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HomeMy WebLinkAboutLiquor Licensing Authority - Minutes - 12/15/19760 0 LIQUOR LICENSING AUTHORITY December 15, 1976 Regular Meeting - 7:30 P.M. A regular meeting of the Liquor Licensing Authority was held on Wednesday, December 15, 1976 at 7:30 p.m. in the Council Chambers in the City of Fort Collins City Hall. Roll call was answered by the following members: Authority members Bean, Renz, Seegmiller, Stoner and Wilson. Staff Members Present: Sgt. Mason and City Clerk Verna Lewis. Also: Assistant City Attorney Ramsey Myatt. Minutes of the Regular Meeting of November 17, 1976 and the Special Meeting of November 23, 1976 Approved as Published Authority member Renz made a motion, seconded by Authority member Stoner to approve the minutes of the regular meeting of November 17, 1976 and the special meeting of November 23, 1976 as published. The Chairman put the motion which was unanimously adopted. Final Hearing on Stephen G. Ackerman lication for a Tavern License a Sam's, 162 Linden Street, Approved Chairman Seegmiller read the Rules of Procedure and inquired if there were any protestants present, and if there was any reason why the hearing should not go forth. Hearing no objections, he declared the hearing would proceed. City Clerk Verna Lewis read the resolution setting out the finding of the preliminary hearing by title. Authority member Stoner made a motion, seconded by Authority member Renz to adopt the resolution. The Chairman put the motion which was unanimously adopted. f RESOLUTION OF THE LIQUOR LICENSING AUTHORITY OF FORT COLLINS SETTING FORTH FINDINGS ON A PRELIM- INARY HEARING ON A LIQUOR LICENSE APPLICATION WHEREAS, heretofore, Stephen G. Ackerman, doing business as Sam's, made application to the Liquor Licensing Authority for a tavern license; and A WHEREAS, the Liquor Licensing Authority has received reports concerning such application, and has held a preliminary hearing on such application as provided in Rule 3 of the Rules of Procedure of the Liquor Licensing Authority. NOW, THEREFORE, BE IT RESOLVED BY THE LIQUOR LICENSING AUTHORITY OF THE CITY OF FORT COLLINS, that the Authority here- by makes the following preliminary findings and determinations concerning this application, subject to the right of any party in interest to present further evidence concerning any of such findings and determinations at the hearing to be held on this application on the 15th day of December, 1976: 1. That the subject premises are proper premises under the ordinances of the City of Fort Collins and the laws of the State of Colorado to be licensed for the sale of liquor as applied for by the applicant. 2. That the boundaries of the neighborhood to be served by this applicant are as follows: -2- 0 North from the subject premises to the City limits, south from the subject premises to Prospect Street, east from the subject premises to Riverside and Lemay following the City limits to the north, and west from the subject premises to Shields Street. 3. That the necessary notice of hearing by publication and by posting of the premises has not been given as provided,; by law, and the Authority has directed the City Clerk to accom- plish said notice prior to the hearing date. 4. That the applicant is qualified under the ordinances of the City and the laws of the State for the license applied for. 5. That the application is in proper form and will be heard by the Authority on December 15, 1976. Passed and adopted at a regular meeting of the Liquor Licensing Authority held this 15th day of December, 1976. ATTEST - City Clerk ism Applicant, Stephen G. Ackerman,was sworn by the Court Recorder prior to giving testimony regarding the proposed outlet and the change from a 3.2% Fermented Malt Beverage License to a Tavern License. Mr. Ackerman called Ms. Deb Stanley, 4337 Shoreline, who was sworn by the Court Recorder and gave testimony regarding petitions she had circulated to businesses, residents and patrons. These petitions were marked as petitioner's exhibits "B", "C", and "D" and were admitted into evidence by Assistant City Attorney Myatt. The Authority reviewed the Building Inspection and Fire Inspection reports in which they had allowed Mr. Ackerman to bring_, the building up to code, and whereby he had agreed to comply with the orders January 15, 1977. Mr. Ackerman then called Ms. Loria Lilja, 616 South Howes and gave testimony regarding applicant's exhibit "A" being a petition she had circulated to residents in the area. At the conclusion of the hearing, Authority member Stoner made a motion, seconded by Authority member Wilson to approve the appli- cation for a Tavern License for Sam's, 162 Linden Street. The Chairman put the motion which was unanimously adopted. Hearing to Show/Cause Why the 3.2% Fermented Malt Beverage License for Vernie Valdez dba Pine Tavern, 244 Pine