HomeMy WebLinkAboutLiquor Licensing Authority - Minutes - 11/20/1974a 0
Present:
Absent:
LIQUOR LICENSING AUTHORITY
November 20, 1974
Regular Meeting
7:30 P.M.
Rudy Baldivia
Elton Collins
Donald Robotham
Rosemarie Fentress
James MacNair
Staff members present: Bean and Lewis
Also Assistant City Attorney Ramsey Myatt
Minutes of October 16, 1974 Regular
Meeting, approved
Authority member Collins made a motion to approve the minutes of
the October 16, 1974 regular meeting,as published, seconded by Rudy
Baldivia. The Chairman put the motion which was unanimously adopted.
Boundaries Established on an application
for a Retail Liquor Store License by Harold
Chavez dba H $ M Liquors, 315 Riverside
Avenue
The Chairman inquired if the applicant were present in person or
represented by counsel.
Attorney Shelley Don representing Mr. Harold Chavez appeared and
requested that the City limits be set as the boundaries.
No formal motion on this item was made, it was the consensus of
the Authority to establish the City limits as the boundaries with the
final hearing on December 18, 1974.
Boundaries Established on an application
for a Retail Liquor Store License by Thomas
Hayes and Jerry M. Nix dba Foothills Discount
Liquors, South Mason at West Monroe Drive
Attorney David Wood appearing on behalf of the applicants stated a
logical configuration, in connection with the application, io'set'the`
boundaries within a radius of one and one-half miles of the site of the
application, which would include the area of interest; a portion of
which would be outside the City limits. City Attorney Myatt informed the
Authority that they may not establishboundaries outside the City limits.
Mr. Wood also requested for the record confirmation from the City Clerk
and City Attorney that the application as submitted is complete.
Assistant City Attorney Myatt stated the file was complete.
Mr. Jerry L. Anderson owner of South College Liquors, stated his
objection to establishing the boundaries at the preliminary hearing, prior
to posting of the premises and publishing of the notice. Mr. Anderson
requested the authority table this application to the next meeting to
allow him to obtain legal counsel.
Mr. Red Ferrell, owner of Campus West Liquors, stated it was his
understanding that to his knowledge, there was nothing in the State
statutes that prohibits setting boundaries outside the City limits.
Therefore, he supported the recommendation of boundaries originally
requested by Attorney Wood.
Chairman Robotham inquired if a boundary north to Stuart Street,
west one and one-half miles, east one and one-half miles, and south to
the City limits would be acceptable.
Attorney Wood stated this would be more than acceptable, logical.
Authority member Baldivia made a motion, seconded by Elton Collins
to establish the boundaries for Foothills Discount Liquors as north to
Stuart Street, one and one half miles to the west, one and one-half miles
to the east and the City limits on the south with the final hearing date
to be December 18, 1974. The Chairman put the motion which was unanimously
adopted.
Introduction of New Authority Member
City Clerk, Verna Lewis, stated Mr. Carlos Seegmiller, newly appointed
member to the Authority was present and introduced him to the Board.
Transfer of ownership from David Massopust dba
Seven Seas to Albert E. Goodwin, III and Howard
L. Ball dba Lift Ticket, 181 North College
Avenue, approved
City Clerk, Verna Lewis stated there were two items on the agenda relative
to this establishment. The application for transfer and the renewal for this
establishment. She requested, if the Authority approves the transfer, that
the renewal application be removed from the agenda.
City Attorney Myatt stated the application for transfer is in order
and the hearing is limited to the personal qualifications of the transferees.
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Messers Howard Ball, Jr. and Albert E. Goodwin III gave testimony to
their previous experience, their qualifications and their proposed renova-
tion of the establishment. Also their knowledge of State and City regu-
lations regarding 3.2% Fermented Malt Beverage Licenses.
Authority member Baldivia inquired into the propsed serving of
meals at thb establishment. It was determined that no meals are presently
served, but will be available if the transfer is approved. City Attorney,
Myatt inquired if the applicants were aware of the Building Inspection re-
quirements for remodeling. The applicants indicated that they were.
Authority member Collins made a motion to approve the transfer of
ownership of the Seven Seas to Albert E. Goodwin, III and Howard L. Ball
dba Lift Ticket. The Chairman put the motion which was unanimously
adopted.
