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HomeMy WebLinkAboutLiquor Licensing Authority - Minutes - 07/30/1975. fr LIQUOR LICENSING AUufoi(j ''r hily 30, 1975 Regular Meeting - 7:40 P.M. Carlos Seegmiller Edward Stoner Rudy Baldivia ,inda Renz Absent: James MacNair r;OVIDars present: Lieutenant P(,rnj,%u) am:t Lewis. Ai n: Assistant City Attorney Myatt. Minutes of July 2, 1975 regnilar meeting approved Authority member Linda Renz made a motion, �:co;idea by Rudy Raldivis, to a;hrc oe the minutes of July 2, 1975 as published. The Chairman put the ,n� ! :,-n l;rhicii was unanimously adopted. Application of Myrtle A i rl 1?u ir,1 Ni!illih:ill dba Riverside kwik Stop, 710 1.. 1igdjol.ia Street for a 3.2% Fermented Malt Beverage Lieoirse approved Chairman Seegmiller read the rules of procedure at length. City Clerk, Verna Lewis, stated this hearing was continued from the July 2, 1975 meeting, the boundaries are 2,000 feet :in each direction from the proposed outlet, there is one 3.2% outlet in the area, being Speedy Foods. Chairman Seegmiller stated the Authority had requested further evidence which would support the fact that the needs of the neighborhood are not being met. The Chairman next inquired if there was anyone who opposed this appli- cation. No opposition voiced. Mr. Richard J. Mulvihill was sworn by the court recorder and gave testi- mony relative to petitions circulated in the store, and in the boundary. Petitioner's exhibits 1 and 2, being petitions stating there was a definite need for a package 3.2% Beer License" for the Kwik Stop Store, were received by the Authority containing approximately 500 signatures. Mr. Mulvihill introduced Mr, Scott Taylor, w o circulated petitions in the store and Mr. Lester Feltch, who canvassed the neighborhood. Mr. Lester Feltch was sworn by the court recorder and gave testimony to the responses of area residents. Authority member Stoner made a motion, seconded by Rudy Baldivia, to approve the application for a 3.2% Fermented Malt Beverage License for Myrtle A. and Richard J. Mulvihill dba Riverside Kwik Stop, 710 East Magnolia Street. The Chairman put the motion which was unanimously adopted. Appplication for a Wine and Beer License by John Stephen Shephard dba The Green Turtle, 150 North College Avenue approved City Clerk, Verna Lewis, read the resolution and findings on this appli- cation at length. Authority member Baldivia made a motion, seconded by Linda Renz, 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 PRELIMIN- ARY HEARING ON A LIQUOR LICENSE APPLICATION WHEREAS, heretofore, John Stephen Shepard, doing business as the Green Turtle Cafe, made application to the Liquor Licensing Authority for a beer and wine liquor license; and WHEREAS, the Liquor Licensing Authority has received reports concerning such applications, and has held a prelim- inary 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 determin- ations concerning this application, subject to the right of L] 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 30th day of July, 1975: 1. That the subject premises are proper premises under the ordinances of the Cii. c, 'ort Collins and the laws of the State of Colorado to �)c 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: bordered on the South by Mulberry Street, on the West by Meldrum Street, on the North by Maple Street and on the East by Riverside Avenue and Jefferson. 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. 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 30, 1975. Passed and adopted at a regular meeting of the Liquor Licensing Authority held this 30th day of July, 1975. -3- Chairman ATTEST: LZZ �� City Clerk 4.4 Chairman Seegmiller inquired if there was any opposition to this application. An unidentified individual raised his hand and was advised by the Chairman he would be heard. Applicant Dr. John Stephen Shephard, 601 Gregory Road, was sworn by the Court Recorder and gave testimony regarding his personal background and the food service. He proposes to continue to serve good food, with a good glass of wine and a good glass of beer. Petitioner's Exhibit 1, being the floor plan, was admitted into evidence and the Authority reviewed the new fire door installation proposal. Petitioner's Exhibit 2 was admitted by the Authority; being petitions con- taining approximately 1,100 signatures in support of the application. At this time, the person raising the original objection to this application, came forward and was recognized by the Authority. ;dr. Dick Stancel, 905 West Mountain, stated he had not understood what kind of license had been applied for. (Mr. Stancel is also a partner in The Brothers Restaurant, presently holding a Hotel -Restaurant Liquor License.) Upon hearing that this is an application for a Beer and Wine License, Mr. Stancel stated he would have no objections. Mr. Wnald Capoferi, Host, was sworn by the Court Recorder and