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HomeMy WebLinkAboutLiquor Licensing Authority - Minutes - 09/22/1993A regular meeting of the Liquor Licensing Authority was held on Wednesday, September 22, 1993, in the Council Chambers of the Fort Collins Municipal Building. The following members were present: Crowfoot, Norton, Poncelow, and Schroeer. (Authority member Cooper arrived at approximately 6:35 p.m.; Authority member Wawro arrived at approximately 6:50 p.m.) Authority Member Absent: Mael Staff Members Present: Rita Knoll Harris, City Clerk's Office Marty Heffernan, City Attorney's Office Sandy Gibson, Police Department Consent Calendar The Consent Calendar is intended to expedite the meeting and allow the Authority to spend its time and energy on the important items on a lengthy agenda. Anyone may request that an item be "pulled" off the Consent Calendar and considered separately. Items pulled from the Consent Calendar will be considered separately immediately following adoption of the Consent Calendar. 1. Approval of the minutes of the August 25 1993 regular meeting_ 2. Report of Change of Corporate Structure for the Fraternal Order of Eagles Aerie 4021 dba Eagles Club #4021, 302 North Meldrum. Fraternal Order of Eagles Aerie 4021, the club licensee for Eagles Club #4021, 302 North Meldrum, is reporting a change in directors. Ernesto Gutierrez has resigned as director of the corporation. This application also reflects that Valdemar Cardenas, currently secretary of the corporation, is replacing Mr. Gutierrez as manager of the establishment. Authority member Poncelow requested Item #2, Report of Change of Corporate Structure for the Fraternal Order of Eagles Aerie 4021, dba Eagles Club #4021, 302 North Meldrum, be removed from the Consent Agenda. • • September 23, 1993 Authority member Crowfoot made a motion, seconded by Authority member Schroeer, to adopt and approve all items not removed from the Consent Calendar. Yeas: Crowfoot, Norton, Poncelow, and Schroeer. Nays: None. THE MOTION CARRIED. Report of Change of Corporate Structure for K.C.M.S., Inc., dba Valentino's of Fort Collins. 820 City Park Avenue. Approved J. Brockford Smith, manager and part-owner, spoke of miscellaneous traffic violations he listed in his background investigation questionnaire and stated none of them involved alcohol. He stated there were no liquor violations at any other liquor -licensed establishments he was employed at. Mr. Smith described training provided to employees. Authority member Poncelow made a motion, seconded by Authority member Schroeer, to approve the change of corporate structure for K.C.M.S., Inc., dba Valentino's of Fort Collins, 820 City Park Avenue. Yeas: Crowfoot, Norton, Poncelow, and Schroeer. Nays: None. THE MOTION CARRIED. (Secretary's Note: Authority member Cooper arrived at this point.) Report of Change of Manager for Diamond Shamrock #1100, 1501 West Elizabeth Approved Dana Dodd, manager, stated he has worked at this store since December, noting he became manager in July. He spoke of the training that is provided to employees. He stated there have been no violations at this store since he has been working there. Authority member Crowfoot made a motion, seconded by Authority member Schroeer, to approve Dana Dodd as manager of Diamond Shamrock #1100, 1501 West Elizabeth. Yeas: Cooper, Crowfoot, Norton, Poncelow, and Schroeer. Nays: None. THE MOTION CARRIED. Report of Change of Manager for the Student Center, Colorado State University AQ ry oved Sharon Santistevan, manager, stated she has been the manager since February. She indicated their policy is to card everyone who requests a drink and noted that one ID is required for every glass that goes with a pitcher of beer. She described the training that is provided to staff and spoke of a handbook that is provided to employees. Ms. Santistevan stated they have very little problem with over -consumption. • • September 23, 1993 Authority member Poncelow made a motion, seconded by Authority member Schroeer, to approve Sharon Santistevan as manager of The Student Center, Colorado State University. Yeas: Cooper, Crowfoot, Norton, Poncelow, and Schroeer. Nays: None. THE MOTION CARRIED. Report of Change of Manager for Godfather's Pizza, 934 South Lemay. Ap ry oved Mike Heldt, manager, outlined