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HomeMy WebLinkAboutLiquor Licensing Authority - Minutes - 01/14/1976r LIQUOR LICENSING AU1110R177 January 14, 1976 - 7:30 P.M. Regular Meeting Present: James MacNair Linda Renz Carlos Seegmiller Ed Stoner Absent: Rudy Baldivia Also: Assistant City Attorney Ramsey Myatt Staff Members Present: Groves and Lewis Minutes of the Regular Meeting of December 17, 1975 Approved. Minutes of Special Meeting of December 19, 1975 Tabled Chairman Seegmiller stated copies of the minutes had been received. Authority member Renz made a motion, seconded by Authority member MacNair to approve the minutes of the December 17, 1975 regular meeting as published. The Chairman put the motion which was unanimously adopted. Authority member Renz made a motion, seconded by Authority member MacNair to table consideration of the minutes of the Special meeting of December 19, 1975 to February 11, 1976. The Chairman put the motion which was unanimously adopted. Final Hearing on a Beer and Wine License Application from Gaton III, Inc. dba Canino's Italian Restaurant 613 South College Avenue Approved Chairman Seegmiller read the rules of procedure at length naming all of the applicants scheduled for hearings. He next inquired if there were any Pro- testants to any of the applications or if there was any reason why the hearings should not proceed. No opposition was voiced. The Authority then proceeded with the hearing for a Beer and Wine License submitted by Gaton III Inc. dba Canino's Italian Restaurant. City Clerk, Verna Lewis read the resolution regarding the preliminary hearing at length. Authority member Renz made a motion, seconded by Authority member MacNair 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, Gaton III, Inc., doing business as Canino's Italian Restaurant, made application to the Liquor Licensing Authority for a beer and wine liquor 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 14th day of January, 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- 2. That the boundaries of the neighborhood to be served by this applicant are as follows: Bounded on the north by Oak Street, on the East by Riverside and Lemay avenue, on the South by Prospect, and on the West by Shields Street. 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 14th day of January, 1976. Passed and adopted at a regular meeting of the Liquor Licensing Authority held this 14th day of Januarv. 1976. ATTEST: Ld City Clerk -3- Attorney John P. Tracy representing the applicant described applicant's Exhibit "A" being the deed to the property which would indicate right to occupy the premises. Clyde Gaton Canino ILI, 613 South College was duly sworn by the Court Recorder and gave testimony in support of this application, his previous experience and personal background. Mr. Canino identified applicant's Exhibit "F-1" being a drawing depicting the kitchen area of the restaurant. Barbara Pettit, 805 E. Drake Road, was sworn by the Court Recorder and gave testimony regarding Mr. Canino's past employment at the Out of Bounds Restaurant. Mr. Robert Wildgen, 718 Sandpiper Court, was duly sworn by the Court Recorder and gave testimony in support of the application. Attorney Tracy submitted applicant's Exhibit "B" being a letter signed by Theodore R. Davis of Everitt Companies of Fort Collins in support of the application. Sharon Wilmore, 214 East Myrtle was duly sworn by the Court Recorder and gave testimony to applicant's Exhibit "C-1, C-2, and C-3" being petitions circulated in support of the application totaling 150 signatures. City Clerk Verna Lewis, stated for the record, notices had been sent to adjacent property owners, no protests or endorsements for the application were returned. Assistant City Attorney Myatt advised the Authority that the Police Department Investigative report had been submitted by Lt. Gary Perman. Lt. Perman was not there this evening and therefore Officer Groves did not want to make a comment on the report. The report was then passed amongst the members of the Authority; Attorney Tracy was also given an opportunity to review the report. The report is as follows: Sir: On November 14, 1975, the above named individual applied for a beer and wine license; this officer received the application for investigation on November 15. Following are the results of that investigation: BACKGROUND: Mr. Canino, who is listed on the application as sole owner of the establishment, is 22 years of age, single, and resides at the business at 613 South College Avenue. -4- •- 0 In checking Mr. Canino's records with other law enforcement agencies, I found two incidents other than traffic. In May of 1973, Mr. Canino was arrested by CSU Police and charged in District Court with 4th degree arson as a result of a desk being burned in his room in Green Hall. Mr. Canino was granted a deferred prosecution on the incident. However, in October, 1973, Mr. Canino was arrested for felony possession of marijuana. Through plea bargaining on the two incidents, Mr. Canino pled guilty to misdemeanor criminal mischief on the arson incident and misdemeanor possession of narcotics on the marijuana incident. He received sentences of $250. fine and 90 days in jail, and $150. fine and six months in jail on the respective charges; the jail sentences were, however, suspended for one year. RECOMMENDATION: Investigation has revealed no disqualifications and we would, therefore, recommend that the application be approved. Respectfully submitted, 76-1� Lt. Gary Perman Investigative Division 0 alph M Sm t Chief of Police