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HomeMy WebLinkAboutLiquor Licensing Authority - Minutes - 04/07/1976April 7, 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, April 7, 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, MacNair, Renz, Seegmiller and Stoner. Staff Members Present: Groves and Lewis. Also: Assistant City Attorney Ramsey Myatt. Minutes of Regular Meeting of March 10, 1976 Approved As Published Authority member Baldivia made a motion, seconded by Authority member Stoner to approve the minutes of the regular meeting on March 10, 1976. The Chairman put the motion ,which was unanimously adopted. Boundaries Established for Westside Liquors, Final Hearing Scheduled For May 5, 1976 The Chairman read the following memo from the administration: The administration recommends the following boundary: West from subject premises to the City Limits South from subject premises to Drake Road East from subject premises to Shields Street North from subject premises to Mulberry The outlets holding liquor licenses within a one mile radius are: Hotel -Restaurant Liquor License Chesterfield,Bottomsley and Potts, 1415 W. Elizabeth Retail Liquor Store License Campus West Liquors, 1107 City Park Avenue Mr. W. Ferrell Jr. owner of Campus West Liquors, 1107 City Park Avenue asked the Authority how the boundaries were established and asked if the Authority would consider the eastern boundary as College Avenue. Mr. Tom Metcalf, Attorney representing the applicant requested the following boundaries: The City limits on the South, West and North and East to Shields Street from the proposed outlet. Authority member Renz made a motion to set the boundaries as follows: West to the City limits, South to Drake Road, East to College Avenue and North to Mulberry and the final hearing scheduled on May Sth. Motion died for a lack of second. Authority member Stoner made a motion, seconded by Authority member Baldivia that the boundaries be as follows: West to the City limits, South to Drake Road, East to College Avenue and North to the City limits. Yeas: Baldivia, MacNair, Seegmiller and Stoner, Nays: Renz. Pitzelle's Ltd., 215 Foothills Parkway, Corporate Structure Change Approved Authority member Renz made a motion, seconded by Authority member MacNair to remove this item from the table for consideration. The Chairman put the motion which was unanimously adopted. Mr. Mike Sakala, manager, was duly sworn by the City Clerk before answering questions from the Authority. Mr. Pete Sakala, owner of the corporation, was sworn and gave testimony regarding Mike Sakala's experience. Authority member Renz made a motion, seconded by Authority member Stoner to approve the Corporate structure change submitted by Sakala's Inc. dba Pitzelle's Ltd. 215 Foothills Parkway. The Chairman put the motion which was unanimously adopted. Renewal of a 3.2% Fermented Malt Beverage Class C 1 License for Danny D. Rogers dba Town Pump, 124 North College Avenue, Approved Verna Lewis, City Clerk read the following report from the Police Department. -2- 0 On March 9, 1976, the above named individual made application for renewal of his 3.2% Fermented Malt Beverage License. The same day, this officer received the application for review. In checking the records of the Fort Collins Police Department for the past year, three incident reports were found concerning the above estab- lishment. Case #154949 on July 29, 1975 at 7:21 p.m. involved a disturbance between two customers, one of which received injuries that warranted him being taken to the hospital by a friend. Case #160475 on November 20, 1975 at 4:54 p.m. involved a violation of city ordinance by the failure of the establishment to post in a con- spicuous place a sign stating that the police would be notified of all dis- turbances. The situation was immediately taken care of by the owner. The final case, #76-1796, occuring on February 6, 1976 at 10:37 p.m. involved an assist to the ambulance. Evidently a customer passed out in the bar and could not be revived by other patrons. The ambulance was called and the subject was taken to Poudre Valley Memorial Hospital where he was checked by a doctor, released, and then taken to jail for protective custody. Follow- up by this officer showed that the subject, just prior to passing out, walked into the Town Pump and had just sat down when he keeled over. There is no indication that the bar served the subject until the point of saturation was reached. Ioaw3ulq�ll S The investigation has revealed nothing derogatory and we would, therefore, recommend approval of this application. Authority member Stoner made a motion, seconded by Authority member MacNair to approve the renewal application for a 3.2% Fermented Malt Beverage, Class C License for Danny D. Rogers dba Town Pump, 124 North College Avenue. The Chairman put the motion which was unanimously adopted. Renewal for a 3.2% Fermented Malt Beverage Class A License for the State Board of Agriculture, Student Center, C.S.U. Approved City Clerk Verna Lewis advised the Authorky that the Police Department report