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Application for a Hotel -Restaurant Liquor
License from Joe Berry, tabled to 12/18/74
The Chairman inquired if the applicant was present or represented by
Counsel. No one was present. Authority member Collins made a motion,
seconded by Rudy Baldivia to table this application to the December 18,
1974, meeting. The Chairman put the motion which was unanimously adopted.
Secretary's note --the Authority, at the request of the City Attorney with
the concurrence of the Chairman, was polled by telephone and a preliminary
hearing date of December 18, 1974 was set with a final hearing on January
15, 1974.
Renewal of Fermented Malt Beverage License
for David Massopust dba Seven Seas, 181
North College Avenue, removed from agenda
This item removed from agenda due to approval of the transfer of
ownership application submitted to the Authority earlier in the meeting,
as stated by the Chairman.
Renewal of 3.2% Fermented Malt Beverage License
submitted by Pryntha J. Winfrey dba Sportsman's
Bar, 210 Walnut, approved with letter of reprimand
to be issued
City Clerk, Verna Lewis, read the Police report at length.
On November 5, 1974, the above named individual made applica-
tion for a 3.2% Fermented Malt Beverage License. On November 5, 1974,
this officer received the application for investigation. The following
are the results of that investigation:
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Four incidents concerning this establishment should be
noted by the authority. Case #135043, April 17, 1974, an assault which
may or may not have occurred in the bar, but which was reported by the
victim and not by the bar. Case #139283, July 19, 1974, a fight that oc-
curred in the bar and was not reported. Case #139320, July 20, 1974, a
disturbance in which a bar worker appears to have been involved and was
not reported by the bar. Case #140837, August 24, 1974, an after hours
drinking incident which was discovered by myself and James Berry, Liquor
Enforcement Officer for the State of Colorado. Copies are included for
your review.
RECOMMENDATION:
I feel that this establishment is one of our more troublesome,
while they do report a large number of incidents with their alarm, it is
felt by this officer and many of the patrol officers that they don't re-
port some disturbances if they are able to get the parties involved to
leave the bar and continue their differences outside.
This officer recommends a written reprimand to the owner of
the bar, with the understanding that the next incident of this type will
be followed up with a request for a hearing on their license.
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� Ralph M. Smith
Chief of Police
DHB/sg
Respectfully submitted,
Dell H. Bean
Investigative Division
Officer Bean also gave an oral report on the incidents..
Authority member Collins made a motion seconded by Rudy Baldivia to
approve the renewal application, to follow the recommendation of the Police
Department and instruct the City Attorney to prepare a letter of reprimand.
The Chairman put the motion which was unanimously adopted.
Renewal of 3.2% Fermented Malt Beverage License
submitted by C. J. Streit, dba Pizza Roma, 746
North College Avenue, approved
The City Clerk, Verna Lewis stated this was a routine renewal ap-
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plication and the Police Department report stated in part, "no violations
for the above named establishment in the past year. . . . can find no legal
basis to recommend denial of this application at the present time."
Authority member Baldivia made a motion, seconded by Elton Collins to
approve the renewal application for a 3.2% Fermented Malt Beverage License
for C. J. Streit dba Pizza Roma, 746 North College Avenue. The Chairman
put the motion which was unanimously adopted.
Renewal of 3.2% Fermented Malt Beverage License
submitted by Round the Corner Restaurant, 101
West Swallow Drive, approved
The City Clerk, Verna Lewis stated this was a routine renewal ap-
plication and the Police Department report stated in part, "no violations
for the above named establishment in the past year. . .can find no legal
basis to recommend denial of this application at the present time."
Authority member Collins made a motion seconded by Rudy Baldivia to
approve the renewal application for a 3.2% Fermented Malt Beverage License
for the Round the Corner Restaurant, 101 West Swallow Drive. The Chairman
put the motion which was unanimously adopted.
Renewal of 3.2% Fermented Malt Beverage License
submitted by National Tea Company dba National
Foods, 420 South College Avenue approved
The City Clerk, Verna Lewis stated this was a routine renewal ap-
plication and the Police Department report stated in part, "no violations
for the above named establishment in the past year. . .can find no legal
basis to recommend denial of this application at the present time."
