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HomeMy WebLinkAboutLiquor Licensing Authority - Minutes - 12/18/1974as 00 LIQUOR LICENSING AUTHORITY December 18, 1974 Regular Meeting 7:30 P.M. Present: Elton Collins Donald Robotham Carlos Seegmiller Absent: Rudy Baldivia James MacNair Staff members present: Bean and Lewis Also Assistant City Attorney Ramsey Myatt Minutes of November 20, 1974 Regular Meeting, approved Authority member Collins made a motion to approve the minutes of the November 20, 1974 regular meeting as published, seconded by Carlos Seegmiller. The Chairman put the motion which was unanimously adopted. Boundaries Established for Joe Berry dba Charley 0's, for a Hotel -Restaurant Liquor License with Extended Hours, south of East Foothills Parkway on South College Avenue Chairman Robotham stated the agenda would be amended to allow the preliminary hearing on the above captioned application. Attorney Garth Rogers, representing the applicant was present. City Clerk, Verna Lewis stated the administration had a report and recommendation on a boundary for this area: The Administration recommends a boundary of north from the subject premises to Drake Road; south from the subject premises to the City Limits; east from the subject premises to Lemay Avenue; and west from the subject premises to Shields Street. There are four hotel -restaurant licensed premises in the above recommended boundaries, being: (1) Casa Godinez, 215 Foothills Parkway; (2) Tico's of Fort Collins, Lot 1, Drake Park, which has not opened yet; (3) the Moot House, 2626 South College Avenue; and (4) Horsetooth Lanes Tack Room, 217 West Horsetooth Road. There is one retail liquor store in said boundaries: South College Liquors, 2724 South College Avenue. 2 The established liquor outlets within a one mile radius of the proposed location are:(1) the above listed establishments; and (2) the Prime Minister and Ponderosa Liquors, both outside the City limits. Attorney Rogers stated he would reserve comment on the recommended boundaries til next month; he did not consider Tico's as an available outlet because it is not in business and not available. No interested parties in attendance to make comment on the boundaries. Chairman Robotham next inquired of Attorney Rogers if the boundaries recom- mended by the administration were acceptable to Mr. Rogers and his client. Mr. Rogers responded "yes". Authority member Seegmiller made a motion, seconded by Elton Collins to accept the recommendation of the administration for a boundary north from the premises to Drake Road, south from the premises to the City Limits, east from the premises to Lemay Avenue, and west from the premises to Shields Street. The Chairman put the motion which was unanimously adopted. The Chairman stated the final hearing will be January 15, 1975. Retail Liquor Store::License Application submitted by Harold Chavez dba H $ M Liquors, 315 Riverside Drive, aooroved Chairman Robotham read the rules of procedure at length after inquiring whether those scheduled for hearings were present or represented by Counsel, and ascertaining that there were Protestants to the application of Foothills Discount Liquors. City Clerk, Verna Lewis, next read the Resolution and Findings on the Preliminary hearing for H & M Liquors. Authority member Collins made a motion, seconded by Carlos Seegmiller to adopt the resolution setting forth the findings of the preliminary hearing on the retail liquor store license application submitted by Harold Chavez dba H & M Liquors, 315 Riverside Drive. The Chairman put the motion which was adopted unanimously. RESOLUTION OF THE LIQUOR LICENSING AUTHORITY OF FORT COLLINS SETTING FORTH FINDINGS ON A PRELIMIN— ARY HEARING ON A LIQUOR LICENSE APPLICATION WHEREAS, heretofore, Harold L. Chavez,_ doing business 3 as H & M Liquors, made application to the Liquor Licensing Authority for a retail liquor store 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 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 18th day of December, 1974: 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: City limits of the City of Fort Collins, Colorado. 