clarified the affidavit by stating he had obtained all of the signatures on the petition within the boundary as designated by the Authority. City Attorney Myatt inquired if Mr. Capoferi could state the number or percentage of people who refused to sign the petitions. Mr. Capoferi stated there were a very few people who did not wish to sign, perhaps 20 people. Ns. Mary Storer, Petition Circulator, was sworn by the Court Recorder and gave testimony to the petitions she had circulated. Mr. Stevan Van Lear, Petition Circulator, was sworn by the Court Recorder and gave testimony as to the number of signatures he had obtained on the petitions he had circulated. Mr. Van Lear stated he is the manager of the restaurant and had canvassed door-to-door to get a feel of the area. Chairman Seegmiller inquired if Mr. Van Lear had experience in the manage- ment of a Beer and Wine License establishment. Mr. Van Lear responded that he had not. -4- Authority member Renz inquired if all the waitresses were 21 years of age and if they would be responsible for checking the I.D.'s of those they served. Ms. Christine Head, Petition Circulator, was next sworn by the Court Recorder and gave testimony to the petitions she had circulated. City Attorney Myatt inquired if Mr. Van Lear had had an interview with the Police Department, as Manager of the Restaurant. Mr. Shepard stated it had been his understanding, that as sole owner, he would be responsible for the license and for the manager. City Attorney Myatt clarified that the manager must also be investigated and interviewed under the provisions of the City Ordinance. Board member Stoner made a motion, seconded by Linda Renz, to approve the application for a Beer and Wine License for The Green Turtle, contingent upon a negative Police report on the Manager, Mr. Van Lear. The Chairman put the motion which was unanimously adopted. Findings from preliminary hearing on a Hotel Restaurant Liquor License with extended hours for Ram Pub Corporation of Colorado dba Chesterfield, Bottomsley and Potts, 1415 West Elizabeth approved City Clerk, Verna Lewis, summarized the following resolution for the Authority. Authority member Renz made a motion seconded by Rudy Baldivia 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 PRELIMIN- ARY HEARING ON A LIQUOR LICENSE APPLICATION WHEREAS, heretofore, Ram Pub Corporation of Colorado, doing business as (liesterfield, Bottemsley f, Pott's, made application to the Liquor Licensing; Authority for a beer, wine and liquor license with extended hours (Hotel, Restaurant); and WHEREAS, the Liquor Licensing Authority has received reports concerning such applications, 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 Tllli CITY OF FORT COLLINS, that the Authority hereby 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 30th day of ,July, 1975: -5- 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: the City of Fort Collins. 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 Cicy Clerk to accomplish 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 July 30, 1975. Passed and adopted at a regular meeting of the Liquor Licensing Authority held this 30th day of July, 1975. Chairman ATTEST: City Clerk Mr. Eric Philp, manager for Ram Rib Corporation of Colorado, presented the following exhibits which were received by the Authority as evidence For the application: I. Exhibit 1 Menu 2. Exhibit 2 Menu 3. Iixhibit 3 Petitions containing approximately 550 signatures. 4. Exhibit 4 A map of the area showing the location of the outlet and areas within a half mile, mile, mile and one-half and two mile radius which do not contain a similiar outlet. S. Exhibit 5 Exhibits 5 and 6, pictures depicting the interior of the restaurant. Philp gave further testimony as to the method of checking identification, the ages of the personnel and previous Police assistance to the establishment. Mr. Philp testified as to the petitions he had circulated. City Attorney Myatt inquired if the petition circulators had received negative feedback on the petitions from the 18 or. 19 year olds? Mr. Philp responded that they had not. Mr Calvi;i Chandler, 10415 Brook Lane S.W., Tacoma, Washington, Secretarc of the Ram Corporation, was sworn by the Court Recorder and gave testimony on how the corporation would maintain almost daily contact with the local manager. Ms. Nancy Vande Yacht, Petition Circulator, was sworn by the Court Recorder, and gave testimony regarding the petitions she had circulated in support of this application. Chairman Seegmiller inquired again if there was any opposition to this application. No opposition voiced. Authority member Renz made a motion, seconded by Rudy Baldivia, to approve the application for a Hotel -Restaurant Liquor License, with extended hours, for Ram Pub Corporation of Colorado dba Chesterfield, Bottomsley and Po-1 The Chairman put the motion which was unanimously adopted. City Attorney Myatt advised the applicants that the resolution and smitten findings would be presented at the August 27, 1975, regular meeting. Boundaries established on an application for a Hotel -Restaurant Liquor License with extended hours for the Lift Ticket Lounge, 181 North College Avenue City Clerk, Verna Lewis, advised the Authority that this applicant currently holds a 3.2% Fermented Malt Beverage License. The recommendation of the administration on the boundaries for this application is as follows: Bordered on the south by Mulberry Street, on the west by Meldrum Street, on the north by Maple Street and on the east by Riverside Avenue and Jefferson S;treet.. 