Street Should Not Be Revoked or Suspended, Continued Chairman Seegmiller declared this is a show/cause hearing and inquired if both parties (the City of Fort Collins and the licensee) were ready to proceed. Upon stating that the witness subpoenaed by the City, Ms. Juana Ybarra Proa, had not appeared and that Assistant City Attorney Joe Carroll had stipulated that the City would proceed; the Chairman declared the hearing open. Assistant City Attorney Carroll called Officer Charles Irving Cross, who was sworn by the Court Recorder and gave testimony regarding an alleged violation, serving to minors, at the Pine Tavern at approximately 10:03 p.m, on November 6, 1976. At the end of Officer Cross'stestimony, Assistant City Attorney Carroll stated the City had nothing. Assistant City Attorney Myatt then inquired if Mr. Valdez wished to present evidence in this matter. Mr. Valdez was sworn by the Court Recorder and gave testimony regarding the operation in the licensed establishment on the evening in question. IVE n U Mr. Jessie Lozano was sworn by the Court Recorder and gave testimony regarding his personal observations regarding the underage person on the evening in question. Ms. Katherine Jones, 408 Clover Lane, Fort Collins, was sworn by the Court Recorder and gave testimony regarding the night in question and her knowledge of the two girls. Officer Cross was recalled by the Authority and spoke to a sworn statement signed by Ms. Juana Ybarra Proa, stating that the underage person had been served beer. City Attorney Myatt advised the Authority that they could not give Ms. Proa's affidavit the weight that they could give her testimony because an affidavit is not subject to cross-examina- tion and Mr. Valdez has the right to cross-examine any evidence that the Authority has. At the conclusion of the hearing, Assistant City Attorney Myatt advised the Authority that they had two options: (1) to continue the hearing and attempt to obtain Ms. Proa's testimony, or (2) they may decide on whether or not a violation occurred and take action on that basis. Authority member Bean made a motion, seconded by Authority member Seegmiller to continue the hearing and try to obtain the testi- mony of Ms. Juana Ybarra Proa. The Chairman put the motion with the following vote: Yeas: Authority members Bean, Seegmiller and Stoner. Nays: Authority members Renz and Wilson. Boundaries Set for Preliminary Hearing on an Application for a Beer and Wine License for Walter Huang dba China Palace. 117 South College City Clerk Verna Lewis presented the recommendations of the administration for boundaries for the proposed outlet as follows: "North from the subject premises to the City Limits. South from the subject premises to Prospect Street. East from the subject premises to Piverside and Lemay, following the City Limits to the North. West from the subject premises to Shields Street." City Attorney Myatt advised the applicant, Mr. Walter Huang, that the file is deficient in the following particulars: (1) a trade name affidavit and one letter of reference. Mr. Huang stated he agreed with the boundary recommendations. -5- Authority member Bean made a motion, seconded by Authority member Renz to approve the recommendation of the administration on the boundary designation and establish the final hearing date as January 12, 1977. The Chairman put the motion which was unanimously adopted. Registration of New Manager at the Out of Bounds Restaurant 200 West Mountain, Approved City Clerk Verna Lewis read the Police background investigation which recommended approval. Authority member Renz made a motion, seconded by Authority member Stoner to approve the registration of a new manager of the Out of Bounds Restaurant, 200 West Mountain Avenue. The Chairman put the motion which was unanimously adopted. Registration of New Manager at the Moot House, 2626 South College Avenue, Tabled Officer Mason informed the Authority the Police Department back- ground investigation is not complete at this time. Authority member Stoner made a motion, seconded by Authority member Renz to table the registration of a new manager of the Moot House to January 12, 1977. The Chairman put the motion which was unanimously adopted. Change of Ownership from Danny Rogers dba The Red Garter to Danny Rogers and Kenneth E. Seaman dba The Red Garter, 117 Linden Street Approved Mr. Kenneth E. Seaman was sworn by City Clerk Verna Lewis and gave testimony regarding his involvement in the proposed outlet as well as his personal background. Authority member Renz made a motion, seconded by Authority member Bean to approve the change of ownership from Danny Rogers dba The Red Garter to Danny Rogers and Kenneth E. Seaman dba The Red Garter, 117 Linden Street. The Chairman put the motion which was uanimously adopted. We • 0 Renewal of Hotel -Restaurant Liquor License with Extended Hours for Frick and