Authority member Baldivia made a motion seconded by Elton Collins to
approve the renewal application for a 3.2% Fermented Malt Beverage License
for National Tea Company dba National Foods, 420 South College Avenue.
The Chairman put the motion which was unanimously adopted.
Renewal of Retail Liquor Store License submitted
by William Goff dba Aggie Liquors, 429 Canyon
Avenue, approved
The City Clerk, Verna Lewis stated this was a routine renewal ap-
plication and the Police Department report stated in part, "no violations
for the above named establishment in the past year. . .can find no legal
basis to recommend denial of this application at the present time."
Authority member Baldivia made a motion seconded by Elton Collins to
approve the renewal of a Retail Liquor Store License for William Goff dba
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Aggie Liquors, 429 Canyon Avenue
unanimously adopted.
The Chairman put the motion which was
Renewal of a Hotel -Restaurant Liquor License
submitted by Gene Kapperman dba Gene's Tavern
200 Walnut Street, approved with letter of
caution
City Clerk, Verna Lewis read at length the following report from
the Police Department.
November 19, 1974
TO: Mr. Robert Brunton, City Manager
FROM: Dell H. Bean, Investigative Division
SUBJECT: Renewal Application for Malt, Vinous, and Spirituous Liquor
License, Gene Kapperman, DBA, Gene's Tavern, 200 Walnut
Street, Fort Collins
Sir:
On October 22, 1974, the above named individual made application
for renewal of his Malt, Vinous, and Spirituous Liquor License. On Octo-
ber 22, 1974, this officer received the application for review.
This bar, in the past year, has been the location of numerous
disturbance alarms. This is probably explained to a large degree by the
fact that it changed from a 3.2% bar to a hard -liquor establishment. The
management has been cooperative in handling these disturbances and is
prompt is sending in the alarms. In the past year, there have only been
two incidents involving questionable action on the part of the bar. Case
#138882, July 12, 1974, in which a bartender, who had been drinking, ejected
a person who was intoxicated to the point of not being able to care for him-
self and who sustained injuries requiring hospitalization after being
ejected. Case #141391, September 6, 1974, in which a patrol officer felt
the management of the bar was serving an obviously :intoxicated person, who
had to be placed in protective custody for his own good. Copies of these
cases are included for your review.
RECOMMENDATION:
This officer recommends that the license be renewed.
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Investigative Di
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Officer Bean gave further oral testimony regarding the above
incidents, specifically the potential problem with employees of the
establishment.
Authority Member Collins made a motion seconded by Rudy Baldivia to
approve the renewal application for Gene Kapperman dba Gene's Tavern,
200 Walnut for a Hotel -Restaurant Liquor License and to instruct the City
Attorney to direct a letter of caution to the licensee. The Chairman put
the motion which was unanimously adopted.
Renewal of a Hotel -Restaurant Liquor License
with Extended Hours submitted by Out of Bounds
Restaurant, 200 West Mountain Avenue, approved
The City Clerk, Verna Lewis stated this was a routine renewal ap-
plication and the Police Department report stated in part, "no violations
for the above named establishment in the past year. . .can find no legal
basis to recommend denial of this application at the present time."
Authority member Collins made a motion seconded by Rudy Baldivia to
approve the renewal application for the Out of Bounds Restaurant, 200 West
Mountain Avenue for a Hotel -Restaurant Liquor License with Extended Hours.
The Chairman put the motion which was unanimously adopted.
Renewal of a Retail Liquor Store License
submitted by Gustav Miklos, Marlin Glantz
and Harold Kuemmerlin dba Ace Liquors,
200 East Mountain Avenue, approved
The City Clerk, Verna Lewis stated this was a routine renewal ap-
plication and the Police Department report stated in part, "no violations
for the above named establishment in the past year. . .can find no legal
basis to recommend denial of this application at the present time."
Authority member Baldivia made a motion seconded by Elton Collins to
approve the renewal application for Gustav Miklos, Marlin Glantz and Harold
Kuemmerlin dba Ace Liquors, 200 East Mountain Avenue for a retail liquor
store license. The Chairman put the motion which was unanimously adopted.
