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HomeMy WebLinkAboutLiquor Licensing Authority - Minutes - 01/29/1986LIQUOR LICENSING AUTHORITY Regular Meeting - January 29, 1986 7:50 P.M. A regular meeting of the Liquor Licensing Authority was held on Wednesday, January 29, 1986, in the Council Chambers of the City of Fort Collins Municipal Building. The following members were present: Acott, Bullard, Morgan, Sommermeyer, Spaulding, and Veazie. Authority Members Absent: Monaghan. Staff Members Present: Debbie Caster, City Clerk's Office Paul Eckman, City Attorney's Office Frank Russell, Police Department Minutes of the Regular Meeting of January 2. 1986, Approved as Published Authority member Acott made a motion, seconded by Authority member Veazie, to approve the minutes of the regular meeting of January 2, 1986, as published. Yeas: Acott, Morgan, Sommermeyer, Spaulding and Veazie. Nays: None. Abstain: Bullard. Show/Cause Hearing for Country Store, 1331 West Elizabeth Assistant City Attorney Paul Eckman briefed the Authority of the facts on the alleged violation, noting that on December 6, 1985, at approximately 8:48 p.m., an employee of the establishment sold an alcoholic beverage to a police scout under the age of 18 years. Mr. Eckman requested, on behalf of the licensee, that the police scout stand in the audience and be identified. Mr. Richard Weaver, owner, stipulated to the violation. Authority member Veazie made a motion, seconded by Authority member Acott, to determine that a violation did occur on December 6, 1985, at Country Store, 1331 West Elizabeth. Yeas: Acott, Bullard, Morgan, Sommermeyer, Spaulding and Veazie. Nays: None. Mr. Eckman noted previous violations into the record. He stated that the Police Department is currently recommending a 3-day suspension of the license. Mr. Richard Weaver, was sworn, and stated that the company policy is to check for ID's. He noted that he is responsible for training the clerks on this process. In addition, Mr. Weaver stated the sign prohibiting minors January 29, 1986 to attempt the purchase of beer is posted as required by state law. In closing, he stated that the store is paying for the fine which was imposed upon the employee as a result of the violation. In response to a question by the Authority, Mr. Weaver stated the employee no longer works for the store. He explained in further detail how he conducts training. Ms. Theresa Setzer, 1705 Heatheridge #305, was sworn and stated she is the manger of The Country Store. In response to a concern by the Authority, Ms. Setzer stated employees take under age sales very seriously and try to do the best job possible. Authority member Veazie made a motion, seconded by Authority member Acott, to levy a 7-day consecutive suspension to be served within 28 days at the convenience of the owner and that the premises be posted. Yeas: Acott, Morgan, Sommermeyer, and Veazie. Nays: Bullard and Spaulding. Show/Cause Hearing for Country Store. 1517 Lemay Avenue Assistant City Attorney Paul Eckman briefed the Authority of the facts on the alleged violation, noting that on December 6, 1985, at approximately 8:50 p.m., an employee of the establishment sold an alcoholic beverage to a police scout under the age of 18 years. Mr. Don Johnson and Mr. Jeffrey Brooks, owners, both stipulated to the violation. Authority member Acott made a motion, seconded by Authority member Spaulding, to determine that a violation did occur on December 6, 1985, at Country Store, 1517 Lemay Avenue. Yeas: Acott, Bullard, Morgan, Sommermeyer, Spaulding, and Veazie. Nays: None. Mr. Eckman gave the previous violations and stated the Police Department is currently recommending a 2-day suspension of the license. Mr. Don Johnson, part-owner, was sworn and spoke of their training program for employees. He stated their employees attend seminars and take their responsibilities seriously. Mr. Johnson requested the opportunity to cross-examine the police scout. Ms. Danielle Holloway, police scout, was sworn, and stated she is 17 years old. In response to Mr. Johnson's question, Ms. Holloway stated she has never been in The Library, a 3.2% licensed establishment located on West Elizabeth. She went on to explain the conversation which occurred between herself and the employee on the evening of the violation. In closing, she stated she feels the employee thought she was someone else. Mr. Johnson noted that the employee who sold the beer is no longer employed at the store. He explained that the employee told him that he knew the -2- • January 29, 1986 Police scout from The Library. He stated the employee assumed that the police scout was of age. Mr. Johnson stated that their policy is to check ID's if they look under 35 years. Mr. Jeffrey Brooks, part-owner, was sworn and spoke of their training Procedures. He