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HomeMy WebLinkAboutLiquor Licensing Authority - Minutes - 11/10/1982LIQUOR LICENSING AUTHORITY Regular Meeting - November 10, 1982 7:30 P.M. A regular meeting of the Liquor Licensing Authority was held on Wednesday, November 10, 1982, in the Council Chambers of the City of Fort Collins Municipal Building. Roll call was answered by the following members: Bujack, Long, Oldham, Seegmiller and Wilson. Staff Members Present: Debbie Caster, City Clerk's Office Frank Russell, Police Department Greg Denton, City Attorney's Office Minutes of the Regular Meeting of October 13, 1982, Approved as Published Authority member Long made a motion, seconded by Authority member Bujack, to approve the minutes of the regular meeting of October 13, 1982, as published. The Chairman put the motion with the following votes: Yeas: Bujack, Long, Seegmiller, and Wilson. Abstain: Oldham. Special Events License (Liquor) for State Board of Agriculture, Dec. 3, 4, 10 & 11 (Secretary's Note: Boardmember Seegmiller absented himself and left the room.) Mr. Jim McCray, Chairman of the CSU Music Department, stated they are asking for a special events license for the Music Department Madrigal Dinner to be held on December 3, 4, 10, and 11. He stated the atmosphere of the event will be that of the 16th century. Mr. McCray explained that there will be singing, dancing, acrobats, and food and liquor. He stated there will be two bartenders and people on hand to check ID's and to maintain control of the crowd. He stated further that this is a social, non-profit event. It was noted that the maximum seating is 400 people and that they expect 400 people for each of the four nights. Boardmember Bujack made a motion, seconded by Boardmember Oldham, to approve the special events permit for the State Board of Agriculture, CSU Music Department, for December 3, 4, 10, and 11, between the hours of 5:00 p.m. to midnight each night. -2- November 10, 1982 The motion was put to vote with the following votes: Yeas: Bujack, Long, Oldham, and Wilson. Abstain: Seegmiller. Transfer of Ownership Approved for Pit Stop Liquors, 315 Riverside Drive Mr. Roger Strubel, attorney representing the applicant, introduced Mr. Michael Hill. Mr. Michael A. Hill, 2536 South College Avenue, was sworn and spoke briefly of his background. He stated he has never been involved in owning or operating a liquor business. He stated no major changes will be made in regards to the operation of the business. Mr. Hill then spoke of how he is financing the business. Mr. Hill stated he will become more familiar with the Colorado liquor laws 'and obtain an identification guideline booklet. It was noted that the current owner is cross -training him. He told the Authority that he and two other employees will operate the store and explained that he has someone to act in his place during his absence. Mr. Hill stated he will be responsible for training his own employees. Authority member Bujack made a motion, seconded by Authority member Wilson, to approve the transfer of ownership for MAH, Inc., dba Pit Stop Liquors, 315 Riverside Drive. Preliminary Hearing for a Retail Liquor Store License for Pringle Brothers Fine Wine and Spirits, 2160 West Drake Road, # B-7 The boundaries as proposed by the Administration were as follows: North from the subject premises to West Prospect West from the subject premises to City limits. South from the subject premises to City limits and Horsetooth Road. East from the subject premises to South Shields Street. Mr. David Wood, attorney representing the applicant, stated the boundaries are acceptable. Authority member Long made a motion, seconded by Authority member Bujack, to accept the boundaries as proposed for Pringle Brothers Fine Wine and Spirits, 2160 West Drake Road, #B-7. The motion was put to vote and unanimously adopted. -3- November 10, 1982 Final Hearing for a 3.2% Fermented Malt Beverage License for B. J. 's Market. 402 Linden Mr. Jesse Godinez, 3000 Conestoga Court, Fort Collins, was sworn and stated he is part owner. Mr. Godinez stated he has held a 3.2% beer license for the past 21 years at El Burrito. It was noted, however, that that license was recently changed to a Hotel -Restaurant license. He stated during that 21 years he never received a violation. Mr. Godinez stated he feels this license is needed because he no longer holds a 3.2% license. He stated the market has been open and operating since October 20, 1982. The floor plan was reviewed by the Authority. It was pointedout that the beer cooler will be located towards the front of the store near the check- out counter. Mr. Godinez stated Mr. Ben Romero, part owner, runs the meat counter and his daughter manages the store. He stated he has one other employee that will be on the premises. Mr. Godinez presented petitions, marked as Exhibit 1, which were circulated by himself and Ben Romero. In addition, Mr. Godinez stated signatures were received at the store from customers. A total of 265 signatures were received. He stated no one refused to sign the petitions. Boardmember Bujack made a motion, seconded by Boardmember Long, to approve the 3.2% fermented malt beverage (Class B) license for Jesse Godinez and Ben Romero, dba B. J.'s Market, 402 Linden Street. The motion was put to vote and unanimously adopted. Final Hearing for a Hotel -Restaurant License for Pobre Panchos. 