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HomeMy WebLinkAboutLiquor Licensing Authority - Minutes - 11/07/1984LIQUOR LICENSING AUTHORITY REGULAR MEETING - NOVEMBER 7, 1984 7:30 P.M. A regular meeting of the Liquor Licensing Authority was held on Wednesday, November 7, 1984 in the Council Chambers of the City of Fort Collins Municipal Building. Roll call was answered by the following members: Acott, Bujack, Monaghan, Sheahan and Veazie. Authority Members Absent: Long and Wilson. Staff Members Present: Debbie Caster, City Clerk Paul Eckman, Assistant City Attorney Frank Russell, Police Department Authority member Veazie made a motion, seconded by Authority member Monaghan, to nominate Wally Bujack as Acting Chairman. Yeas: Acott, Bujack, Monaghan, Sheahan and Veazie. Nays: None. Minutes of the Regular Meeting of October 10, 1984, Approved as Published Authority member Monaghan made a motion, seconded by Authority member Acott, to approve the minutes of the regular meeting of October 10, 1984, as published. Yeas: Acott, Monaghan and Veazie. Nays: None. Abstain: Bujack and Sheahan. Renewal Application for Safeway, 2160 West Drake Road Authority member Monaghan made a motion, seconded by Authority member Acott, to approve the renewal for Safeway, 2160 West Drake Road. Yeas: Acott, Bujack, Monaghan, Sheahan and Veazie. Nays: None. Renewal Application for Gene's Tavern. 200 Walnut Authority member Monaghan made a motion, seconded by Authority member Acott, to approve the renewal for Gene's Tavern, 200 Walnut. Yeas: Acott, Bujack, Monaghan, Sheahan and Veazie. Nays: None. Show/Cause Hearing The Oasis, 816 East Mulberry Assistant City Attorney Paul Eckman briefed the Authority on the violation noting that on October 4, 1984, at approximately 11:10 p.m., an employee of The Oasis sold a six pack of 3.2% beer to a Police Cadet who is under 2 November 7, 1984 the age of 18 years. Paul indicated that the establishment has had no prior violations. He stated the Police Department is recommending a one -day suspension of the license. Mrs. Loren Collins, part owner, agreed to stipulate to the facts contained in the Police Report. Authority member Monaghan made a motion, seconded by Authority member Veazie, that a violation did occur on October 4, 1984, at The Oasis, 816 East Mulberry. Yeas: Acott, Bujack, Monaghan, Sheahan and Veazie. Nays: None. Mrs. Collins, upon being sworn, also reviewed the facts. Mrs. Collins stated, in her opinion, that two crimes have been committed (i.e., the 17 year old cadet purchasing and the employee selling) and that two people should be punished. She stated her employee who sold the beer has no police record and will now have a misdemeanor on his record. Mrs. Collins stated she and her husband have corrected the problem. She stated they will terminate any employee who sells beer to a minor. Secondly, Mrs. Collins stated the next time a minor attempts to purchase beer they will make a citizen's arrest. Authority member Monaghan made a motion, seconded by Authority member Veazie, to suspend the license for one day to be served on a business day within the next 30 days, at the convenience of the owner and that the premises be posted. Yeas: Acott, Bujack, Monaghan, Sheahan and Veazie. Nays: None. Show/Cause Hearing Country Store, 1331 West Elizabeth Assistant City Attorney Paul Eckman stated that the licensee could not be present due to a conflict. The licensee did not want to request a continuance and submitted a statement from his employee who sold the beer. Paul stated the licensee is willing to stipulate to the facts. Authority member Acott made a motion, seconded by Authority member Veazie, to table the hearing to December 5, 1984. Yeas: Acott, Bujack, Monaghan, Sheahan and Veazie. Nays: None. Show/Cause Hearing Safeway, 2160 West Drake Road Assistant City Attorney Paul Eckman briefed the Authority on the violation, noting that on October 4, 1984, at approximately 10:25 p.m., an employee of Safeway sold beer to a police scout under the age of 18 years. Paul indicated that the establishment has had no prior violations. He stated the Police Department is recommending a one -day suspension of the license. 