Renewal of Hotel -Restaurant Liquor License
by Pagoda Enterprises, Inc. 1002 North
College Avenue, approved
The City Clerk, Verna Lewis state this was a routine renewal ap-
plication and the Pblice':Department report stated in part, "no violations
for the above named establishment in the past year. . .can find no legal
basis to recommend denial of this application at the present time."
Authority member Baldivia made a motion seconded by Elton Collins to
approve the renewal application for Pagoda Enterprises, Inc., 1002 North
College Avenue for a hotel -restaurant liquor license. The Chairman put the
motion which was unanimously adopted.
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Renewal of a Hotel -Restaurant Liquor License
with Extended Hours submitted by Paxton's Pub
Ltd.dba The Moot House, 2626 South College Avenue,
The City Clerk, Verna Lewis stated this was a routine renewal ap-
plication and the Police Department report stated in part, "no violations
for the above named establishment in the past year. . .can find no legal
basis to recommend denial of this application at the present time."
Authority member Collins made a motion seconded by Rudy Baldivia to
approve the renewal application for Paxton's Pub Ltd. dba The Moot House,
2626 South College Avenue for a Hotel -restaurant liquor license with
extended hours. The Chairman put the motion which was unanimously adopted.
Renewal of a Hotel -Restaurant Liquor License
with Extended Hours submitted by Best Bowl, Inc.
dba Horsetooth Lanes, Tack Room, 217 Horsetooth
Road, approved
The City Clerk, Verna Lewis stated this was a routine renewal ap-
plication and the Police Department report stated in part, "no violations
for the above named establishment in the past year. . .can find no legal
basis to recommend denial of this application at the present time."
Authority member Baldivia made a motion seconded by Elton Collins to
approve the renewal application for Best Bowl, Inc. dba Horsetooth Lanes
Tack Room, 217 Horsetooth Road for a hotel -restaurant liquor license with
extended hours. The Chairman put the motion which was unanimously adopted.
Renewal of Hotel -Restaurant Liquor License
with Extended hours submitted by Frank H. Pino
and Rueben R. Ramirez dba F & R Limited (formerly
Golden Ram) 214 Linden Street, approved with
letter of caution
The City Clerk, Verna Lewis read at length the following report from
the Police Department.
November 18, 1974
TO: Mr. Robert Brunton, City Manager
FROM: Dell H. Bean, Investigative Division
SUBJECT: Application for a Beer, Wine and Liquor License, Extended
Hours, Frank H. Pino and Rueben R. Ramirez, DBA, F & R,
Limited, (Formerly, the Golden Ram), 214 Linden Street,
Fort Collins
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171
Sir:
On November 11, 1974, the above named individuals made appli-
cation for a Beer, Wine and Liquor License, Extended Hours. On November 13,
1974, this officer received the application for investigation. The
following are the results of that investigation:
In checking the records for the past year, numerous alarms
were reported to the department by the management of the establishment.
However, two incidents are on record and should be noted by
the authority. Case #132273, February 2, 1974, is an underage drinking
incident, which was discovered by a patrol officer. Case #134426,
March 30, 1974, was an alarm reported disturbance which appears to have
been started by the establishment bouncer. In this particular case, both
subjects were arrested. Copies of these two reports are attached for
your review.
Through personal contact with patrol officers, they do not
feel that this is our most troublesome bar. Some patrol officers do not
feel they get adequate cooperation from the bar when they respond to
alarms. This may be more of a personal problem than anything else.
RECOMMENDATION:
The above mentioned incidents occurred in the early part of
1974, since that time, the department has had no reports of unreported
disturbances from this establishment.
While I would submit that the license should be renewed, I
feel that the authority should advise the ownersthat they are aware that
problems exist and that further incidents of the type listed would be
cause for a hearing to revoke or suspend their license.
Respectfully s omitted,
Investigative Division
1Tph . Smith
Chief of Police
DHB/sg
Authority member Collins made a motion seconded by Rudy Baldivia to
approve the renewal license foe paank-Alt Pino and Rueben R. Ramirez dba
F & R Limited for a hotel -restaurant liquor license with extended hours
and instruct the City Attorney to direct,a letter of Caution to the licensee.
The Chairman put the motion which was adopted unanimously.
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Renewal of Hotel -Restaurant Liquor License
with extended hours submitted by Unicorn Corp.
dba The Catacombs, 115 South College Avenue
approved with strong letter of caution
City Clerk, Verna Lewis read at length the following report from the
Police Department.
