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HomeMy WebLinkAboutLiquor Licensing Authority - Minutes - 01/15/197517 so Present Absent LIQUOR LICENSING AUTHORITY January 15, 1975 Regular Meeting 7:30 P.M. Donald Robotham James MacNair Carlos Seegmiller Rudy Baldivia Elton Collins Staff Members Present: Smith, Bean, Whitesell and Lewis Also City Attorney Ramsey Myatt Minutes of Regular Meeting of December 18, 1974, approved Authority member Seegmiller made a motion seconded by James MacNair to approve the minutes from the regular meeting of December 18, 1974 as published. The Chairman put the motion which was unanimously adopted. HEARINGS The Chairman read at length the rules of procedure and next inquired if the applicants were present or represented by Counsel. It was determined that the applicant was present and represented by his attorney. The Chairman next called for any Protestants to the application; none were present. Resolution on the Findings of the Preliminary Hearing on a Hotel -Restaurant Liquor License with Extended Hours for Joe Berry dba Charley 0's, annroved City Clerk, Verna Lewis, read the resolution at length. Authority member Seegmiller made a motion seconded by James MacNair to approve the resolution setting forth the findings of the preliminary hearing on a hotel -restaurant liquor license with extended hours for Joe Berry dba Charley O's. The Chairman put the motion which was unanimously adopted. a RESOLUTION OF THE LIQUOR LICENSING AUTHORITY OF FORT COLLINS SETTING FORTH FINDINGS ON A PRELIMIN- ARY HEARING ON A LIQUOR LICENSE APPLICATION WHEREAS, heretofore, Joe Robert Berry, doing business as Charley O's, made application to the Liquor Licensing Authority for a beer, wine and liquor license (Hotel, Restaurant) with extended hours; 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 15th day of January, 1975: 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 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. 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 January 15, 1975. Passed and adopted at a regular meeting of the Liquor Licensing Authority held this 15th day of January, 1975. Chai3fman ATTEST: City Clefk N M Attorney Garth Rogers, called Mr. Joe Berry, #9 Fairway Lane, Littleton, Colorado, who was duly sworn by the Court Reporter. Mr. Berry gave testimony on the proposed operation and his previous experience. He presented ap- plicant's exhibit "A", the proposed luncheon menu and applicant's exhibit "B", the proposed dinner menu. Authority member Seegmiller inquired of Mr. Berry the type and avail- ability of financing for the proposed operation. He was assured by Mr. Berry that this was not a problem. The HCI Corporation would own the land and building and he would be leasing it from them. City Attorney Ramsey Myatt inquired if Mr. Berry had ever encountered any problems in his past experiences when he was a holder of a liquor license elsewhere in the State. Mr. Berry assured the Authority he had had no viola- tions in the past. Attorney Rogers next called Frank Striker, 1321 Elati, Denver, Colorado, who was duly sworn by the Court Reporter. Mr. Striker is associated with Market Services Associated. He presented applicant's exhibit "C", a petition containing approximately 174 signatures of business owners, managers or employees along College Avenue within the designated boundaries of the area to be served as set out at the preliminary hearing. Mr. Striker stated he had received no opposition in getting the signatures. Attorney Rogers next called Mr. William Speedy, 1734 B Spring Meadows Court, Fort Collins, who was duly sworn by, the Court Reporter. Mr. Speedy presented applicant's exhibits "D" and "E", petitions circulated to the in- habitants of the designated area as established at the preliminary hearing by the Authority. The petitions contained a total of 485 signatures. Mr. Speedy stated he had contacted approximately 600 people and of those he encountered about 15 who were opposed to the liquor license and about 100 who were opposed to signing petitions of any kind. Attorney Rogers called on Mr. Jerry Johnson, 1337 Parkwood, Fort Collins, an officer in HCI Corporation, owner of the property. After being duly sworn by the Court Reporter he was asked the criteria used when making the decision to lease property to Joe Berry. Mr. Johnson stated that he had checked into Mr. Berry's credit and banking records and studied his past business records. Authority member Seegmiller requested a detailed explanation of the lease. Attorney Rogers explained the contents of the lease to the Authority. Here ended the presentation of the applicant, Joe Berry dba Charley 0's for a hotel -restaurant liquor license with extended hours. City Attorney Ramsey Myatt next called for any protestants to the ap- plication. There were none. The Chairman, Don Robotham, next stated that the Authority having heard the testimony of the applicant and the fact that there was no opposition could either take the matter under advisement and render a decision in 30 days or make a determination now. In either case a decision in writing would be