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HomeMy WebLinkAboutLiquor Licensing Authority - Minutes - 03/27/1985a LIQUOR LICENSING AUTHORITY Regular Meeting - March 27, 1985 7:30 p.m. A regular meeting of the Liquor Licensing Authority was held on Wednesday, March 27, 1985 in the Council Chambers of the City of Fort Collins Municipal Building. Roll call was answered by the following members: Acott, Monaghan, Sheahan, Sommermeyer, Veazie, and Wilson. (Secretary's Note: Authority member Bill Sheahan arrived late.) Authority Members Absent: Long Staff Members Present: Debbie Caster, City Clerk's Office Paul Eckman, Assistant City Attorney Frank Russell, Police Department Minutes of the Regular Meeting of February 27, 1985, Approved as Published Authority member Veazie made a motion, seconded by Authority member Acott, to approve the minutes of the regular meeting of February 27, 1985, as published. Yeas: Acott, Monaghan, Sommermeyer, Veazie and Wilson. Nays: None. Renewal Application for a Tavern License for Electric Stampede 242 Linden Authority member Veazie made a motion, seconded by Authority member Sommermeyer, to approve the renewal for Electric Stampede, 242 Linden. Yeas: Acott, Monaghan, Sommermeyer, Veazie and Wilson. Nays: None. Renewal Application for a 3.2% Fermented Malt Beverage License for Country Store 1331 West Elizabeth Authority member Veazie made a motion, seconded by Authority member Sommermeyer, to approve the renewal for Country Store, 1331 West Elizabeth. Yeas: Acott, Monaghan, Sommermeyer, Veazie and Wilson. Nays: None. Change in Trade Name Skaggs, 112 East Foothills Parkway Mr. Larry Fabrizio, Assistant General their name from Skaggs to Osco Drug. in corporate officers or directors. Manager, stated the store is changing He stated there have been no changes Authority member Veazie made a motion, seconded by Authority member Wilson, to approve the change in trade name. Yeas: Acott, Monaghan, Sommermeyer, Veazie and Wilson. Nays: None. Liquor Licensing Authority March 27, 1985 Page 2 Special Events Permit - 3.2% Muscular Dystrophy Association - April 20, 1985 Ms. Patricia Myrick, events manager, stated the day of the event has been changed from April 27 to April 20. She went on to say that MDA is requesting the special events license for Phi Gamma Delta. She explained that an outdoor concert will be held at the CSU Alumni Field. She spoke of the security fence and how they intend to check for proper identification. Ms Myric explained that food and other alternative beverages will be available as well as beer. Authority members asked questions of Ms. Myrick and made several suggestions to ensure that no violations occur. Authority member Sommermeyer made a motion, seconded by Authority member Veazie, to approve the special events permit for Muscular Dystrophy Association on April 20, 1985, from 12 p.m. to 4 p.m. Yeas: Acott, Monaghan, Sommermeyer, Veazie and Wilson. Nays: None. Special Events Permit, 3.2% Braiden Hall - April 13 and 14. 1985 Mr. Charles Stockon, events manager, stated the event is a fund raiser for the dorm. He stated a 5K run will be part of the activities. He explained that the dorm will be decorated in a beach atmosphere, with sand, barbeques and frisbee tournaments. He stated food will be available in addition to soft drinks and beer. Mr. Stockon spoke of the security that is planned for the day of the event. He noted that trained personnel and CSUPD will be on the premises to check for ID's and intoxicated people. The Authority made suggestions to Mr. Stockon to ensure that no violations occur. Authority member Wilson made a motion, seconded by Authority member Acott, to approve the special events permit for Braiden Hall on April 13 from 6 p.m. to 12 midnight (April 14). Yeas: Acott, Monaghan, Sheahan, Sommermeyer, Veazie and Wilson. Nays: None. Registration of Manager Sports Page, 181 North College Avenue It was noted that Mr. Corr was currently out of town. The Authority unanimously agreed to schedule the item for April 24, 1985. Registration of Manager Fort Collins Marriott Hotel, 350 East Mr. Howard Skillrud, general manager, spoke of his background. It was noted that Mr. Skillrud was present at the February 27 hearing and spoke with the Authority. The item of manager registration could not be considered at that time, however, because the report from the Colorado Liquor Licensing Authority • March 27, 1985 Page 3 Bureau of Investigations had not been received. Mr. Skillrud stated The Marriott has never received a liquor violation. Authority member Sommermeyer made a motion, seconded by Authority member Veazie, to approve the registration of manager for Howard Skillrud at the Fort Collins Marriott Hotel, 350 East Horsetooth Road. Yeas: Acott, Monaghan, Sheahan, Sommermeyer, Veazie and Wilson. Nays: None. Registration of Manager Rooster Cogburns, 117 Linden Mr. Gregg Matz, general manager, spoke of his background. Mr. Matz stated he has had 2 DUI's but added he feels he is now older and more mature. Mr. Matz noted that he has attended training seminars. He stated he is responsible for training the employees. Mr. Matz spoke briefly of the training policies. Authority member Veazie made a motion, seconded by Authority member Wilson, to approve the registration of manager for Gregg Matz at Rooster Cogburns, 117 Linden. Yeas: Acott, Monaghan, Sheahan, Sommermeyer, Veazie and Wilson. Nays: None. Change of Corporate Structure Rooster Cogburns, 117 Linden Mr. Garland Oberegg, Vice President of Omega Marketing, Inc., stated he has recently become a new board of director of Omega Marketing, Inc. Mr. Oberegg