1802 North College Avenue The Resolution outlining the results of the preliminary hearing was read by title only. Authority member Long made a motion, seconded by Authority member Bujack, to adopt the Resolution as presented. The Chairman put the motion which was unanimously adopted. Mr. Frank Perez, 2116 Ford Lane, Fort Collins, Colorado, was sworn and stated he is the owner and manager of Pobre Panchos. Mr. Perez spoke briefly of his background. He stated he has been open and operating the restaurant since 1969. He added that he has held a 3.2% beer license for the past 10 years and has had no violations. He explained that the restau- rant is a family business and that he and his wife are the managers. Mr. -4- November 10, 1982 Perez stated he feels the license is needed to accommodate his customers' requests for liquor. The hours of operation are from 9:00 a.m. to 9:00 p.m. Tuesday through Saturday. Mr. Perez stated he is thinking of ex- tending his hours to 9:30 p.m. He stated he does not intend to run a bar, but rather to serve drinks with lunch and dinner. He presented a copy of the menu, marked as Exhibit 1. Mr. Perez stated the menu will not change and stated that a separate menu listing drinks will be provided. He explained that he intends to take orders and serve the liquor. Later on, his wife will be trained to serve liquor. The floor plan was reviewed by the Authority and it was noted that a total of 42 seats will be provided. Mr. Perez then spoke of his financing. Mr. Perez submitted petitions which were circulated on behalf of the application. Petitions marked as Exhibit 2 were petitions signed by customers at the restaurant. Petitions marked as Exhibit 3 were petitions signed by residents in the defined neighborhood. A total of 351 signatures were received. Mr. Roy Wittstruck, attorney representing opposition to this license, asked that Exhibit 2 not be admissible due to the fact that people who signed the petition do not necessarily live in the defined neighborhood. Assistant City Attorney Greg Denton stated that Exhibit 3 would be admis- sible but that Exhibit 2 would not be due to signatures received from outside the defined neighborhood. Authority member Wilson made a motion, seconded by Authority member Long, to overrule the attorney's ruling and accept the petitions marked as Exhibit 2. Only those signatures obtained from the defined neighborhood will be considered. The motion was put to vote and unanimously adopted. Mr. Martin Aragon, 712 Louise Lane, Fort Collins, Colorado, was sworn and stated he has known Frank Perez for a number of years. He added that he feels Frank Perez is a good citizen and businessman. Mr. Lloyd Spawn, 824 Warren Landing, Fort Collins, Colorado, was sworn and stated he has been Mr. Perez's accountant since 1969. He stated he feels Mr. Perez is a good citizen and recommended that the board grant his license. Mr. Kahlil Kamandy, 3508 Swan Lake, Fort Collins, Colorado, was sworn and stated he is the owner of Kelly's (adjacent from Pobre Panchos). Mr. Kamandy spoke in opposition to the license due to the effect it will have on his business. In addition, he stated he feels the needs of the neigh- borhood are being met. -5- November 10, 1982 Mr. Ken Pulliam, 1216 North Shields, was sworn and stated he circulated petitions opposing the license at Pobre Panchos. Opponent's Exhibit A was submitted and identified as the petitions he personally circulated within the defined neighborhood area. Mr. Pulliam explained that 37 of 40 people in the immediate area of Pobre Panchos objected to the issuance of the license stating they feel the needs of the neighborhood are being met. He stated, however, that a total of 87 people were contacted overall. Out of 87 contacts, 49 people signed opposing the license, or 60.5%. Mr. Pulliam pointed out that he is not being paid for conducting the survey and stated that he is doing the job as a personal favor to Mr. Kamandy. In addition, he stated he lives just outside the neighborhood and personally objects to an additional license. Mr. Delmar Shipley, 218 West Willox Lane, Fort