3 November 7, 1984 Mr. Henry Cominiello, District Manager, was sworn and stated they stipulate to the facts. Authority member Monaghan made a motion, seconded by Authority member Veazie, that a violation did occur on October 4, 1984, at Safeway, 2160 West Drake. Yeas: Acott, Bujack, Monaghan, Sheahan and Veazie. Nays: None. Mr. Cominiello was sworn and spoke of the store's policies and procedures with respect to beer sales. In addition, he spoke of some new procedures that will be implemented. He stated the employee who sold the beer was suspended for 3 days and will be terminated if she sells to another minor. Mr. Burt Pedie, manager of the store, was sworn and stated the Police Department has helped point out a weakness. He also stated they are taking steps to correct the situation. Authority member Monaghan made a motion, seconded by Authority member Veazie, to suspend the license for one day to be served on a business day, excluding Thanksgiving, within the next 30 days at the convenience of the owner, and that the premises be posted. Yeas: Acott, Bujack, Monaghan, Sheahan and Veazie. Nays: None. Show/Cause Hearing Fast Lane, 200 West Horsetooth Road Assistant City Attorney Paul Eckman briefed the Authority on the violation noting that on October 4, 1984, at approximately 10:48 pm, an employee of the Fast Lane sold 3.2% beer to a police cadet under the age of 18 years. Paul indicated that the establishment has had no prior violations. He stated the Police Department is recommending a one -day suspension of the license. Mr. John Duvall, attorney representing the applicant, stated the applicant is willing to stipulate to the facts. Authority member Monaghan made a motion, seconded by Authority member Veazie, that a violation did occur on October 4, 1984, at Fast Lane, 200 West Horsetooth Road. Yeas: Acott, Bujack, Monaghan, Sheahan and Veazie. Nays: None. Mr. Duvall stated this is the first violation for Fast Lane. He added that the owners have taken steps to see that violations do not occur again. Mr. Duvall admitted an additional violation which occurred that same evening. He stated the employee who sold the beer is under the age of 18 years. He noted that the law states that an employee under the age of 18 years can sell 3.2% beer provided someone of age is supervising that employee. Mr. Duvall stated the under -age employee was in the store alone that evening. It was noted that the Police Department was not aware of 4 November 7, 1984 this particular violation at the time but now that Officer Russell is aware of it, he does not plan to pursue the violation. Mr. Lyonel Cox, area manager, was sworn and spoke of the procedures implemented since the violation. Mr. Cox stated he has aranged for his employees to attend training classes on an on -going basis which are conducted by the Fort Collins Police Department. Authority member Veazie made a motion, seconded by Authority member Acott, to suspend the license for one day to be served on a business day, excluding Thanksgiving, within the next 30 days at the convenience of the owner, and that the premises be posted. Yeas: Acott, Bujack, Monaghan, Sheahan and Veazie. Nays: None. Show/Cause Hearing South College Liquors, 2724 South College Avenue Assistant City Attorney Paul Eckman briefed the Authority on the violation noting that on September 12, 1984, at approximately 2:43 p.m., the owner of South College Liquors sold liquor to a minor. He stated the Police Department is recommending a two-day suspension. Officer Jim Hawkins was sworn and stated he is employed by the Fort Colins Police Department. Officer Hawkins stated that on September 12, 1984, he was on patrol and noticed a blue station wagon with Nebraska license plates parked in front of South College Liquors. He stated he observed two individuals walking to the car that did not look 21 years of age. One of these individuals was carrying beer which was purchased at the store. He stated there were 2 other passengers and all of the individuals then left in the same car. Once he stopped the car, Officer Hawkins attempted to obtain ID's from each. Of the two indviduals leaving the store, one produced a valid driver's license, who was also identified as the driver and 19 years old. The other individual carrying the beer could not produce any identification showing age. It was later determined that all four individuals were under the age of 21 years. When Officer Hawkins questioned whether they were carded at the store, Mr. Haskins (one of the four individuals) replied no. Officer Hawkins had present, as evidence, the beer he confiscated from the minors. The next day, Officer Hawkins stated he contacted Michael O'Brien, owner of South College Liquors, who made the sale in question. In their conversation, Mr. O'Brien stated Mr. Haskins presented identification. Mr. Michael O'Brien, owner, was sworn and noted that he has passed Police spot compliance checks in the past. Mr. O'Brien stated he did obtain identification from Mr. Haskins, who purchased the beer. He noted that the identification was out of state and indicated the person was 21 years. Mr. O'Brien pointed out that the individual(s) may have hidden the ID from the officer because it was false. In closing, Mr. O'Brien stated he and his employees card for ID's because he has too much at stake to lose. 5 November 7, 1984 Authority member Veazie commended Officer Hawkins for confiscating the beer. In addition, Boardmember Veazie stated he questions whether the ID was valid or not. Authority member Veazie made a motion, seconded by Authority member Acott, to determine that no violation occurred. Yeas: Acott, Bujack, Sheahan and Veazie. Nays: Monaghan. Show/Cause Hearing Electric Stampede. 