his employment history with Godfather's Pizza. He stated he has never been involved in a liquor violation. In response to questions from the Authority, Mr. Heldt addressed the alcohol -related arrests listed in his background investigation questionnaire. He described the employee training program and stated their policy is to card anyone who appears to be under the age of 30. Authority member Crowfoot made a motion, seconded by Authority member Schroeer, to approve Mike Heldt as manager of Godfather's Pizza, 934 South Lemay. Yeas: Cooper, Crowfoot, Norton, Poncelow, and Schroeer. Nays: None. THE MOTION CARRIED. Report of Manager for Seven -Eleven #13171, 505 South Shields, Approved (Secretary's Note: The manager did not appear at this meeting. Authority member Poncelow made a motion, seconded by Authority member Cooper, to postpone this item to the October 27 meeting. Yeas: Cooper, Crowfoot, Norton, Poncelow, and Schroeer. Nays: None. THE MOTION CARRIED. Report of Manager for Seven -Eleven #17900, 3035 West Prospect, Approved Dee Ann Thorson, manager, explained Southland Corporation's training program for employees. She stated the corporate policy is to card anyone who appears to be under 30 years of age. Ms. Thorson outlined her employment history with Southland and stated there were no liquor violations at the stores where she worked. Authority member Poncelow made a motion, seconded by Authority member Schroeer, to approve Dee Ann Thorson as manager of Seven Eleven #17900, 3035 West Prospect. Yeas: Cooper, Crowfoot, Norton, Poncelow, and Schroeer. Nays: None. THE MOTION CARRIED. • • September 23, 1993 Report of Manager for Seven -Eleven #20104, 429 Remington Approved (Secretary's Note: The manager did not appear at this meeting. Authority member Poncelow made a motion, seconded by Authority member Cooper, to postpone this item to the October 27 meeting. Yeas: Cooper, Crowfoot, Norton, Poncelow, and Schroeer. Nays: None. THE MOTION CARRIED. (Secretary's Note: Authority member Wawro arrived at this point.) Report of Manager for Seven -Eleven #25290, 4543 Boardwalk, Approved Max Mitchell, manager, stated there have been no violations at this store since he became manager. He stated there is a liquor code book in each store. Authority member Crowfoot made a motion, seconded by Authority member Schroeer, to approve Max Mitchell as manager of Seven -Eleven #25290, 4543 Boardwalk. Yeas: Cooper, Crowfoot, Norton, Poncelow, Schroeer, and Wawro. Nays: None. THE MOTION CARRIED. Report of Manager for Seven -Eleven #26803, 2800 South College, Approved Juliet Nunn, manager, stated she has been at this store for 2 years. She noted there have been no violations at this store or any other store she worked at. Authority member Poncelow made a motion, seconded by Authority member Crowfoot, to approve Juliet Nunn as manager of Seven -Eleven #26803, 2800 South College. Yeas: Cooper, Crowfoot, Norton, Poncelow, Schroeer, and Wawro. Nays: None. THE MOTION CARRIED. Report of Manager for Seven -Eleven #26927, 1600 South Lemay, Approved Rachel Chappell, manager, stated she has been with Seven -Eleven since 1982 and noted there have been no violations since she became manager. 4 • • September 23, 1993 Authority member Crowfoot made a motion, seconded by Authority member Schroeer, to approve Rachel Chappell Nunn as manager of Seven -Eleven #26927, 1600 South Lemay. Yeas: Cooper, Crowfoot, Norton, Poncelow, Schroeer, and Wawro. Nays: None. THE MOTION CARRIED. Report of Manager for Seven -Eleven #26933, 970 West Horsetooth Approved (Secretary's Note: The manager did not appear at this meeting. Authority member Schroeer made a motion, seconded by Authority member Crowfoot, to postpone this item to the October 27 meeting. Yeas: Cooper, Crowfoot, Norton, Poncelow, Schroeer, and Wawro. Nays: None. THE MOTION CARRIED. Transfer of Ownership of Convenience Plus, 1013 Centre Avenue, and Trade Name Change to Conoco #06440, Approved Lois Rentz, paralegal with Dill, Dill, Carr and Stonbraker, stated this is a transfer of ownership from C Plus of Colorado, Inc. to Cono-Services, Inc. She noted there is no connection between the corporations. Authority member Poncelow made a motion, seconded by Authority member Schroeer, to approve the transfer of ownership of Convenience