stated that both owners are responsible for the training of employees. It was noted that employees who violate the beer code are fired from their job. Assistant City Attorney Paul Eckman told the Authority that the owner's testimony is hearsay of what the employee said versus the testimony of the police scout given under oath. Authority member Bullard made a motion to levy a one -day suspension of the license within the next 30 business days at the convenience of the owner and that the premises be posted. The motion was seconded by Authority member Spaulding. Authority member Acott stated that she feels a stronger penalty is needed on the basis that the establishment has had two prior violations. The Vice -Chairman called for the vote. Yeas: Bullard, Sommermeyer, and Spaulding. Nays: Acott, Morgan, and Veazie. THE MOTION FAILED TO PASS. Authority member Morgan made a motion, seconded by Authority member Acott, to levy a 3-day suspension to be served within the next 30 business days at the convenience of the owner and that the premises be posted. Yeas: Acott and Morgan. Nays: Bullard, Sommermeyer, Spaulding and Veazie. THE MOTION FAILED TO PASS. Authority member Veazie made a motion, seconded by Authority member Bullard, to levy a one -day suspension of the license to be served within the next 30 business days at the convenience of the owner and that the premises be posted. In addition, the motion orders all current and new employees hired within the next 90 days to attend a seminar conducted by Officer Ernie Tellez within the next six months of this date and that proof of attendance be provided to the City Clerk's Office. Yeas: Acott, Bullard, Morgan, Sommermeyer, Spaulding, and Veazie. Nays: None. Show/Cause Hearing for Durkees Mart, 1005 West Stuart Street Assistant City Attorney Paul Eckman briefed the Authority of the facts on the alleged violation noting that on December 6, 1985, at approximately 9:34 p.m., an employee of the establishment sold an alcoholic beverage to a police scout under the age of 18 years. Mr. Dan Durkee, part-owner, stipulated to the violation. Authority member Spaulding made a motion, seconded by Authority member Acott, to determine that a violation did occur on December 6, 1985, at -3- January 29, 1986 Durkees Mart, 1005 West Stuart. Yeas: Acott, Bullard, Morgan, Sommermeyer, Spaulding, and Veazie. Nays: None. Mr. Eckman stated the previous record of the establishment and noted that the Police Department is recommending a one -day suspension of the license. Mr. Dan Durkee stated that only one employee works in the store who is not family and that person sold the beer to the scout. He stated the employee was not fired but has quit her job. Mr. Durkee spoke of the training employees receive on the job. Mr. Durkee stated the employee refused to sell the beer to the minor at first, but went ahead after the individuals stated they were regular customers of the store. At the request of an Authority member, Ms. Wendy Rinck, police scout, was called to testify. Ms. Rinck was sworn and stated she is 17 years old. She stated that the employee in the store did ask to see identification. She explained that another scout told the employee that they are regular customers of the store and, at that time, the purchase was made. Detective Frank Russell stated that scouts are allowed to use excuses for not having identification, just as the general public would use in an attempt to purchase alcohol. Authority member Acott made a motion, seconded by Authority member Morgan, to levy a one -day suspension to be served within the next 30 business days at the convenience of the owner and that the premises be posted. Yeas: Acott, Bullard, Morgan, Spaulding, and Veazie. Nays: Sommermeyer. Show/Cause Hearing for B-Cubed. 3524 South College Avenue Assistant City Attorney Paul Eckman briefed the Authority of the facts on the alleged violation, noting that on December 6, 1985, at approximately 8:45 p.m., an employee of the establishment sold an alcoholic beverage to a police scout under the age of 21 years. Mr. John Archer, owner, stipulated to the violation. Authority member Veazie made a motion, seconded by Authority member Morgan, to determine that a violation did occur on December 6, 1985, at B-Cubed, 3524 South College Avenue. Yeas: Acott, Bullard, Morgan, Sommermeyer, Spaulding, and Veazie. Nays: None. Mr. Eckman gave the previous background of the establishment and stated the Police Department is recommending a one -day suspension of the license. Mr. Edwin Neil Brooks, ex -employee of B-Cubed, was sworn and stated he was responsible for selling liquor to the police scout. He stated that his employee contract stated that he would be fired if he violated the liquor laws. Mr. Brooks explained how he was trained on the liquor laws and stated he feels the