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HomeMy WebLinkAboutLiquor Licensing Authority - Minutes - 07/28/19760 ! July 28, 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, July 28, 1976, at 7:30 P.M. in the Council Chambers in the City of Fort Collins City Hall. Chairman Seegmiller called the meeting to order noting the following Authority members present: Dell Bean, Linda Renz and Carlos Seegmiller. Absent: James MacNair and Ed Stoner. Staff Members Present: Officer Jeff Groves, City Clerk Verna Lewis and Assistant City Attorney Lucia Liley. Also: Assistant City Attorney Myatt. Minutes of Regular Meeting of June 30, 1976 Approved as Amended Assistant City Attorney Myatt stated that on page 5, sixth para- graph, City Attorney March had requested a revision having to do with his ruling; to read, "that there was not a motion which was passed by the Authority." Authority member Renz made a motion, seconded by Authority member Bean that the minutes be approved as corrected. The Chairman put the motion which was unanimously adopted. • Transfer of Hotel -Restaurant Liquor License from Jesse and Gillermo Godinez dba Casa Godinez to Act I Ltd., Approved Attorney Garth Rogers,representing the applicants, called . William Bialek, one of the general partners and the manager, to the stand. Mr. Bialek was sworn by the Court Reporter and gave testimony regarding his background in the restaurant business and described the operation of the new establishment. Mr. Bialek also gave testimony regarding the seating capacity which will not change. Mr. Gerald Agiewich was then sworn by the Court Reporter and gave testimony regarding his background especially in the restaurant business. City Attorney Myatt advised the applicants that under the new legislation the City would require an affidavit indicating that at least 25% of the gross receipts will come from the sale of food. There had been some question as to whether this application was for extended hours, as an application could not be found in the file. Upon completion of the testimony, Authority member Renz made a motion, seconded by Authority member Bean to approve the transfer from Jesse and Gillermo Godinez dba Casa Godinez to Act I Ltd. The Chairman put the motion which was unanimously adopted. Final Hearing on a Hotel -Restaurant Liquor License with Extended Hours for Giuseppe's of Fort Collins ' Inc. dba GiuseDDe'S. 354 Walnut Street Chairman Seegmiller read the rules of procedure at length, then inquired if there were any protestants to the application, hearing none, he stated the hearing would proceed. City Clerk Verna Lewis read the resolution of the Preliminary Hearing into the record. Authority member Renz made a motion, seconded by Authority member Bean to adopt the resolution. The Chairman put the motion which was unanimously adopted. RESOLUTION OF THE LIQUOR LICENSING AUTHORITY OF FORT COLLINS SETTING FORTH FINDINGS ON A PRELIMI- NARY HEARING ON A LIQUOR LICENSE APPLICATION WHEREAS, heretofore, Giuseppe's of Fort Collins, Inc., doing business as Giuseppe's, made application to the Liquor Licensing Authority for a beer, wine and liquor license (Hotel, Restaurant) with extended hours; and -2- WHEREAS, the Liquor Licensing Authority has received reports concerning such applications, and has held a prelimi- nary 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 hereby makes the following preliminary findings and determina- tions 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 twenty-eighth day of July, 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:. North from the subject premises to City limits, South from the subject premises to Prospect Street, East to Riverside, thence North to Lemay Avenue and eventually to the City limits, and West 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 accomplish said notice prior to the hearing date. QcE 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 July 28, 1976. Passed and adopted at a regular meeting of the Liquor Licensing Authority held this 28th day of July, 1976. Chairman ATTEST- CIty Clerk ` Attorney Charles Bloom, representing the petitioners, stated that Giuseppe's of Fort Collins Inc. already holds a beer and wine license. There had been some confusion in thinking that the Licensing Authority and the City are one in the same, and therefore, Mr. McMahon had applied for a building permit and had completed remodeling, but had not sought permission of the Liquor Licensing