242 Linden Assistant City Attorney Paul Eckman read the regulations pertaining to the alleged violation. Paul briefed the Authority on the establishment's previous violations. It was noted the Police Department is recommending a 7-day suspension. Officer Sherri Wagner was sworn and stated she is a detective with the Fort Collins Police Department. Detective Wagner stated Officer Frank Russell requested that she attend the show at the Electric Stampede to look for liquor violations. Ms. Wagner stated she and Anne Fernan of the Zoning Department attended the show together. It was noted that Ms. Fernan had difficulty gaining access into the establishment and that she was refused to use the telephone when she tried to call for back-up assistance. Detective Wagner diagramed the premises of the Electric Stampede, pointing out where the dance floors were located and where she sat in order to observe the show. Detective Wagner went on to describe each of the male dancers. It was noted that one dancer was employed by the Electric Stampede rather than the Company hired to perform the show. It was noted that at all times Ms. Wagner was clearly able to see the performance. During the performance, Detective Wagner stated that female patrons would grab the dancers buttocks and place money down the briefs of the dancers, making contact with the genital area at times. Ms. Wagner also stated that she observed the dancers kissing or embracing the female patrons after receiving a tip. At one particular moment, Detective Wagner testified that while one dancer was on a table dancing, a female patron ran up behind him and pulled down his briefs, exposing his buttocks. During the grand finale, Detective Wagner stated all dancers were on the dance floor at the same time. In addition, she noted that some of the bartenders and owners removed their shirts and danced with the patrons. During the cross-examination by Tom Metcalf, Detective Wagner named the dancers who were fondled by female patrons. Ms. Anne Fernan was sworn and stated she is a Zoning Inspector for the City of Fort Collins. Ms. Fernan testified that she could clearly observe the show. Ms. Fernan also stated that she observed female patrons fondling the buttocks of the male dancers. Ms. Fernan stated female patrons would place money down the briefs of the dancers. While doing so, she stated it appeared that there was contact to the genital area. Ms. 6 November 7, 1984 Fernan also testifed that the dancers would kiss and/or embrace the female patrons. During the grand finale, Ms. Fernan stated Denny Farnsworth removed his shirt and danced with the patrons along with other employees of the Electric Stampede. During the cross-examination, Ms. Fernan stated she was present as a representative from the City Zoning Department. Officer Frank Russell was sworn and stated he is an officer with the Fort Collins Police Department assigned as an investigator for liquor licenses. Officer Russell stated the Police Department feels there are no problems with male revue shows provided they comply with the liquor code. He spoke of various meetings he held with the management personnel of the Electric Stampede. It was noted that the management appeared cooperative. Attorney Tom Metcalf called Mr. Randy Brown to the stand who was sworn and stated he is employed by the Ladies Choice Entertainment Company out of Denver. He stated this company is a professional dance troupe. It was noted that 3 dancers from the Company were employed by the Electric Stampede on August 16, 1984. Mr. Brown went on to describe the costumes the dancers performed in that evening. Mr. Brown stated the dancers are very familiar with the guidelines and laws with respect to live entertainment. He went on to testify that there was no contact to anyone's genital area or buttocks. Mr. Brown stated at times the dancers will kiss the ladies when they receive a tip. Attorney Tom Metcalf called Mr. Tracy Cooper who was sworn and stated he is a bartender at the Electric Stampede and a student at CSU. Mr. Cooper explained that four dancers were supposed to perform and because the professional dancers were short one dancer, he volunteered to perform. He stated he performed approximately 7 minutes and at no time was fondled or pinched on the buttocks or genital area. Mr. Cooper stated he was made aware of the laws and guidelines prior to his performance. Mr. Metcalf called Ms. Susan Andrews to the stand, who was sworn and stated she was present at the Electric Stampede during the performance of the male revue. She stated she was able to clearly observe he performances and went on to say that she saw no one fondle or caress the dancers. Ms. Andrews stated she felt