
was duly sworn by the Court Recorder and gave testimony regarding
his background, his previous financial interest in the Golden Ram,
and his knowledge of the Liquor Laws of the State and City.
Mr. Pino gave further testimony regarding the proposed method
of operation of the establishment.
Attorney Rogers requested that the Authority grant a five minute
recess in order that he return to the office and obtain petitions
inadvertently left at his office.
Chairman Seegmiller declared a five minute recess of this hearing.
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Show Cause Hearing for Dirty Sams, 162
Linden on Suspension or Revocation
Continued to June 2, 1976 Meeting
City Attorney Myatt advised the Authority that Mr. Ackerman, the
licensee, had called his office and requested a continuance of
this hearing. Attorney Myatt reminded the Authority that he had
advised Mr. Ackerman that he should retain an attorney to repre-
sent him at this hearing; Mr. Ackerman had advised the Authority
that he had been unable to secure the services of an attorney
and felt it was very important to have an attorney represent
him in this matter.
Mr. Ackerman stated he did not have an attorney.at present.
Authority member Stoner stated he felt that 30 days would appear to be
sufficient time to find an attorney. Mr. Ackerman stated he had
not had the time to do it.
City Clerk Verna Lewis stated that in addition to the hearing
schedule for this evening the Authority also had on their agenda
an application for renewal of Mr. Ackerman's license. Should
the Authority grant a continuance to the next regular meeting
of June 2, Mr. Ackerman should be aware that his license expires
on June 9, 1976. Mr. Ackerman inquired if the Authority could
not act on the renewal this evening. Chairman Seegmiller stated
the Authority must deal with the hearing first then act on the
renewal.
Authority member Stoner made a motion, seconded by Authority
member Baldivia to grant a continuance of the Show Cause Hearing
to the June 2, 1976, regular meeting. The Chairman put the motion
which was unanimously adopted.
Authority member Baldivia made a motion, seconded by Authority
member Stoner to table consideration of the renewal application
to the June 2, 1976 regular meeting. The Chairman put the motion
which was unanimously adopted.
Show Cause Hearing for Country Politan
Restaurant, 246 North College Avenue
on Suspension or Revocation, Continued
to June 2, 1976 Regular Meeting
Assistant City Attorney Myatt advised the Authority that he was
contacted by the Attorney for the Country Politan; Attorney Jake
Valdez from Denver who has been representing them on bankruptcy
Proceedings had indicated that he had only been informed two
or three days ago of the hearing. They have formally requested
that the hearing be continued to the June 2, 1976 regular meeting.
Assistant City Attorney Myatt had informed Mr. Valdez that one of
the problems that the City had was that the City had subpoenaed
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a witness who was a college student, and the witness may or
may not be available for the June meeting and then the two
attorneys had entered into a stipulation concerning the testi-
mony of that witness which will be presented at the time of
the June 2nd meeting which will not necessitate the witness
be in attendance.
Authority member Stoner made a motion, seconded by Authority
member Baldivia to continue the Show Cause Hearing for the
Country Politan to the June 2, 1976 regular meeting with the
stipulations outlined by the City Attorney.
The Chairman put the motion which was unanimously adopted.
Application Received and Hearing Dates Set
on an Application for a Hotel Restaurant
Liquor License Submitted by Colorado Fare,
Inc dba Centennial, 132 LaPorte Avenue
City Attorney Myatt stated the application is in proper form.
City Clerk Verna Lewis stated the next hearing dates were
June 2, and June 30, 1976.
Authority member Baldivia made a motion, seconded by Authority
member Stoner to accept the application and schedule the
preliminary hearing date for June 2, 1976 and the final hearing
date for June 30, 1976.
The Chairman put the motion which was unanimously adopted.
Hearing on Westside. Liquors Continued
Chairman Seegmiller stated the hearing on Westside would proceed.
Attorney Rogers recalled Mr. Frank Pino to the stand and requested
he give testimony regarding his petitions which were passed in
the neighborhood. Applicant's Exhibit "A" were circulated on
Fuqua, Ponderosa, etc. in a three or four block area.