training was extremely thorough. In addition, Mr. -4- • January 29, 1986 Brooks stated the owner constantly follows up on employees to make sure they are checking ID's. It was noted that the policy is to check anyone looking under the age of 35 years. Mr. Brooks gave a brief description of events which took place the evening of the violation. Mr. John Archer, owner, was sworn and submitted Licensee's Exhibit A, which was identified as an Employee Contract. Mr. Archer explained that each employee is required to read the contract and sign it at the time they are hired. He stated the contract is very strict and states that any employee who violates the liquor laws will be fired. Mr. Archer went on to explain their training policies and procedures, as well as the seminars his employees have attended. Mr. Archer noted that he has observed several occasions whereby his employees have refused service to customers who do not have their ID's. Authority member Spaulding complimented Mr. Archer on their training procedures. Authority member Acott made a motion, seconded by Authority member Morgan, to levy a one -day suspension of the license to be served within the next 30 business days at the convenience of the owner and that the premises be posted. Yeas: Acott, Morgan, Sommermeyer, and Veazie. Nays: Bullard and Spaulding. Show/Cause Hearing for Seven -Eleven. 429 Remington Street Assistant City Attorney Paul Eckman briefed the Authority of the facts on the alleged violation noting that on December 6, 1985, at approximately 7:32 p.m., an employee of the establishment sold an alcoholic beverage to a police scout under the age of 18 years. Mr. Jim Craig, District Manager, stipulated to the violation. Authority member Spaulding made a motion, seconded by Authority member Veazie, to determine that a violation did occur on December 6, 1985, at Seven -Eleven, 429 Remington. Yeas: Acott, Bullard, Morgan, Sommermeyer, Spaulding, and Veazie. Nays: None. Mr. Eckman gave the background of the establishment and noted that the Police Department is recommending a one -day suspension of the license. Mr. Jim Craig, was sworn and submitted Licensee's Exhibit A, which was identified as a training packet the company uses to train employees. It contains a written statement signed by the employee, store policies with respect to beer laws, checklists and additional store procedures. Mr. Craig explained that meetings were held in every store the week following the violation in order to review policies with all employees. Mr. Craig continued to explain how training is conducted among employees. It was noted that the employee who violated the beer code was initially suspended and then terminated. -5- January 29, 1986 Authority member Veazie made a motion, seconded by Authority member Bullard, to issue a letter of reprimand. Yeas: Acott, Bullard, Sommermeyer, Spaulding, and Veazie. Nays: Morgan. Show/Cause Hearing for Harmony Discount Liquors. 115 E. Harmony Road Assistant City Attorney Paul Eckman briefed the Authority of the facts on the alleged violation noting that on December 6, 1985, at approximately 8:07 p.m., an employee of the establishment sold an alcoholic beverage to a police scout under the age of 21 years. Mr. Robert Kutin, owner, stipulated to the violation. Authority member Acott made a motion, seconded by Authority member Spaulding, to determine that a violation did occur at Harmony Discount Liquors, 115 E. Harmony Road. Yeas: Acott, Bullard, Morgan, Sommermeyer, Spaulding, and Veazie. Nays: None. Mr. Eckman gave the background of the establishment and noted that the Police Department is recommending a one -day suspension of the license. Mr. Kutin, was sworn and stated all employees are required to read the state statutes pertaining to the Colorado Liquor laws. He stated he is responsible for training his employees. Mr. Kutin noted that he held an employee meeting after the violation to review store policies. He stated the policy is to check anyone looking under the age of 35. In response to a comment by the Authority, Mr. Kutin stated he has conducted his own spot compliance checks on occasion as a means of checking on his employees. Authority member Acott made a motion, seconded by Authority member Morgan, to levy a one -day suspension of the license to be served within the next 30 days at the convenience of the owner and that the premises be posted. Yeas: Acott, Bullard, Morgan, and Veazie. Nays: Sommermeyer and Spaulding. Special Events Permit - Liquor Larico Youth Homes - March 1, 1985 Mr. Rodney Jones, boardmember of Larico Youth Homes, stated they wish to hold a fund raising event. He stated they intend to hold a dance in Old Town Square and expect between 200 and 250 people. Mr. Jones stated they will have trained bartenders and will have ID's checked at the door. In