Authority to make the modification. Mr. Bruce McMahon was sworn by the Court Reporter and gave testimony regarding the seating, stage area, and physical layout of the area as set out in applicant's exhibit "A". Mr. McMahon also spoke to the dinner theater setting and how it has evolved into a full time basis. Applicant's exhibit "B" being photographs of the area were received by the Authority. Mr. McMahon stated further that in remodeling he had reduced the seating capacity. Assistant City Attorney Myatt admitted exhibit "B" into evidence. Chairman Seegmiller stated he felt the Authority should make a determination regarding the expansion. Authority member Bean made a motion, seconded by Authority member Renz that the expansion be approved and not considered substantial. The Chairman put the motion which was unanimously adopted. -4- 0 Mr. McMahon background business. gave further testimony regarding his personal especially regarding his knowledge of restaurant Applicant's exhibits "C", "D", and "E" being petitions signed by residents in the neighborhood in support of the application were received by the Authority. Applicant's exhibit "G" being a petition circulated by Mr. McMahon to employees of business in the neighborhood in support of the applicants was received by the Authority. Applicant's exhibit "F" being a series of petitions signed in the establishment and witnessed by Mr. McMahon, Mrs. McMahon and Ms. Cochran, was marked for identification. There appears to be approximately 720 signatures in support of the application. Mrs. Eileen McMahon was sworn by the Court Reporter and gave testimony regarding her background in the business. Charlene Cochran, 300 E. Harmony Road, was sworn by the Court Reporter and gave testimony regarding her involvement in the business and her involvement regarding obtaining signatures on petitions (applicant's exhibit "F"). City Attorney Myatt admitted exhibit "F" into evidence. Robert Severe, 113k South Taft Hill Road, was sworn by the Court Reporter and gave testimony to the petition which had been circulated around town (applicant's exhibit "G") in support of the application. Ms. Dorothy Shela Jennings, 1101 West Oak, was sworn by the Court Reporter and gave testimony regarding the involvement of the Probe Theater Group and their involvement in the Dinner Theater and Giuseppe's. At the conclusion of the hearing Authority member Bean made a motion, seconded by Authority member Renz to approve the application for a Hotel -Restaurant Liquor License with Extended Hours for Giuseppe's of Fort Collins, Inc. The Chairman put the motion which was unanimously adopted. City Clerk Verna Lewis read the following resolution into the record: -5- ri FINDINGS AND RESOLUTION OF THE LOCAL LIQUOR LICENSING AUTHORITY OF THE CITY OF FORT COLLINS, COLORADO, CONCERNING AN APPLICATION FOR A BEER, WINE AND LIQUOR (HOTEL, RESTAURANT) LIQUOR LICENSE The application of Giuseppe's of Fort Collins, Inc., d/b/a Giuseppe's for a Beer, Wine and Liquor (Hotel, Restaur- ant) Liquor License with extended hours came on for hearing on the twenty-eighth day of July, 1976, in the Council Chambers, City Hall, Fort Collins, Colorado, pursuant to notice duly given as required by law. The authority, having heard the evidence introduced at the hearing, and having examined the documents introduced and having heretofore held a preliminary hearing and issued findings in writing on said preliminary hearing, now makes the following findings: 1. The neighborhood to be served under this applica- tion is as defined in the preliminary findings of the Authority. 2. Nothing contained in C.R.S., 1973, Section 12-47- 139 prohibits the issuing of a license at the proposed location. 3. The applicants are of good character and qualified under the Ordinances of the City of Fort Collins and the laws bf the State of Colorado for the license applied for. iris 4. The application is in proper form. 5. Petitions were presented and received at the hearing, indicating a need for the license applied for and no evidence was presented indicating that said need does not exist, and the local licensing authority hereby finds that the reasonable requirements of the neighborhood require the issuance of the license applied for. The Authority recognizes that other licenses exist in the neighborhood, but hereby finds that an additional need exists for the license applied for. A RESOLUTION OF THE LOCAL LIQUOR LICENSING AUTHORITY OF THE CITY