Applicant's Exhibit "B" being a petition passed among owners,
managers and employees of businesses located in the neighborhood
was examined by the applicant. Exhibit "B" was received and
admitted into evidence by the City Attorney.
Applicant's Exhibit "C" being a petition circulated among those
who might be potential customers was examined by the applicant,
and was admitted into evidence.
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Attorney Rogers then called the following persons who circulated
petitions in support of the application and who expressed their
desire that the license be granted, subsequent to being duly
sworn.
1. George Jones, 1918 South —Down Court - Applicant's
Exhibit. "D".
2. Henry Chavez, 2260 West Stuart - Applicant's Exhibit "E".
3. Carmell Solano, 706 Locust Drive - Applicant's Exhibit "F"
Attorney Garth Rogers then called the following persons who were
sworn by the Court Recorder who gave testimony in support of the
application.
1. Dan Ruzek, 1300 Ash.
2. Pete Rothfuss, 1060 Briarwood.
3. Joe Cordova, 1816 Timber Lane.
4. Virgil Warner, 1033 Mountview Road.
Attorney Rogers stated he had no further evidence to present in
view of the fact that there is opposition he would like to
reserve the right to cross examine any witness that the opposition
might present and the right to make closing statements.
City Attorney Myatt inquired if there were those in the audience
who wished to speak in favor of the application that have not had
an opportunity to speak. Hearing none, he then inquired if there
were those in the audience who wished to speak against the appli-
cation.
Mr. W. Farrell Jr. was sworn by the Court Recorder and requested
Mr. Pino be recalled to the stand and requested Mr. Pino testify
how he had determined the need for another retail outlet in the
neighborhood. Mr. Pino responded he had determined the need based
upon the growth in the area. Mr. Farrell also inquired who would
be on hand to contact the wholesalers during the day as Mr. Pino
had stated he would be in the store only in the evening after his
regular work hours.
Mr. Farrell then had Protestants Exhibit 1, 2 and 3 marked for
identification. City Attorney Myatt read the prelude to the
signatures which stated:
"TO THE FT. COLLINS LIQUOR LICENSING AUTHORITY, CITY.OF FT.
COLLINS, STATE OF COLORADO: The undersigned are all customers
of and shoppers at businesses located in the neighborhood where
Frank H. Pino, d/b/a Westside Liquors, has applied for a retail
liquor store license, at 1027 - South Taft Hill Road, Fort Collins,
Colorado. Our needs for this kind of service and product are
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adequately met by the existing outlets in the neighborhood, and
we desire that the license application of Frank H. Pino d/b/a
Westside Liquors be denied."
Mr. Myatt's question was whether it had been discussed with the
signatories of -the neighborhood as defined by the Authority.
Mr. Farrell stated he would have to discuss that with the
circulators. Mr. Farrell then gave testimony regarding the
direction of growth in the City which in his opinion was to
the south, and the fact that since the opening of the Foothills
Liquor Store their business had dropped approximately 25 per-
cent, one person had been laid off and as soon as school is
let out, in approximately two weeks, two students will be
leaving and only one will be replaced. Mr. Farrell then
called Mike Farrell to the stand.
Mr. Mike Farrell, 705 Sunrise, was sworn by the Court Recorder
and gave testimony regarding Protestant's Exhibit 1 and 2 and
the reasons why those not wishing to sign the petitions had
described as not wanting to be against "free enterprise."
City Attorney Myatt inquired of Mike Farrell on the preface to
the signatures it talks about outlets in the neighborhood, how
the neighborhood for the Authority means a specific thing; the
designated boundaries as established by the Authority.
Specifically, Attorney Myatt wished to know if Mr. Mike Farrell
had discussed the boundaries with signatories. Mr. Mike Farrell
stated the ones which were signed in the store (Exhibit #1)
had a boundary map to look at and the ones obtained in the area
residents did not, and it was not explained.
City Attorney Myatt stated Protestant's Exhibit 1 and 2 would be
admitted, with the Authority giving them whatever weight they
deem necessary.
Mr. W. Farrell Jr. then called Ms. Pat Farrell, 70S Sunrise Avenue,
who was sworn by the Court Recorder and gave testimony regarding
protestant's Exhibit "3". City Attorney Myatt inquired if
Ms. Farrell had understood the question regarding boundaries and
neighborhood and if she had discussed the boundaries with the
signatories. She responded she had not.
