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HomeMy WebLinkAboutLiquor Licensing Authority - Minutes - 12/17/1975% LIQUOR LICENSING AUTHORITY December 17, 1975 Regular Meeting - 7:30 P.M. Present: Rudy Baldivia James MacNair Linda Renz Carlos Seegmiller Ed Stoner Staff Members Present: Officer Groves, and Verna Lewis Also: Assistant City Attorney Ramsey Myatt Minutes of November 19, 1975 Meeting Approved Authority member Baldivia made a motion seconded by Authority member MacNair to approve the minutes as published from the regular meeting on December 17, 1975. The Chairman put the motion which was unanimously adopted. Discussion on Food Service Requirements State Liquor Inspector, James Barry, spoke to the Authority regarding food service requirements for a Hotel -Restaurant Liquor License. Mr. Barry advised the Authority that at the present time the Liquor Department is operating under an opinion from the Attorney General's Office "that a meal service is satisfied by the use of frozen TV dinners and an oven, or ovens in which to heat them on and enough people to serve them to the customers." Retail Liquor Store License Application for Rex Stephen Miller dba Tafthill Liquor, 1027 South Taft Hill Road, Withdrawn City Clerk, Verna Lewis, advised the Authority that the Clerk's Office had received a written letter requesting that this application be withdrawn. Authority member MacNair made a motion, seconded by Authority member Baldivia to approve the request for withdrawal of the application for a Retail Liquor Store License submitted by Rex Stephen Miller dba Tafthill Liquor, 1027 Taft Hill Road. The Chairman put the motion which was unanimously adopted. Boundaries Established for a Beer and Wine License Application for Gaton III, Inc. dba Caninok Italian Restaurant. 613 South College Avenue City Clerk, Verna Lewis listed for the Authority the licensed establishments within a one mile radius as follows: Wine and Beer License: Guiseppe's, 254 Walnut Green Turtle, 150 N. College Club License: VFW, 201 Linden Hotel -Restaurant License: The Brothers, 249 South College Catacombs, 115 S. College Country Politan, 246 N. College Golden Ram, 214 Linden Gene's Tavern, 200 Walnut Lift Ticket Lounge, 181 N. College Northern Hotel, 172 N. College Out of Bounds, 200 W. Mountain Sagebrush, 934 Lemay Sportsman's Bar, 210 Walnut Retail Liquor Stores: Ace Liquors, 200 E. Mountain Aggie Liquors, 429 Canyon Avenue Johnny's Liquors, 111 W. Prospect Pit Stop Liquors, 315 Riverside The Administration recommends the boundaries to be one mile radius squared to the nearest corner. Mr. John P. Tracy, attorney for the applicant. presented to the City Attorney n plat showing the parking arrangements. Mr. Clyde Gaton Canino III, 2625 North Shields was called and gave testimony as to the neighborhood as the applicant sees it. The neighborhood as defined by the applicant is as follows: North to Oak Street West to Shields Street South to Prospect Street East to Lemay continuing diagonally on Riverside back to oak Street. -2- Authority member Renz made a motion, seconded by Authority member Baldivia to set the boundaries for the area to be served as requested by the applicant. The Chairman put the motion with the following vote: Yeas: Baldivia, MacNair, and Renz. Nays: Seegmiller and Stoner. Application for a 3.2% Fermented Malt Beverage License Submitted by Walgreen Company dba Robin Hood, 215 Foothills Parkway, Accepted, Hearing Date Set and Boundaries Established City Clerk, Verna Lewis, advised the Authority that the application was in proper form aid if there were any deficiencies the Clerk's Office would notify the applicant. The Administration recommendation for boundaries to be served is the Foothills Fashion Mall. Authority member Stoner made a motion, seconded by Authority member MacNair to accept the application for a 3.2% Fermented Malt Beverage License submitted by Walgreen Company dba Robin Hood, 215 Foothills Fashion Mall and establish the boundaries as the Foothills Fashion Mall and set the hearing date as January 14, 1976. The Chairman put the motion which was unanimously adopted. Application for a 3.2% Fermented Malt Beverage License Submitted by Terry L. Suppes dba Pizza Inn, 820 City Park Avenue, Accepted Boundaries Established and Hearing Date Scheduled City Clerk, Verna Lewis advised the Authority that this is an application for on and off consumption. The Administration recommendation for the area to be served is 2,000 feet in each direction squared to the nearest corner. City Attorney, Ramsey Myatt advised the Authority