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HomeMy WebLinkAboutLiquor Licensing Authority - Minutes - 07/02/19750 LIQUOR LICENSING AUTHORITY July 2, 1975 Regular Meeting 7:30 P:M. Present: Rudy Baldivia James MacNair Linda Renz Carlos Seegmiller Ed Stoner Staff Members Present: Lt. Ferman and Verna Lewis Also: Assistant City Attorney Ramsey Myatt Minutes of Regular Meeting of June 4, 1975 and Special Meeting of June 20, 1975 approved Authority Member MacNair made a motion, seconded by Linda Renz to approve the minutes of the regular meeting of June 4, 1975 and the special meeting of June 20, 1975 as published. The Chairman put the motion which was unanimously adopted. Application for a 3.2% Fermented Malt Beverage License for Charles Miscio and Peter Sakala dba Pitzelle's Ltd., 215 East Foothills Parkway, approved Chairman Seegmiller read the Hearing Procedures at length. City Clerk, Verna Lewis, advised the Authority that at the preliminary hearing the boundary had been set as the Foothills Fashion Mall; the premises have been posted and the publication made. City Attorney Myatt inquired if the applicants were present, either in person or represented by Counsel. Attorney Harry McCabe stated he represented the applicants, a corporation owned by the individuals, both present. Mr. Charles Miscio, 2645 Avocet Road, Fort Collins, Manager and co-owner of Pitzelle's Ltd., Foothills Fashion Mall was sworn by the Court Recorder, gave testimony regarding his capacity in the business, personal background, and his interest in the corporation. Applicant's exhibit "C", floor plan, was identified by Mr. Miscio, offered and received as evidence by the Authority. Attorney McCabe stated a question that had been raised at the preliminary hearing was the filing of the 1974 corporate report with the Secretary of State, and whether or not this had now. been accomplished, Mr. Miscio stated that it had. 0 -2- Applicant's exhibits "D", "E", "F", and "G" were next reviewed by Mr. Miscio, which were petitions in support of the application, containing approximately 64 signatures. The above exhibits were received by the Authority. City Attorney Myatt inquired if there were those in the audience who opposed the petition. No opposition voiced. Mr. Peter Sakala, Route 3, Box 447, Loveland, Colorado, was then sworn by the Court Recorder and gave testimony of the other operation of Pitzelle's Ltd, on Oak Street and his involvement in the Foothills Mall Store. Upon conclusion of the hearing,Authority member MacNair made a motion seconded by Rudy Baldivia to approve the application for a 3.2% Fermented Malt Beverage License submitted by Charles Miscio and Peter Sakala dba Pitzelle's Ltd., 215 East Foothills Parkway. The Chairman put the motion which was unanimously adopted. City Attorney Myatt informed the applicants that the resolution approving this application would be approved at the next meeting, July 30, 1975. Application for a 3.2% Fermented Malt Beverage License for Myrtle A. and Richard J. Mulvihill dba Riverside Kwik Stop, 710 E. Magnolia, tabled Chairman Seegmiller inquired if the applicants were present or represented by Counsel? Myrtle A.Mulvihill applicant was sworn by the Court Recorder and gave testimony regarding the proposed outlet. City Attorney Myatt inquired into written resumes of the two applicants, Mr. and Mrs. Mulvihill. It was determined that Mrs. Mulvihill would work on the books a short period and Mr. Mulvihill would operate the business. Further a responsible person would be in charge when neither applicant was in attendance. City Attorney Myatt next inquired if the applicants had canvassed the neighborhood to determine what the needs of the neighborhood are in regards to this license. Mrs. Mulvihill stated they had not, and were unaware of any opposition to the granting of this license. City Attorney Myatt then inquired if the applicants had attempted to pass petitions in support of the application. Mrs.Mulvihill stated "no, we did not see any need for it." Attorney Myatt inquired if she were aware of the State Statutes which puts the burden on the applicant to prove that the needs of the neighborhood are not being met by the existing licensed outlets. Mrs. Mulvihill stated that she was not aware of this. City Attorney Myatt referred to CRS 1973, Section 12-46-105 of this provision. Authority member Stoner inquired first if the premises had been p6sted, it was determined that they had been, secondly if there were any opposition; none voiced and thirdly, his desire to have petitions in support of this application. Authority member Stoner made a motion seconded by James MacNair to table this hearing to July 30, 1975, at