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HomeMy WebLinkAboutLiquor Licensing Authority - Minutes - 09/22/1976! 0 September 22, 1976 LIQUOR LICENSING AUTHORITY Regular Meeting - 7:30 P.M. A regular meeting of the Liquor Licensing Authority of the City of Fort Collins was held on Wednesday, September 22, 1976 at 7:30 p.m. in the Council Chambers in the City of Fort Collins City Hall. Roll call was answered by Authority members Bean, Renz, Seegmiller and Stoner. Staff Members Present: Officer Jeff Groves and Deputy City Clerk LaVonne Dowell. Also: Assistant City Attorney Ramsey Myatt. Minutes of the Special Meeting of August 17, 1976 Approved, Minutes of the Regular Meeting Amended,, Approved The Chairman asked for additions or corrections to the minutes. Authority member Renz stated that there were two corrections needed, one on page 6, a typographical error in the title of the item near the bottom of the page and on page 7 the transfer .from Albert E. Goodwin III to Albert E. Goodwin II should be corrected to read Albert E. Goodwin III to Albert E. Goodwin. A motion was made by Authority member Stoner and seconded by Authority member Bean to amend the minutes as stated above. The Chairman put the motion which was unanimously adopted. Hearing no corrections for the minutes of the Special meeting on August 17th the Chairman declared them approved as published. Boundaries for the Area to be Served for a Tavern License Application Submitted by Danny Rogers dba Red Garter Tavern, 117 Linden Established The boundary recommendation for boundaries is as follows: The Administration recommends the following boundaries: 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 North. West from the subject premises to Shields Street. 1i 11 Authority member Renz made a motion, seconded by Authority member Bean to set the boundaries as recommended and schedule the final hearing on October 20, 1976. Modifications in the Seating Arrangements at Giuseppe's, 254 Walnut Approved Mr. Bruce McMahon, owner of Giuseppe's, spoke to the charges that are proposed. Authority member Renz made a motion, seconded by Authority member Stoner that this is not a substantial change and approved the proposed seating changes. The Chairman put the motion which was unanimously adopted. Accept Application for a 3.2% Class B Fermented Malt Beverage License Submitted by Richard and Carol Fitzgerald dba Country Store, 1517 Lemay Avenue City Attorney, Ramsey Myatt, advised the Authority that the file was in order. Mr. Tom Metcalf, representing the applicants, stated the letters of reference would be forthcoming. Authority member Stoner made a motion, seconded by Authority member Renz to accept the application for a 3.2% Class B Fermented Malt Beverage License from Richard and Carol Fitzgerald dba Country Store, 1517 Lemay Avenue, to schedule the hearing for October 20, 1976 and establish the boundaries for the area to be served as 2,000 feet in each direction, squared to the nearest corner. The Chairman put the motion which was unanimously adopted. Accept Application for a 3.2% Class B Fermented Malt Beverage License Submitted by Richard and Carol Fitzgerald dba Country Store, 1700 West Mulberry City Attorney, Ramsey Myatt, advised the Authority that the file was in order. Mr. Tom Metcalf, representing the applicant, advised that the letters of reference would be forthcoming. Authority member Bean made a motion, seconded by Authority member Stoner to accept the application, schedule the hearing for October 20, 1976 and establish the boundaries for the area to be served as 2,000 feet in each direction squared to the nearest corner. The Chairman put the motion which was unanimously adopted. -2- Renewal Application for a 3.2% Class C Fermented Malt Beverage License Submitted by Frank J. Perez dba Panchos, 1802 North College Avenue Approved Deputy City Clerk, LaVonne Dowell, advised the Authority that this was a routine renewal and that the Police Department investigation had revealed nothing derogatory and would there- fore recommend approval of the application. Authority member Bean made a motion, seconded by Authority member Stoner to approve the renewal application for Frank J. Perez dba Pancho's Cafe, 1802 North College Avenue. The Chairman put the motion which was unanimously adopted. Renewal Application for a 3.2% Class B Fermented Malt Beverage License Submitted by Speedy Foods East 421 Cowan Approved Deputy City Clerk, LaVonne Dowell, advised the Authority that this was a routine renewal, the Police Department investigation had revealed nothing derogatory and would therefore recommend approval of the application to renew the license. Authority member Renz made a motion, seconded by Authority member Stoner to approve the renewal application submitted by Speedy Foods East, 421 Cowan. The Chairman put the motion which was unanimously adopted. Renewal Application for a 3.2% Class A Fermented Malt Beverage License for Donald Gunn and Steven Foster dba Panhandlers, 1220 Elizabeth Tabled Mr. Tom Metcalf, Attorney for the applicant, advised the