Attorney Tracy stated he was aware of the situation raised and has discussed this with the City Attorney, not the Assistant City Attorney, prior to filing the application. It is rather a delicate matter, but in lieu of the recommendation of the Police Department that the application be approved, he would hope that it would not in any way influence the Licensing Authority. He then requested a conference prior to any questions with the Assistant City Attorney; and if the Authority feels there is need to question the applicant on the record, in public and follow the recommendation of the Police then he would have no further comment. City Attorney Myatt stated he would like to add a comment to that, under the rules of procedure of the Liquor Licensing Authority the Authority has the right to take under consideration the application, and grant or deny the application within thirty days; they also have the right to conduct their own investigations. The Authority granted Mr. Tracy time to consult with the Assistant City Attorney and the Authority took a recess. -5- Upon reconvening the hearing, Attorney Tracy stated that in Light of the report that was just provided him, lie would like to recall Mr. Canino back for some brief testimony and questions that the Authority might think are appropriate. Mr. Canino was reminded lie was still under oath and gave testimony regarding the incidences. It was determined that Mr. Canino has paid his fines and has been discharged as far as the two offenses are concerned and he does not have to answer to charges any further. At the conclusion of the hearing the Chairman stated the Authority could render a decision at this time, or render a decision in thrity days. Authority member Stoner made a motion, seconded by Authority member Renz to approve the application. The Chairman put the motion which was unanimously adopted. Hearing on An Application for a 3.2% Fermented Malt JBeverage License for Walgreen Company dba Robin Hood, 215 East Foothills Parkway Approved City Clerk Verna Lewis advised the Authority that the premises have been posted, the publication made and that the Authority previously had established the Foothills Fashion Mall as the boundary for this application. Notices to adja- cent property owners had been sent, no letters were returned and no protests filed. Chairman Seegmiller inquired if the applicants were ready to proceed. Attorney William Beardslee stated he was representing Walgreen Drugs, an Illinois Corporation dba as The Robin Hood Restaurant in Colorado. Mr. John Roger Pratt, 812 Dawn Avenue was duly sworn by the Court Recorder and gave testimony as the restaurant manager. Mr. Pratt testified as to his past employment and his willingness to abide by the Fermented Malt Beverage Laws of Colorado and of the City of Fort Collins. The menu was presented to be used by Walgreens and the hours of operation and proposed method of checking identification and supervision of the sale of Fermented Malt Beverage. Applicant's Exhibit "A", being a petition circulated in the Foothills Mall to Managers, Assistant Managers, and owners was received by the Authority; the petitions were in support of the application. The following employees were called, duly sworn by the Court Recorder and presented testimony regarding applicants Exhibits "B, B-1, C, C-l" and "D being petitions circulated among the patrons in support of the application, containing 443 signatures. 1. Carolyn Jerabek 2. Barbara Evers 3. Kris Robinson -6- • At the conclusion of the hearing Authority member MacNair made a motion, seconded by Authority member Stoner to approve the application of the Walgreen Company dba Robin Hood for a 3.2% Fermented Malt Beverage License. The Chairman put the motion which was unanimously adopted. Hearing on An Application For a 3.2% Fermented / Malt Beverage License for Terry L. Suppes dba Pizza Inn, 820 City Park Avenue Approved City Clerk Verna Lewis stated the premises had been posted and the notice given; one letter returned from adjacent property owners indicating support of the application. The boundaries established for the application were 2,000 feet in each direction. Attorney Thomas W. Metcalf, representing the applicant called the first witness who was Terry Suppes, 2848 Edinburgh Court. Mr. Suppes was sworn by the Court Recorder and gave testimony regarding his previous experience specifically in other Pizza Inns in the State and his responsibility in administering the liquor laws. Mr. Suppes gave further testimony regarding the proposed operation; i.e. menus, building layout, and hours of operation. Applicant's Exhibit "A" being two petitions circulated by Mr. Suppes were presented to the Authority. Rick L. Rogers, 895 Faith Court, Longmont, Colorado, was called and duly sworn by the Court Recorder. Mr. Rogers advised the Authority that he is employed as a supervisor for Pizza Inn and his duties involve petitioning for this license and also for a license for a new store in Longmont, enforcing the liquor laws for those stores that already have a license and assisting in the management of this store until the Longmont store is ready to open. Applicant's Exhibit "B" was presented, being petitions in support of this application circulated by Mr. Rogers, containing approximately 180 signatures. Perry Joseph Loesch, 722 West Mountain, Fort Collins was called and duly sworn by the Court Recorder. Mr. Loesch advised the Authority that lie is a student at CSU and employed by Pizza Inn during vacation times as a bartender. Applicant's Exhibit "C" being petitions, circulated