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 4 4. That the applicant is qualified under the ordinances i 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 December 18, 1974. Passed and adopted at a regular meeting of the Liquor Licensing Authority held this 18th day of December, 19,74. airmdn ATTEST: Cilfy Clerk City Attorney Myatt stipulated for the record, that the notice has been published, the premises posted and that the file is complete and in proper form. Attorney Shelley Don, 1025 Capitol Life Center, Denver, Colorado, appearing for the applicant called Mr. Harold Chavez, 227 North Grant, Fort Collins, on his own behalf; Mr. Chavez was sworn by the Court Recorder and gave testimony to the conduct of the proposed retail liquor store and the financial arrangements for remodeling of the building. Applicants submitted Exhibit "A" which were plans for remodeling and Exhibit "B" petitions containing approximately 350 signatures in support of the application. City Attorney Myatt inquired into the circulators of the petitions and was advised they had been personally circulated by Mr. Chavez who had ascertained that the signers had personally signed in his presence and were 21 years of age. City Attorney Myatt inquired of Mr. Chavez if a license of the same type had not been issued for the same location; Mr. Chavez stipulated that the license was granted pending remodeling and was never issued and the time period in which the license was to have been activated had lapsed. a M 5 Chairman Kobotham inquired if there were opponents to the application, Attorney William Dressel stated he had represented opponents at the previous hearing; he was duly sworn by the Court recorder prior to gTo- ceeding and gave further testimony to his opposition to the traffic flow past the proposed location. The Chairman advised the Authority that they may make a decision at this timeor defer the matter for 3o days. Authority member Collins made a motion, seconded by Carlos Seegmiller to grant the license for a retail liquor store to Harold'M. Chavez dba H $ M Liquors, 315 Riverside Avenue, The Chairman put the motion which was unanimously adopted. City Attorney, Ramsey Myatt advised that written findings will be issued granting the license at the next meeting. The license will be approved but not issued until the remodeling is complete. Application for a Retail Liquor Store License for Foothills Discount Liquor Store, South Mason Street at Monroe Drive, taken under Advisement City Clerk, Verna Lewis, read the resolution and findings of the preliminary hearing at length. Authority member Seegmiller made a motion, seconded by Elton Collins to adopt the resolution setting forth the findings of the preliminary hearing regarding an application for a retail liquor store license for Foothills Discount Liquor Store, South Mason Street at Monroe Drive. The Chairman put the motion which was adopted unanimously. RESOLUTION OF THE LIQUOR LICENSING AUTHORITY OF FORT COLLINS SETTING FORTH FINDINGS ON A PRELIMIN- ARY HEARING ON A LIQUOR LICENSE APPLICATION WHEREAS, heretofore, Foothills Discount Liquors, Inc., doing business as Foothills Discount Liquors, made applica- tion to the Liquor Licensing Authority for a retail liquor store license; and a i 3 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 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 18th day of December, 1974: 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 Stuart Street; South from the subject premises to the city limits; east from the subject premises one and one-half miles; and West from the subject premises one and one-half miles. 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. • 0 Y] 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 December 18, 1974. Passed and adopted at a regular meeting of the Liquor Licensing Authority held this 18th day of December, 1974. ai man ATTEST: City Clerk Attorney David Wood, representing the applicants called as his first witness for the applicants Jerry Merlin Nix, 2025 North College Avenue, who. was duly sworn by the Court Recorder. Mr. Nix gave testimony to his background, the financial ability to construct the proposed building, an4,Otgin the inventory. to start the business. Mr. Nix furthex gave testimony to j1) appp licant' exhibit 'IV" the Planned UnitDevelop�peat, lli&iiY o atire 8 4, lslte �lan• '(2) applicant's' exhibit "U" proposed floor plan and arc hitects'rendering of the elevation of the building; (3) applicand., ems' it,' " architects rendering, picturing facility; (4) applicanRrs eihibitl"Ot' i►b�g a*' aW;i'aj.