the performance was conducted in a proper manner. She added that the employees of the Stampede controlled the crowd. During the cross-examination, Ms. Andrews stated she had no opportunity to tip the dancers. Ms. Jan Caldwell was sworn and stated she was present at the Electric Stampede during the performance of the male revue. Ms. Caldwell stated she did not see any fondling or caressing occur between the female patrons and the dancers. Ms. Caldwell stated she feels the show was run in an orderly manner. She added that there was no opportunity for her to tip any of the dancers. During cross-examination, Ms. Caldwell explained that the majority of tipping occurred around the dance floor. Ms. Caldwell stated she 7 November 7, 1984 observed kissing and embracing between the dancers and the patrons. Ms. Colleen Callen was sworn and stated she was present at the Electric Stampede on August 16 during the male revue show. She stated she was able to clearly observe the performances and went on to say that she did not observe anyone fondle or caress the dancers. Ms. Callen stated she felt the show was respectable and orderly. During cross-examination, Ms. Callen stated she was not able to get to the dancers to tip any of them. Ms. Kim Jordanger was sworn and stated she was present at the male revue show at the Electric Stampede. Ms. Jordanger stated she did not observe any fondling of the genitals or buttocks of the dancers by female patrons. She stated she felt the show was run very orderly and that nothing out of line occurred during the show. During cross-examination, Ms. Jordanger stated she danced with the black dancer and handed him his tip. She stated she observed some women tipping the dancers in the front of their briefs but added that nothing "tacky" happened. Mr. Metcalf had the remainder of his witnesses sworn in as a group, all of which were present at the Electric Stampede during the male revue performances, and agreed that the show was run in a decent and orderly manner. The group also testified that they observed no fondling of the buttocks or genital area of the dancers. Mr. Richard White, previously sworn, stated he is the owner of the Electric Stampede. Mr. White stated he was the Master of Ceremonies for the male revue the night of August 16, 1984. He stated prior to the show, he met with the dancers to brief them on the rules, costumes and content of the show. Mr. White testified that at the beginning of the show he told the patrons that they are not allowed to touch the performers. He added that he did not observe anyone fondle, caress, or pinch any of the dancers. Mr. White explained that they obtained their witnesses from employees and from employee's friends who are regular customers of the Stampede that were present on the 16th. Mr. White stated he feels extra precautions were taken in order to avoid any problems or violations occuring during the show. As an example, he pointed out that the costumes the dancers wore included brief -type swim wear as opposed to G-strings or T-bars. During cross-examination, Mr. White stated that no one pulled down the briefs of one of the dancers. He also denied pulling any patron away from the dancer. Mr. Denton Farnsworth, part-time employee of the Electric Stampede, was previously sworn and stated he was involved with the supervision of the show. Mr. Farnsworth spoke of the meetings held with the City. Mr. Farnsworth pointed out that these meetings were held at his request in order to make sure they complied with the liquor laws. He went on to testify that he observed no one touching the dancers and stated he feels the show was run according to the law. Mr. Farnsworth also stated he did not observe anyone pull down the briefs of any dancers. During the grand finale, Mr. Farnsworth stated a female patron removed his shirt. He 8 November 7, 1984 admitted to dancing with female patrons during the finale. Mr. Farnsworth stated, in his opinion, he did not feel it was indecent to remove his shirt. Attorney Tom Metcalf called Ms. Cathy Callaway to the stand. It was noted that Ms. Callaway was previously sworn. She stated she is a part-time employee of the Electric Stampede and that she was working the evening of the 16th. Ms. Callaway testified that she did not observe anyone fondle or caress the dancers. She added that she felt the show was fairly quiet compared others she has seen. She stated the show was very clean and not offensive. Assistant City Attorney Paul Eckman recalled Officer Sherri Wagner to the stand. Officer Wagner testified once again that she observed a female patron pull down the briefs of one of the dancers, which exposed his buttocks to the crowd. At that time, she stated Mr. Richard White ran over to the female patron and removed her arm from the dancer and requested another employee to remove her from the dance floor area. Assistant City