Plus, 1013 Centre Avenue, from C Plus of Colorado, Inc. to Cono-Services, Inc., and trade name change to Conoco #06440. Yeas: Cooper, Crowfoot, Norton, Poncelow, Schroeer, and Wawro. Nays: None. THE MOTION CARRIED. Hearing on a New Application for a Beer and Wine License at The Sandwich Garden, 123 North College, Suite 163. Approved Christine McKelvey, owner, was sworn. She detailed the establishment operations and stated they have been open since January. She stated the three outside tables will not have fencing and will not be a part of the licensed premise. She stated she will have approximately 4-5 employees during busy times. Ms. McKelvey stated she has had no prior work history, since she was a student at Colorado State University. Assistant City Attorney Heffernan stated the Applicant's petitions are admissible into evidence on the condition that the notary statement be corrected. • • September 23, 1993 Consensus of the Authority was to accept the petitions with the condition that the notary statement is corrected. Authority member Cooper made a motion, seconded by Authority member Crowfoot, to adopt Resolution 93-11 approving the application from SYM, Inc., for a beer and wine license at The Sandwich Garden, 123 North College, Suite 163, on the condition that the notary statement is corrected. Yeas: Cooper, Crowfoot, Norton, Poncelow, Schroeer, and Wawro. Nays: None. THE MOTION CARRIED. Show Cause Hearing for Pitchers, 1100 West Drake Road Request Show -Cause Hearing Withdrawn Joel Tower, Fort Collins Police Officer, appearing on behalf of Fort Collins Police Officer Troy Krenning, stated that he is requesting this show cause hearing be withdrawn per Officer Krenning's request. Officer Tower stated he was unable to speak directly with Officer Krenning to determine the reason for the withdrawal. Herb Lee, owner, detailed the meetings with Officer Krenning and Liquor Licensing Specialist Harris. He stated it was poor judgment on their part and that it will not happen again. Mr. Lee stated he strongly believes that underage individuals were not consuming alcohol. Show Cause Hearing for Sportsmans Boss Hoggs, 210 Walnut No Violation Found Alford Johnson, attorney representing Sportsmans Boss Hoggs, introduced himself. Greg Tempel, Special Prosecutor for the Fort Collins Police Department, introduced himself Jeff Laguna, Fort Collins Police Department Officer, was sworn. He detailed his work history and training in identifying intoxicated individuals. He stated he and Officer Schiager were dispatched to Viento's regarding Roberto Bustamonte. Officer Laguna testified as to Mr. Bustamonte's inability to maintain his balance, and his blood shot, watery eyes. He stated they requested Mr. Bustamonte leave Viento's and witnessed him entering Sportsmans Boss Hoggs, 210 Walnut. He stated Mr. Bustamonte sat at the second set of barstools and were able to observe him through the glass windows in the front of the establishment. Officer Laguna stated he witnessed the bartender serve Mr. Bustamonte a glass of beer. He stated that he and Officer Schiager entered Sportsmans Boss Hoggs and contacted the bartender, Norman Reel. Mr. Johnson objected to Officer Laguna speculating as to what Mr. Reel said. Assistant City Attorney Heffernan overruled the objection, stating that hearsay is admissible in this proceeding. • • September 23, 1993 Officer Laguna continued his testimony with respect to his interaction with the bartender, Mr. Reel. He stated Mr. Reel commented that he thought he served him one beer. Officer Laguna stated he saw a glass of beer in front of Mr. Bustamonte. He stated he then requested Mr. Bustamonte leave Sportsmans Boss Hoggs with him. Officer Laguna requested Mr. Reel leave the bar with him also. He stated Mr. Reel admitted that Mr. Bustamonte was intoxicated and that he should not be drinking. Mr. Johnson objected to the form of questions. Chairperson Norton requested that Mr. Tempel re -phrase his question. Officer Laguna continued his testimony by stating Mr. Reel denied he served Mr. Bustamonte a pitcher, but may have served him a glass. He stated Mr. Reel commented that the bar was full that evening and he had problems monitoring the bar. Officer Laguna stated he requested a preliminary breath test instrument be used on Mr. Bustamonte, but