was negative and the recommendation was for renewal. Authority member Baldivia made a motion, seconded by Authority member MacNair to approve the renewal application for a 3.2% Fermented Malt Beverage , Class A License for the State Board of Agriculture, Student Center, C.S.U. The Chair- man put the motion which was unanimously adopted. -3- 1 Renewal for a 3.2% Fermented Malt Beverage Class C License for Pitzelle's Ltd, 119 West Oak, Approved City Clerk, Verna Lewis advised the Authority that the Police Department Report was negative and the recommendation was for renewal of the license. Authority member MacNair made a motion, seconded by Authority member Baldivia to approve the renewal application for a 3.2% Fermented Malt Beverage Class C License for Pitzelle's Ltd., 119 West Oak. The Chairman put the motion which was unanimously adopted. f Renewal for a 3.2% Fermented Malt Beverage Class B License for Ronald Vigil dba Andersonville Grocery, 418 - 9th Street Approved City Clerk, Verna Lewis advised the Authority that the report from the Police Department is negative and the recommendation is for renewal of the license. Authority member Renz made a motion, seconded by Authority member Baldivia to approve the renewal application for a 3.2% Fermented Malt Beverage License for Ronald Vigil dba Andersonville Grocer, 418 - 9th Street. The Chairman put the motion which was unanimously adopted. Renewal for a 3.2% Fermented Malt Beverage Class B License for Southland Corp. dba 7-Eleven, 1029 South Taft Hill Road, Approved City Clerk, Verna Lewis, advised the Authority that the report from the Police Department is negative and the recommendation is for renewal of the license. 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 Corporation dba 7-Eleven Store, 1027 S. Taft Hill Road. The Chairman put the motion which was unanimously adopted. Consider Alleged Violation at Campus West Liquors, J 1107 Citv Park Avenue City Clerk, Verna Lewis, read the following report from the Police Department. On March 12, 1976, at 10:22 P.M., Detective Ray Martinez was in Campus West Liquors at 1107 City Perk Avenue for the purpose of possibly observing any liquor law violations. While in the store he watched two subjects enter the store, make a selection of an alcoholic beverage, and pay for their selection. The -4- 0 subjects were confronted outside of the store and asked for identification. The identification produced showed one subject to be 21 while the other one, who purchased the liquor, was only 20. RECOMMENDATION: It is recommended that a written letter of warning be issued to the licensee. The Authority had considerable discussion regarding this violation with the licensee and discussed measures to be taken to avoid reoccurrences. Authority member Renz made a motion, seconded by Authority member MacNair to direct the City Attorney to send a stern letter of reprimand to Campus West Liquors. The Chairman put the motion which was unanimously adopted. Consider Alleged Violation at Dirty Sam's, ✓ 162 Linden Street City Clerk, Verna Lewis, read the following report from the Police Department at length. On March 12, 1976, (FCPD Case #76-3381), this officer was on routine bar check at 162 Linden Street, in the bar known as Dirty Sam's. While in the bar, I observed and confiscated evidence pertaining to a violation of C.R.S. 1973, 12-46-112. 75-1-12. Unlawful to sell other bevera es. -- It shall be unlawful for any manufacturer or w o esa er to sel eliver, or cause to be delivered to any retail license any beverage containing alcohol in excess of three and two -tenths per cent by weight; or for any retailer to sell, possess, or permit the consumption on the premises any of the beverages containing alcohol in excess of three and two -tenths per cent by weight, or for any retail licensee to hold or operate under any license for the sale of any beverages containing alcohol in excess of three and two -tenths per cent by weight for the same premises. Any violation by any licensee of the provisions of this section shall immediately cause the forfeiture of the bond herein provided and cancellation of the license granted under this action. The Police Department requests that a hearing be held to determine whether or not the license of Stephen Ackerman, DBA, Dirty Sam's should be revoked or suspended. Officer Jeff Groves described this violatbn to the Authority and listed other violations which have occurred during the past year. Authority member Baldivia made a motion that there be a show/cause hearing at the next regularly scheduled meeting of the Liquor Licensing Authority on May 5, 1976 to determine whether or notthelicense of Stephen Ackerman, dba Dirty Sam's should be suspended or revoked. The motion was seconded -5- by Authority member Renz. The Chairman put the motion which was unanimously adopted. Consider Alleged Violation at Country Politan, 246 North College Avenue City Clerk, Verna Lewis, read the following report of the Police Department at length. On March 12, 1976 (FCPD Case #76-3385) this officer apprehended a female individual