Attorney Paul Eckman presented his closing statements to the Authority, followed by Mr. Tom Metcalf. Authority member Monaghan stated, in his opinion, that any touching which may have occurred was not condoned or encouraged by the owner of the Electric Stampede. Authority member Veazie stated he agrees with member Monaghan's comments and added that he feels no violation has occurred based on the testimony given. Authority member Acott disagreed. She stated she feels a situation of this type (male revue) is set up for violations to occur too easily. In addition, she pointed out that the Police Officer went to the performance with intentions of looking for violations, whereas, the other patrons were not specifically looking for liquor law violations. Ms. Acott stated she feels a violation did occur. Authority member Sheahan stated he feels the defense for the Electric Stampede was strong. He added that he feels the patrons would have observed any violation had it occurred. Authority member Monaghan made a motion, seconded by Authority member Veazie, to determine that no violation occurred at the Electric Stampede 9 November 7, 1984 on August 16, 1984. Yeas: Bujack, Monaghan, Sheahan and Veazie. Nays: Acott. Special Events Permit Liquor Women's Guild of Fort Collins Symphony - January 26, 1985 Ms. Louise Holtz, events manager, explained that the Fort Collins Symphony Guild will be holdng their annual fund raiser on January 26, 1985 at the CSU Lory Student Center. She stated there will be a cash bar with professional bartenders attending. Ms. Holtz added that there will be no changes from last year's event. Authority member Monaghan made a motion, seconded by Authority member Veazie, to approve the special events license for the Women's Guild of the Fort Collins Symphony on January 26, 1985 from 6:30 p.m. to 1 a.m. (January 27). Yeas: Acott Bujack, Monaghan, Sheahan and Veazie. Nays: None. Transfer of Ownership Saddle Up Liquors. 1015 South Taft Hill Road Mr. Craig Rose, owner, stated he has applied to transfer the license from his name to a corporate name. He stated there will be no changes in the operation of the liquor store. Authority member Monaghan made a motion, seconded by Authority member Sheahan, to approve the transfer of ownership for Saddle Up Liquors, 1015 South Taft Hill Road. Yeas: Acott, Bujack, Monaghan, Sheahan and Veazie. Transfer of Ownership Wine and Liquor Specials, 2439 S. College Avenue C-4 Mr. Wagis Shuwiehat stated he and his wife are transferring ownership of the retail liquor store. He stated he will maintain the current manager and some additional employees. Mr. Shuweihat stated he is in the process of learning the liquor laws. Authority member Veazie made a motion, seconded by Authority member Acott, to approve the transfer of ownership for Wine and Liquor Specials 2439 South College Avenue C-4. Yeas: Acott, Bujack, Monaghan, Sheahan and Veazie. Nays: None. New Application for a Hotel -Restaurant License The Great American Rib Co., 4010 South College Avenue Authority member Monaghan made a motion, seconded by Authority member Veazie, to accept the new application and set the preliminary hearing for December 5, 1984, and the final hearing for January 2, 1985. Yeas: Acott, Bujack, Monaghan, Sheahan, and Veazie. Nays: None. 10 November 7, 1984 New Application for a Hotel -Restaurant License Mr. Steak, 2712 South College Avenue Authority member Veazie made a motion, seconded by Authority member Acott, to accept the new application and set the preliminary hearing for December 5, 1984, and the final hearing for January 2, 1985. Yeas: Acott, Bujack, Monaghan, Sheahan, and Veazie. Nays: None. Final Hearing and Final Resolution for a Hotel -Restaurant License for Cafe Francais, No. 11 Old Town Square Suite 100 Mr. Steve Tinkler, attorney representing the applicant, called Ms. Jana Davis to the stand. Ms. Jana Davis, legal assistant, was sworn and stated she was responsible for coordinating the petitions for Cafe Francais and Nicky's. Ms. Davis described the areas of town where the petitioning was conducted. Applicant's Exhibit 1 was submitted and identified as several packets of petitions circulated on behalf of the application for Cafe Francais. Ms. Davis stated out of 362 total people contacted, 325 people signed in favor of the license. She stated the 37 people who did not sign refused for several reasons, ranging from religious reasons to objecting to signing petitions. Mr. Jim Reidhead was sworn and stated he is the Renovation Construction Manager for Old Town Associates, as well as a resident of the neighbor- hood. Mr. Reidhead stated he feels the needs of the existing neighborhood are not currently being met. Mr. Reidhead described the location of Cafe Francais. He stated there is an outdoor patio to the south of the building. Mr. Reidhead stated the patio will be surrounded by a 