Attorney Rogers stated he had no questions of the previous witness,
he did wish to make a few comments regarding treatment of the
petitions; the petitions are not considered a'humbers gamd',the
test is the desires of the inhabitants and the needs of the
neighborhood. No evidence has been presented that Foothills
Discount Liquor Store is the cause for the reduction of business
in the Campus West Liquor Store. Mr. Rogers stated there has
been an increase of approximately 10,000 people in the area
since the last license was granted in the area.
City Attorney Myatt declared the hearing closed.
Authority member Baldivia made a motion to approve the
application for a Retail Liquor Store License for Frank H. Pino
dba Westside Liquors, 1027 South Taft Hill Road.
The Chairman declared the motion lost due to a lack of a second.
Authority member Stoner made a motion, seconded by Authority
member Baldivia to table a decision on this item until later in
the evening.
The Chairman put the motion which was unanimously adopted.
Renewal for a 3.2% Fermented Malt Beverage
Class B License for Thrifty Foods, 1205 West
Elizabeth - ADDroved
City Clerk Verna Lewis stated this was a routine renewal with
a negative Police report. The recommendation is for approval.
Authority member Baldivia made a motion, seconded by Authority
member Stoner to approve the renewal application.
The Chairman put the motion which was unanimously adopted.
Renewal of a 3.2% Fermented Malt Beverage
Class B License for Rex Aden dba Toot 'n Moo,
800 North College Avenue - Approved
City Clerk Verna Lewis stated this was a routine renewal with
a negative Police report. The recommendation is for approval.
Authority member Baldivia made a motion, seconded by Authority
member Stoner to approve the renewal application.
The Chairman put the motion which was unanimously adopted.
Application for Extended Hours for Keith and
Donna Blakeslee dba Serendipity Supper Club,
1201 North College Avenue - Approved
City Clerk Verna Lewis stated this application must be approved
by the local licensing authority prior to state approval. The
recommendation from the Police Department is for approval.
Authority member Stoner made a motion, seconded by Authority member
Baldivia to approve the application for extended hours.
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JWritten Warning Authorized for Pizza Hut,
City Clerk Verna Lewis read the Police Department report at
length:
Sir:
On April 10, 1976, this officer was on routine patrol checking
liquor outlets within the City of Fort Collins, when I made a check of the
premises of Pizza Hut at 2631 South College. Upon entering the building,
I proceeded around the interior, checking to see if any beer was still out
on the tables as it was approximately 12:30 a.m. When I walked around to
the north side of the building I observed a young couple sitting in a booth
with a pitcher and a glass in front of them. I stopped and identified my-
self as a police officer and asked them if the pitcher contained beer,:
they answered yes. I then advised them that I would have to confiscate the
beer as evidence in a liquor law violation case. The beer was picked up and
marked as evidence. I then proceeded to the kitchen area to notify the
manager of the situation. A copy of the case is available for your review.
RECOMMENDATION:
It is recommended that a written letter of warning be sent to the
licensee.
Authority member Stoner made a motion, seconded by Authority member
Baldivia to direct the City Attorney to issue a letter of warning
to the licensee.
Ace Liquors, 200 East Mountain Scheduled
for Show Cause Hearing on June 2. 1976
City Clerk Verna Lewis read the Police Department report at length:
Sir:
The first violation concerns the sale of liquor to an intoxicated
subject. On April 9, 1976, this officer while on routine patrol received a,
call from Sgt. Jerry Haals that he felt Ace Liquors might be going to sell
some liquor to a subject whom he felt was intoxicated. When I arrived I
observed the subject (whom I knew from contacts) to enter Ace Liquors. He
appeared to be staggering when he walked, and he did not seem to be able to
control his physical movements too well. I remained outside of the building
and when the subject exited he was stopped by myself and Sgt. Haals. When
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first confronted he had a strong odor of an alcoholic beverage about his
person, his speech was slurred very badly, and his eyes were very bloodshot.
He was asked to perform a roadside sobriety test, which he did and failed.