7 C:hainuuan Seegmiller inquired if the applicant, Mr. Albert Goodwin III had any boundary preference. Mr. Goodwin stated the boundaries as recommended were satisfactory. The Chairmai next inquired if there was anyone present who objected to the boundaries as recommended. No opposition voiced. Authority member Stoner stated a prior application, with similar boundaries, had not canvassed the residential area of the boundary. Mr. Goodwin stated that he did propose to canvass the entire area as he lived in the boundary and operated a business in the boundary. City Attorney Myatt stated the file contained a business lease showing the property is leased from Mary Alice Briggs by a general partnership of Goodwin and Ball. The City Clerk's office has contacted Attorney Ronald Strahle and informed him that the applicant is required to show that the applicant is entitled to possession of the premises, therefore, prior to the final hearing, Mr. Goodwin will have to provide proof that he is the applicant solely and individually, entitled to possession of the premises. Mr. Goodwin advised the Authority that this has been accomplished and a record will be provided to the City Clerk. Authority member Renz made a motion, seconded by Edward Stoner, to set the boundaries as recommended by the administration. The Chairman put the motion which was unanimously adopted. Special Events permit from Alonzo Martinez American Legion Post #187 for August 10, 1975 Approved City Clerk, Verna Lewis, advised the Authority that the Police report on this organization was negative. Mr. Jerry Sanchez, Commander of the American Legion Post #187, gave testi- mony indicating the Special Events permit would be used in conjunction with their annual golf tournament. This event is scheduled for August 10, 1975, for Beer, Rine, and Spiritous Liquors. Authority member Bladivia made a -motion, seconded by Linda Renz, to approve the Special Events permit for the Alonzo Martinez American Legion Post #187. The Chairman put the motion which was unanimously adopted. Renewal application for a 3.2% Eeniented Malt Beverage License for Ray's Little Super Market, 622 North College Avenue, Approved City Clerk, Verna Lewis, advised the Authority this is a routine renewal. The Police report on this renewal is negative. -8- 0 0 Authority member Renz made a motion, seconded by Ed Stoner, to approve the renewal application of Rays Little Super Market. The Chairman put the motion which was unanimously adopted. Application received and hearing dates established on an application for Hotel - Restaurant Liquor License, submitted by Armory Realty Company dba Old Post Office, 201 South College Avenue City Clerk, Verna Lewis, advised the Authority the two next regular meetings are scheduled for August 27, and September 24, 1975. Authority member Stoner made a motion, seconded by Linda Renz, to establish the preliminary hearing date as August 27, 1975, and the final hearing date as September 24, 1975, on an application from Armory Realty dba Old Post Office for a Hotel -Restaurant Liquor License. The Chairman put the motion which was unanimously adopted. Boundary established and hearing date set for a 3.2% Fermented Malt Beverage License submitted by McDonald's Poor Boy Sub, Inc. 708 South College Avenue Mr. McDonald, owner of the Poor Boy Sub stated they had not submitted their application until approximately 4:00 p.m. this afternoon. Mr. McDonald further advised the Authority that his son is the manager of the store in Fort Collins and they are just in the process of becoming incorporated; they had previously been associated with another individual and had owned two shops in Greeley and the one in Fort Collins. In the past 30 days they had dissolved the corporation, as such, Mr. McDonald's stock had been turned into the other individual, and in turn, had received the store in Fort Collins, free and clear. Mr. McDonald stated he had been advised by his legal counsel to submit the application in the name of his son. City Attorney Myatt advised Mr. McDonald that the license holder is the person who is entitled to the premises, if it is a corporation, the corporation is required to hold the title to the license and the applicationiisto come from the corporation. City