to residents of the area were presented to the Authority. City Clerk, Verna Lewis, advised the Authority that letters advising the adjacent property owners of the proposed outlet were mailed out and one letter received back in support of the application. Assistant City Attorney Ramsey Myatt advised Mr. Metcalf that a trade name affidavit needed to be filed with the City Clerk and a paper showing proof of ownership to Mr. Suppes. (Secretary's note: The proof of ownership has been filed with the Clerk's office.) -7- Authority member MacNair made a motion, seconded by Authority member Stoner to approve the application for a 3.2% Fermented Malt Beverage License for Terry Suppes dba Pizza Inn contingent upon the Clerk's Office receiving the proper papers regarding the proof of ownership and trade name affidavit. The Chairman put the motion which was unanimously adopted. Hearing on an Application For a 3.2% Fermented Malt Beverage License for Snowcap Inc. dba Godfather's ✓ Pizza, 116 East Foothills Parkway, Tabled to February 11, 1976 City Clerk, Verna Lewis, advised the Authority that the property has been posted, notice was published in the local newspaper and letters were sent to the adjacent property owners notifying them of the application. There have been no protests filed to date. Mr. Ken Bator, 705 East Drake Road, Manager of the proposed outlet was duly sworn by the Court Recorder. Mr. Bator gave testimony as to the location, kind of service, relation to other outlets, menu, and hours of operation. The Assistant City Attorney Ramsey Myatt advised the applicant that the file was in need of a copy of the Articles of Incorporation. Mr. Bator advised the Authority that Mr. Bill Dressel had met with him on January 12 and they were in. the process of filing the Articles now. Authority member Stoner made a motion, seconded by Authority member MacNair to table any action on this application to February 11, to receive further evidence in support of the application. The Chairman put the motion which was unanimously adopted. ✓ Renewal Application for National Tea Company dba National Foods, 420 South College Avenue, Approv City Clerk, Verna Lewis, advised the Authority that this is a routine renewal and the recommendation of the Police Department states in part, "recommend renewal of the application." Authority member Stoner made a motion, seconded by Authority member Renz to approve the renewal application for National Tea Company dba National Foods, 420 South College Avenue. The Chairman put the motion, which was unanimously adopted. Application for Expansion of Premises Submitted by State Board of Agriculture dba Colorado State University Student Center, Approved City Clerk Verna Lewis stated the administration should report on whether this expansion is substantial and further recommend if they felt a full new hearing would be required. This original license was granted in March of 1970 and confusion has existed since that time as to the portions of the Student Center which are in fact licensed to sell Fermented Malt Beverages. J City Clerk Verna Lewis then administered the oath to Mr. 11. L. Tomlinson who gave testimony relative to the license stating the license applied to the student center and for the last six years they have been serving in the Ramskellar, they had recently received request to serve in the Rambouillet Room. The request now is for expansion into the game room and for the Rambouillet Room. Chairman Seegmiller stated that as he understood the request from the admini- stration, the Authority was to define where beer ought to be served. Authority member Stoner inquired into the possible problems of identification check in the game room. Mr. Tomlinson stated there are provisions at the desk for checking identification. The Chairman then restated the recommendation of the administration that since this facility is on the campus and responsibility of the University that a full new hearing not be required. Authority member Renz made a motion, seconded by Authority member Stoner that this not be found to be substantial enough to require a new hearing. Yeas: Authority members MacNair, Renz and Stoner. Nays: None. Chairman Seegmiller abstained as he is employed by the applicant, the State Board of Agriculture. Authority member Stoner made a motion, seconded by Authority member Renz to approve the expansion to permit the sale of 3.2% Malt Beverages in the existing Ramskellar, the game room (bowling alley and billiard area), and in the Rambouillet Room, (menu dining room) of the Student Center. City Clerk Verna Lewis inquired if this motion would also include service in the patio area. Mr. Tomlinson stated he would like to include the patio area but if the Authority was not comfortable with it they could leave it out. The Chairman stated the patio area had not been discussed. The Authority then reviewed this request. Mr. Tomlinson then stated "let me back up, I just recollected here. I don't believe our direction comes from our administration to use that patio, to be honest with you. I think the Rambouillet and the bowling alley and the Ramskellar is the extent of the request." Upon the conclusion of the hearing the Chairman put the motion with the following vote. Yeas: Authority members MacNair, Renz and Stoner. Nays: None. The Chairman abstained. Special Events Application Submitted by Towers Student Government Association for February 13, 1976, Approved City Clerk, Verna Lewis, advised the Authority that there were letters in from the Police Department regarding the application. Mr. Gary