A pint bottle of vodka was taken from the subject and he was placed under
arrest for protective custody. I then notified the sales clerk in Ace Liquors
and asked for an explanation. They stated a new sales clerk had sold the
liquor to the subject and that he was unfamilier with him.
The second violation concerns underage sale and possession. On
April 23, 1976, this officer was working the downtown area with Jim Barry
and Danny Kramer from the State Liquor Enforcement Office. We were sitting
outside of Ace Liquors observing the customers when we observed one subject,
whom we thought was underage, buy a case of beer. When he exited the building
we stopped him and asked for identification. The I.D. he produced showed
that he was only 18 years old. The subject was then taken back into the
business to the sales clerk who had sold the liquor to him. The clerk was
asked if he had checked the subjects I.D. and he stated that he did not, he
thought he was old enough. Summonses were issued to the subject who had
bought the beer and to the sales clerk who had sold it to him. A copy of
the case is available for your review.
RECOMMENDATION:
It is recommended that the Authority hold a hearing to determine
whether or not the license of Gustav Miklos, DBA, Ace Liquors should be
suspended or revoked.
Attorney David Wood representing the licensee, Gustav Miklos dba
Ace Liquors, stated he did not wish to presume to short circuit
the hearing process and present full recitation of the facts to
the Authority under sworn testimony but since the Authority has
had the opportunity to hear the essential contents of an incident
report by the Police Department he thought it was only fair at
this stage to at least make an offer of proof and a brief summary
of what he felt the mitigating circumstances would demonstrate.
With respect to the first violation, an individual walked in to
Ace Liquors on the night of April 9, picked a bottle off the
shelf, walked to the counter and laid down the exact amount of
money required including sales tax, for which no change was
required to be made; the clerk at the cash register was having
some sort of a conversation with another patron, the person took
the bottle, turned and exited out the store. No words were
spoken, nothing was exchanged the money was laid on the table
in exactly the right amount, this clerk had never seen this
individual before. He exhibited no untoward behavior of any
type from the time he walked in until he left, which admittedly
was a very short period of time.
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With respect to the second violation, Attorney Wood stated the
evidence will show, if the hearing is held, that this individual
came into the store on at least three previous occasions and on
each of these three previous occasions, his identification had
been checked and he did have identification indicating that he
was over the age of 21 years. On the night in question, on
about College Days time when the store was very busy, the clerk
recognized the young man as one whom he had encountered before
and one whose identification he had checked before. Now the
law is clear that licensees are subjected to strict liability,
their good faith, their lack of any criminal intent is of no
moment as far as the violation of the law is concerned.
Nevertheless, this Licensing Authority is certainly entitled
to take these mitigating factors into consideration.
Attorney Wood recommended that under these circumstances
Mr. Miklos, as the licensee, is most painfully aware of the very,
very serious nature of these types of violations, and he has
redoubled his efforts to check identifications and observe
the demeanor of all patrons coming into their store, and on
the basis of that he would like to make a recommendation that
if letters come in the context of stern, sterner, and sternest,
that the Authority authorize and direct the City Attorney to
write the sternest possible letter of reprimand to the licensee,
cautioning him about the most serious consequences that would
follow from any further violation.
Authority member Stoner made a motion, seconded by Authority
member Baldivia that the Authority set a Show Cause Hearing
for Ace Liquors for June 2, 1976.
The Chairman put the motion which was unanimously adopted.
J TJ's, 142 Linden Street Scheduled for
Show Cause Hearin¢ on June 2. 1976
Chairman Seegmiller stated the Police report would not be read;
members of the Authority have copies and a copy was made available
to Mr. Borghi. The report is as follows:
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Sir:
On April 21, 1976, this officer was notified by Officers Lynn
Wagner and Jim Miller that T.J.'s Bar was scheduled to sponsor a T-shirt
contest at approximately 9:00 p.m. this evening. It has been the policy
of this officer to attend all T-shirt contests sponsored by the local bars
when reasonably possible, in that some actions on the part of patrons have
arisen out of some of the T-shirt contests which have been of a questionable
nature with regard to the legality of the law.