30" high iron fence to be accommodated with landscaping. It was noted that the fence is permanent. He stated patrons will have to enter and exit the patio through the restaurant itself. It was noted that the proposed plan was reviewed by Police Chief Bruce Glasscock and received no negative responses. Mr. Reidhead addressed the concerns the Authority has with outdoor patios. Mr. Tinkler noted that an addendum to the lease has been submitted which includes the patio area as part of the leased property. Mr. Tinkler also noted that the application was originally submitted showing two other French citizens. He stated an amended application has been submitted showing just Nicole Cochard and Daniele Bernoux as sole stockholders. In closing, Mr. Tinkler added that the license will be provided as a means to compliment the menu. He then spoke briefly of the menu. Authority member Monaghan made a motion, seconded by Authority member Veazie, to approve the Hotel -Restaurant license for Cafe Francais, No. 11 Old Town Square, Suite 100. Yeas: Acott, Bujack, Monaghan, Sheahan, and Veazie. Nays: None. 11 November 7, 1984 Authority member Veazie made a motion, seconded by Authority member Acott, to approve the Final Resolution as presented. Yeas: Acott, Bujack, Monaghan, Sheahan, and Veazie. Nays: None. Final Hearing and Final Resolution for a Hotel -Restaurant License for Nicky's. No. 21 Old Town Square. Suite 100 Mr. Tim Dow, attorney representing the applicant, called Ms. Jana Davis to the stand. Ms. Jana Davis, legal assistant, previously sworn and stated she was responsible for coordinating the petitioning process for the Nicky's liquor license application. Ms. Davis briefly described the petitioning process. Applicant's Exhibit 1 was submitted and identified as petitions circulated on behalf of the application. She stated that out of 547 total people contacted, 505 people signed in favor of the application. Out of the 42 people who refused to sign, it was noted that 17 refused to sign due to religious reasons and 25 refused to sign because they do not sign petitions. Mr. Jim Reidhead, previously sworn and stated he is employed by E.E. Mitchell as Rehabilitation Construction Manager, as well as a resident of the neighborhood area. Applicant's Exhibit 2 was submitted and identified as an information brochure containing pictures of the proposed restaurant and patio area. In reference to the patio, Mr. Reidhead explained the fire department regulations. Next, he explained that the patio areas for Nicky's will be surrounded by bollards, which are similar to fence posts which can be removed for emergency vehicles. Mr. Reidhead stated the Police Chief has given his approval of the patio area. He assured the Authority that the licensee will take full responsibility to control the premises, as well as enforce the liquor laws. Applicant's Exhibit 3 was submitted and identified as an artist's rendering of the bollards and chains that will designate the patio area. In response to a question by the Authority, Mr. Reidhead stated the bollards will be 30 inches high with planters and landscaping provided in between each bollard. He added that no one can enter or exit the patio area unless they go through the restaurant itself. Authority member Monaghan stated, in his opinion, the patio is not acceptable because it provides no physical distinction between the fenced patio and the plaza area of the mall. Mr. Reidhead explained in more detail the type of landscaping that will be provided. He also spoke of the Downtown Development Authority's involvement in the Old Town redevelopment. In addition, Mr. Reidhead stated he feels the needs in the neighborhood are not currently being met. Mr. Tim Dow addressed the Authority's concerns with the patio. He stated 12 November 7, 1984 that if the proposal is totally unacceptable, they could redesign the patio area. Authority member Monaghan suggested that the Authority approve the license but hold approval of the patio in abeyance until all concerns are met. He stated any action would not have to be treated as an expansion of premises. Authority member Acott stated she feels the proposal is acceptable, noting that all responsibilities lie upon the license holder. Authority member Monaghan stated his concern with the patio being separate and distinct from the plaza area. He stated he does not feel the bollards and planters are sufficient enough to separate the two. Mr. Dow addressed egress and ingress, noting that it will be controlled through the restaurant. He spoke of the Old Chicago patio area and fence to compare the two. Applicant's Exhibit 4 was submitted and identified as the patio area of Old Chicago. Mr. Dow pointed out that the patio for Nicky's is more distinctly separated and controlled than Old Chicago. Mr. Gene Mitchell was sworn and spoke briefly of the overall design and intent