November 18, 1974
TO: Mr. Robert Brunton, City Manager
FROM: Dell H. Bean, Investigative Division
SUBJECT: Renewal Application for Malt, Vinous, and -Spirituous Liquor
License, Unicorn Corporation, DBA, Catacombs Restaurant, 115
South College AVenue, Fort Collins
Sir:
On November 12, 1974, the above named corporation made appli-
cation for renewal of their Malt, Vinous, and Spirituous Liquor License.
Cn November 14, 1974, this officer received the application for review.
When this license was renewed last year, Detective Reed asked
for a written warning due to after hours drinking. The practice does not
seem to have stopped as noted by Case #140846, August 24, 1974. On this
particular incident, I was present, as was James Berry, Liquor Enforcement
Officer for the State of Colorado. Three drinks were observed on the bar
with two people present and a third party showed up shortly and claimed
the third drink. A copy of the report is included for your review.
No recommendation is being made by this officer on this estab-
lishment as it is felt that the authority has already warned the establish-
ment about this type of action. Whatever the authority feels is sufficient
is this case will be followed by our office.
,,'001Ralph M. Smith
Chief of Police
DHB/sg
tfu
Dell H. Bean
Investigative Division
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The Authority reviewed the above incidents and the minutes of the
November 21, 1973 meeting regarding this establishment.
Authority member Collins made a motion seconded by Rudy Baldivia to
approve the renewal application submitted by Unicorn Corporation dba
Catacombs Restaurant, 115 South College Avenue for a hotel -restaurant
liquor license with extended hours and to instruct the City Attorney to
send a strong letter of caution to the licensee advising them that any
further incidents of this nature might be dealt with in requiring a
"show cause" hearing on why this license should not be suspended or
revoked. The Chairman put the motion which was unanimously adopted.
Renewal of Club Liquor License for
VFW, Rocky Mountain Post No. 1781,.
201 Linden Street, approved
The City Clerk, Verna Lewis stated this was a routine renewal ap-
plication and the Police Department report stated in part, "no violations
for the above named establishment in the past year. . .can find no legal
basis to recommend denial of the application at the present time."
Authority member Collins made a motion seconded by Rudy Baldivia to
approve the renewal application for a club liquor license submitted by
the VFW, Rocky Mountain Post No. 1781, 201 Linden Street. The Chairman
put the motion which was adopted unanimously.
Renewal of Hotel -Restaurant Liquor License
with Extended Hours by Jaka Limited dba
Sagebrush Restaurant, 934 Lemay Avenue,
approved
The City Clerk, Verna Lewis stated this was a routine renewal ap-
plication and the Police Department report stated in part, "no violations
for the above named establishment in the past year. . .can find no legal
basis to recommend denial of this application at the present time."
Authority member Baldivia made a motion seconded by Elton Collins to
approve the renewal application for a hotel -restaurant liquor license with
extended hours submitted by Jaka Limited dba Sagebrush Restaurant, 934
Lemay Avenue. The Chairman put the motion which was adopted unanimously.
Renewal of a Wine and Beer Liquor License
by Bel Air, Inc, dba Giuseppes, 354
Walnut Street, approved
The City Clerk, Verna Lewis stated this was a routine renewal ap-
plication and the Police Department report stated in part, "no violations
for the above named establishment in the past year. . .can find no legal
basis to recommend denial of this application at the present time."
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Authority member Collins made a motion seconded by Rudy Baldivia to
approve the renewal application for a Wine and Beer Liquor License submitted
by Bel Air, Inc. dba Giuseppes, 354 Walnut Street, The Chairman put the
motion which was unanimously adopted.
Renewal of Hotel -Restaurant Liquor License
with extended hours for Northern Hotel
Restaurant and Lounge Inc., approved
The City Clerk, Verna Lewis stated this was a routine renewal ap-
plication and the Police Department teport stated in part, "no violations
for the above named establishment in the past year. . .can find no legal
basis to recommend denial of this application at the present time."
Authority member Baldivia made a motion seconded by Elton Collins to
approve the renewal application for a hotel -restaurant liquor license with
extended hours for the Northern Hotel Restaurant and Lounge, Inc., 172
North College Avenue. The Chairman put the motion which was adopted unanimously.