that the file needs a trade name affidavit and a deed or lease showing possession of the property by the applicant. Authority member Renz made a motion, seconded by Authority member Stoner to accept the application for a 3.2% Fermented Malt Beverage License, establish the boundaries for the area to be served as 2,000 feet in each direction and schedule the hearing for January 14, 1976. The Chairman put the motion which was unanimously adopted. Application for a 3.2% Fermented Malt Beverage License Submitted by Snowcap, Inc. dba Godfather's Pizza, 116 East Foothills Parkway Accepted, Boundaries Established. Hearing Scheduled City Clerk, Verna Lewis advised the Authority that this is an application for both on and off consumption. The Administration recommendation for boundaries is the Foothills Convenience Center. -3- Authority member Stoner made a motion, seconded by Authoritymember MacNair to accept the application for a 3.2% Fermented Malt Beverage License, establish the boundaries for the area to be served as the Foothills Convenience Center and schedule the hearing for January 14, 1976. The Chairman put the motion which was unanimously adopted. The City Attorney, Ramsey Myatt, noted for the file the following deficiencies: 1) On the State application question #20 needs further clarification. 2) Resume for Ken Bator. 3) Articles of Incorporation. 4) Trade name affidavit. 5) Reference letters. Renewal Application for a Hotel-Restuarant Liquor License with Extended Hours for Unicorn Corp. dba Catacombs Restaurant, 115 South College Avenue Approved City Clerk, Verna Lewis read the following Police Department report at length. On November 19, 1975, the above named corporation made application for renewal of their Malt, Vinous, and Spirituous Liquor License. On the same date this officer received the application for review. In checking the records of the Fort Collins Police Department and the Larimer County Sheriff's Office, it was noted that twelve disturbances occurred during the past year in the above named establishment. All twelve of the disturbances stemmed from customer related problems, with the degree of seriousness ranging from intoxication and vandalism to carrying a concealed weapon and resisting arrest. One incident of a liquor law violation was also found which occurred on January 11, 1975 (FCPD case #146521.) This case involved possession of alcoholic beverages by a number of people after the establishment was closed to the general public. further investigation revealed that this same type of occurrance has happened before, once in October, 1973 (FCPD case #129326) and again in August of 1974 (FCPD case #140846.) A written warning was received by the Catacombs for the incident in October of 1973, and a verbal warning was received by the establishment for the incident in August of 1974. On February 12, 1975, a hearing was held before the Liquor Licensing Authority for the alleged violation on January 11, 1975. However, due to legal deficiencies, no action was taken by the Authority. -4- RECOMMENDATION: In view of the reoccurring nature of the problem with after bours service, which has happened once a year for the last three years, it is recommended that renewal of this license be granted with a stern written warning being issued to the licensee, and with the additional understanding that any future violation will result in a request for a suspension hearing by the Police Department. The Authority discussed the report at length. Authority member Stoner made a motion, seconded by Authority member Renz to approve the renewal application for a Hotel -Restaurant Liquor License with extended hours for the Unicorn Corporation dba Catacombs Restaurant and direct the City Attorney to write a stern letter of reprimand. The Chairman put the motion which was unanimously adopted. Renewal Application for a Hotel -Restaurant Liquor License for Pagoda Enterprises Inc., 1002 North College Avenue, Approved City Clerk, Verna Lewis advised the Authority that the Police Department Report was negative and, the recommendation was for renewal. Authority member MacNair made a motion, seconded by Authority member Baldivia to approve the renewal application for a Hotel -Restaurant Liquor License for Pagoda Enterprises, 1002 North College Avenue. The Chairman put the motion which was unanimously adopted. Renewal Application for Hotel -Restaurant Liquor License with Extended Hours for Horsetooth Lanes Tack Room, 217 West Horsetooth Road, Approved City Clerk, Verna Lewis read the following Police Department report. On December 5, 