Frack dba Butch Cassidy's, 934 Lemay, Approved City Clerk Verna Lewis stated there is a negative Police report with a recommendation for approval. Authority member Bean made a motion, seconded by Authority member Wilson to approve the renewal of a hotel -restaurant liquor license with extended hours for Frick and Frack dba Butch Cassidy's, 934 Lemay Avenue. The Chairman put the motion which was unanimously adopted. Change from Hotel -Restaurant Liquor License to a Tavern License for Best Bowl, Inc, dba Tack Room, 217 W. Horsetooth, Approved City Clerk Verna Lewis read the following Police report and recommendation into the record: "On November 17, 1976 the above named corporation made renewal application for a Malt, Vinous and Spirituous Liquor License; Tavern License. On the same day this officer received the appli- cation for review. This officer checked the records of the Fort Collins Police Department and the Larimer County Sheriff's Office and found three disturbance incidents, one incident of underage persons in the bar, and one incident of the use of fake I.D. The disturbance incidents were of the customer vs. customer type and were resolved by police action; either arrest or having the people involved leave the premises. The underage incident was resolved by Officer Groves advising the management of the underage persons being present and a warning that I.D.'s should have been checked by the waitress. The fake I.D. incident was resolved when the I.D. was found to be valid by the officer investigating the incident. There were no other incidents recorded in the past year. RECOMMENDATION: Because of the recorded incidents in the past year we recommend a letter be sent to the licensee stating our concern for the operation of the Tack Room regarding the disturb- ances and the failure of an employee to check I.D.'s. We would recommend approval of the application with this letter." Authority member Bean made a motion, seconded by Authority member Stoner to approve the recommendation of the Police Department and request that the City Attorney send the letter indicated and approve the renewal for a Tavern License for Best Bowl, Inc. dba Tack Room, 217 West Horsetooth. -7- The Chairman put the motion which was unanimously adopted. Renewal of a 3.2% Fermented Malt Beverage License for National Convenience Stores, Inc. dba Shop 'n Go Market 802 South College Avenue, Approved Following is the Police report on this item: "On November 15, 1976 the above named corporation made renewal application for their 3.2% Beer Retail License. On the same day this officer received the application for review. This officer checked the records of the Fort Collins Police Department and the Larimer County Sheriff's Office and found one incident recorded (FCPD Case #76-14219) of the liquor law violation which occurred November 10, 1976. The alleged viola- tion of Section 12-46-112(a) to sell fermented malt beverages to any person under the age of 18 years...." The alleged violation was brought before the licensing authority November 17, 1976 at which time the Authority took under advisement the recommendation of Assistant City Attorney Ramsey D. Myatt for a voluntary license suspension. On November 29, 1976 a voluntary suspension agreement was reachedby the above licensee and the Authority. That agreement being a suspension of the 3.2 per cent Beer Retail License for a period of seven days; from December 1, 1976 to December 7, 1976. No other violations were recorded in the past year. RECOMMENDATION: Because of the attitude of the applicants toward the Liquor Law violation which occurred in the past year, and since the voluntary suspension which was agreed upon by the licensee indicates a favorable attitude of cooperation on the applicant's part, we, therefore, recommend approval of this application." Authority member Stoner made a motion, seconded by Authority member Bean to approve the renewal of a 3.2% Malt Beverage license for National Convenience Stores, Inc. dba Shop 'n Go Market, 802 South College Avenue. The Chairman put the motion which was unanimously adopted. Renewal of a 3.2% Fermented Malt Beverage License for Southland Corporation dba 7-Eleven Store 1001 Lemay, Approved City Clerk Verna Lewis stated this is a routine renewal with a negative Police report with a recommendation for approval. Authority member Stoner made a motion, seconded by Authority member Renz to approve the renewal of a 3.2% Fermented Malt Beverage license for Southland Corporation dba 7-Eleven Store, 1001 Lemay. -8- The Chairman put the motion which was unanimously adopted. Renewal of a 3.2% Fermented Malt Beverage License for National Tea Company dba National Food Stores, 420 South College Avenue, Approved City Clerk Verna Lewis stated this is a routine renewal with a negative Police report and a recommendation for approval. Authority member Renz made a