then spoke briefly of his background. Mr. Mike Koltak, President, explained that Mr. Oberegg has the option of buying 50% of the stock. He stated he currently owns 100% of the stock. Mr. Koltak stated Mr. Oberegg is responsible for developing training policies and will have no active involvement in the management of the business. Authority member Veazie made a motion, seconded by Authority member Sommermeyer, to approve the change of corporate structure for Rooster Cogburns, 117 Linden. Yeas: Acott, Monaghan, Sheahan, Sommermeyer, Veazie and Wilson. Nays: None. Expansion of Premises Rooster Cogburns, 117 Linden Mr. Mike Koltak, owner, stated he is requesting to license the outdoor patio area. He noted the dimension of the patio area and stated the patio -is located directly in front of the establishment. Mr. Koltak stated the property is currently leased but will be deeded to Old Town Associates as the owner. He went on to say that a waitress will be stationed on the patio and will be responsible for serving only one drink to a person at a time. He stated the drinks are paid for at the time they are served. Mr. Liquor Licensing Authority March 27, 1985 Page 4 Koltak stated his current seating capacity is 116 and the patio will increase the capacity to 140 seats. Authority member Sommermeyer stated he has difficulty with the fact that access to the mall area from the patio is relatively too easy and very open. Authority member Monaghan stated he is also concerned with the easy access of people coming into the patio and leaving the patio, perhaps taking a drink with them while walking around the mall area. He stated however, a precedent has been established in licensing other patios in the downtown area. Some discussion took place in placing planters between the bollards. Mr. Koltak stated that if the Fire Department would allow this, he would gladly put in planters. Authority member Monaghan stated that due to the precedents that have been established, he is willing to allow the patio with the condition that the Authority will monitor the patio very closely and any violation that may occur will be dealt with harshly. Authority member Acott requested that planters be placed between the bollards. Mr. Koltak suggested that canvass straps could be placed between the bollards. He added that this should not prohibit access by the Fire Department. The Authority asked that all license holders in the Old Town area ban together for common security. Authority member Wilson stated that she is not comfortable in licensing the patio because the security is not sufficient. She noted that she has not been present at the other hearings when the other patio areas have been licensed. Authority member Veazie made a motion, seconded by Authority member Acott, to determine that the expansion is not substantial and that the patio should be licensed. Yeas: Acott, Monaghan, Sheahan, Sommermeyer and Veazie. Nays: Wilson. New Application for a 3.2% Fermented Malt Beverage (Class B) License Albertsons Food Center N876, 731 South Lemay Ave The boundaries proposed by the Administration were as follows: North from the subject premises to Lincoln extended west to East Mountain Avenue. West from the subject premises to College Avenue. South from the subject premises to East Stuart Street. East from the subject premises to City limits and Timberline Road. Liquor Licensing •hority • March 27, 1985 Page 5 Mr. Visvaldis Jaunarajs, attorney representing the applicant, stated the boundaries are acceptable. Authority member Wilson made a motion, seconded by Authority member Sheahan, to accept the new application, set the boundaries as proposed and set the final hearing for April 24, 1985. Yeas: Acott, Monaghan, Sheahan, Sommermeyer, Veazie and Wilson. Nays: None. Final Hearing and Final Resolution for a Beer and Wine License for East Coast Pizza, 215 East Foothills Parkway Mr. Aldoph Polachek, part-owner, was sworn and stated he and his wife own 50% of the stock and his daughter, Randy Teich, and her husband own the remaining 50%. He explained that they are requesting a license due to the requests by customers and because of the competition with other pizza restaurants. Mr. Polachek submitted petitions (Applicant's Exhibits 1 and 2) containing 662 signatures in favor of the license. Mr. Polachek stated one or two employees will be responsible for serving beer and wine and one employee will be assigned to clean tables, floors, etc, who will be responsible for checking for violations. Mrs. Randy Teich stated either herself or her husband will be on the premises at all times. She stated they will be responsible for training the employees. Mrs. Teich stated the business attracts family types as opposed to College students. She noted that their employees will be trained to watch for liquor violations and make sure customers do not walk off into the mall area with a drink. Mr. Polachek stated they received an overall favorable response from the people they petitioned. It was not that the neighboring stores in the mall also favored the license. Mrs. Teich stated approximately 2% of the people contacted refused to sign the petition due to religious beliefs or the fact that they feel there are too many licenses. Mrs. Teich stated they have ordered the Colorado Liquor Code Book. She assured the Authority that they will train their employees well and that there will be continued supervision. She stated all of their employees will be required to attend training seminars. Authority member Wilson made a motion, seconded by Authority member Sommermeyer, to approve the Beer and Wine license for East Coast