1975, the above named corporation made application for renewal of their Malt, Vinous, and Spirituous Liquor License. On December 10, 1975, this officer received the application for review. -5- This officer checked the records of the Fort Collins Police Department and the Larimer County Sheriff's Office and it was noted that two disturbances occurred during the past year in the above named establish- ment. Both of the disturbances stemmed from customer related problems, with the degree of seriousness ranging from a verbal argument to disturbing the peace with an arrest being made by this Department. This officer can find no legal basis to recommend denial of this application at the present time. Authority member Baldivia made a motion, seconded by Authority, member Renz to approve the renewal application for Horsetooth Lanes Tack Room, 217 West Horsetooth Road, Hotel -Restaurant Liquor License with extended hours. The Chairman put the motion which was unanimously adopted. Renewal Application for a Hotel -Restaurant Liquor License with Extended Hours for Monte Carlo Lounge, 830 North College Avenue, Approved City Clerk, Verna Lewis read the following.Police Department Report. On December 5, 1975, the above named individuals made application for renewal of their Malt, Vinous, and Spirituous Liquor License. On December 10, 1975, this officer received the application for review. This officer checked the records of the Fort Collins Police Department and the Larimer County Sheriff's Office and found that two disturbances occurred in the above named establishment during the past year. Both of the disturbances stemmed from customer related problems, with the incidents going no farther than verbal arguments. This officer can find no legal basis to recommend denial of the above named application at the present time. Authority member Stoner made a motion, seconded by Authority member MacNair to approve the renewal application for a Hotel -Restaurant Liquor License with extended hours for Monte Carlo Lounge, 830 North College Avenue'. The Chairman put the motion which was unanimously adopted. IR A Transfer of a Hotel -Restaurant Liquor License to BSH Corporation dba The Brothers, 249 South College Avenue Approved City Clerk, Verna Lewis advised the Authority that there were no changes in personnel; the change was from a partnership to a corporation. The Police Department report is as follows: On for transfer ofvthe eMalt, Vinoust and he aSpirituous Liquor bove named aLicense. Ontion made pthe asame date this officer received the application for review. In checking the records of the Fort Collins Police Department and the Larimer County Sheriff's Office, it was noted that thirteen disturbances occurred during the past year in the above named establishment. All thirteen of the disturbances stemmed from customer related problems, with the degree of mriousness ranging from intoxication to small physical fights. One incident of a liquor law violation was also found (FCPD case #146522.) This incident occurred on January 11, 1975 and involved possession of alcoholic beverages by persons after the business was closed to the public. It is recommended that the transfer of this license be granted with a written warning being issued to the licensee. Authority member Stoner made a motion, seconded by Authority member MacNair to approve the transfer of ownership for The Brothers, 249 South College Avenue from a partnership to a coproration with a stern letter of warning regarding violations of the past year. The Chairman put the motion which was unanimously adopted. Renewal Application for a Hotel -Restaurant Liquor License with Extended Hours for Tico's of Fort Collins 333 West Drake Road Approved City Clerk, Verna Lewis, read the following Police Department report: On December 4, 1975, the above named corporation made application for renewal of their Malt, Vinous, and Spirituous Liquor License. On December 8, 1975, this officer received the application for review. -7- This officer checked the records of the Fort Collins Police Department and the Larimer County Sheriff's Office. It was noted that two disturbances occurred during the past year in the above named establishment. Both of the disturbances were the direct result of customer problems. Neither of the two incidents involved anything more than verbal arguments, and this was stopped when the police arrived on the scene. This officer can find no legal basis to recommend denial of the application at the present time. Authority member MacNair made a motion, seconded by Authority member Baldivia