which time he would like to see petitions from the applicant. The Chairman put the motion which was unanimously adopted. Application for a Wine and Beer License by John Stephen Shepard dba Green Turtle Cafe, 150 North College Avenue, boundaries set City Clerk, Verna Lewis advised the Authority that the recommendation from the administration for the boundariesi.ssasffoliows; South from the subject premises to Mulberry Street, West from the subject premises to Howes Street, North from the subject premises to Maple Street and East from the subject premises to Jefferson and Riverside to the intersection with Mulberry Street. Authority members Stoner made a motion, seconded by James MacNair to establish the boundaries for:: the Green Turtle Cafe, beer and wine license application as South from the subject premises to Mulberry Street, West from the subject premises to Meldrum Street, North from the subject premises to Maple Street and East from the subject premises to Riverside to its intersection with Mulberry gtreet. The Chairman put the motion which was unanimously adopted. Application for a hotel -Restaurant Liquor License with extended hours by Ram Pub Corporation of Colorado dba Chesterfield, Bottomsley $ Potts, 1415 West Elizabeth, boundaries set City Clerk, Verna Lewis stated the recommedation from the administration of the neighborhood affected by the application are: North from the subject premises to Mulberry Street, West from the subject premises to Taft Hill Road, south from the subject premises to Prospect Street and East from the subject premises to College Avenue. Roger Juliana, one of the managers, stated the applicants would request the -City limits as the boundaries because the majority of (our) patrons represent a cross section of the City. City Attorney Myatt inquired if there were anyone in the audience for or against the boundaries as proposed by either the applicant or the administration. No opposition voiced. Authority member Stoner made a motion seconded by Rudy Baldivia to establish the City limits as the boundaries for Ram Pub Corporation dba Chesterfield Bottomsley & Potts, 1415 West Elizabeth Street. The Chairman put the motion which was unanimously adopted. 0 • -4- Transfer to a corporation, and consideration of qualifications for George Garcia and Sharon Garcia, Riverside Corporation dba Pit Stop Liquors, Inc., 315 Riverside, approved Attorney Shelley Don called Mr. George Garcia, to the stand. Mr. Garcia was sworn by the City Clerk, Verna Lewis. City Attorney, Myatt advised that the Trade name should be amended; present name, H $ M Liquors, trade name proposed, Pit Stop Liquors, Inc. Attorney Don stated the stock holders are Harold Chavez, already approved for a license and Mr. and Mrs. Garcia, the stock is divided equally between the three persons. Mr. Garcia, 7751 South Kit Carson Drive, Littleton, Colorado, gave testimony as to his involvement in the business, his current employment, and the financing involved in the proposed licensed outlet. City Attorney Myatt inquired into the application as related to entitlement or possession of the premises; Attorney Don clarified that the agreement for the property will be closed at the latter part of this month and the applicants will own the property. City Attorney Myatt stated there is a Trade Name affidavit that has not been received, but Attorney Don has provided the receipt. Authority member Baldivia made a motion seconded by Linda Renz to approve the qualifications for George Garcia and Sharon Garcia, transfer to a corporation and name change for Riverside Corporation dba Pit Stop Liquors, Inc., 315 Riverside Drive. The Chairman put the motion which was unanimously adopted. Consider qualifications of Harry M. Nix and Almarine N. Nix dba Foothills Discount Liquors, Inc., approved Jerry M. Nix, Secretary of Foothills Discount Liquors Inc., was sworn by City Clerk, Verna Lewis and gave testimony for the transfer of partial ownership of Foothills Discount Liquors, Inc., which was made necessary by unfortunate family problems developed by Tom Hays former stockholder and partner. Mr. Nix further advised the Authority that the proposed outlet is under construction and estimated time of completion is August 1, 1975. Letters of recommedation for the new officers have been filed along. with a corporate purchase agreement whereby Mr. Nix had purchased Mr. Hays' interest in the corporation for $10,000.00 Mr. g Mrs. Harry M. Nix were sworn by City Clerk, Verna Lewis and gave testimony as to their involvement in the operation of the proposed licensed premises. City Attorney, Myatt stated he had one comment which he wished to address to Lt. Perman as it appeared