addition, Mr. Jones stated they will provide transportation in the event someone cannot drive home. Mr. Jones spoke of the building they have rented in Old Town in which the event is to be held. Authority member Veazie made a motion, seconded by Authority member Acott, to approve the special events permit for Larico Youth Homes on March 1, 10 • • January 29, 1986 1986. Yeas: Acott, Bullard, Morgan, Sommermeyer, Spaulding, and Veazie. Nays: None. New Application for a Hotel -Restaurant License for The Moot House 2626 South College Avenue Authority member Veazie made a motion, seconded by Authority member Acott, to accept the new application and set the preliminary hearing for February 26, 1986, and the final hearing for March 26, 1986. Yeas: Acott, Bullard, Morgan, Sommermeyer, Spaulding, and Veazie. Nays: None. Preliminary Hearing and Resolution for The Rio Grande. 150 North College Avenue The boundaries as proposed by the Administration were as follows: North from the subject premises to Hickory St. ext. to Conifer St. West from the subject premises to Shields Street South from the subject premises to Laurel Street East from the subject premises to Lemay Avenue Mr. Andre Mouton and Patrick McGaughran, owners, stated the boundaries are acceptable. Authority member Veazie made a motion, seconded by Authority member Spaulding, to accept the boundaries as proposed for The Rio Grande, 150 North College Avenue. Yeas: Acott, Bullard, Morgan, Sommermeyer, Spaulding, and Veazie. Nays: None. Authority member Veazie made a motion, seconded by Authority member Spaulding, to adopt the preliminary resolution as presented. Yeas: Acott, Bullard, Morgan, Sommermeyer, Spaulding, and Veazie. Nays: None. Preliminary Hearing and Resolution for The Winery, 725 Lemay Avenue Suite C3 The boundaries as proposed by the Administration were as follows: North from the subject premises to Oak Street West from the subject premises to College Avenue South from the subject premises to Stuart Street East from the subject premises to City Limits Mr. Bernol Soutar, Jr., part-owner, stated the boundaries are acceptable. Authority member Spaulding made a motion, seconded by Authority member Veazie, to accept the boundaries as proposed for The Winery, 725 Lemay -7- January 29, 1986 Avenue, Suite C3. Yeas: Acott, Bullard, Morgan, Sommermeyer, Spaulding, and Veazie. Nays: None. Authority member Veazie made a motion, seconded by Authority member Spaulding, to adopt the preliminary resolution as presented. Yeas: Acott, Bullard, Morgan, Sommermeyer, Spaulding, and Veazie. Nays: None. Final Hearing for a Hotel -Restaurant License for Skippers. 2315 South College Avenue Mr. Alan Dill, attorney representing the applicant, called several witnesses as a group to testify. Ms. Ilene Humphreys, manager of University Mall; Brad Wailes, resident; and Geno and Benjamin Lucelle, residents, were sworn and stated they feel there is a need in the neighborhood for this license. Mr. Terry Wheeler, District Manager, was sworn and spoke of the number of restaurants in his district. Mr. Wheeler also spoke of the financial arrangements for this license. Mr. Max Mitchell, was sworn and stated he is the general manager. Mr. Mitchell spoke of his background. He also explained the company training policies and procedures. Mr. Mitchell stated there is a need in the neighborhood for this license. Mr. Max Scott, owner of Oedipus, Inc., was sworn and stated he was contracted to do a liquor license petition survey for Skipper's. Mr. Scott explained how the petition survey was conducted. Applicant's Exhibit A was submitted and identified as petitions which were circulated on behalf of the application. Applicant's Exhibit B was also submitted and identified as the report explaining the survey results. Mr. Scott explained in detail the results of the survey. He stated that based on needs and desires, 88% of the neighborhood signed in favor of the license. Authority member Veazie made a motion, seconded by Authority member Spaulding, to approve the license for Skippers, 2315 South College Avenue. Yeas: Acott, Bullard, Morgan, Sommermeyer, Spaulding, and Veazie. Nays: None. Authority member Veazie made a motion, seconded by Authority member Spaulding, to approve the final resolution as presented. Yeas: Acott, Bullard, Morgan, Sommermeyer, Spaulding, and Veazie. Nays: None. Other Business Detective Frank Russell introduced Detective Jim Broderick to the Authority. He stated the department is transferring the liquor enforcement duties and that Jim will appear at the next meeting in his place. 10 r January 29, 1986 Adjournment Authority member Acott made a motion, seconded by Authority member Sommermeyer, to adjourn. The Vice -Chairman put the motion which was unanimously aidopted. The meeting was adjourned at approximately 11:20 p. Secretary