to approve the renewal application for a Hotel -Restaurant Liquor License with extended hours for Tico's of Fort Collins with a letter of warning to the owners. The Chairman put the motion which was unanimously adopted. Renewal Application for a Hotel -Restaurant Liquor License with Extended Hours for Moot House, 2626 South College Avenue Approved City Clerk, Verna Lewis read the following Police Department Report at length. On December 12, 1975, the above named corporation made application for renewal of their Malt, Vinous, and Spirituous Liquor License. On December 15, 1975, this officer received the application for review. In checking the records of the Fort Collins Police Department and the Larimer County Sheriff's Office, it was noted that one disturbance occurred during the past year in the above named establishment. This disturbance was customer related and ended with all parties involved leaving the bar. One incident of a liquor law violation was also found (FCPD case #147319.) This incident occurred on February 2, 1975 and involved possession of alcoholic beverages by persons after the business was closed to the public. A copy of the case is available for your review. RECOMMENDATION: It is recommended that this renewal application be granted with a written warning being issued to the licensee. Authority member Baldivia made a motion, seconded by Authority member Stoner to approve the renewal application for a Hotel -Restaurant Liquor License with extended hours for Moot House, 2626 South College Avenue and direct the City Attorney to write a firm letter of warning to the license holder. The Chairman put the notion which was unanimously adopted. -8- Renewal Application for a Hotel -Restaurant Liquor License with Extended Hours for The Country Politan, 246 North College Avenue, Approved, and Alleged Liquor Law Violation Discussed City Clerk, Verna Lewis, read the following Police Department reports at length. SUBJECT: Renewal Application for Malt, Vinous, and Spirituous Liquor License, Harvey L. Farr and Billy J. Dahlem, DBA, The Country Politan, 246 North College Avenue, Fort Collins Sir: On December 10, 1975, the above named individuals made application for renewal of their Malt, Vinous, and Spirituous Liquor License. On the same date, this officer received the application for review. In checking the records of the Fort Collins Police Department and the Larimer County Sheriff's Office, it was noted that 24 disturbances occurred during the past year in the above named establishment. All 24 of the disturbances stemmed from customer related problems, with the degree of seriousness ranging from intoxication to disorderly conduct and disturbing the pease. All of these incidents resulted in the arrest of a number of customers. It was also noted that three violations of the liquor code have occurred in the above named establishment in the last year. The first violation occurred on January 11, 1975 (FCPD case #146523) and involved the consumption of alcohol after hours. This was due to the failure of some employees to remove all of the drinks off the tables before the prescribed closing time of 2:00 a.m. The incident, which was discovered by officers at 2:16 a.m., resulted in a verbal warning being issued to the licensee. The second violation occurred on February 1, 1975 and involved underage possession and an employee of the bar. of the Country Politan was called into the Police Department (FCPD case #147302) The manager for a meeting with the liquor enforcement officer due to this violation. As a result of the meeting, a second verbal warning was issued, and the management of the Country Politan decided to terminate the employee involved. The final violation occurred on November 20, 1975 (FCPD case #160435) and again involved underage possession. This matter is currently before the Authority and will be heard during the meeting of December 17, 1975. The purpose of noting it here is only to bring it into perspective along with the other violations. Recommendation: It is recommended that the application for renewal be granted, and at the same time it is requested that the Authority note to themselves that any future violations of any nature will result in a suspension hearing. SUBJECT: Alleged Liquor Law violation occurring on November 20, 1975, The Country Politan, 246 North College Avenue, Fort Collins (FCPD Case #160435) Si r: On November 20, 1975 at approximately 12:28 a.m., Officers Jim Miller and Jim Kyle of the Fort Collins Police Department were on routine patrol making a bar check at the Country Politan. While