motion, seconded by Authority member Stoner to approve the renewal of a 3.2% Fermented Malt Beverage license for National Tea Company dba National Food Stores, 420 South College Avenue. The Chairman put the motion which was unanimously adopted. Renewal of a 3.2% Fermented Malt Beverage License for Hibdon, Hibdon and Brew dba Handi-Pak, 1325 North College Avenue, Approved City Clerk Verna Lewis stated this is a routine renewal with a negative Police report and a recommendation for approval. Authority member Bean made a motion, seconded by Authority member Stoner to approve the renewal of a 3.2% Malt Beverage license for Hibdon, Hibdon and Brew dba Handi-Pak, 1325 North College Avenue. The Chairman put the motion which was unanimously adopted. Renewal and Change from a Hotel -Restaurant License to a Tavern License with Extended Hours for Monte Carlo Lounge, 830 North College Avenue, Approved City Clerk Verna Lewis stated this is a routine renewal with a negative Police report and a recommendation for approval. Authority member Bean made a motion, seconded by Authority member Stoner to approve the renewal and change from a Hotel -Restaurant license to a Tavern license with Extended Hours for Monte Carlo Lounge, 830 North College Avenue. The Chairman put the motion which was unanimously adopted. Renewal of Hotel -Restaurant License for Tico's of Fort Collins, 333 West Drake Road, Approved Following is the Police report and recommendation on this item: -9- "On November 15, 1976 the above named corporation made appli- cation for renewal of their Beer, Wine, and Liquor License. On the same day this officer received the application for review. This officer checked the records of the Fort Collins Police Department and the Larimer County Sheriff's Office and found one incident recorded of a customer problem. The problem was of a minor nature and was handled by officers. RECOMMENDATION: The investigation has revealed nothing deroga- tory and we would, therefore, recommend approval of this appli- cation." Authority member Stoner made a motion, seconded by Authority member Renz to approve the renewal of a Hotel -Restaurant Liquor License for Tico's of Fort Collins, 333 West Drake Road. The Chairman put the motion which was unanimously adopted. Renewal of a Hotel -Restaurant License with Extended Hours for Joe Robert Berry dba Charley's Cousin, 3400 South College Avenue, Approved City Clerk Verna Lewis stated this is a routine renewal with a negative Police report and a recommendation for approval. Authority member Bean made a motion, seconded by Authority member Stoner to approve the renewal of a Hotel -Restaurant License with Extended Hours for Joe Robert Berry dba Charley's Cousin, 3400 South College Avenue. The Chairman put the motion which was unanimously adopted. Renewal and Change from Hotel -Restaurant License to a Tavern License for F&R Ltd. dba Reuben's, 214 Linden, Approved Following isthe Police report and recommendation on this item: "On November 22, 1976 the above named corporation made applica- tion for renewal of their Tavern License; Malt, Vinous, and Spirituous Liquor License. On November 31, 1976 this officer received the application for review. This officer checked the records of the Fort Collins Police Department and the Larimer County Sheriff's Office and found twenty-five incidents recorded in the east year. Twenty of the incidents were customer related disturbance type incidents and were reported by the licensee. Three incidents were of the type where the licensee requested a patron to leave the bar and called -10- 1-1 for police assistance in the process. Two incidents were initiated by officers making bar checks and involved intoxicated persons being in the bar. The officer removed the people by taking them into protective custody and holding them overnight. At this time, I bring to your attention three pending alleged liquor law violations. These are Fort Collins Police Department initiated cases and are currently under investigation. Because of the time factor it is not possible to conclude the investiga- tions prior to this meeting. The alleged violations are recorded in the following Police Department cases: 76-16074, November 16, 1976; 76-16388, November 24, 1976; and 76-16686, December 1, 1976. The alleged violations are the refilling of a liquor bottle and serving to underage persons. Because of the pending investigations and the time within which the current license is valid, I would like to make the following recommendation to the Authority as to the renewal of the license. RECOMMENDATION: We recommend approval of this application with a letter of warning to accompany the license stipulating that, should similar violations occur during the new license year, the License Authority will take persuasive action toward the licensee." The Authority expressed concern regarding, the State requirement