rendered at the next regular meeting. a a Authority member Seegmiller made a motion seconded by James MacNair to approve the application for a hotel -restaurant liquor license with extended hours for Joe Berry dba Charley O's. The Chairman put the motion which was unanimously adopted. New Application Received from Safeway Stores, Inc., Foothills Fashion Mall for a 3.2% Fermented Malt Beverage License, hearing date set, boundaries established City Attorney, Ramsey Myatt, stated he had been contacted by the ap- plicant's attorney and was advised that they did not have a strong preference as to the boundaries for the area to be served and requested to be excused from submitting three letters of reference on the Corporate officers since they hold many licenses throughout the State and two others in Fort Collins. Mr. Myatt stated he would allow this since the local manager has appeared in the Police Department for his interview and submitted his letters of reference. He also stated the file contains a map showing the outlets that are in existence within 2,000 feet. The application is in order. Authority member Seegmiller made a motion seconded by James MacNair that the boundaries for the Safeway Stores, Inc., be established as a 2,000 foot radius of the store in the Foothills Fashion Mall and the hearing date for February 12, 1975. The Chairman put the motion which was unanimously adopted. Wine and Beer license Application received from the Crepe Place, 149 West Oak Street, preliminary and Final Hearing Dates set The Chairman inquired if the applicant were present or represented by Counsel. Mr. John Ray, one of the partners was present. City Attorney, Myatt, advised the Authority that their concern at this meeting was to accept the application and to set the preliminary and final hearing dates. He also advised Mr. Ray of a couple of deficiencies in the application, specifically, the work record of Carol Ray and that three letters of reference were needed by each partner, and the character references must be listed separately. Mr. Myatt asked if the applicant had a preference as to the dates for the hearings; having none he suggested the preliminary date be February 12, 1975 and the final hearing date as March 12, 1975. Authority member Seegmiller made a motion, seconded by James MacNair to accept the beer and wine license application and set the preliminary hearing for February 12, 1975, and the final hearing on March 12, 1975 submitted by Susan Zdenek, John Ray and Carol Ray dba The Crepe Place, 149 West Oak. The Chairman put the motion which was unanimously adopted. so of Application for a Retail Liquor Store License by Rex Miller dba Tafthill Liquor 1029 South Taft Hill, tabled indefinitely City Attorney, Myatt, stated he had been in contact with the office of Tom Metcalf, Attorney for the applicant. He is advised that the applicant desires to have this application tabled at the present time for an indefinite period. Authority member MacNair made a motion, seconded by Carlos Seegmiller to table indefinitely the application for a retail liquor store license submitted by Rex Miller dba Tafthill Liquors, 1029 South Taft Hill. The Chairman put the motion which was unanimously adopted. Application for change of ownership of The Country Store, 830 South College Avenue from Lloyd Bickel to Gerald Fitzgerald, approved City Attorney, Ramsey Myatt told the Authority that the assignment of the lease had now been received and Mr. Fitzgerald has now moved to Fort Collins h and is a resident of the State of Colorado. Mr. Fitzgerald was sworn by the City Clerk, Verna Lewis, and gave a brief description of the type of operation involved at the Country Store. He was asked by the Authority regarding his past experience along these lines and if he had availed himself with the local rules and regulations regarding the sale of 3.2% Fermented Malt Beverage. City Attorney, Ramsey Myatt inquired of the representatives of the Police Department if this particular area had been an area of problems. Chief Smith replied that there had not been any problems relating to the sale of beer to his knowledge. Authority member MacNair made a motion, seconded by Carlos Seegmiller to approve the transfer of ownership application submitted by Gerald Fitzgerald dba The Country Store, Inc., 830 South College Avenue. The Chairman put the motion which was unanimously adopted. Application for Modification of Premises by JAKA Ltd., dba Sagebrush Restaurant, 934 Lemay, approved Mr. John Baas, Sr., President of JAKA, Ltd. explained in detail the proposed changes to the Authority. Authority member Seegmiller made a motion, seconded by James MacNair to approve the proposed plan for modification to add a small dance floor. The Chairman put the motion which was unanimously adopted. 