Upon entering the bar, I noticed that the interior was completely
packed and the crowd was estimated at over 300 people. I observed the
contest from approximately 15 feet away from the bar, which is where the
contest was held. I observed a total of three contestants. Two of the
three contestants removed all of their clothing so that they were entirely
naked during their time on the bar. Each contestant,after stripping, danced
up and down the bar for a period of time, making movements and gestures to
the audience. One contestant was accompanied by an unknown male who joined
her on the bar and assisted her in taking her clothes off. She, in turn,
made gestures towards assisting him in removing his clothes, however, during
the time in the bar this did not occur. The male also made gestures as if
he were "going down" on the girl however no sexual act was performed during
the time I was in the bar.
At no time was any effort made by the owner of the bar or his
employees to stop the display going on in his bar, which is a violation of
regulation q4, subsection B of the Colorado 3.2 Beer Act.
RECOMMENDATION:
It is recommended that the Authority hold a hearing to determine
whether or not the license of this establishment should be suspended or
revoked.
Mr. Borghi gave a summary of the events leading up the incidents.
Officer G.rouas reviewed prior violations.
Authority member Stoner made a motion that the Authority direct
the City Attorney to send a stern letter of reprimand to the
licensee.
The Chairman declared the motion dead for lack of a second.
Officer Groves stated that other 3.2 outlets had had similar
contests and they had maintained control of the situation.
Authority member Baldivia made a motion, seconded by Authority
member Stoner to schedule a Show Cause Hearing for TJ's on
June 2, 1976.
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The Chairman put the motion with the following vote: Yeas:
Authority members Baldivia and Seegmiller. Nay. Authority member
Stoner. (Secretary's note: This date was changed to June 30,
1976 later in the meeting.)
J Pogo's, 1220 West Elizabeth Street
Scheduled for Show Cause Hearing on
June 30. 1976
Chairman Seegmiller stated the Authority had the Police report
before them. The report is as follows:
Sir:
The first violation of two concerns itself with Regulation #4,
subsection B of the Colorado 3.2 Beer Act. On April 9, 1976, this officer
was in Pogo's to observe a T-shirt contest (a practice which was started
by Pogo's and has since been used by other bars).
This particular contest had four entrants, two female and two
male. The concern here is with the display put on by the male subjects.
When his time came to appear on the dance floor, this unknown male proceeded
to walk out to the center of the dance floor, lower his pants to his knees,
pull down his underpants and exhibit his genitals to the audience for a few
minutes. He then pulled his pants back up, turned around, walked a few
steps, lowered his pants again and exhibited his anal area to the audience.
At no time was any effort made by the management of Pogo's or their employees
to stop this display on the floor.
The second violation involves an intoxicated person on the premises.
On April 23, 1976, this officer was with Jim Barry and Danny Kramer of the
State 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.
RECOMMENDATION:
It is recommended that the Authority hold a hearing to determine
whether or not the license of Pogo's should be suspended or revoked.
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After deliberation on the written report and an additional
oral report from Officer Groves, Authority member Baldivia
made a motion, seconded by Authority member Stoner to
schedule a Show Cause Hearing for June 30, 1976.
The Chairman put the motion which was unanimously adopted.
Letter of Reprimand Authorized for ✓'
Sportsman's Bar, 210 Walnut
City Clerk Verna Lewis read the Police report at length:
Sir:
On April 22, 1976 at 10:45 p.m. this officer was on routine patrol
in the downtown area checking bars. I was in Orion's Belt standing near the
I.D. checker when a male and female entered the bar and presented their I.D.'s
for age verification. The female showed the checker a Utah drivers license
and, after he examined it for awhile, he stated that the license did not
appear to be hers. She took the license and left.
I followed the subjects down an alley and watched them enter the
Sportsman's Bar through the rear door. I waited outside a few minutes and
then entered the bar. Both subjects were seated in a front booth and both
had beer in front of them. I identified myself as a police officer and
requested some identification. After viewing the licenses presented (both
were Utah) I asked the female subject if the license was hers and if she was
21, and she replied no. Both subjects were asked to step outside where the
male subject also advised me he was not 21 either. The licenses and beer
were confiscated, brought to the police department, and placed into evidence.