Renewal of Hotel -Restaurant Liquor License
for Carl J. Bumbal, Richard E. Stencel and
John H. Huisjen dba The Brothers, 249 South
College Avenue, approved
The City Clerk, Verna Lewis stated this was a routine renewal ap-
plication and the Police Department report stated in part, "no violations
for the above named establishment in the past year. . .can find no legal
basis to recommend denial of this application at the present time."
Authority member Collins made a motion seconded by Rudy Baldivia to
approve the renewal application for a hotel -restaurant liquor license for
Carl J. Bumbal, Richard E. Stencel and John H. Huisjen dba The Brothers,
249 South College Avenue. The Chairman put the motion which was adopted
unanimously.
Renewal of Hotel -Restaurant Liquor License
with Extended Hours for Harvey L. Farr and
Billy J. Dahlem dba St. George and the Dragon
246 North College Avenue, approved
The City Clerk, Verna Lewis stated this was a routine renewal ap-
plication and the Police Department report stated in part, "no violations
for the above named establishment in the past year. . .can find no legal
basis to recommend denial of this application at the present time."
Authority member Baldivia made a motion seconded by Elton Collins to
approve the renewal application for a hotel -restaurant liquor license with
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extended hours for Harvey L. Farr and Billy J. Dahlem dba St. George and the
Dragon, 246 North College Avenue. The Chairman put the question which was
unanimously adopted.
Resolution and Findings of the Local Liquor
Licensing Authority of the City of Fort Collins
concerning an Application for a Beer, Wine and
Liquor License for Monte Carlo Lounge, 830 North
College Avenue, approved
Authority member Baldivia made a motion to adopt the resolution approving
the application for a hotel -restaurant liquor license for Monte Carlo Lounge,
seconded by Elton Collins. 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 BEER, WINE AND LIQUOR LICENSE
The application of Jessica Wells, Rita Dayton and Nancy
P. Wilmarth, doing business as Monte Carlo Lounge for a
Beer, Wine and Liquor License (Hotel, Restaurant) came on
for hearing on the 16th day of October, 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., 1963, Section 75-2-39
prohibits the issuing of a license at the proposed location.
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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.
RESOLUTION
OF THE LOCAL LIQUOR LICENSING AUTHORITY OF THE
CITY OF FORT COLLINS, COLORADO, CONCERNING AN
APPLICATION FOR A BEER, WINE AND LIQUOR LICENSE
BE IT RESOLVED by the Local Liquor Licensing Authority
of the City of Fort Collins, Colorado that the application
of Jessica Wells, Rita Dayton and Nancy P. Wilmarth, doing
business as Monte Carlo Lounge for a Beer, Wine and Liquor
License be and the same hereby is granted in accordance with
the findings of the Authority set forth above; and
Passed and adopted this 20th day of November, A.D.
1974.
ATTEST:
City Clerk
0
(Secretary's Note --this license although just approved is due for
renewal as all liquor licenses terminate December 31.)
Renewal of Hotel -Restaurant Liquor License
with Extended Hours for Monte Carlo Lounge,
830 North College Avenue, approved
Authority member Collins made a motion to approve the renewal application
for a hotel -restaurant liquor license with extended hours for Monte Carlo
Lounge, 830 North College seconded by Rudy Baldivia. The Chairman put the
motion which was adopted unanimously.
Resolution and Findings of the Local Liquor
Licensing Authority of the City of Fort Collins
concerning the expansion of premises for
Johnny's Liquors, 111 West Prospect Street
approved, renewal also approved
Authority member Collins made a motion to adopt the resolution setting
forth the findings regarding the application for enlargements: of premises
of the existing liquor license issued to Johnny's Liquors, 111 West
Prospect Street and to approve the renewal application for the retail
liquor store license for 1975, seconded by Rudy Baldivia.
FINDINGS AND RESOLUTION
OF THE LOCAL LIQUOR LICENSING AUTHORITY OF THE
CITY OF FORT COLLINS, COLORADO, CONCERNING AN
APPLICATION FOR ENLARGEMENT OF PREMISES OF AN
EXISTING LIQUOR LICENSEE
The application of Darrell Blake, d/b/a Jonny's Liquor
for enlargement of premises of an existing liquor license
came on for hearing on the 16th day of October, 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:
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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., 1963, Section 75-2-39
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 enlargement of the premises
of the existing liquor license.