1.7 N Resolution approving application for a Retail Liquor Store License by Harold Chavez dba H $ M Liquors, 315 Riverside, adopted City Clerk, Verna Lewis, read the resolution at length. Authority member MacNair made a motion, seconded by Carlos Seegmiller to adopt the resolution approving the application for a retail liquor store license by Harold Chavez dba H & M Liquors, 315 Riverside. The Chairman put the motion which was unanimously adopted. FINDINGS AND RESOLUTION OF THE LOCAL LIQUOR LICENSING AUTHORITY OF THE CITY OF FORT COLLINS, COLORADO, CONCERNING AN APPLICATION FOR A RETAIL LIQUOR STORE LICENSE The application of Harold L. Chavez, d/b/a H & M Liquors for a Retail Liquor Store License came on for hearing on the 18th day of December, 1974, 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 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. e 40 so RESOLUTION OF THE LOCAL LIQUOR LICENSING AUTHORITY OF THE CITY OF FORT COLLINS, COLORADO, CONCERNING AN APPLICATION FOR A RETAIL LIQUOR STORE LICENSE BE IT RESOLVED by the Local Liquor Licensing Authority of the City of Fort Collins, Colorado that the application of Harold L. Chavez, d/b/a H & M Liquors for a Retail Liquor Store Liquor License 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 15th day of January, A.D. 1975. it an ATTEST: 7 City comer )T � Resolution approving an Application for a Retail Liquor Store License for Jerry Nix, Thomas Hayes and Pamela Hayes dba Foothills Discount Liquors, South Mason at Monroe Drive, adopted The City Clerk, Verna Lewis read at length the resolution. Authority member Seegmiller made a motion, seconded by James MacNair to adopt the resolution approving the application for a retail liquor store E license submitted by Jerry Nix, Thomas Hayes and Pamela Hayes dba Foothills Discount Liquors, South Mason at Monroe Drive. The Chairman put the motion which was unanimously adopted. FINDINGS AND RESOLUTION OF THE LOCAL LIQUOR LICENSING AUTHORITY OF THE CITY OF FORT COLLINS, COLORADO, CONCERNING AN APPLICATION FOR A RETAIL LIQUOR STORE LICENSE The application of Foothills Discount Liquors, Inc., d/b/a Foothills Discount Liquors for a Retail Liquor Store License came on for hearing on the 18th day of December, 1974, 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: 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 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 RETAIL LIQUOR STORE LICENSE ft N Liquors for a Retail Liquor Store Liquor License 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 15th day of January, A.D. 1975. ATTEST: City C erk �'7i — Amendment to Resolution approving a 3.2& Fermented Malt'A*Verage license for Pat Manls Pizza Pub, correcting the type license:to`be issued, approved City Attorney, Ramsey Myatt,, stated jot the original application Was for a Class A license; aftet, sy�gng the;ap�ication and before the hearing date the applicant changed the. application in'the City Clark's Office to 9 Class license applicaiion, This change was not transmitted to the City Attgrisey�s Office and when the resolution was prepared, it .was:greparsd to read a Class A license, Mr. Myatt stated that a poi m tb corrett the resolution would be proper at this time. I. ft ft Authority member Seegmiller made a motion seconded by James MacNair to amend the resolution granting a 3.2% Fermented Malt Beverage License to Donald Redmond dba Fat Man's Pizza Pub from a Class A License to a Class C License. The Chairman put the motion which was unanimously adopted. Addendum to Hotel -Restaurant Liquor License changing the Corporation Name from Out of Bounds Inc. to Round the Corner Inc. dba Out of Bounds Restaurant approved City Attorney, Myatt, stated that this was only a matter of changing the name of the Corporation. The same persons were involved, it was not a matter of considering new people. Authority member Seegmiller made a motion, seconded by James MacNair to approve the addendum changing the name of the Out of Bounds Inc. to Round the Corner Inc. dba Out of Bounds Restaurant and Lounge. The Chairman put the motion which was unanimously adopted. Resolution approving a 3.2% Fermented Malt Beverage License Application by National Convenience Store, Inc. dba Shop n Go Market, 802 South College Avenue adopted The City Clerk, Verna Lewis read the resolution at length. Authority member Seegmiller made a motion, seconded by the Chairman, Donald Robotham to adopt the resolution granting a 3.2% Fermented Malt Beverage License to National Convenience Stores, Inc. dba Shop n Go Market, 802 South College Avenue. The Chairman put the motion with the following vote --yeas, Seegmiller and Robotham; James MacNair abstained. 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 GRANTING SAID LICENSE IN ACCORDANCE WITH THE DIRECTIONS OF THE CITY COUNSEL OF THE CITY OF FORT COLLINS WHEREAS, the application of National Convenience Stores, Incorporated, d/b/a Shop n Go Markets for a Class B License for the sale of non -intoxicating malt liquor came on for 00 hearing on September 18, 1974, 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 found that: A. There was no adequate showing that the inhabi- tants of the neighborhood desire that the license be granted. B. The needs of the neighborhood do not require the granting of the license, such needs currently being met by existing outlets in and close to the neighborhood for which the license is sought, and WHEREAS, National Convenience