*'tptos of the site with photographs of what the proposed interior will -,look like. Attorney Wood offered the above exhibits "v", "U",` "S", and "D" into evidence of this time. Applicants exhibit 'IQ" being an aerial photo taken of the approximate neighborhood area by M $ 1'Engineering in 1969, with overlays for develop- ment in 1969 and development to 1974 and applicants ,exhibit "R" another aerial photo taken in June, 1974 were next testified to by Mr. Nix. Ap- plicant's exhibit "T" being a certificate from Hugh Weed, Jr,, Executive M Director of Department of Revenue was presented, being a certificate of license for South College Liquors, a liquor store in the neighborhood. Applicant's exhibit "P" being a population growth study was then presented. City Attorney Myatt stated the above exhibits "Q", "R" and "P" would be admitted as evidence. Lastly Mr. Nix gave testimony to his willingness to comply with Federal, State and City regulations in the conduct of this business if the license is approved, and responded to direct questions by Authority members. Attorney William Dressel representing the owner of South College Liquors as well as others who do serve the neighborhood,, r.c due to the requirements that he represent a party in interest he was representing Mr. Anderson. Chairman Robotham requested Attorney Dressel enumerate those others he represents. They are as follows: I. Jerry Anderson, South College Liquors 2. Fred Bachman, Ponderosa Liquors 3. W. Ferrell, Campus West Liquors 4. Darrell Blake, Johnny's Liquors S. Rod Lamb, South Taft Hill Liquors City Attorney Myatt stated for the record, of all the people enumerated only the South College Liquors is a party in interest as defined by State Statutes; Attorney Dressel concurred. Attorney Dressel proceeded to cross examine Mr. Nix regarding the lease agreement with the people who are going to purchase the property (Nordick Construction Company) and the financing available to the applicants. Attorney Wood voiced objections to the line of questioning. City Attorney Myatt stated the Authority is interested in the financing within limits. It was determined that proposed capitalization for the outlet is between $SS,000 and $75,000. Chairman Robotham declared a 10 minute recess; upon reconvening the hearing, Attorney Wood called Mr. Thomas Crawford Hayes, 308 East Swallow Road, Fort Collins, one of the principals of the application who was duly sworn by the Court Recorder. Mr. Hayes testified to his background, his role in the management of the proposed retail liquor store, his financial resources and the coordination of the circulators of petitions in support of this application. Applicant's exhibits "A" thru "N" inclusive were presented being petitions containing 1,396 signatures. go The next witness called by Attorney Wood and sworn by the Court Recorder was Mr. Scott Condreay, 300 Ruth, Fort Collins who gave testimony regarding the long term lease that would enable the construction of the building for the proposed retail outlet. Attorney Wood stated this concluded the presentation on behalf of the applicants, and made a blanket offer of applicants exhibits "A" through "V". Attorney William Dressel called Mr, Jerry L, Anderson, 1308 Constitution, Fort Collins, Owner of South College Liquors to the stand. Mr. Anderson was duly sworn by the Court Recorder and gave testimony to petitions circulated in the neighborhood in opposition to the application before the Authority. Protestant's exhibit "2" was presented containing 444 signatures in opposition. Protestant's exhibit "4" was a petition circulated amongst the businesses in the neighborhood. Exhibit "3" is a petition presented by the Protestants obtained from customers of South College Liquors, Ponderosa Liquors, Johnny's Liquors and Campus West Liquors. Protestant's exhibit "1" being a map of the neighborhood was presented. City Attorney Myatt requested that Mr. Anderson clarify that the petitions in opposition were obtained outside the boundary by other store owners. Attorney Wood examined Protestant's exhibit "3" and made inquiries of Mr. Anderson regarding the location of the petitions and where the signatures were obtained. Attorney Dressel next called Mr. Fred H. Bachman, doing business at 3836 South College, residing at 315 Park who was sworn by the Court Recorder and gave testimony to his business operation. City Attorney Myatt stated he did not believe Mr. Bachman's testimony would be admissable before the Authority because he is not a person in interest. Attorney Wood stated he would not object; the applicants would take the position that the testimony would be to weight rather than admissability. Wellington Ferrell Jr, 1716 Clearview Court, was sworn by the Court Recorder. Mr. Ferrell was called by Attorney Dressel and is the owner of Campus