4. The application is in proper form.
5. Petitions were presented and received at the hearing,
indicating a need for the expansion of the subject license
and no evidence was presented indicating that said need does
not exist, and the local licensing authority hereby finds
that the reasonable requirements of the neighborhood require
the granting of the expansion of 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.
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RESOLUTION
OF THE LOCAL LIQUOR LICENSING AUTHORITY OF THE
CITY OF FORT COLLINS, COLORADO, CONCERNING AN
APPLICATION FOR ENLARGEMENT OF PREMISES OF AN
EXISTING LIQUOR LICENSEE
BE IT RESOLVED by the Local Liquor Licensing Authority
of the City of Fort Collins, Colorado that the application
of Carrell Blake, d/b/a Jonny's Liquor for enlargement of
premises of an existing 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 20th day of November, A.D.
1974.
ATTEST:
Clerk
et
Cit
Report on License Fee Schedule
City Clerk, Verna Lewis, with the concurrence of the City Manager,
submitted the following report on the fee schedule.
TO: Robert Brunton, City Manager
FROM: Verna Lewis, City Clerk
DATE: November 19, 1974 IV
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SUBJECT: Fee Schedule Liquor Licensing
At the regular meeting of October 16, 1974 of the Liquor Licensing Authority,
the Authority voted unanimously to review the fee schedule relating to license
fees. Based on my recommendation, they agreed to wait for a report on the fee
schedule from the Administration. Listed below is the fee schedule now in
effect.
Liquor Licenses
1. Original applications Hotel -Restaurant License
(a)
Application fee (maximum under State
statute)
$300.00
(b)
City Annual License fee
$325.00
(c)
State of Colorado Annual License fee
$ 25.00
(d)
City Annual Occupation tax
$1500.00
2. Original application Beer and Wine License
(a)
Application fee (maximum under State
statute)
$300.00
(b)
City Annual License fee
$150.00
(c)
State of Colorado License fee
$ 25.00
(d)
City Annual Occupation tax
$400.00
3. Original application Club License
(a)
Application fee (maximum under State
statute)
$300.00
(b)
City Annual License fee
$150.00
(c)
State of Colorado Annual License
$ 25.00
(d)
City Annual Occupation tax
$500.00
4. Original application Retail Liquor Store License
(a) Application fee (maximum under State statute) $300.00
(b) City Annual License fee $150.00
(c) State of Colorado License fee $ 50.00
(d) City Annual Occupation tax $500.00
5. Renewal applications -- All renewals pay City, State Annual License fees
and Occupation tax only.
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!o Fermented Malt Beverage Lice
1. All Fermented Malt Beverage Licenses
(a) Original application (maximum under State statute) $300.00
(b) City Annual License fee $ 25,00
(c) State Annual License fee $ 25.00
(d) City Annual Occupation tax $400.00
2. Renewals -- All renewals pay City, State Annual License fees and Occupation
tax only.
Of the entire amount of the City collected fees, the City of Fort Collins
retains only 15%. Eighty-five percent is refunded to the State under the
State Constitution, Article XXIV Section 2.
ARTICLE XXIV
Old Age Pensions
Section 1. Fund created. —A fund to be known as the old age pension
fund is hereby created and established in the treasury of the state of
Colorado.
Added November 3,1936; amended November 6,1956.
General:
This article of the constitution has no
application to sales and use taxes imposed
I,y a municipality for local or municipal
purposes; the state sales and use tax deals
elusively with state levies and state
municipal taxes in the same field can co-
exist. Berman v. Denver (1965) 156 C.
3�,, 400 P.2d 434. (Citing: State v. City
and County of Denver (1940) 106 C. 5199
lo7 11.2d 317, Post v. Grand Junction (1948)
11 R C. 434, 195 P.2d 958.)
This article creates the old age pension
fund and allocates funds arising from
certain sources; but it is not otherwise
self-executing; and it does not operate to
levy a tax of any kind upon anything. It
does not dispense with general ad valorem
tax on liquor as property; and the returns
therefrom do not go into the old age pen-
sion fund under pertinent statutes. Bed-
ford v. Sinclair (1944) 112 C. 176, 147
P.2d 486.
