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HomeMy WebLinkAboutLiquor Licensing Authority - Minutes - 12/04/198517, • LIQUOR LICENSING AUTHORITY Regular Meeting - December 4, 1985 7:30 P. M. A regular meeting of the Liquor Licensing Authority was held on Wednesday, December 4, 1985, in the Council Chambers of the City of Fort Collins Municipal Building. The following members were present: Acott, Bullard, Monaghan, Morgan and Spaulding. Authority Members Absent: Sommermeyer and Veazie. 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 November 6, 1985 Approved as Published Authority member Acott made a motion, seconded by Authority member Spaulding, to approve the minutes of the regular meeting of November 6, 1985, as published. Yeas: Acott, Bullard, Monaghan, Morgan and Spaulding. Nays: None. Registration of Manager Prime Minister Pub and Grille 3905 South College Avenue Mr. Scott Smith, general manager, stated the restaurant will operate very similar to the Prime Minister when it was previously open for business. He spoke briefly of the menu and entertainment the restaurant will offer. Mr. Smith explained briefly his training process and noted that anyone looking under the age of 30 years is checked for identification. Authority member Spaulding made a motion, seconded by Authority member Acott, to approve the registration of manager of Scott Smith for Prime Minister Pub and Grille, 3905 South College Avenue. Yeas: Acott, Bullard, Monaghan, Morgan and Spaulding. Nays: None. Registration of Manager Banana's, 3500 South College Avenue Mr. Chris Brown, general manager, spoke briefly of his background. He stated there will be no changes in the operation of the restaurant. Mr. Brown spoke briefly of his training program for employees. He noted if an employee violates the Liquor Code, his discipline policy is handled on a one by one basis. December 4, 1985 Authority member Morgan made a motion, seconded by Authority member Acott, to approve the registration of manager of Chris Brown for Banana's, 3500 South College Avenue. Yeas: Acott, Bullard, Monaghan, Morgan, and Spaulding. Nays: None. Registration of Manager House of Yakitori, 151 South College Avenue It was noted that Ms. Metta Dye has withdrawn her application for general manager due to the fact that the restaurant has closed. It was also noted that the owners are still seeking a buyer. Transfer of Ownership North College Discount Liquors, 814 North College Avenue Chairman Monaghan noted that Mr. Handy, Sr. holds a prior criminal record and noted for the record that the Authority considers good moral character of the applicant(s) on transfers of ownerships. Mr. Richard Djokic, attorney representing the applicants, stated that Mr. Handy chose to disclose his records to the Authority. It was noted that Mr. Handy, Sr. is a corporate officer but holds no stock in the family corporation. It was also noted that Mr. Handy will be employed as the manager of the store. Mr. Djokic stated that Mr. Handy has been completely released from probation and is no longer under any supervision. Mr. Richard Jerome Handy, Sr., was sworn and answered questions by the Authority. Mr. Handy pointed out that he could have chosen not to be a corporate officer and the Authority would never had known of his record. He stated he is familiar with the Colorado Liquor Code and with the day to day operations of running a business. Mr. Handy stated he would not jeopardize his own license by selling to a minor. Other than the one incident, Mr. Handy stated he feels his moral character is above reproach. In response to a question by Assistant City Attorney Paul Eckman, Mr. Handy stated he has received no counseling other than in federal prison. Mr. Eckman advised the Authority that the statutes state that a conviction of a felony in and of itself is not sufficient grounds for denial. He requested that the Authority make a finding in the record as to whether Mr. Handy is rehabilitated and of good moral character at this time. The Authority inquired of Mr. Handy's military and law enforcement background. Detective Frank Russell stated that the Police Department is recommending approval of Mr. Handy and his family. He stated that Mr. Handy, Sr. was forthright in acknowledging his record and no other criminal record was found. -2- December 4, 1985 Authority member Bullard indicated that he would like the Authority to be notified prior to Mr. Handy buying any stock in the corporation. Detective Russell explained that Mr. Handy is not required to notify the City in the event he purchases stock. Authority members Spaulding and Acott stated that in their opinions there has not been enough time for Mr. Handy to prove rehabilitation. Authority member Monaghan stated it would be highly subjective to weigh rehabilitation. He stated in his mind Mr. Handy's previous 56 years of his life need to be examined as part of determining whether Mr. Handy will manage this license in a responsible manner. Authority member Acott suggested that Mr. Handy be removed from the corporation and after a period of one year consider adding Mr. Handy as a corporate officer. Authority member Bullard made a motion to approve the application with the condition that Mr. Richard Jerome Handy, Sr. be removed from the application as a corporate officer with the understanding that the Board is willing to reconsider the application one year from now with Mr. Handy as an officer. It was also noted that Mr. Handy would not be approved as the manager at this time. Authority member Acott seconded the motion. Yeas: Acott, Bullard, Morgan and Spaulding. Nays: Monaghan. The Authority stated that Mr. Handy, Sr. may be employed as an employee of the liquor store but may not be the manager or a corporate officer at this time. ,Transfer of Ownership Old Chicago, 147 South College Avenue Mr. Doug Crisman, representative for the applicant, stated that there will be no other changes in operation. He explained that the partnership is transferring the license into a corporate name. In response to a question by the Authority, it was noted that the general manager will remain the same. Authority member Spaulding made a motion, seconded by Authority member Morgan, to approve the transfer of ownership to Old Chicago of Fort Collins, Inc. Yeas: Acott, Bullard, Monaghan, Morgan, and Spaulding. Nays: None. Transfer of Ownership Handi Pak, 1311 North College Avenue Mrs. Virginia Hibdon, part-owner, stated that her husband, S. R. Brew and his partner, R. D. Brew, are both deceased. It was noted that they -3- December 4, 1985 previously held the beer license as a partnership and that this application will transfer the license into the wives names. Mrs. Hibdon stated she is actively managing the business until the business is sold. Mrs. Hibdon explained her training procedures. Authority member Acott made a motion, seconded by Authority member Morgan, to approve the transfer of ownership to Virginia Hibdon and Patricia Brew. Yeas: Acott, Bullard, Monaghan, Morgan, and Spaulding. Nays: None. Preliminary Hearing and Resolution for Janette's Pharmacv. 624 South Lemav Avenue The boundaries as proposed by the Administration were as follows: North from the subject premises to Mulberry Street West from the subject premises to College Avenue South from the subject premises to Drake Road East from the subject premises to City Limits Mr. Shawki Ibrahim, part-owner, stated the boundaries are acceptable. Authority member Acott made a motion, seconded by Authority member Spaulding, to accept the boundaries as proposed for Janette's Pharmacy, 624 South Lemay Avenue. Yeas: Acott, Bullard, Monaghan, Morgan, and Spaulding. Nays: None. Authority member Acott made a motion, seconded by Authority member Spaulding, to adopt the preliminary resolution as presented. Yeas: Acott, Bullard Monaghan, Morgan, and Spaulding. Nays: None. New Application for a Hotel -Restaurant License for Skippers, 2315 South College Avenue Authority member Acott made a motion, seconded by Authority member Spaulding, to accept the new application and set the preliminary hearing for January 2, 1986, and the final hearing for January 29, 1986. Yeas: Acott, Bullard, Monaghan, Morgan, and Spaulding. Nays: None. Adjournment Authority member Acott made a motion, seconded by Authority member Spaulding, to adjourn. The Chairman put the motion which was unanimously adopted. The meeting was adjourned at approximately 8:40 p.m. -4- December 4, 1985 Secretary I (fia1rman 1 -5-