doing so, Officer Miller noticed three people drinking in the bar, one of which was known to him from previous contacts. While checking I.D.'s it was found that one of the people did not have any identification. Further investigation revealed that this person was twenty years old. He was subsequently arrested, brought to the Police station, booked, and released. A few days later I had a meeting with the manager of the Country Politan. Our discussion included both what might possibly happen as a result of the violation and also how this type of occurance might be prevented in the future. Recommendation: This being the second violation of this type within a period of one year and the third liquor law violation for this establishment within the same time period, it is recommended that the authority issue a stern written warning to the licensee. Included in this warning would be a further warning that any future violation would result in a request for a suspension hearing by the Police Department. -10- • The Authority discussed both reports at length. Authority member Stoner made a motion, seconded by Authority member MacNair to approve the renewal application for a Hotel -Restaurant Liquor License with extended hours for the Country Politan, 246 North College with a firm letter of warning from the City Attorney. The Chairman put the motion which was unanimously adopted. Renewal Application for a 3.2% Fermented Malt Beverage License for Fat Man's Pizza Pub, 2900 Harvard, Approved City Clerk, Verna Lewis, advised the Authority that the Police Department report states in part, "found no violations for the above named establishment in the past year . . . can find no legal basis to recommend denial of this application at the present time. 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 Fat Man's Pizza Pub, 2900 Harvard. The Chairman put the motion which was unanimously adopted. Renewal Application for a 3.2% Fermented Malt Beverage License for Pizza Roma, 746 North College Avenue, Approved City Clerk, Verna Lewis, advised the Authority that the Police Department report states in part, "no violations for the above named establishment . . . can find no legal basis to recommend denial of this application at the present time." Authority member Stoner made a motion, seconded by Authority member Renz to approve the renewal application for Pizza Roma, 746 North College Avenue, for a 3.2% Fermented Malt Beverage License. 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 Stores, 1001 Lemay, Approved City Clerk, Verna Lewis advised the Authority that the Police Department report states in part, "no violations for the above named establishment in the past year . . . can find no legal basis to recommend denial of this application at the present time." Authority member Baldivia made a motion, seconded by Authority member Stoner to approve the renewal application for a 3.2% Fermented Malt Beverage License for Southland Corp. dba 7-Eleven Store, 1001 Lemay. The Chairman put the motion which was unanimously adopted. -11- Renewal Application for a 3.2% Fermented Malt Beverage License for National Convenience Stores, Inc. dba Shop 'n Go Markets, 802 South College Avenue Approved City Clerk, Verna Lewis, advised the Authority that the Police Department Report states in part, "no violations had occurred in the above establishment during the past year . can find no legal basis to recommend denial of this appli- cation at this time." Authority member MacNair made a motion, seconded by Authority member Stoner to approve the renewal application for a 3.2% Fermented Malt Beverage License for National Convenience Stores dba Shop 'n Go Markets, 802 South College Avenue. The Chairman put the motion which was unanimously adopted. Renewal Application for a 3.2% Fermented Malt Beverage License for National Convenience Stores, Inc., dba Shop 'n Go Markets, 1330 West Elizabeth, Approved City Clerk, Verna Lewis read the following Police Department Report at length. On December 12, 1975, the above named corporation made application for renewal of their 3.2% Fermented Malt Beverage License. On December 15, this officer received the application for review. In checking the records of the Fort Collins Police Department and the Larimer County Sheriff's Office, it was noted that one liquor law violation occurred in the above named establishment during the past year. This involved the purchase of some beer by a Fort Collins area juvenile, with the aid of a false I.D. This incident was handled by the Police Depart- ment by way of a personal meeting with