Cited:
Jennings v. Morrison (1947) 117 C. 363,
187 P.2d 930 (title procedure); Fairall v.
Frisbee (1939) 104 C. 553, 92 P.2d 748
(self-executing as fund only); In re Inter-
rogatories (1937) 99 C. 591, 65 P.2d 7
(interrogatories answered without opin-
ion).
Section 2. Moneys allocated to fund. —There is hereby set aside, allo-
cated and allotted to the old age pension fund sums and money as follows:
(a) Beginning January 1, 1957, eighty-five percent of all net revenue
accrued or accruing, received or receivable from any and all excise taxes
now or hereafter levied upon sales at retail, or any other purchase trans-
action; together with eighty-five per cent of the net revenue derived from
any excise taxes now or hereafter levied upon the storage, use, or con-
sumption of any commodity or product; together with eighty-five per-
cent of all license fees imposed by the provisions of sections 138-6-1 to
138-6-42, both inclusive, of Colorado Revised Statutes, 1953, and amend-
ments thereto; provided, however, that no part of the revenue derived
from excise taxes now or hereafter levied, for highway purposes, upon
gasoline or other motor fuel, shall be made a part of said old age pension
fund.
(b) Beginning January 1, 1957, eighty-five percent of all net revenue
accrued or accruing, received or receivable from taxes of whatever kind
upon all malt, vinous, or spirituous liquor, both intoxicating and non -intoxi-
cating, and license fees connected therewith.
(e) All unexpended money in any fund of the state of Colorado, or
political subdivision thereof, as of January 1, 1957, which prior to said
(late has been allocated to the payment of an old age pension.
(d) All grants in aid from the federal government for old age assist-
ance.
(0) All inheritance taxes and incorporation fees appropriated under
101-2-2 to 101-2-4, both inclusive, Colorado Revised Statutes, 1963, for
old age pensions.
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If the City were to conduct a cost of services analysis of Staff time, in both
the City Clerk and Police Departments, added to paper costs, not counting the
time of the City Attorney's Office, I am sure we would be woefully in the red.
:However, I have a strong feeling that the local Authority should recommend to
the Council to seek changes at the State level; not only in the distribution of
fees, but to give support to the Clerk's, Police Department, and Safety Offices
in the municipalities who are charged with the responsibility of administering
the issuance of licenses at the local level.
It is my understanding that the Colorado Municipal League Board has not assigned
a high priority to this item in their proposals to be supported at the legisla-
tive level. Therefore, perhaps the Council would see fit to request that the
City's Legislative Representative, Nancy Gray, present our views and recommendations
and that Council members, individually and collectively, contact our legislators
and make known the Board recommendations.
City Attorney Myatt cautioned the Authority that the fees are under the State
Constitution and would have to be changed by a vote of the people; however there
could be other changes made at the legislative level, Mr. Myatt concurred in the
recommendation of the administration.
The Authority discussed at length the fee schedule, and concurred in the recommendation.
Chairman Robotham will direct a letter to the Council requesting this recommendation
be placed on the Agenda for discussion at a regular Council meeting.
Change in Licensing Authority
Meeting dates approved
The Authority reviewed the problems of the 30 day limitation in issuing findings on
Liquor Licensing caused by holding only monthly meetugs on the the third Wednesday
of the month.
City Attorney Myatt recommended that the Authority schedule its hearings commencing
in January 1975 every four weeks.
The Board concurred in this recommendation and requested that the City Clerk establish
a yearly calendar and make it available to the members.
Authority member Collins made a motion seconded by Rudy Baldivia to establish the
Liquor Licensing meeting time as every four weeks commencing January 15, 1975. The
Chairman put the motion which was adopted unanimously.
Review of Responsibilities of Licensing
Authority in response to Council Request
on Boards and Commissions
The Authority reviewed the letter addressed to all Boards,,Commissions and Committee
members at length and discussed each item.
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The response to the inquiry will be made by the Chairman as a result of the
discussion.
Adjournment
Authority member Collins made a motion seconded by Rudy Baldivia to adjourn. The
Chairman put the motion which was unanimously adopted.
Chairma
ATTEST:
'? 2�IL 7
Secretary
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