of the pedestrian plaza. Applicant's Exhibit 5 was submitted and identified as the addendum to the lease which includes the patio as part of the leased premises. Mr. Mitchell assured the Authority that they are concerned with the delineation of the patio and the plaza. In addition, he addressed the patio area of Old Chicago Restaurant. Mr. Mitchell requested that the Authority conditionally approve the patio for six months and that after that time if the patio is not acceptable to the board it will be changed. In closing, Mr. Mitchell stated, as a resident of the area, that he feels the license is needed because the needs of the neighborhood are not currently being met. Mr. Nick Kane was sworn and stated he is the owner of the restaurant. Mr. Kane stated he is familiar with the liquor laws. It was noted that Mr. Kane owns two other restaurants. Mr. Kane spoke of the atmosphere of his Old Town location and of the items on his menu. He stated the liquor license is provided to compliment the food items. It was also noted that Mr. Kane has had no liquor law violations at his other location in Fort Collins. Authority member Acott make a motion, seconded by Authority member Monaghan, to approve the license for the entire leased premises at Nicky's, No. 21 Old Town Square, Suite 100. Yeas: Acott, Bujack, Monaghan, and Sheahan. Nays: Veazie. Authority member Monaghan stated he is willing to grant Mr. Mitchell's request and approve the patio on a trial basis. Authority member Veazie stated he is in favor of approving the license but n L� not the patio area. its approval. 13 November 7, 1984 He stated he would prefer to see the patio prior to Authority member Acott made a motion, seconded by Authority member Monaghan, to approve the Final Resolution as presented. Yeas: Acott, Bujack, Monaghan, Sheahan, and Veazie. Nays: None. Final Hearing and Final Resolution for a Tavern License for Gadsby's, 115 East Harmony Road Mrs. Linda Gadsby, owner, was sworn and stated they currently hold a Hotel -Restaurant license. She explained that they are switching to a Tavern license because they are not able to meet the 25% food requirement. Applicant's Exhibit 1 was submitted and identified as petitions circulated on behalf of the license. She stated she personally circulated the petition and obtained a total of 131 signatures. Mrs. Gadsby noted that the majority of the people contacted were in favor of the license. It was noted that there will be no changes in operations. She noted that there will be a slight change in the menu. Mrs. Gadsby stated she feels there is a need in the area for them to remain a licensed establishment. Authority member Monaghan made a motion, seconded by Authority member Veazie, to approve the Tavern license for Gadsby's, 115 East Harmony Road. Yeas: Acott, Bujack, Monaghan, Sheahan, and Veazie. Nays: None. Authority member Acott made a motion, seconded by Authority member Veazie, to approve the Final Resolution as presented. Yeas: Acott, Bujack, Monaghan, Sheahan, and Veazie. Nays: None. Police Report Officer Frank Russell explained to the Authority that every year several licensed establishments fail to report any changes in corporate structure. He stated that these changes are caught by the City at the time a renewal is filed. Officer Russell stated that, currently, there are 3 establishments who have been contacted and have still failed to file any paperwork in a timely manner. They are: Sea Galley, Nicky's and ShowBiz Pizza. Officer Russell asked the Authority to direct the City Attorney's Office to write a letter to the above listed establishments requesting that they appear before the Authority to explain their delays in filing. He stated he does not want to hold show/cause hearings at this time unless the establishments continue not to comply. Mr. Tim Dow, attorney representing Nicky's, stated he has been contacted by the City Clerk's Office and apologized for not yet filing the necessary paperwork. He stated he will comply by filing the appropriate papers prior to the December 5 hearing. The Authority requested that the City Attorney's Office send letters to 14 November 7, 1984 Sea Galley and ShowBiz Pizza Place. Officer Russell spoke of an incident regarding an intoxicated person at the Electric Stampede. He noted that he sent a letter of concern to the owners regarding the issue. Officer Russell stated on October 23, 1984, there was a male revue at the Fort Ram in which Detective Sherri Wagner attended and observed some liquor law violations. He stated he was originally intending to schedule a show/cause hearing but is now withdrawing the item for consideration. Adjournment Authority member Monaghan made a motion, seconded by Authority member Acott, to adjourn. The Acting Chairperson put the motion which was unanimously adopted. The meeting was adjourned at approximately 1:05 a.m. Secretary