Vette, Manager at Durrell Center.from CSU Food Service spoke to the reason for the permit. -9- Assistant City Attorney, Ramsey Myatt spoke to the type of organization applying for the permit and that technically according to the rules and regulations this organization does not fit any of the classifications listed. Mr. Vette advised the Authority that this group is affiliated with a national organization for student resident halls. Authority member Stoner made a motion, seconded by Authority member Renz to approve the Special Events Permit for the Towers Stud64t Government on February 13, 1976. The Chairman put the motion which was unanimously adopted. Consider Alleged Violations on Christmas Day at Shop 'n Go Market, 802 South College Avenue and TJ's, 142 Linden City Clerk, Verna Lewis, read the following Police Department reports at length. Sir: On December 25, 1975 at 4:00 p.m., a complaint was filed with the Fort Collins Police Department by Richard Fitzgerald, owner of the "Country Store." The complaint was in reference to the Shop-N-Go at 802 South College Avenue selling beer on Christmas Day in violation of City Ordinance 33-20. Officer Chuck Murphy took the report and proceeded to Shop-N-Go where he also observed the sale of beer. The attendent on duty was immediately advised to cease selling beer, which he did. No summons was issued at this time. On the 30th day of December, after further investigation was completed, a summons was issued to Thomas Newby DBA National Convenience Stores (Shop-N- Go). The summons was for violation of section 33-20 of the city of Fort Collins Municipal Ordinance, with the court date set for the 19th of January, 1976. The purpose of this letter is merely to advise the authority of action taken by the Police Department at the time of the offense. It is also being brought to your attention in the event that you might wish to take further action. -10- Sir: On December 25, 1975 at 10:22 p.m., Officer Chuck Murphy was on routine patrol in the bar area when he noticed the exterior sign of T. J.'s was on. From past experience he knew that this generally meant the bar was open for business. Further investigation revealed that this was the case. Approximately seven patrons were in the bar drinking beer. The attendent on duty was immediately advised to cease selling beer, which he did. No summons was issued at this time. On the 30th of December, after further investigation was completed, a summons was issued to Joseph Borghi, DBA, T. J.'s. The summons was for violation of section 33-20 of the city of Fort Collins Municipal Ordinance with the court date set for the 19th of January, 1976. The purpose of this letter is merely to advise the authority of action taken by the Police Department at the time of the offense. It is also being brought to your attention in the event that you might wish to take further action. Assistant City Attorney Myatt explained to the Authority the steps that have already been taken regarding these violations. Authority member Stoner made a motion, seconded by Authority member MacNair to send a letter of reprimand to the Shop 'n Go Market, 802 South College and TY s, 142 Linden. The Chairman put the motion which was unanimously adopted. Consider Alleged Violation at Orion's Belt, 242 Linden Avenue City Clerk, Verna Lewis, read the report from the Police Department Sir: On January 11, 1976, at 12:03 a.m., two out -of -city juveniles and one adult CSU student were contacted by Officer Dennis Whitesell. The contact was in reference to a broken window which had just been reported in the downtown area. During his investigation, it was determined that all three subjects had been in Orion's Belt earlier in the evening. The Juveniles stated that they just paid the cover charge and went in. They were not asked for any I.D. at any time. Both juveniles filled out state- ments to this effect. It was later learned that they were football recruits for CSU, and that they were being shown a "good time." Subsequently, the manager of Orion's Belt was contacted by this officer. He was completely unaware of the incident and stated he would begin steps immediately to prevent any future happenings of this nature. Copies of the case are available for your review. -11- Recommendation: It is recommended that a written letter of warning be issued to the licensee. Officer Jeff Groves spoke to the Authority regarding this violation. Authority member Renz made a motion, seconded by Authority member Stoner directing the City Attorney to send a letter of reprimand to be sent to the owners of Orion's Belt, 242 Linden. The Chairman put the motion which was unanimously adopted. Consider Alleged Violation at Sportsman's Bar, 210 Walnut Street Officer Jeff Groves brought this violation to the Authority's attention and spoke to the circumstances. Authority member MacNair made a motion, seconded by Authority member Stoner to send a letter of reprimand to Sportsman's Bar in regard to this matter. The Chairman put the motion which was unanimously adopted. Consider Annual Report City Clerk, Verna Lewis, presented the Annual Report to the Authority and reviewed it with the Authority. Authority member Renz made a motion, seconded by Authority member Stoner to accept the report, approve report and submit it to the Council. The Chairman put the motion which was unanimously adopted. Ajournment Authority member Stoner made a motion, seconded by Authority member MacNair to adjourn. The Chairman put the motion which was unanimously adopted. &4& lke.461� 0 00 irman ATTEST: ity Cler -12-