Collins, Colorado, ap- proached the board and pointed out that Mr. Pulliam and his wife work for Mr. Kamandy. Mr. Frank Perez stated that he feels that there should be free enterprise and that he is simply exercising that right. Mr. Wittstruck stated that he does not feel the applicant has shown that there is a need for an additional license or that the inhabitants of the neighborhood desire an additional license. Authority member Wilson stated that she feels the majority of people opposing the license are not residents of the neighborhood. Authority member Long commented that he feels the opposition has not adequately proven that the desires of the neighborhood are currently being met. Mr. Rick Kagen, 1700 Cedar, Fort Collins, Colorado, was sworn and stated he is a resident of the defined neighborhood approached by Mr. Pulliam. He explained that he feels he was talked into signing the petition which opposed the license. He stated he would like to see the license issued to Pobre Panchos. Authority member Long made a motion, seconded by Authority member Bujack, to approve the Hotel -Restaurant license for Pobre Panchos, 1802 North College Avenue. The motion was put to vote and unanimously adopted. Show/Cause Hearing for Electric Stampede, 242 Linden Assistant City Attorney Greg Denton stated the licensee is stipulating to -6- November 10, 1982 Regulation 47-105.1 C(1)(c) of the liquor code. Greg recommended that the Authority not consider any violation under Regulation 47-105.1 C(1)(a) as noted in the police report. Mr. Garth Rogers, attorney representing the Electric Stampede, agreed with Greg's recommendation. Authority member Bujack made a motion, seconded by Authority member Oldham, to determine that a violation did occur at the Electric Stampede, 242 Linden, on October 7, 1982. Officer Frank Russell recommended a 7-day suspension. Mr. Rogers stated that he feels a letter of reprimand would be in order on the basis that the show turned out to be a surprise and because the owners have cancelled their contract with the Good Vibrations people for future shows and because the establishment has never had any prior violations. Mr. Richard White, 518 Strachan Drive, was sworn and stated he is part owner of the Electric Stampede. Mr. White explained that they hired a group out of Denver called "Good Vibrations, Inc." to conduct an intimate lingerie show for ladies night. He stated that they had a show approxi- mately one year ago where the models wore body suits under the lingerie. He stated at this past show held on October 7, the models did not wear the body suits and one of the male models exposed his buttocks to the crowd. Mr. White stated these activities were not expected and were a total surprise to him. He added that he stopped these activities as soon as they were called to his attention. Mr. White stressed the fact that they have cancelled all future shows with this company and that he has no plans for any shows of this nature in the future. Authority member Bujack made a motion for a two-day suspension to be issued at the convenience of the owner within the next 30 business days and that the premises be posted. The motion died due to lack of a second. Authority member Wilson asked what type of monetary loss would be incurred if the establishment is closed for 2 days. Mr. White stated at a minimum they would lose $1,000 each day. He pointed out the impact it would have on regular customers if they were closed two days. In addition, Mr. White stated they have had no prior violations. Boardmember Bujack made a motion, seconded by Authority member Wilson, to suspend the license at the Electric Stampede, 242 Linden, for one business -7- November 10, 1982 day, at the convenience of the owner, within the next 30 days (excluding Thanksgiving, November 25, 1982) and that the premises be posted. The motion was put to vote as follows: Yeas: Bujack, Long, Oldham, and Wilson. Nays: Seegmiller. Final Resolution on a Beer and Wine License for L'Alouette. 334 East Mulberry The Resolution was read by title only. Authority member Long made a motion, seconded by Authority member Bujack, to adopt the Resolution as presented. The motion was put to vote and unanimously adopted. Final Resolution on a 3.2% Fermented Malt Beverage License for Safeway, 2160 West Drake Road The Resolution was read by title only. Authority member Long made a motion, seconded by Authority member Bujack, to adopt the Resolution as presented. The motion was put to vote and unanimously adopted. Police Report Officer Frank Russell stated that there is no report this month. Adjournment Authority member Bujack made a motion, seconded by Authority member Oldham, to adjourn. The meeting was adjourned at approximately 10:30 p.m. airman M IS