The bartender was questioned on the scene and he stated he thought
they were 21 because he had seen them in the bar before when the owner was
on duty so he assumed she knew them, and that was good enough for him. A
copy of the case is available for your review.
RECOMMENDATION:
It is recommended that a stern written warning be issued to the
licensee.
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Authority member Stoner made a motion, seconded by Authority
member Baldivia that the Authority direct the City Attorney
to issue a stern letter of warning to the licensee.
The Chairman put the motion which was unanimously adopted.
JWritten Letter of Warning Authorized for
Poor Bov Sub. 708 South College Avenue
City Clerk Verna Lewis read the Police Department report at
length. Following is the report:
Sir:
On april 24, 1976 at 1:36 a.m., Officer Chuck Cross was in the
above named business taking a theft report from a citizen when he noticed
a half pitcher of beer sitting at another table with a customer sitting at
the table. The beer was immediately confiscated by the officer as evidence.
When Officer Cross talked to the manager he stated that he just got so busy
that he forgot to pick it up. A copy of the case is included for your
review.
RECOMMENDATION:
It is recommended that a written letter of warning be issued to
the licensee.
Authority member Baldivia made a motion, seconded by Authority
member Stoner to direct the City Attorney to issue a stern letter
of warning to the licensee.
The Chairman put the motion which was unanimously adopted.
Other Business
The Subcommittee is working on a proposed letter to be sent to
non-profit organizations regarding Special Events Permits. They
presented a draft composed by Authority member Baldivia.
Technical changes were recommended by the staff. City Clerk
Verna Lewis stated that upon completion of the form it will be
sent to those non-profit organizations listed in the Chamber of
Commerce Directory.
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Authority member Stoner made a motion, seconded bt Authority
member Baldivia to direct the City Clerk to prepare and transmit
the letter regarding Special Events Permits.
The Chairman put the motion which was unanimously adopted.
Decision Rendered on Application for
Retail Liquor Store dba Westside Liquors
Authority member Baldivia made a motion, seconded by Authority
member Stoner to remove this item from the table for consideration.
The Chairman put the motion which was unanimously adopted.
Authority member Baldivia made a motion, seconded by Authority
member Stoner to approve the application for a Retail Liquor
License for Frank H. Pino, dba Westside Liquor Store.
The Chairman put the motion with the following vote: Yeas:
Authority member Baldivia. Nays: Authority members Seegmiller
and Stoner.
The Chairman declared the license was denied.
Other Business
The Chairman stated he had a request from Mr. Stephen G. Ackerman.
Mr. Ackerman requested a special meeting be held to consider his
Show Cause Hearing prior to the June 2, 1976 meeting.
The Authority considered the time which has been available to
Mr. Ackerman to prepare for the hearing and expressed their feeling
he had had ample time to secure the services of an attorney.
Authority member Stoner made a motion, seconded by Authority
member Baldivia to deny the request from Mr. Ackerman to hold a
special meeting.
The Chairman put the motion which was unanimously adopted.
Authority member Stoner made a motion, seconded by Authority member
Baldivia to reschedule the Show Cause Hearing for Joseph J. Borghi
dba TJ's from June 2, 1976 to June 30, 1976.
The Chairman put the motion which was unanimously adopted.
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Police Report
Officer Groves gave the following report:
1. Availability of Fort Collins Ordinance Rules and Regulations
regarding 3.2% Fermented Malt Beverage and Hard Liquor.
City Clerk Verna Lewis stated Rules and Regulations as well
as Ordinances are provided, free of charge to each applicant.
Further copies of the code are available for copying at the
Library for 5� per page and available at the City Clerk's
Office for 50� per page.
2. Officer Groves reported an incident at Sportsman's Bar which
involved an Officer reporting to a disturbance call, in which
a person involved in the disturbance was in a back room behind
the bar.
3. An incident has been discovered of a juvenile purchasing
liquor at Johnny's Retail Liquor Store.
4. Officer Groves presented samples of bogus Colorado Driver's
Licenses. This has been referred to County Court.
Adjournment
Authority member Baldivia made a motion, seconded by Authority
member Stoner to adjourn. The Chairman put the motion which was
unanimously adopted.
ATTEST:
City Clerk
i
hairman
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