Clerk, Verna Lewis, stated that if the Authority accepted the appli- cation, subject to the applicants providing a proper application form, the administration recommends a boundary of 2,000 feet in each direction from the subject's premises. Authority member Renz made a motion, seconded by Ed Stoner, to accept the application of McDonald's Poor Boy Sub, Inc., subject to the filing of a new application form, establishing the boundaries as 2,000 feet in each direction and the hearing date be August 27, 1975. The Chairman put the motion which was unanimously adopted. -9- Application for a 3.2% Fermented Malt Beverage License to Charles Misaio and Peter Sakala dba Pitzelle's, Ltd., 215 East Foothills Parkway approved City Clerk, Verna Lewis, read the resolution and findings. Authority member Baldivia made a motion, seconded by Ed Stoner, to adopt the resolution. The Chairman put the motion which was unanimously adopted RESOLUTION OF THE LIQUOR LICENSING AUTHORITY OF THE CITY OF FORT COLLINS CONCERNING AN APPLICATION FOR A CLASS C LICENSE TO SELL NON -INTOXICATING MALT LIQUOR AND SETTING FORTH THE FINDINGS OF THE LIQUOR LICENSING AUTHORITY ON SAID APPLICATION The application of Pitzelle's, Ltd., a Colorado corpora- tion for a Class C License for the sale of non -intoxicating malt liquor came on for hearing on July 2, 1975, 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 considered 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 loca- tiom at Foothills Fashion Mall, 215 Foothills Parkway, Suit 105, Fort Collins, Colorado, said site being occupied as a delicatessen and pizza parlor, the license being sought in connection with such business. -10- 2. The testimony and ' petitions presented by the appli- cant at the hearing were to the effect that the inhabitants of the neighborhood desire Chat the license be granted and the needs of the neighborhood require the granting of this license. No substantial testimony or petitions were------- .. pre- sented contrary to this postition of the applicant. 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 Pitzelle's, Ltd., a Colorado corporation for a Class C License for the sale of non -intoxicating malt liquor at Foothills Fashion Mall, 215 Foothills Parkway, Suite 105, 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 30th day of July A.D., 1975. ATTEST: Ch irman Cit Clerk -11- Discussion regarding Finger Printing by Colorado Bureau of Investigation City Attorney Myatt advised the Authority that there has been a Federal regulation prohibiting the release of information which previously the Police Department has been able to obtain regarding the background of applicants for various licenses. Short of obtaining a judicial fiat stating that this information can be obtained or legislation directing the Investigative Authorities to hand this information out, the Authority can no longer require it. Previously, the puroose of requiring the background information was that the liquor laws prohibited anyone who had been convicted of a felony within the last 15 years from holding a license; this law was changed last year in the State of Colorado. Lieutenant Perman of the Police Department advised the Authority that the Police Department has prepared a form letter which will be sent to the Chief of Police in each town, if the applicant has resided out of the City, requesting information. No further action was taken on this item. Motion reconsidered approving new corporate owners for Foothills Discount Liquor City Clerk, Verna Lewis, stated that in view of the previous discussion and due to the prior action of the Authority approving new partners for the Foothills Discount Liquor Store, the Authority should take other action. The approval had been contingent upon clearance from the CBI on Mr. and Mrs. Nix, Sr. ' Authority member Stoner made a motion, seconded by Rudy Baldivia, to modify the previous motion on this approval to state that the Authority will accept a negative report from the Denver Police Department in lieu of the negative report from the CBI. The Chairman put the motion which was unanimously adopted. Other Business Chairman Seegmiller advised the Authority that he and City Clerk, Verna Lewis, had been appointed to an Advisory Committee to study and make recommendations to the Interim Joint House -Senate Committee on Business Affairs and Labor who will conduct an interim study of the State Liquor and Beer laws with the goal of making recommendations to the Legislature in 1976, concerning modernization and recodification of those Statutes. The Chairman reviewed some of the already listed concerns and the Authority was requested to submit any recommendations to the City Clerk by August 6, 1975. -12- 0 Adjournment Authority member Stoner made a motion, seconded by Rudy BNILlivia, that the Authority adjourn. The Chairman put the motion which way wuinimously adopted. ATTEST: Secretary -13-