West Liquors. City Attorney Myatt inquired if Mr. Ferrell had a personal residence in the neighborhood under consideration. Mr. Ferrell stated that he was not a resident and his business wasl outside the area in question. Attorney Woodstated he had an objection to this witness as he does not have his place of business or residence in the neighborhood. City Attorney Myatt stated his ruling was that witnesses testimony will not be admissable because heisnot a party in interest; these are matters which can be taken under consideration by the Authority if they wish to hear testimony over his ruling the Authority may take a separate vote. • 0 to Attorney Wood stated he would be willing to stipulate on behalf of the applicant, that there are people in the neighborhoodKbD buy liquor in the Campus West Liquor Store, further that he is a licensee and has a store there, much as he would stipulate that people from the neighborhood buy at Harry Hoffman's in Denver and to that extent they serve the neighborhood. Authority member Seegmiller made a. motiom,secorided by Elton Collins to sustain the City Attorney's ruling and not hear the testimony of Mr. Ferrell. The Chairman put the motion which was unanimously adopted. Attorney Dressel next stated that he would like to call Mr. Rod Lamb to give testimony; City Attorney Myatt ruled again that this testimony not be heard. Attorney Dressel stated he also wished to have Mr. Blake from Johnny's Liquors to testify. Authority member Seegmiller made a motion, seconded by Elton Collins that the Authority sustain the ruling of the City Attorney and that the testimony of Mr. Blake of Johnny's Liquors regarding his location and petitions circulated in his Store not be heard. The Chairman put the motion which was unanimously adopted. Authority member Collins made a motion seconded by Carlos Seegmiller that the testimony of Mr. Lamb not be heard. The Chairman put the motion which was unanimously adopted. Attorney Dressel then called Mr. Blake to give testimony for purposes other than those objected to. The Authority recessed at 11:15 p.m. to allow the Court Recorder to obtain additional recording tape. Upon reconvening, City Attorney Myatt stated that during the recess he had conferred with the two attorneys the fact that the testimony of the witnesses that Mr. Dressel purposes would relate to the outlets in or near the boundaries as defined by the Authority and would relate only to the existence of such outlet and the fact that they do serve, to a degree, the needs of the neighborhood, and Mr. Dressel can call the witnesses for that limited purpose with the thought in mind that the Authority would weigh the testimony of these witnesses accordingly because the Supreme Court has said testimony from competitors is weighed differently from testimony from non -competitors. Attorney Dressel stated Mr. Ferrell and Mr. Lamb had departed, Mr. Blake was still in attendance and was sworn by the Court Recorder. Jerald W. Blake, owner of Johnny's Liquors gave testimony to his location and the canvassing of the neighborhood under consideration and the petitions opposing the application. The attorneys for the applicants and the opposition made their closing comments. r 11 Chairman Robotham stated the Authority could make a determination on this matter this evening or take the matter under advisement. Authority member Seegmiller made a motion seconded by Elton Collins to take this matter under advisement and render a decision in 30 days. The Chairman put the motion which was unanimously adopted. Application to Transfer Ownership of the Country Store, 830 South College Avenue from Lloyd Bickel to Richard Fitzgerald tabled City Attorney Myatt stated the application for transfer is complete except that the lease is between Richard Fitzgerald and his wife and.the,I Gartons. The application is in the name of Country Store, Inc. and there has to be continuity; he had talked to Mr. Fitzgerald and the assignment has been approved by the Gartons, but it had not been received by the City as yet and will be received by the City. The only thing to be considered by the Authority in the application for a transfer are the qualifications of the applicant. Mr. Fitzgerald will be in the City after the first of the year, therefore Mr. Myatt suggested that this item be tabled. Authority member Collins made a motion, seconded by Carlos Seegmiller to table any action on the transfer of+ownership application submitted by Richard Fitzgerald for the Country Store at 830 South