Pizza, 215 East Foothills Parkway. Yeas: Acott, Monaghan, Sheahan, Sommermeyer, Veazie and Wilson. Nays: None. Authority member Wilson made a motion, seconded by Authority member Veazie, to approve the Final Resolution as presented. Yeas: Acott, Monaghan, Sheahan, Sommermeyer, Veazie and Wilson. Nays: None. Liquor Licensing Authority March 27, 1985 Page 6 Final Hearing and Final Resolution for a Beer and Wine License for Choice City Seafood, 120 South Mason Mr. Don Johnson, attorney representing the applicant, submitted 8 letters of recommendation on Mr. Gregg, marked as Applicant's Exhibit 1. Mr. Johnson also submitted Applicant's Exhibit 2, which were identified as petitions circulated on behalf of the application. Mr. James Gregg, owner, was sworn, and spoke of his past criminal record. It was noted that Officer Russell's recommendation was denial of the license and his memo also indicated that Mr. Gregg was not candid with him during the personal interview. In order to establish good moral character of the applicant, Mr. Gregg disclosed several facts pertaining to his past record. He stated he answered all questions to the best of his ability. He stated he was not guilty of the drug charges as Officer Russell's report indicates and added that he is still waiting to receive more information regarding that charge from the Kansas Bureau of Investigations. Mr. Gregg stated he was guilty of the DWI in 1974. With respect to his arrest for robbery in 1974, Mr. Gregg explained that he was found guilty and originally sentenced to 20 years but 2 months later was placed on probation for two years. He went on to explain that his attorney at the time of his offense stated that after a period of time his record would be expunged. On that basis, Mr. Gregg stated he did not reveal his entire record because he had assumed it was no longer on the record. Officer Frank Russell stated he received a teletype today from the Kansas Bureau of Investigation indicating that Mr. Gregg's record reflects a guilty charge for both the DWI and possession of drugs with intent to sell. He stated the record did reflect that the prison sentence was reduced to 2 years probation. Mr. Gregg stated since he was placed on probation he has not been involved in any crime since. He also stated that he does not feel he withheld anything from Officer Russell and was, in fact, very upfront during the interview. Officer Russell stated that Mr. Gregg basically down played his record during the interview and tried to lead him to believe that nothing other than robbery occurred on his record. He stated that Mr. Gregg was more candid with him at the second interview, however. The Authority stated they were satisfied with the testimony given to develop good moral character. Mr. Gregg went on to speak of his work experience and background. He stated the restaurant currently seats 40 people. Mr. Gregg noted that he is requesting the license due to the number of requests made by his customers. Mr. Gregg stated he obtained a total of 419 signatures from the defined neighborhood. He explained how he circulated the petitions. It Liquor Licensing Authority • March 27, 1985 Page 7 was noted that a few people refused to sign the petition because they felt there were too many licenses in the neighborhood. Mr. Gregg stated he does not intend to sell any beer or wine without serving a meal. He stated he will be responsible for training the employees. He also stated he is in the process of obtaining a Colorado Liquor Code and signing up for training seminars conducted by the Fort Collins Police Department. Authority member Sommermeyer made a motion, seconded by Authority member Acott, to approve the Beer and Wine license for Choice City Seafood, 120 South Mason. Yeas: Acott, Monaghan, Sheahan, Sommermeyer, Veazie and Wilson. Nays: None. Authority member Wilson made a motion, seconded by Authority member Veazie, to approve the Final Resolution as presented. Yeas: Acott, Monaghan, Sheahan, Sommermeyer, Veazie and Wilson. Nays: None. Police Report Officer Russell noted that two letters of concern have been sent to Bennigan's and The Library. He also spoke of the letter which .was submitted to the Board explaining the closure of Park Central Discount Liquors. Officer Russell reported that he has found no liquor violation at the County Cork regarding the letter submitted from a concerned citizen at last month's hearing. In response to a question, he stated the County Cork has dart tournaments but he currently has no sufficient proof that gambling takes place. Officer Russell requested a show/cause hearing for a violation occurring on February 11, 1985, at B-Cubed, 3524 South Mason. Authority member Wilson made a motion, seconded by Authority member Sommermeyer, to determine that there is probable cause and scheduled a show/cause hearing for April 24, 1985. Yeas: Acott, Monaghan, Sheahan, Sommermeyer, Veazie and Wilson. Nays: None. Officer Russell requested a show/cause hearing for a violation occurring on March 16, 1985, at Bakes Alley Lounge (licensed under the Greek Connection), 249 South College Avenue. Authority member Wilson made a motion, seconded by Authority member Sommermeyer, to determine that there is probable cause and scheduled a show/cause hearing for April 24, 1985. Yeas: Acott, Monaghan, Sheahan, Sommermeyer, Veazie and Wilson. Nays: None. Adjournment Authority member Acott made a motion, seconded by Authority member Monaghan, to adjourn. Liquor Licensing Authc,ity March 27, 1985 Page 8 The Vice -Chairman put the motion which was unanimously adopted. The meeting was adjourned at approximately 10:00 p.m.