Authority of the following information: The current license is issued to a partnership and Mr. Gunn has bought all of Mr. Foster's interest and is also in the process of incorporating the business. Mr. Metcalf also stated that he would be able to get the transfer filed prior to the next meeting so it can be acted upon at the October 20, 1976 meeting of the Liquor Authority. Authority member Renz made a motion, seconded by Authority member Stoner to table any action on the renewal application for Panhandlers at this time. The Chairman put the motion which was unanimously adopted. -3- Renewal Application for a 3.2% Class C Fermented Malt Beverage License for Colorado State University, Durrell Center Approved Deputy City Clerk LaVonne Dowell advised the Authority that this was a routine renewal, the Police Department investigation had revealed nothing derogatory and would therefore recommend approval of the application to renew the license. Authority member Bean made a motion, seconded by Authority member Stoner to approve the application to renew a 3.2% Class C, Fermented Malt Beverage License for Colorado State University, Durrell Center. The Chairman put the motion with the following vote: Authority members Bean, Renz and Stoner. Abstain: Authority member Seegmiller Discussion of Election Day Violation at Paul's Pizza, / 1301 West Elizabeth Officer Jeff Groves spoke to the Authority regarding this violation and the following memo: On September 14, 1976 at approximately 5:15 p.m. this officer stopped at the above location and found the establishment furnishing 3.2% beer to customers during polling hours, in violation of the City of Fort Collins ordinances; specifically #33-20. Evidence was confiscated from two subjects sitting at one of the front tables. The employee in charge was notified of my actions and asked to tell the manager -owner at the, earliest possible time. RECOMMENDATION: This constitutes the second violation in a period of four months. This violation and the previous one are both of the same nature, that is, when service of beer is permissable and when it is not. It is felt that this is basic knowledge to the holder of any liquor license, and that future violations will not be tolerated. It is recommended that a written letter of warning be issued to the licensee vith the additional understanding that any future violations will undoubtecly result in the request by the police department for a suspension hearing. Mr. Paul Oberg, the licenseholder, was also present to answer questions from the Authority regarding this violation. Authority member Stoner made a motion, seconded by Authority member Bean to issue a written letter of warning to the license holder of Paul's Pizza. The Chair- man put the motion which was unanimously adopted. -4- Consider Alleged Violation at the Lucky 7, 1201 North College Avenue for an After Hours Sale Officer Jeff Groves presented the following report to the Authority for review. On September 12, 1976, at 12:08 a.m., Officer Dennis Whitesell made a routine bar check at the above establishment and found them to be in violation of State law by still having drinks on the table after the hour of 12:00 midnight. Officer Whitesell was able to confiscate one.of the drinks as evidence. RECOMMENDATION: It is recommended that a written letter of warning be issued to the licensee. After a short discussion Authority member Stoner made a motion, seconded by Authority member Bean to write a letter of warning to Keith Blakeslee regarding the violation and that an application for transfer of ownership be submitted for review. The Chairman put the motion which was unanimously adopted. Show/Cause Hearing Scheduled for Ace Liquors, 200 East Mountain Officer Jeff Groves presented the following report to the Authority for their review. On September 10, 1976 at 8:44 p.m., I assisted two other officers of the Police Department at Ace Liquors. The investigation led to the fact that three subjects involved in an accident at this same location had earlier purchased alcohol from Ace Liquors. None of the three subjects were 21 years old. -5- RECOMMENDATION: This marks the fourth incident that will have been brought to the Authority's attention within a period of six months. One of these four incidents was determined by the Authority not to be a violation. The other two were found as violations, with one of the two resulting in a suspension hearing. Both of these final incidents resulted in eventual letters of warning to the licensee. It is felt at this time that further action is again required. Therefore, the Police Department requests that a suspension hearing be held to determine whether or not the license of Ace Liquors should be suspended or revoked. After a brief discussion, Authority member Renz made a motion, seconded by Authority member Stoner to schedule a show/cause hearing on October 20, 1976. Consider an Alleged Violation on Election Day at King Soopers, 2325 South College Avenue, Letter of Reprimand Authorized Officer Jeff Groves presented the following report: On September 14, 1976, this