College Avenue to the regular meeting of the Liquor Licensing Authority scheduled for January 15, 1975. The Chairman put the motion which was unanimously adopted. Renewal application for a Hotel -Restaurant Liquor License with Extended Hours for Jesse and Gillermo Godinez dba Casa Godinez, Site 15, Ft. Collins Foothills Fashion Mall, approved City Clerk, Verna Lewis stated this license had been issued in November. This is now a routine renewal and the police department report states in part, "can find no legal basis to recommend denial of this renewal application at the present time." Authority member Seegmiller made a motion, seconded by Elton Collins to approve the renewal application for Casa Godinez, Site 15, Ft. Collins Foothills Fashion Mall for a hotel -restaurant liquor license with extended hours. The Chairman put the motion which was unanimously adopted. Renewal application for a 3.2% Fermented Malt Beverage License application by 7-Eleven Store, 216 West Prospect Street, approved City Clerk, Verna Lewis stated this was a routine renewal and that the Police Department report states in part, "found no violations for the above named establishment in the past year. . .can find no legal basis to recom- mend denial of this renewa=l application at the present time,�� N • 12 Authority member Collins made a motion seconded by Carlos Seegmiller to approve the renewal application for a 3.2% Fermented Malt Beverage License for 7-Eleven Store, 216 West Prospect Street. The Chairman put the motion which was unanimously adopted. Renewal application for a 3.2% Fermented Malt Beverage License application by 7-Eleven Store, 1001 Lemay Avenue, approved City Clerk, Verna Lewis stated this was a routine renewal and that the Police Department report states in part, "found no violations for the above named establishment in the past year. . .can find no legal basis to recom- mend denial of this renewal application at the present time." Authority member Collins made a motion seconded by Carlos Seegmiller to approve the renewal application for a 3.2% Fermented Malt Beverage License for 7-Eleven Store, 1001 Lemay Avenue. The Chairman put the motion which was unanimously adopted. Other Business 1. City Clerk Verna Lewis provided a draft of the annual report listing the number of applications for licenses acted upon, the number of licenses granted and the number denied and other action taken by the Authority during the past year. The Authority determined that they will review the draft and be prepared to adopt a report at the January 15, 1975 regular meeting. 2. Mr. Frank Pino and Mr. Rueben Ramirez owners of F $ R Limited formerly Golden Ram appeared before the Authority regarding the following letter of reprimand. November 26, 1974 Messrs. Frank N. Pino and Ruben R. Ramirez F F, R, Ltd. 214 Linden Street Fort Collins, Colorado 80521 Gentlemen: The application for renewal of vo,ir hotel - restaurant and extended hours liquor license came before the Fort Collins Liquor Licensing Authority for review of November 20, 1974. At such time the Authority reviewed two reports involving incidents arising at your establishment during the past year. After reviewing these reports the Authority received recommendations from the Police Department which stated inter alia that further incidents of the type listed on the reports would be cause for hearing to revoke or suspend your license. The Authority requested our office bring these matters to your attention because of the serious nature of the possible consequences of the reoccurrence of such conduct upon your premises. w a 13 V ry truly yours, Ramsey D. b a t U Assistant C Attorney REM: jf cc: City Clerk Mr. Pino stated the Licensees had attempted to cooperate with the Police Department, had installed an alarm system and for the record wanted it known they were attempting to cooperate with the Police Department in these matters. Chairman Robotham stated the prupose of the letter was to caution the Licensee that the Authority is aware that incidences happen and that it is up to the owners to operate their establishments in accordance with the rules and regulations. City Attorney Myatt stated other establishments had received such letters, because the incidences subject the owners to revocation or suspension of the license. No further action taken on this item. Adjournment Authority member Collins made a motion, seconded by Carlos Seegmill6r to adjourn. The Chairman put the motion which was adopted unanimously. Chairm n ATTEST:: Secretary