Stores, Incorporated, d/b/a Shop n Go Markets appealed the decision of the Liquor Licensing Authority of the City of Fort Collins to the City Council of the City of Fort Collins pursuant to the Code of the City of Fort Collins, and WHEREAS, the City Cont►cil- of the City of Fort Collins heard said appeal on December 12, 1974, and subsequently made a determination that the inhabitants of the neighborhood desire that the license be granted, and that the needs of the neighborhood require the granting of such license, and WHEREAS, the City Council of the City of Fort Collins has directed the Liquor Licensing Authority to issue such license. NOW, THEREFORE, be it resolved by the Liquor Licensing Authority of the City of Fort Collins that the application of National Convenience Stores, Incorporated, d/b/a Shop n Go Markets for a Class B License for the sale of non -intoxicating malt liquor at 802 South College, 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 15th day of January, A.D., 1975. ATTEST: ai n city Cie— -iC/,i 90 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 GRANTING SAID LICENSE IN ACCORDANCE WITH THE DIRECTIONS OF THE CITY COUNSEL OF THE CITY OF FORT COLLINS WHEREAS, the application of National Convenience Stores, Incorporated, d/b/a Shop n Go Markets for a Class B License for the sale of non -intoxicating malt liquor came on for hearing on September 18, 1974, 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 found that: A. There was no adequate showing that the inhabi- tants of the neighborhood desire that the license be granted. B. The needs of the neighborhood do not require the granting of the license, such needs currently being met by existing outlets in and close to the neighborhood for which the license is sought, and WHEREAS, National Convenience Stores, Incorporated, d/b/a Shop n Go Markets appealed the decision of the Liquor Licensing Authority of the City of Fort Collins to the City Council of the City of Fort Collins pursuant to the Code of the City of Fort Collins, and WHEREAS, the City Council of the City of Fort Collins M heard said appeal on December 12, 1974, and subsequently made a determination that the inhabitants of the neighborhood desire that the license be granted, and that the needs of the neighborhood require the granting of such license, and WHEREAS, the City Council of the City of Fort Collins has directed the Liquor Licensing Authority to issue such license. NOW, THEREFORE, be it resolved by the Liquor Licensing Authority of the City of Fort Collins that the application of National Convenience Stores, Incorporated, d/b/a Shop n Go Markets for a Class B License for the sale of non -intoxicating malt liquor at 1330 West Elizabeth, 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 15th day of January, A.D., 1975. ai man ATTEST: Ci of _ 6"4 ty Clerk Report from Police Department Regarding Violation at Catacombs Restaurant, 115 South College Avenue, discussed January 13, 1975 Liquor Licensing Authority City of Fort Collins Fort Collins, Colorado 80521 Attention: Mr. Don Robotham, Chairman Dear Sir: On January 11, 1975, at 2:18 A.M., Detective Whitesell and Detective Mickelson of the Fort Collins Police Department entered the Catacombs Restaurant at 115 South College Avenue, Fort Collins, and observed a drink still on the bar. A young lady in the bar claimed the drink as hers. She was identified and the drink was confiscated. When this license was renewed, a letter was sent to the management regarding this type of incident. This officer would request that a letter be sent by the authority to the establishment, advising them that the police department has requested a hearing be held to consider action on their license. use. A copy of the officer's report is attached for your a ph M. m ih MgySmi Chief of Police DHB/sg A-] ly y9ims, ell H. Bean, Detective Investigative Division Officer Whitesell was present and explained in detail the violation he found at the Catacombs Restaurant on January 11, 1975. He also stated that he was present at two previous violations of the same nature in 1974, and that at the time of renewal of the license for 1975 the Authority directed the City Attorney to send a letter of reprimand. The Police Department is now re- questing that the Authority now call a show -cause hearing. Authority member Seegmiller made a motion seconded by James MacNair to call a show -cause hearing on February 12, 1975, for the Catacombs Restaurant to answer to the complaint filed on January 11, 1975 by Officer Whitesell. The Chairman put the motion which was unanimously adopted. Other Business Letter from David L. Wood in support of the Liquor Licensing Authority's efforts in trying to initiate reforms of the 1935 Liquor Code was presented to the Authority by the City Clerk, Verna Lewis. The Authority received the letter and ordered it filed. Mr. Robotham, Chairman requested that if possible the Authority should conduct an election of officers at the next meeting. This will be an item on the agenda. Authority member Seegmiller made a motion, seconded by James MacNair to adjourn the meeting. Chairman ATTEST: VI+Ad Secretary