the manager of the business, at which time a verbal warning was issued. This officer can find no legal basis to recommend denial of this application at this time. Authority member Stoner made a motion, seconded by Authority member approve the renewal application for a 3.2% Fermented Malt Beverage National Convenience Stores Inc., dba Shop 'n Go Markets, 1330 Wes The Chairman put the motion which was adopted unanimously. -12- t Baldivia to License for Elizabeth. • C Resolution Granting a Wine and Beer License to Pelican Pete's Fish and Oyster Bar, 3512 South Mason, Adopted City Clerk, Verna Lewis, summarized the resolution for the Authority since copies had been sent to each member with the agenda. Authority member Stoner made a motion, seconded by Authority member Baldivia to adopt the resolution granting a Wine and Beer License to Pelican Pete's Fish and Oyster Bar, 3512 South Mason Street. The Chairman put the motion which was unanimously adopted. FINDINGS AND RESOLUTION OF THE LOCAL LIQUOR LICENSING AUTHORITY OF THE CITY OF FORT COLLINS, COLORADO, CONCERNING AN APPLICATION FOR A BEER AND WINE LIQUOR LICENSE The application of Pelican Fish, Inc., d/b/a Pelican's Pete's Fish Market and Oyster Bar for a Beer and Wine License came on for hearing on the 19th day of November, 1975, in the Council Chambers, City Hall, Fort Collins, Colorado, pursuant to notice duly given as required by law. The authority, having heard the evidence introduced at the hearing, and having examined the documents introduced and having heretofore held a preliminary hearing and issued findings in writing on said preliminary hearing, now makes the following findings: 1. The neighborhood to be served under this application is as clefined in the preliminary findings of the Authority. 2. Nothing contained in C.R.S.,1973 , Section 12-47-139 prohibits the issuing of a license at the proposed location. -13- 3. The applicants are of good character and qualified under the Ordinances of the City of Fort Collins and the laws of the State of Colorado for the license applied for. 4. The application is in proper form. 5. Petitions were presented and received at the hearing, indicating a need for the license applied for and no evidence was presented indicating that said need does not exist, and the local licensing authority hereby finds that the reason- able requirements of the neighborhood require the issuance of the license applied for. The Authority recognizes that other licenses exist in the neighborhood, but hereby finds that an additional need exists for the license applied for. 6. The building in which the license is to be operated is now constructed; however, the plans and specifications of the applicant show that the applicant proposes to improve said premises to accommodate the proposed licensed premises and no license should issue until the construction is completed in accordance with the plans and specifications submitted by the applicant and the requirements of the Building Inspector made in conformity with the Ordinances of the City of Fort Collins. -14- 0 RESOLUTION OF THE LOCAL LIQUOR LICENSING AUTHORITY OF THE CITY OF FORT COLLINS, COLORADO, CONCERNING AN APPLICATION FOR A BEER AND WINE LIQUOR LICENSE BE IT RESOLVED by the Local Liquor Licensing Authority of the City of Fort Collins, Colorado that the application of Pelican Fish, Inc., d/b/a Pelican's Pete's Fish Market and Oyster Bar for a Beer and Wine Liquor License be and the same hereby is granted in accordance with the findings of the Authority set forth above; and 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 this 17th day of December, A.D. 1975. ATTEST: C airman d' C ty er -15- Resolution Granting a 3.2% Fermented Malt Beverage License to Hibdon, Hibdon and Brew dba Handi-Pak, 1311 North College Avenue, Adopted City Clerk, Verna Lewis, read the title of the resolution only since the resolution had been sent to the Authority members with their agenda. Authority member Baldivia made a motion, seconded by Authority member Renz to adopt the resolution granting a 3.2% Fermented Malt Beverage License to Hibdon, Hibdon and Brew dba Handi-Pak, 1311 North 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 B LICENSE TO SELL NON -INTOXICATING MALT LIQUOR AND SETTING FORTH THE FINDINGS OF THE LIQUOR LICENSING AUTHORITY ON SAID APPLICATION The application of Hibdon, Hibdon and Brew, d/b/a Handi Pak for a Class B License for the sale of non -intoxicating malt liquor came on for hearing on November 19, 1975, 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: 1. The license sought by the