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HomeMy WebLinkAboutLiquor Licensing Authority - Minutes - 02/12/1975LIQUOR LICENSING AUTHORITY February 12, 1975 Regular Meeting 7:30 P.M. Present: Rudy Baldivia James MacNair Donald Robothxn Carlos Seegmiller Absent: Elton Collins Staff: Bean and Lewis Also: City Attorney Myatt Minutes Amended and Approved The Chairman, Donald Robotham, stated that the minutes of the Special Meeting on January 8, 1975 needed to be corrected to say the projected population of Fort Collins in 1974 to be 58,000 not 87,000 as the minutes reflect. Authority member Carlos Seegmiller made a motion seconded by James MacNair to correct the minutes of the Special Meeting on January 8, 1975 and to approve the minutes of January 15, 1975 as published. The Chairman put the motion which was unanimously adopted. Preliminary hearing on a Beer and Wine License application submitted by Susan Zdenek, John Ray and Carol Ray dba Crepe Place, 149 West Oak The Chairman inquired if the applicant or his counsel were present. Mr. David Osborn attorney was present and stated he represented the applicant. Mr. Osborn requested that this matter be tabled to the next meeting because the applicant needed some additional time to get the application in order. Mr. Harry McCabe, attorney representing Mr. Pete Sakala an opponent to this application was also present. Mr. McCabe stated that he did have information to be presented and asked the proper time to submit his information. The City Attorney advised Mr. McCabe that at the preliminary hearing the boundaries of the area to be served would be established. If Mr. McCabe had objections to the area to be served he should voice those objections then; if he had other objections those should be presented at the final hearing. Authority member MacNair made a motion seconded by Rudy Baldivia to table the preliminary hearing to March 12, 1975. The Chairman put the motion which was unanimously adopted. -1- M 4D Authority member MacNair made a motion, seconded by Baldivia to approve the application for a 3.2% Fermented Malt Beverage License submitted by Safeway Stores, Inc. dba Safeway, 106 East Foothills Parkway. The Chairman put the motion with the following vote: Yeas: Baldivia, MacNair and Robotham. Nays: Seegmiller. In compliance with Mr. Moyle's request, the Resolution granting the license was read at length by the City Clerk, Verna Lewis. RESOLUTION OF THE LIQUOR LICENSING AUTHORITY OF THE CITY OF FORT COLLINS CONCERNING AN APPLICATION FOR A CLASS B LICENSE TO SELL NON -INTOXICATING MALT LIQUOR AND SETTING FORTH THE FINDINGS OF THE LIQUOR LICENSING AUTHORITY ON SAID APPLICATION The application of Safeway Stores, Incorporated, d/b/a Safeway for a Class B License for the sale of non -intoxicating malt liquor came on for hearing on February 12, 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- tion at 106 East Foothills Parkway, Fort Collins, Colorado, said site being occupied as a retail food store, the license being sought in connection with such business. 2. The testimony and petitions presented by the appli- cant at the hearing were to the effect that the inhabitants of the neighborhood desire that the license be granted and the needs of the neighborhood require the granting of this license. No testimony or petitions were pre- sented contrary to this postition of the applicant. -3- 3. The building in which the license is to be operated is not now constructed; and no license should issue until the construction is completed in accordance with the plans and specifications submitted by the applicant and the require- ments of the Building Inspector made in conformity with the Ordinances of the City of Fort Collins. 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 Safeway Stores, Incorporated, d/b/a Safeway for a Class B License for the sale of non -intoxicating malt liquor at 106 East Foothills Parkway, Fort Collins, Colorado be and the same is hereby granted. 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. -4- passed and adopted at a regular meeting of the Liquor Licensing Authority of the City of Fort Collins, Colorado, held this 12th day of February A.D., 1975. &el -X ai man w ATTEST: City c' er The City Attorney asked that a correction in paragraph number 2, next to the last line to delete the word "substantial" be made. Authority member MacNair made a motion to make the correction outlined by the City Attorney and then to adopt the Resolution, seconded by Rudy Baldivia. The Chairman put the motion with the following vote: Yeas: Baldivia, MacNair and Robotham. Nays: Seegmiller. Application accepted from Gerald and Virgil Barton dba Happy Joe's Pizza and Ice Cream Parlor, 111 West Monroe Drive and boundaries established, hearing date set Attorney David Wood, representing the applicant, stated there was no particular recommendation as to the boundaries. Authority manber MacNair made a.motion seconded by Rudy Baldivia that the boundaries be established in accordance with the; ordinances, 2000 feet in each direction. The Chairman put the motion,which was unanimously'adopted. Authority maTber Seegmiller made a motion seconded by Japes MacNair that the hearing be scheduled for MarclY 12, 1975. Thd Chaiamin put the motion which was unanimously adopted. r Transfer of ownership of Bel Air Inc. dba Rams Inn to Gary McGill and Stanley Miles, The CaTpagnie Ltd., 1220 West Elizabeth approved Mr. Larry Duncan, an Employee of the Ccmpagnie spoke to the