that if there is a possibility that a license might not be renewed, the premises must be posted ten days prior to renewal time; also the probability that the State authorities might take action against the license. Authority member Stoner made a motion, seconded by Authority member Bean to approve the renewal and request that the City Attorney direct a letter of warning to the licensee. The Chairman put the motion with the following vote: Yeas: Authority members Bean, Seegmiller, Stoner and Wilson. Nays: Authority member Renz. Resolution Adopted Granting a 3.2% Fermented Malt Beverage License, Class B, to Panhandler's Inc. dba Panhandler's, 607 South Mason. Adopted Authority member Bean made a motion, seconded by Authority member Renz to adopt the resolution granting a 3.2% Fermented Malt Beverage License Class B, to Panhandler's Inc. dba Panhandler's, 607 South Mason. The Chairman put the motion which was unanimously adopted. -11- 4SOLUTION OF THE LIQUOR LICENSING AUTHORITY OF THE CITY OF FORT COLLINS CONCERNING AN APPLICATION FOR A CLASS B LICENSE TO SELL NON -INTOXICATING MALT LIQUOR AND SETTING FORTH THE FINDINGS OF THE LIQUOR LICENSING AUTHORITY ON SAID APPLICATION The application of Panhandlers, Inc., d/b/a Panhandlers, for a Class B License for the sale of non -intoxicating malt liquor came on for hearing on November 17, 1976, before the Liquor Licensing Authority of the City of Fort Collins, and the Liquor Licensing Authority having heard the testimony and received the evidence produced at said hearing and having con- sidered and weighed the same and being familiar with the neighborhood for which the license is sought, now makes the following findings: 1. The license sought by the applicant is for a location at 607 South Mason, Fort Collins, Colorado, said site being occupied as a carry -out pizza restaurant, the license being sought in connection with such business. 2. The testimony and petitions presented by the appli- cant at the hearing were to the effect that the inhabitants of the neighborhood desire that the license be granted and the needs of the neighborhood require the granting of this license. No substantial testimony or petitions were presented contrary to this position of the applicant. -12- It is therefore the opinion and finding of the Liquor Licensing Authority that: A. The inhabitants of the neighborhood desire that the license be granted. B. The needs of the neighborhood require the granting of the license. NOW, THEREFORE, be it resolved by the Liquor Licensing Authority of the City of Fort Collins that the application of Panhandlers, Inc., d/b/a Panhandlers, for a Class B License for the sale of non -intoxicating malt liquor at 607 South Mason, Fort Collins, Colorado, be and the same is hereby granted. Passed and adopted at a regular meeting of the Liquor Licensing Authority of the City of Fort Collins, Colorado, held this 15th day of December ATTEST: y� ty er -13- Letter of Warning Authorized for Skaggs Drug Store, Foothills Convenience Center Following is the Police Department report on this item: "On November 13, 1976 at approximately 7:01 p.m., Officer Jeff Groves was off duty and shopping in the Skaggs Drug Store. While waiting in the line at the cash register #3, one other person was at the cash register making a purchase of one six-pack of Coors pony cans, 7 ounce size, 3.2 beer. Officer Groves observed the transaction.and reported that at no time did the cashier request identification from the person who was purchasing the beer. This person paid for the beer and proceeded to the outside of the store. Officer Groves followed the person outside where he contacted the party who had purchased the beer. Officer Groves requested and received from the party an identification which revealed his age to be 17, with a date of birth of 12-20-58. Officer Groves confiscated the beer as evidence and booked the person for illegal possession. RECOMMENDATION: It is recommended that a letter of warning be issued to t e licensee." Authority member Renz made a motion, seconded by Authority member Bean to authorize the City Attorney to send a letter of warning to Skaggs Drug Store regarding the above violation. The Chairman put the motion which was unanimously adopted. New Application for a 3.2% Class C Fermented Malt Beverage License for Cue & Brew Ltd. 829 South Shields, Tabled The applicant had requested that his application be tabled for 30 days. Authority member Stoner made a motion, seconded by Authority member Seegmiller to table the application for a 3.2% Class C Fermented Malt Beverage License for Cue & Brew Ltd. to January 12, 1977. The Chairman put the motion which was unanimously adopted. -14- Adjournment Authority member Stoner made a motion, seconded by Authority member Seegmiller to adjourn. The Chairman put the motion which was unanimously adopted. ATTEST: City Clerk Chairman -15-