OF FORT COLLINS, COLORADO, CONCERNING AN APPLICATION FOR A BEER, WINE AND LIQUOR (HOTEL, RESTAURANT) LIQUOR LICENSE BE IT RESOLVED by the Local Liquor Licensing Authority of the City of Fort Collins, Colorado that the application of Giuseppe's of Fort Collins, Inc., d/b/a Giuseppe's for a Beer, Wine and Liquor (Hotel, Restaurant) Liquor License with extended hours be and the same hereby is granted in accor- dance with the findings of the Authority set forth above. -7- Passed and adopted this 2$th.day of July, A.D. 1976. ATTEST: City Clerk Chairman Attorney Bloom requested that exhibit "B" being photographs of the interior of the restaurant be withdrawn. The Authority granted the request. Extended Hours Application for Act I Ltd. Site 15, 215 Foothills Parkway Approved Attorney Garth Rogers again appeared before the Authority and requested the Authority approve an extended hours license to Act I Ltd. Authority member Renz made a motion, seconded by Authority member Bean to approve the extended hours license to Act I ltd. subject to their filing the proper forms. 19:E The Chairman put the motion which was unanimously adopted. Transfer of 3.2% Fermented Malt Beverage License from Charles W. Day dba City Center Market to Victor Hayes Cooper dba Vic's Corner, 144 N. Howes Approved City Clerk Verna Lewis read at length the Police Department report which recommended approval. Mr. Cooper was then sworn by the City Clerk and gave testimony regarding his knowledge of the State and City Regulations regarding the 3.2% Beer Act and his proposed method of operating the carry -out business. Authority member Bean made a motion, seconded by Authority member Renz to approve the transfer. The Chairman put the motion which was unanimously adopted. Renewal for 3.2% Fermented Malt Beverage License for Safeway. 425 South College Avenue Approved City Clerk Verna Lewis advised the Authority that this was a routine renewal application and that there was a negative Police Department report. Authority member Renz made a motion, seconded by Authority member Bean to approve the renewal application for a 3.2% Fermented Malt Beverage license for Safeway, 425 South College Avenue. The Chairman put the motion which was unanimously adopted. Renewal for 3.2% Fermented Malt Beverage License for Safeway, 105 West Prospect Approved City Clerk Verna Lewis advised the Authority that this was a routine renewal application and that there was a negative Police Department report. Authority member Renz made a motion, seconded by Authority member Bean to approve the renewal application for a 3.2% Fermented Malt Beverage license for Safeway, 105 West Prospect. The Chairman put the motion which was unanimously adopted. Renewal for 3.2% Fermented Malt Beverage License for Ray's Little Super Market, 622 North College Avenue ADnroved City Clerk Verna Lewis advised the Authority that this was a routine renewal application and that there was a negative Police Department report. Authority member Renz made a motion, seconded by Authority member Bean to approve the renewal application for a 3.2% Fermented Malt Beverage license for Ray's Little Super Market, 622 North College Avenue. The Chairman put the motion which was unanimously adopted. Renewal for 3.2% Fermented Malt Beverage License for Round the Corner Restaurant, 1221 West Elizabeth Street Approved City Clerk Verna Lewis advised the Authority that this was a routine renewal application and that there was a negative Police Department report. Authority member Renz made a motion, seconded by Authority member Bean to approve the renewal application for a 3.2% Fermented Malt Beverage License for Round the Corner Restaurant, 1221 West Elizabeth Street. Resolution Adopted Granting a Hotel -Restaurant Liquor License to Colorado Fare, Inc. dba Centennial, 132 LaPorte Avenue City Clerk Verna Lewis stated the Authority had approved this application subject to a negative Police report. The recommendation is as follows: "This investigation having revealed nothing derogatory we would, therefore, recommend approval of this application." City Clerk Verna Lewis then read the resolution by title as the Authority had received copies with the agenda. Authority member Renz made a motion, seconded by Authority member Bean to adopt the resolution. The Chairman put the motion which was unanimously adopted. -10- • FINDINGS AND RESOLUTION OF THE LOCAL LIQUOR LICENSING AUTHORITY OF THE CITY OF FORT COLLINS, COLORADO, CONCERNING