operation and the type of establishment proposed. Mr. Duncan also submitted to the Authority a copy of the lease giving possession of the premises to the applicant. After being duly sworn by City Clerk, Verna Lewis, W.Ron Clark, the manager Of the proposed operation spoke to his experience in this kind of business and his proposed training operations, and the overall type of proposed operation. -5- 40 City Attorney Myatt called Mr. Larry Duncan's attention to the fact that the application did not show a trade name to the business. Mr. Duncan advised the Authority that the trade name was to be Pogo's and he then amended the application to state the same. Mr. Duncan also submitted a copy of the lease giving possession of the premises. Authority member Seegmiller made a motion seconded by Rudy Baldivia to approve the transfer of ownership from Bel Air Inc. dba Rams Inn to Gary McGill and Stanley Miles, The Canpagnie Ltd dba Pogo's, 1220 west Elizabeth. The Chairman put the motion which was unanimously adopted. New application accepted from Pamela Suppes dba Pizza Inn, southwest corner of Harvard Road and College Avenue, boundaries established and hearing date set at March 12, 1975 The Authority accepted the application for a 3.2% Fermented Malt Beverage License by Pamela Suppes dba Pizza Inn. Authority member Seegmiller made a motion, seconded by James MacNair to set the boundaries of the area to be served in accordance with the City Code of Ordinances, 2000 feet in each direction, and set hearing on such applica- tion for the next regularly scheduled meeting of the Authority on March 12, 1975. The Chairman put the motion which was unanimously adopted. Special Events Permit approved for Student Social work Association of Colorado State University The Authority next considered a Special Events Permit submitted by the Student Social work Association of CSU to serve 3.2% Fermented Malt Beverage at a social function to be held in the Durrell Center on March 7, 1975 from 8:00 p.m, to 12:00 midnight. Stephanie Fisher spoke to the Authority regarding the Special Events Permit fund raising dance for the Student Social Work Association of CSU. City Attorney Myatt inquired if the CSU Police Department had been notified of the event; Authority manbex Carlos Seegmiller inquired as to how attendance would be controlled and the procedure for checking ID's. Miss Fisher stated that the CSU Police Department had been notified and she assured member Seegmiller that there would be scmeone to check the ID's of those in attendance. The event is to be called "Dance and Drown" and there is to be a cover charge to cover the cost of the beer. Mr. Myatt suggested that the president of the organization familiarize himself with the state rules regarding Special Events. Mrs. Lewis, the City Clerk, advised the Board that she had advised Miss Fisher that someone from the organization contact the City Attorney's office for guidance as to the procedures to be followed and requested Miss Fisher to attend tonight's meeting.(Secretary's Note: Miss Fisher came into the City Clerk's Office on Friday, February 14, 1975 and studied the regulations regarding Special Events.) Ulm ' N N Authority member Seegmiller made a motion seconded by James MacNair to approve the Special Events Permit for the Student Social Work Association of CSU. The Chairman put the motion which was unanimously adopted. Renewal of a 3.2% Fermented Malt Beverage License for Vernon Hackbarth dba Collindale Golf Course Concessionaire approved The City Clerk, Verna Lewis, advised the Authority that this was a routine renewal and that the Police Department report states in part "no violations for the above named establishment in the past year . . . no legal basis to reccnnend denial of this renewal application at the present time." Authority member MacNair made a motion seconded by Carlos Seegmiller to approve the renewal of a 3.2% Fermented Malt Beverage License for Vernon Hackbarth dba Collindale Golf Course Concessionaire. The Chairman put the motion which was unanimously adopted. Resolution setting forth findings of final hearing and granting license for a hotel - restaurant with extended hours for Joe Berry dba Charley O's City Clerk, Verna Lewis, summarized the Resolution for the Authority. Authority member Baldivia made a motion seconded by Carlos Seegmiller to adopt the Resolution as written approving the application for a Hotel - Restaurant liquor license with extended hours for Joe Berry dba Charley O's. 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 LICENSE (HOTEL, RESTAURANT) WITH EXTENDED HOURS The application of Joe Robert Berry, d/b/a Charley O's for a Beer, Wine and Liquor License (Hotel, Restaurant) with extended hours came on for hearing on the 15th day of January, 1975, in the Council Chambers, City Hall, Fort Collins, Colorado, pursuant to notice duly given as required by law. -7- 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 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 not now constructed; and no license should issue until the construction is completed in accordance with the plans -8- a and specifications submitted by the applicant and the require- ments 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 LICENSE (HOTEL, RESTAURANT) WITH EXTENDED HOURS BE IT RESOLVED by the Local Liquor Licensing Authority of the City of Fort Collins, Colorado that the application of Joe Robert Berry, d/b/a Charley O's for a Beer, Wine and Liquor License (Hotel, Restaurant) with extended hours be and the same hereby is granted in accordance with the findings of the Authority set forth above; and 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 12th day of February, A.D. 1975. L Chaff man ATTEST: -9- a 0 Discussion on attendance rules for Authority members The Chairman stated that this item had been discussed several times but no rules had ever been established. The following is a partial transcript of the discussion: ROBOTHAM: We have discussed this from time to time and we have had some attendance problems . . . LEWIS: We have not had a full board for several months. ROBOTMM: We have had just three and not even sure there would be three and there were not enough here for adequate discussion and differences of view points and I think one time I suggested that the members have to attend at least 75 percent of the meetings in order to remain on the Authority. That is just an arbitrary figure. MACNAIR: 75 percent out of the 12 month period. BALDIVIA: Relocating a business - and to me that is a priority. ROBOTHAM: What was that Rudy? BALDIVIA: Relocating a business is a priority. That is why I have not been in attendance the past meetings. SEBGMILLER: These last few months have been kind of tough, both Jim and Rudy have been wing businesses and . . . MYATT: Originally we had a real problem because two of the initial members just didn't attend, period. Those members are both gone now but they were the ones who spurred the initial thinking on this thing. ROBOTHAM: It seems to me in order to maintain any kind of consistency of thought in following the trend we are developing of the familiarity with the applications or problems, what not that if you don't attend at least 75 percent of the meetings you have lost the note of the thing and really can't be contributory. It isn't that much of a burden to ask of anybody if they are willing to serve in the first place. Three months does allow people sufficient time -- you are not always gone the third or fourth week, that is only twelve days out of the year. I'm asking for not twelve just nine. That is just a thought, if you do want to establish any attendance rules why that's . . . MACNAIR: I agree with you, having been one of the worst violators, I get everything out of the way and but what I'm wondering is if then a person could miss let's say January meeting, a February meeting, a March meeting and by that time they are replaced which means you have lost an awful lot of continuity. My understanding was, I don't know where I got this, that you couldn't miss three successive meetings. -10- • LEWIS: There have never been any rules of attendance. ROBOTHAM: We have only been in existence for 17 or 18 months. SEEGMILLER: I guess I'm not very comfortable on the subject, after all, we are all adults and we have taken the ccn¢nitment because we want to do it and it sesns that if somebody is not here there is probably a good reason. I can't believe that someone wouldn't cane because he would rather watch TV or something --- if we found that to be the pattern they found something else to do that's -- the other thing -- couldn't we handle that just as well say with a resolution at the time it happened. MYATT: The City Clerk's Office usually takes a poll to see who is going to be there. RODOTHAM: Times the maTbers of the Authority have said yes to the poll and then did not show up. LEWIS: I think our office feels a great responsibility because we have given public notice in the paper telling people when the hearing is going to be, we have engaged a Court Recorder, the people cone from Denver from all you know wherever they are coming from and they have paid their fees that the State and City say they must. And then we get here and we don't have a quorum you . . . that has always been my feeling that we are not ROBOTH%M: They are entitled to more than just a quorLun, I think. LEWIS: I really feel that we kind of sit here with egg on our face. We are asking the applicant to do all of these things and . . . MYATT: Not only that but many times such as the Safeway applica- tion tonight where they gear it very very closely where it is literally going to mean thousands of dollars in lost revenue if they miss their hearing date and have to postpone it for 30 days. Periodically there are applications that are well in advance. Some of than have yet to be issued. So many of than wait until the last minute and have everything geared to the last minute rush to open. MACNAIR: Well I'm being one of the newer members I really don't know what has occurred in the past. In other words, do you have certain members that don't attend for 4 or 5 sessions in a row or they attend every other session or what kind of experience have you had? ROBOTHAM: Our first meeting was in September of 1973 though . . . ROBOTMM: Any proposals, one way or the other . . . MACNAIR: What is your recmimendation? -11- 0 ROBOTHAM: I think that my recommendation is that we establish minimum attendance rules that we attend 75 percent of the meetings in a given year, a calendar year. Obviously there is sane . . . BALDIVLA: That is still not going to guarantee that all 5 are going to be here though. ROBOTHAM: That is not going to guarantee that all 5 will be here but I think we the Board, the Council needs to find who feel they can commit that much time. Hopefully, we will have more meetings with 4 attending rather than three. What kind of attendance do you find on other