within the establishment at 246 North College Avenue known as the Country Politan. This individual was under 21 years of age and was drinking an alcoholic beverage within the establishment. Pursuant to this incident and also making reference to a letter written January 2, 1976 by Ramsey Myatt of the City Attorney's office, at the request of the Liquor Licensing Authority, the Police Department hereby requests that the Authority hold a hearing to determine whether or not the license of this establishment should be suspended or revoked. Officer Jeff Groves referred to the last letter written by the Assistant City Attorney at the direction of the Authority stating that any further violations would result in a show/cause hearing. Authority member Stoner made a motion, seconded by Authority member Baldivia that there be a show/cause hearing at the next regularly scheduled meeting of the Liquor Licensing Authority on May 5, 1976 to determine whether or not the license for the Country Politan, 246 North College Avenue, be suspended or revoked. The Chairman put the motion which was unanimously adopted. Consider Alleged Violation at Shop 'n Go Market, / 802 South College Avenue City Clerk, Verna Lewis, read the report from the Police Department at length. On March 20, 1976, Officer Dennis Whitesell observed a vehicle on the north side of the Shop 'n Go at 802 South College. The driver of the vehicle got out and entered the store, while a passenger remained with the car. According to Officer Whitesell, the passenger acted very nervous and continually watched the patrol car's movement. Eventually contact was made with the driver, after he came out of the store carrying two six packs of beer. Identification was requested, and when produced, it showed the subject to be 16 years old. Statements were received from the subject that at no time was any identification requested from him while in the store. RECOMMENDATION: This being the second liquor law violation within a period of four months, the other being FCPD Case #162067 involving the sale of beer on Christmas Day 1975, it is recommended that a stern written warning be issued -6- to the licensee with the additional understanding that any future violations will result in the request for a suspension hearing by the Police Department. Authority member Stoner made a motion, seconded by Authority member Baldivia to direct the City Attorney to write a stern letter of reprimand to the Shop 'n Go Market, 802 S. College stating that any subsequent violations may result in a show/cause hearing. The Chainan put the motion which was unanimously adopted. Resolution Granting a 3.2% Fermented Malt Beverage Class C License to Yankee Clipper, 2635 South College Avenue, Adopted City Clerk, Verna Lewis read the resolution title only as copies had been forwarded to the Authority members prior to the meeting. Authority member Baldivia made a motion, seconded by Authority member Renz to adopt the resolution granting a 3.2% Fermented Malt Beverage Class C License to Yankee Clipper, 2635 South College Avenue. The Chairman put the motion which was unanimously adopted. 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 Yankee Clipper of Fort Collins #1, Inc., d/b/a Yankee Clipper for a Class C License for the sale of non -intoxicating malt liquor came on for hearing on March 10, 1976, 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: -7- 1. The license sought by the applicant is for a loca- tion at 2635 South College Avenue, Fort Collins, Colorado, said site being occupied as a fish and chips 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 testimony or petitions were presented contrary to this postition of the applicant. 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 neighborhood 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 Yankee Clipper of Fort Collins #1, Inc., d/b/a Yankee go Clipper for a Class C License for the sale of non - intoxicating malt liquor at 2635 South College Avenue, 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 meeting of the Liquor Licensing Authority of the City of Fort Collins, Colorado, held this 7th day of ADril A-n_. 197F,_ M Other Business officer Jeff Groves brought the following items to the attention of the Authority. 1. Casa Godinez is leasing out the bar area. According to State Statutes, this is illegal. Discussion with the individuals did indicate'a sale is forthcoming soon. 2. Country Politan has filed under title II out of District Court a bankruptcy claim and the owners of the Smoke House have been taken in as partners to operate the kitchen to comply with State law. 3. There has been good cooperation with Damy Rogers at the Town Pump regarding the reporting of intoxicated subjects'in his bar. 4. Showed a false I.D. to the Authority which was picked up at Aggie Liquors. Chairman Seegmiller stated he did not have the by-laws ready but would have them soon. Adjournment Authority member Stoner made a motion, seconded by Authority member Renz to adjourn. The Chairman put the motion which was unanimously adopted. irman ATTEST: -10- I