Officer Zachmeister was unable to complete the test. He stated Mr. Bustamonte was taken into protective custody and transported home. Mr. Johnson cross-examined Officer Laguna. Officer Laguna stated he has been employed with the Fort Collins Police Department for 2 'f years. He noted he has been a police officer for ten years and has had training in handling intoxicated people. He stated he made no arrests as a result of the incident. He described the inside of Sportsmans Boss Hoggs. Mr. Tempel stated he had no further questions for Officer Laguna, who was excused from further questioning. Jerry Schiager, Fort Collins Police Department Officer, was sworn. He stated he has been an officer with the Fort Collins Police Department for almost 2 years. He described the events surrounding Mr. Bustamonte. Officer Schiager stated Mr. Bustamonte was extremely intoxicated. Mr. Johnson cross-examined Officer Schiager. Officer Schiager detailed his employment history. Mr. Tempel stated the prosecution rests. Mr. Johnson requested that the complaint be dismissed. Authority member Schroeer made a motion, seconded by Authority member Crowfoot, to continue with the show cause hearing. Yeas: Cooper, Crowfoot, Norton, Poncelow, Schroeer, and Wawro. Nays: None. THE MOTION CARRIED. 7 • • September 23, 1993 Mr. Johnson called Rebecca Meder to testify. Rebecca Meder, Sportsmans Boss Hoggs employee, was sworn. She stated Mr. Reel refused to serve Mr. Bustamonte and that another patron gave a pitcher of beer to Mr. Bustamonte. She stated she did not see Mr. Bustamonte take a drink. Mr. Tempel cross-examined Ms. Meder. Ms. Meder was excused from further questioning. Mr. Johnson called Charles Walker to testify. Charles Walker, bar patron, was sworn. Mr. Walker stated he witnessed Mr. Bustamonte stagger into the establishment. He stated he alerted Mr. Reel that Mr. Bustamonte was visibly intoxicated. Mr. Walker stated he did not see Mr. Bustamonte take a drink and that Mr. Reel did not serve him. He stated Mr. Reel took away the beer from Mr. Bustamonte. Mr. Tempel cross-examined Mr. Walker. Mr. Johnson called Norman Reel to testify. Norman Reel, Sportsmans Boss Hoggs bartender, was sworn. Mr. Reel testified as to the events that occurred the evening of July 31. He stated that when Ms. Meder told him Mr. Bustamonte was drinking a beer, he immediately confiscated it. Mr. Reel asked Mr. Bustamonte to come back tomorrow. Mr. Tempel cross-examined Mr. Reel. Mr. Reel stated Officer Laguna did not initially ask him if he had served Mr. Bustamonte. Mr. Johnson stated the defense rests. Mr. Tempel and Mr. Johnson summarized testimony. Authority member Poncelow made a motion, seconded by Authority member Cooper, to find that a violation of Regulation 47-105(1)(A), Colorado Revised Statutes did occur on July 31, 1993. Yeas: Cooper, Crowfoot, and Poncelow. Nays: Norton, Schroeer, and Wawro. THE MOTION FAILED TO PASS. • • September 23, 1993 Report of Change of Corporate Structure for the Fraternal Order of Eagles Aerie 4021, dba Eagles Club #4021, 302 North Meldrum Approved Authority member Poncelow made a motion, seconded by Authority member Schroeer, to acknowledge receipt of the change of corporate structure for the Fraternal Order of Eagles Aerie 4021, dba Eagles Club #4021, 302 North Meldrum. Yeas: Crowfoot, Norton, Poncelow, Schroeer, and Wawro. Nays: None. Abstain: Cooper. THE MOTION CARRIED. Other Business Listed below are proposed meeting dates for month, except for November and Decembe January 26 February 23 March 23 April 27 May 25 June 22 r July 27 August 24 September 28 October 26 November 30 Authority member Cooper made a motion, seconded by Authority member Crowfoot, to adopt the 1994 meeting schedule. Yeas: Cooper, Crowfoot, Norton, Poncelow, Schroeer, and Wawro. Nays: None. THE MOTION CARRIED. Adjournment Authority member Cooper made a motion, seconded by Authority member Norton, to adjourn. Yeas: Cooper, Crowfoot, Norton, Poncelow, Schroeer, and Wawro. Nays: None. THE MOTION CARRIED. The meeting was adjourned at approximately 10:12 p.m. These minutes were prepared in December, 1998 and were not submitted to the Authority for approval. The majority of the Authority members present at this meeting were no longer on the Authority when the minutes were prepared.