officer received an anonymous call that King Soopers was selling 3.2% Beer in violation of the law on election day. I proceeded down to King Soopers where I did observe one male subject to purchase one six-pack of Coors beer in bottles during the restricted sales hours (7:00 a.m. to 7:00 p.m.). I contacted the subject as he exited from the checkout line, identified myself as a police - officer, explained the situation, and took the beer as evidence. The customer was reimbursed for his loss by King Soopers. RECOMMENDATION: .It is recommended that a written letter of warning be issued to the licensee. M Officer Groves stated he had talked with the store manager and was told that he could sell 3.2% beer. Authority member Bean made a motion, seconded by Authority member Renz to write a letter of warning to King Soopers. The Chairman put the motion which was unanimously adopted. Consider an Alleged Violation on Election Day at the Safeway Store, 101 West Prospect, Letter of Reprimand Authorized Officer Jeff Groves presented the following report to the Authority: On September 14, 1976, this officer stopped at the above establishment and found them to be in violation of City Ordinance #33-20 by furnishing their patrons with beer during the hours that the election polls were open. I observed one complete beer sale transaction and, after the subjects left the check-out line, confiscated evidence to this effect ...it being two six-packs of tall can Coors. The manager was then notified and asked to stop the sale of all beer until after 7:00 p.m. this date. RECOMMENDATION: It is recommended that a written letter of warning be issued to the licensee. Authority member Bean made a motion, seconded by Authority member Renz to write a letter of reprimand to the Safeway Store, 101 West Prospect. The Chairman put the motion which was unanimoully adopted. Consider an Alleged Violation on Election Day at Pizza Hut, 2631 South College Avenue, Letter of Reprimand Authorized Officer Jeff Groves presented the following report to the Authority: -7- L7 L.J On September 14, 1976, at approximately 6:00 p.m., this officer stopped at the above location and found the establishment furnishing 3.2% beer to its customers in violation of City Ordinance #33-20. I proceeded over to the customer with the beer and identified myself as a police officer and advised him of the situation, and took the beer and the glass as evidence. The manager was then notified. RECOMMENDATION: This constitutes the second violation in a period of five months regarding knowledge which should be basic to a liquor license holder and his employees. The knowledge being, when it is permissable to serve patrons and when it is not. It is recommended that a written letter of warning be issued to the licensee, with the additional understanding that any future violations will result in the request for a suspension hearing. The Authority also inquired into the past violation. Authority member Renz made a motion that a stern letter of reprimand be written and an indication that any future violations will result in a show/cause hearing before the Authority. The motion was seconded by Authority member Bean. Yeas: Authority members Bean, Renz and Seegmiller. Nays: Authority member Stoner. Report on State Rules and Regulations Meeting in Denver Chairman Charles Seegmiller stated that he had attended the meeting and the majority of the changes were insignificant at this point. He stated that it was pointed out to the State Liquor Authority that there had been given out information regarding the election day sales which resulted in violations of the City of Fort Collins Code and subsequently the letters of reprimand authorized at this meeting of the Authority. Report from Police Department 1) State Liquor Enforcement Officer Jim Barry has advised that he is requesting action against the Country Politan since they have not filed a change of ownership application to date. 2) Appointment set up to talk to the employees at Sportsman's Bar on Sept. 28, 1976 regarding checking ID's and a review of the liquor rules and regulations. 3) Incident at Pine Tavern which was not really a violation but looked very suspicious. (Bottles setting on bar after -8 0 closing time not a violation, observance of consumption after hours would be a violation.) 4) The Other Half was given permission to give away 3.2 beer by the State Liquor Authority on Saturday, Sept. 25th as a part of a promotional sale. 5) Officer Groves and Jim Barry are to be involved in a "Pig Roast or Pig -Nick" to be held this weekend within the City Limits and a report will be presented at the next meeting. The cost will be $2.50 per person for all you can eat and drink. 6. Catacombs refused admittance of two officers dressed in uniform wanting to make a bar check. The matter was resolved in a meeting in Chief Smith's office. Adjournment Authority member Stoner made a motion, seconded by Authority member Bean to adjourn. The Chairman put the motion which was unanimously adopted. The meeting adjourned at 9:00 p.m. Chairman ATTEST: Secretary