Boards and Camdssions? LEWIS: Zoning Board of Appeals must have 4 people in order to have, conduct any business. MYATT: They meet in the morning, during the working day. LEWIS: Right at 9:15, and we usually have all the members there. Water Hoard has 10 members and we have to have 5 members to conduct business, and we usually have all 10 members and that meets in the afternoon. MYATT: The planning and Zoning Board is a night meeting on Monday and they usually have full attendance. It seems to me the members Of every Authority or Conanission or Board or whatever tends to gravitate towards one line or agreement or one line of thinking and they are going to act sometimes in a predictable manner as to when an application canes before the Authority and you know the determination or the outcane . . may be simply due to the fact that those there that are inclined along that way were present that night rather than getting as you say the full imput of the 5 member Board. That may be fortunate or unfortunate as to the outlook. SEEGMILLER: That's a good point I think. I think as a Board we eve full membership to the applicant. The thrust of your suggestion is that what that will do is in three months it will weed out the people who are not interested in ccming. ROBOTHAM: Yes, I guess I just didn't want to say it that way. Sometimes they are reluctant to say so. SEEGMILLER: I guess that is the kind of question before us. My feeling is that if somebody isn't interested he is just going to say so and leave but . . . ROBOTHAM: Members were officially appointed for varying terms, sane were one-year terms and I think one person there may have been absent 5 times out of the first year and the term expired and that was a graceful way to end it. LEWIS: Mr. MacNair your term goes to July 1, 1977; here we have the terms as they were sent to the Chairman on July 24, 1974: Rosemarie Fentress 7-1-75; Rudy Baldivia 7-1-76; the Chairman, Mr. Robotham 7-1-77; Sheila Hendrick 7-1-77. -12- L] a ROBOTHAM: Do you think we ought to require attendance? SEEGMILLER: I'm in favor of required attendance, I guess what we are really struggling with is has to get it and I guess I'm still not convinced that is going to be automatic we are going to require attendance just because you might be kicked off the Board if you don't cane 3 times. MYATT: You can make a recommendation to the City Clerk to bring to the City Council and through the City Manager I think it would be a time-consuming process. Can we make that sort of rule about ourselves, I mean can we say . . MYATT: No, you are Council appointed and you cannot remove one of your own members. SEBGMILLER: We can pass a Resolution tonight asking Mrs. Lewis to go to Council. MYATT: No, the rules and regulations which you have, you amend subject to the approval of the City Council so in fact what you are doing is you would be setting forth a new rule subject to the approval of the Council. MACNAIR: I'd like to make a motion to recc mend to Council . . . MYATT: Make a motion to add an additional rule to the existing rules of the Liquor Licensing Authority and have the City Clerk present it to the City Council for their approval or ... MACNAIR: I move that an additional rule be amended to the current rules of the Liquor Licensing Authority stating that any individual mamber of the Canmission who fails to attend 75 percent over a 12 month period be replaced. ROBOTHAM: To be replaced or recrnanended to Council for replacement. SEB2VIILLER: Well, either way, if the rule says they should be replaced then that is what should happen. MACNAIR: It would still go through Council. SFFT',MTT.T.F.R: Yes, they would be removed at that point then the Council would have to go through the process of re -appointing someone for the removed one. Is there a second? I'll second that. -13- ROBOTI]AM: The motion as you all will ranenber has been made and seconded all in favor: Macnair, Baldivia, Robotham. Those opposed: Seegmiller. Election of New Officers The Chairman, Don Robotham, stated a new Chairman needed to be elected and there had not been a vice-chairman elected previously. Authority member Seegmiller made a motion to nominate James MacNair as Chairman of the Authority. (Motion died for lack of a second.) Mr. MacNair asked if he could at this time decline the nanination due to business conflicts and he did not feel that he could give the proper attention required at the present. Authority member Seegmiller made a motion to elect a vice-chairman. No second. Authority member Baldivia made a motion, seconded by Donald Robotham to nominate Carlos Seegmiller to be the new Chairman. Yeas: Robotham, Baldivia, MacNair. Nays: Seegmiller. A motion was made to elect a vice-chairman by Carlos Seegmiller and seconded by James MacNair. Yeas: Robotham, Baldivia, MacNair, and Seegmiller. Nays: None. Authority member Robotham naninated James MacNair to be the vice-chairman, seconded by Rudy Baldivia. Yeas: Robotham, Baldivia, MacNair, and Seegmiller. Nays: None. Other Business City Attorney Ramsey Myatt advised the Authority of some legal deficiencies in regard to the show -cause letter to be delivered to the Catacombs. Mr. Myatt stated he checked also with the State Liquor Division and all were in agreement that for the present there should be no further action. Adjournment Authority member MacNair made a motion seconded by Donald Robotham to adjourn. The Chairman put the motion which �was unanimously adopted. Chairman Secre y -14-