that the Police Department had not had sufficient time to make the CBI check on Mr. and Mrs. Nix. Lt. Ferman stated they had not had time to receive the checks back. -5- City Attorney Myatt stated that the rules provide that the applicant is advised to come in a minimum of 21 days prior to the hearing, the applicants had not done this, therefore, any findings that the Authority makes tonight, if they approve the transfer, should be conditioned upon receiving a negative police report on Mr. and Mrs. Nix. Authority member Stoner made a motion, seconded by Rudy Baldivia to approve the new stock holders in the Foothills Discount Liquors, Inc. subject to receiving a negative CBI report on Mr. and Mrs. Nix. The Chairman put the motion which was unanimously adopted. Application for a Hotel -Restaurant Liquor License submitted by Albert Edwin Goodwin dba Lift Ticket, 181 North College accepted and hearing dates scheduled Authority member Renz made a motion seconded by James--MacNair to accept the' application for a Hotel -Restaurant Liquor License submitted by Albert Edwin Goodwin dba Lift Ticket, 181 North College Avenue and set the preliminary hearing date for July 30, 1975 and the final hearing date as August 27, 1975. The Chairman put the motion which was unanimously adopted. Renewal application for a 3.2% Fermented Malt Beverage License by MIC Corporation dba Little Caesar's, 1301 West Elizabeth Street approved City Clerk, Verna Lewis advised the Authority that the Police Department report was negative. Authority member MacNair made a motion, seconded by Linda Renz to approve the application for renewal of a 3.2% Fermented Malt Beverage License for MIC Corporation dba Little Caesar's, 1301 West Elizabeth Street. The Chairman put the motion which was unanimously adopted. Renewal application for a 3.2% Fermented Malt Beverage License by Safeway Store, 425 South College Avenue, approved City Clerk, Verna Lewis advised the Authority that the Police Department report was negative. Authority member Renz made a motion, seconded by Rudy Baldivia to approve the application for renewal of a 3.2% Fermented Malt Beverage License for Safeway Stores, 425 South College Avenue. i WE Renewal application for a 3.2% Fermented Malt Beverage License by Safeway Stores, 105 West Prospect Street, approved City Clerk, Verna Lewis adicised the Authority that the Police Department report was negative. Authority member Stoner made a motion, seconded by James MacNair to approve the application for renewal of a 3.2% Fermented Malt Beverage License for Safeway Stores, 105 West Prospect Street. The Chairman put the motion which was unanimously adopted. Other Business City Clerk, Verna Lewis advised the Authority that there was an application for expansion from Horsetooth Lanes for a patio area. The Administration does not deem this a substantial expansion as proposed. City Attorney Myatt informed the Authority that if the expansion is sub- stantial, the applicants must go through the entire hearing process. Mr. Tom Bond, bar manager stated the expansion was for a patio on the outside of the building where they have already installed a "corral". This patio area would seat approximately 24 people and would be seasonal in use. Mr. Bond stated "detective Bean told me it was alright, he said that the City did not have any Ordinances at all, he said to go ahead and build it, and when I got it built I found out they had an ordinance so I had to submit it for your approval. --- he said there were no City ordinances at all and the only way I found there were was by talking to the State Liquor Inspector, Jim Barry and he told me I had to get this form approved by you." The Authority expressed concern for the method of checking I.D.19 in the patio area. City Attorney Myatt inquired if Mr. Bond had obtained a building permit before building the 'lcorr#l'!, Mr. Bond stated he had not. Attorney Myatt stated again, if the Authority approved this expansion, it should be conditioned upon an approval by the Building Inspection and Fire Departments., Authority member Stoner made a motion seconded by Linda Renz to approve the expansion subject to approval by the Building Inspection and Fire Departments. The Chairman put the motion which was unanimously adopted. Secretary's note --July 3, 1975 the Clerk's Office was advised by Dwight Lumbert of the Fire Department that Jim Campbell of Horsetooth Lanes wishes to withdraw this application and will submit a new expansion plan next spring. 0 _,_ Adjournment Authority member Renz made a motion, seconded by Rudy Baldivia to adjourn the meeting. The Chairman put the motin which was unanimously adopted. �.L jL Chairman ATTEST: an Secretary