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HomeMy WebLinkAboutLiquor Licensing Authority - Minutes - 09/30/1974Y LIQUOR LICENSING AUTHORITY September 30, 1974 Special Meeting 5:30 P.M. Present: Rudy Baldivia Elton Collins Rosemarie Fentress James MacNair Donald Robotham Staff members Present: Hendricks, Smith and Lewis Also Assistant City Attorney Myatt Chairman Robotham called the meeting to Order. The purpose of the meeting is to render a decision on an application for a 3.2% Fermented Malt Beverage License submitted by Donald Redmond et ux, dba Fat Man's Pizza Pub, 2900 Harvard, National Convenience Stores, Inc. dba Shop N Go Market, 802 South College Avenue and National Convenience Stores, Inc. dba Shop N Go Market, 1330 West Elizabeth Street. Only the three members present at the hearing would be voting on the applications. Application for 3.2% Fermented Malt Beverage License by Donald Redmond et ux dba Fat Man's Pizza Pub, 2900 Harvard, approved Chairman Robotham inquired if the applicant was present or represented by Counsel. Attorney Gene Timmerman representing Mr. Redmond was present as well as Mr. Redmond. Assistant City Attorney Myatt stated the Authority had requested that they take this matter under advisement to allow the Authority members to gain additional information on their own. The rules of the Licensing Authority say that the Authority can obtain evidence independent of the hearing. The City Clerk's Office has compiled the information requested i.e. a list of all the licensed outlets in the City of Fort Collins, a map showing the locations and a status report on the stages of construction of locations at which licenses have been granted but not issued. Mr. Redmond spoke to his proposed opening date, if the license were granted, as 30 days. Attorney Timmerman gave testimony as to his knowledge of proposed outlets in the southern part of the City. 0 Page 2 Chairman Robotham inquired whether Police Chief Smith had noted any record of incidences with establishments that have a 3.2% license which is basically used to supplement or compliment a food operation. Chief Smith stated that with one exception there have been no problems. These establishments are not the primary focal point of trouble. Authority member Mac Nair made a motion seconded by Rosemarie Fentress that the application for a 3.2% Fermented Malt Beverage License be granted to Donald Redmond et ux dba Fat Man's Pizza Pub, 2900 Harvard. The Chairman put the motion which was adopted by the three members in attendance at the hearing, Baldivia, Fentress and MacNair. Application for a 3.2% Fermented Malt Beverage License submitted by National Convenience Stores, Inc. dba Shop N Go Market, 802 South College Avenue, denied Chairman Robotham requested some one bring the Authority up to date on the hearing. Authority member Fentress stated opposition had been expressed to this location by the new owner of the Country Store, 830 South College who had presented a petition containing 170 signatures opposing the application. Assistant City Attorney Myatt stated the Court cases indicate the Authority should look more closely at objections made by competitors, however the Authority needed to give weight to the signatures because they were not the competitors signatures,or rather that the weight is given to his testimony. His testimony was that less than 10 per cent of the people he approached had refused to sign. By the same token, Mr. MacNair had compiled figures that the circulators had testified that the approximate figure of .the personswho refused to sign was 15%. Some of the reasons given for refusing to sign, some were religious and some felt the needs were being met. The Authority reviewed the existing outlets in close proximity of the proposed location. Authority member Fentress stated it appeared to her that the needs of the neighborhood were being met, she did not feel that this is a growing area; further with the close proximity of Del Farm, the two Safeway Stores, the Student Center, Durrell Center and the Country Store the needs were met and the signatures on the petitions furnished by the Protestant were to be considered. Assistant City Attorney Myatt stated the only outlet within the boundaries is the Country Store. However, the rules set out the considerations to be made by the Licensing Authority which included "the number, type and avail- ability of other licensed outlets located in or near the neighborhood under consideration. Page 3 Authority member Fentress made a motion, seconded by James MacNair that the Authority deny the application for National Convenience Stores dba Shop N Go, 802 South College Avenue because the needs of the neighbor- hood are being met and it appears that the desires of the inhabitants are against it. The Chairman put the motion which was unanimously adopted by the three members of the Authority in attendance at the hearing, Baldivia, Fentress and MacNair. Application for a 3.2% Fermented Malt Beverage License submitted by National Convenience Stores, Inc., dba Shop N Go Market, 1330 West Elizabeth Street, denied Chairman Robotham inquired if this was a 2,000 foot boundary and what other outlets were in the boundary. It was established that it was a 2,000 foot boundary and that Thrifty Foods with a 3.2% license was in that boundary. Near the neighborhood were also, Rams Inn, Little Ceasars and Around the Corner and the Ram Pub. Police Chief Smith responded to an inquiry if this was a particularly troubled area for the Department by stating that it had to be, by numbers alone, parking is a tremendous problem especially on the weekend. He did not feel that one more carry out outlet would compound the Department's problems. Authority member MacNair made a motion seconded by Rudy Baldivia, that the application for a 3.2% Fermented Malt Beverage license submitted by National Convenience Stores Inc. dba Shop N Go Market, 1330 West Elizabeth Street be denied on the basis that there are sufficient 3.2% Fermented Malt Beverage Licenses in the area to satisfy the needs of the neighborhood. The Chairman put the motion which was unanimously adopted by the members of the Authority present at the hearing, Baldivia, Fentress and MacNair. Chief Smith introduced Officer Bruce Hendrickto the Authority and stated he would be available for any assistance the Authority would need as it relates to the Police Department. Adjournment Authority member Fentress made a motion seconded by Rudy Baldivia to adjourn. The Chairman put the motion which was unanimously adopted.. C airma Secretary