applicant is for a loca- tion at 1311 North College Avenue, Fort Collins, Colorado, said site being occupied as a convenience store, the license being sought in connection with such business. -16- 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 substantial testimony or petitions were pre- sented 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 Hibdon, Hibdon and Brew, d/b/a Handi Pak for a Class B License for the sale of non -intoxicating malt liquor at 1311 North College Avenue, Fort Collins, Colorado be and the same is hereby granted. -17- 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 17th day of December A.D., 1975. ATTEST: C airm$n LL.4' City Clerk Resolution Granting a 3.2% Fermented Malt Beverage License to Wayne K. Schrader dba City Center Market, 144 North Howes, Adopted City Clerk, Verna Lewis, read the title of the resolution only since the resolution had been sent to the Authority members with their agendas. Authority member Renz made a motion, seconded by Authority member Baldivia to adopt the resolution granting a 3.2% Fermented Malt Beverage License to Wayne K. Schrader dba City Center Market, 144 North Howes. The Chairman put the motion which was unanimously adopted. I" RESOLUTION OF THE LIQUOR LICENSING AUTHORITY OF THE CITY OF FORT COLLINS CONCERNING AN APPLICATION FOR A CLASS B LICENSE TO SELL NON -INTOXICATING MALT LIQUOR AND SETTING FORTH THE FINDINGS OF THE LIQUOR LICENSING AUTHORITY ON SAID APPLICATION The application of Wayne K. Schrader, d/b/a City Center Market for a Class B License for the sale of non -intoxicating malt liquor came on for hearing on November 19, 1975, 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: 1. The license sought by the applicant is for a loca- tion at 144 North Howes, Fort Collins, Colorado, said site being occupied as a convenience store, the license being sought in connection with such business 2. The testimony presented by the appli- cant at the hearing was 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 substantial testimony or petitions were pre- sented contrary to this postition of the applicant. 3. The building in which the license is to be operated is now constructed] however, the plans and specifications of -19- the applicant show that the applicant proposes to improve said premises to accomodate the proposed licensed premises and no license should issue until the construction is com- pleted in accordance with the plans and specifications submitted by the applicant and the requirements 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 Wayne K. Schrader, d/b/a City Center Market for a Class B License for the sale of non -intoxicating malt liquor at 144 North Howes, 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 -20- r 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 17th day of December A.D., 1975. Chairman ATTEST - City Clerk Discussion of Alleged Violation at Pit Stop Liquors, 315 Riverside City Clerk, Verna Lewis, read the following Police Department Report at length. pulled intonPitcStooprLiquorsSontRiversideeAvenuel.SThe drivervexited from the vehicle, was let into the store by an employee (the door was locked), and purchased a case of Michelob beer. At no time during the entire for identification. Later, the driver and nthe tion was he e passengers oftheuvehicled were arrested in regard to both underage possession and criminal mischief (the criminal mischief having occurred earlier at a local gas station.) The following day an interview was held and a statement was obtained from the person who purchased the beer. These are available for your review. The same d was contacted. Ourdiscue� ssioncoveredboth hthe aPossible consequencesnager of Pit Stop uofs this violation and how to prevent future ones. The management of Pit Stop Liquors was advised of my intentions and he advised me that the employee who had sold the liquor to the individual has since been terminated. -21- Recommendation: It is recommended that a written letter of warning be issued to the licensee in line with the policy of the Authority. The Authority discussed this matter at length with Officer Jeff Groves. Authority member MacNair made a motion directing the City Attorney to issue a firm letter of warning and the possible consequences to Pit Stop Liquors. Authority member Stoner seconded the motion. The Chairman put the motion which was unanimously adopted. Adjournment Authority member MacNair made a motion, seconded by Authority member Renz to adjourn. The Chairman put the motion which was unanimously adopted. ATTEST: Secretary Chairman -22-