AN APPLICATION FOR A BEER, WINE AND LIQUOR (HOTEL, RESTAURANT) LIQUOR LICENSE The application of Colorado Fare, Inc., d/b/a Centennial for a Beer, Wine and Liquor (Hotel, Restaurant) Liquor License came on for hearing on the 30th day of June, 1976, in the Council Chambers, City Hall, Fort Collins, Colorado, pursuant to notice duly given as required by law. The authority, having heard the evidence introduced at the hearing, and having examined the documents introduced and having heretofore held a preliminary hearing and issued findings in writing on said preliminary hearing, now makes the following findings: 1. The neighborhood to be served under this application is as defined in the preliminary findings of the Authority. 2. Nothing contained in C.R.S., 1973, Section 12-47- 139 prohibits the issuing of a license at the proposed location. 3. The applicants are of good character and qualified under the Ordinances of the City of Fort Collins and the laws of the State of Colorado for the license applied for. 4. The application is in proper form. 5. Petitions were presented and received at the hearing, indicating a need for the license applied for and no evidence was presented indicating that said need does not exist, and -11- the local licensing authority hereby finds that the reason- able requirements of the neighborhood require the issuance of the license applied for. The Authority recognizes that other licenses exist in the neighborhood, but hereby finds that an additional need exists for the license applied for. 6. The building in which the license is to be operated is now constructed; however, the plans and specifications of the applicant show that the applicant proposes to improve said premises to accommodate the proposed licensed premises and no license should issue until the construction is completed in accordance with the plans and specifications submitted by the applicant and the requirements of the Building Inspector made in conformity with the Ordinances of the City of Fort Collins. RESOLUTION OF THE LOCAL LIQUOR LICENSING AUTHORITY OF THE CITY OF FORT COLLINS, COLORADO, CONCERNING AN APPLICATION FOR A BEER, WINE AND LIQUOR (HOTEL, RESTAURANT) LIQUOR LICENSE BE IT RESOLVED by the Local Liquor Licensing Authority of the City of Fort Collins, Colorado that the application of Colorado Fare, Inc., d/b/a Centennial for a Beer, Wine and Liquor (Hotel, Restaurant) Liquor License be and the same hereby is granted in accordance with the findings of the Authority set forth above; and -12- 0 BE.IT FURTHER RESOLVED that said license shall not issue until the construction of the licensed premises is completed in accordance with the plans and specifications submitted to the Authority and the requirements of the City Building Inspector, and the Authority has received a report from said Building Inspector that said improvements have been completed in accordance with said plans and specifica- tions and the requirements of the Building Inspector. Passed and adopted this 28th day of July, A.D. 1976. ATTEST 7Z� elf I City Clerk Proposed Changes to the Rules of Procedure Approved City Clerk Verna Lewis reviewed, the specifics of the following proposed resolution: -13- RESOLUTION OF THE COUNCIL OF THE CITY OF FORT COLLINS ADOPTING AMENDMENTS TO THE. RULESOFPROCEDURE OF THE LIQUOR LICENSING AUTHORITY WHEREAS, the State of Colorado has recently enacted laws changing the Colorado Beer Code and Colorado Liquor Code, and WHEREAS, the Liquor Licensing Authority has reviewed the proposed amendments to the rules of procedure set forth below and recommends adoption of such rules by the City Council in order to bring said rules of procedure relating to alcoholic beverages into harmony with State law, and WHEREAS, the City Council approves the proposed amendments to the rules of procedure governing the Liquor Licensing Authority. NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF FORT COLLINS that §33-30 , being a Rule of Procedure of the Liquor Licensing Authority of the City of Fort Collins be, and the same hereby is amended to read as follows: "§33-30. Applications, fees and hearings. B. At the time of submitting the application, the applicant shall pay an application fee of three hundred fifty dollars ($350.) to the city. Such fee shall be used to defray the expense incurred by the city for the review, investigation, supplies, publications and posting of premises, services of a reporter and the transcript of proceedings and all other services of personnel of the City of Fort Collins which pertain to the application. Such application fee shall apply only to applications for new licenses, to appli- cations for the transfer of location of an existing license and to applications for substantial enlargement, modification or expansion of licensed premises as defined in these rules." BE IT FURTHER RESOLVED that §33-39 , being a Rule of Procedure of the Liquor Licensing Authority of the City of Fort Collins be, and the same hereby is amended to read as follows: if §33-39 New licenses; policies and procedures. F. An application fee of three hundred fifty dollars ($350.) shall be submitted with the application. The fee shall be used to defray the expense incurred by the city for the review, investi- gation, supplies, publication and posting of premises, services of a reporter and the: transcript of proceedings and all other services of personnel of the city which pertain to the application." -14- BE IT FURTHER RESOLVED that §33-40 . being a Rule of Procedure of the Liquor Licensing Authority of the City of Fort Collins be, and the same hereby is amended to read as follows: " §33-40 . Change of ownership of licensed premises. H. A transfer fee of one hundred fifty dollars ($150.) shall be deposited with the application, the same to cover the work of investigation and review by the City Clerk and Police Department." BE IT FURTHER RESOLVED that §33-41 , being a Rule of Procedure of the Liquor Licensing Authority of the City of Fort Collins be, and the same hereby is amended to read as follows: " §33-41 . Transfers of location; expansions. B. The policies and procedures for such change of licensed premises shall be the same as those set forth in §33 -41 hereof, except information and investigation regarding the applicant shall not be required. The application fee of three hundred dollars ($350.) shall be charged; provided however, that in the case of an enlargement of the premises not exceeding twenty-five percent (25%) of the original licensed premises, the fee charged shall be one hundred fifty dollars ($150.) and publication and posting of the premises and services of a reporter at the hearing shall not be required, unless otherwise ordered by the Liquor Licensing Authority." Passed and adopted at a regular meeting of the City Council held this day of , A.D. 1976. ATTEST: City Clerk Mayor ,Is- 11 • Authority member Renz made a motion, seconded Bean that the proposed changes be presented to with a recommendation for approval. by Authority member the City Council The Chairman put the motion which was unanimously adopted. Consider Alleged Violation at The Brothers 249 South College Avenue City Clerk Verna Lewis read the following Police Department report into the record: "On July 21, 1976, the Police Department received a call that there was a subject within the bar that was intoxicated. Officer Jim Warren responded to the scene and there found a subject who was quite intoxicated and he wished to be taken to the police station. The subject could not speak clearly, could not sit on a bar stool without swaying, and could not walk without the aid of another person. Officer Warren also observed a fresh drink sitting in front of the subject when he first approached him. It is felt that this is in direct violation of the Colorado Liquor Code." Mr. Richard Stencel, owner, stated he felt they were being "unjustly charged" adding he did not feel it had been proven that the man was intoxicated. Officer Groves spoke to his observations of the named individual at the police station. Mr. Carl Bumbal, owner, addressed a previous letter sent to the establishment listing previous disturbances. City Attorney Myatt stated the ordinances of the City require any establishment to notify the Police if there is a disturbance. Authority member Renz made a motion, seconded by Authority member Bean that the City Attorney be directed to send a letter of reprimand to the owners of The Brothers Restaurant. The Chairman put the motion which was unanimously adopted. Police Department Report 1. The Department has issued a verbal warning to Gene's Tavern for an after hours violation by a janitor. 2. Butch Cassidy again appears to be in the process of changing hands. -16- 0 Adjournment Authority member Renz made a motion, seconded by Authority member Bean to adjourn. The Chairman put the motion which was unanimously adopted. ATTEST: City Clerk -17- rman