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HomeMy WebLinkAboutLiquor Licensing Authority - Minutes - 08/21/1974LIQUOR LICENSING AUTHORITY August 21, 1974 7:30 P.M. Present: Donald Robotham Elton Collins Sheila Hendrick Rudy Baldivia Absent: Rosemarie Fentress Staff members present: Smith, Kelly, Seib, Myatt and Lewis. Minutes of the July 17, 1974 Regular Meeting, approved Chairman Robotham stated copies of the minutes had been received. Board member Hendrick made a motion, seconded by Rudy Baldivia, to approve the minutes of July 17, 1974 as published. The Chairman put the motion which was unanimously adopted. Application from Harvey L. Farr and Billy J. Dahlem dba St.George and the Dragon for a Hotel -Restaurant Liquor License approved Chairman Robotham inquired if the three applicants on hearings were present, either in person or represented by Counsel. Bach applicant represented. Next the Chairman inquired if there were any Protestants, adding that if there were no objections, the hearing procedures would be read only once. City Clerk, Verna Lewis, read the resolution and findings of the preliminary hearing at length: RESOLUTION OF THE LIQUOR LICENSING AUTHORITY OF FORT COLLINS SETTING FORTH FINDINGS ON A PRELIMIN- ARY HEARING ON A LIQUOR LICENSE APPLICATION WHEREAS, heretofore, Harvey Lester Farr and Billy Jack Dahlem, doing business as St. George and the Dragon, made application to the Liquor Licensing Authority for a beer, wine and liquor license (Hotel, Restaurant); and i u�;c - a a 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 21st day of August, 1974: 1. That the subject premises are proper premises under the ordinances of the City of Fort Collins and the laws of the State of Colorado to be licensed for the sale of liquor as applied for by the applicant. 2. That the boundaries of the neighborhood to be served by this applicant are as follows: the Fort Collins city limits. 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. Page 3 4D so 5. That the application is in proper form and will be heard by the authority on August 21, 1974. Passed and adopted at a regular meeting of the Liquor Licensing Authority held this 21st ay of August, 1974. / YL.� ' d hairman Attorney Alan Porter, representing Mr. Farr and Mr. Dahlem, called Mr. Dan Adams, Manager of St. George and the Dragon in Fort Collins, who gave testimony on any proposed remodeling, proposed entertainment and changes in the menus Mr. Adams, being duly sworn, also testified to the manner of obtaining signatures on petitioners exhibit "B", containing approximately 900 signatures. Mr. Harvey L. Farr, 2400 East 16th Street, Greeley, Colorado, upon being sworn by the court recorder, gave testimony on the financing and method of operation. Assistant City Attorney Myatt inquired if the petitioners were aware of the department reports from the Fire Marshall and the Building Inspector, regarding the installation of fire dampers which has con- tributed to the fact that no certificate of occupancy has been issued. Mr. Farr responded that he is aware of the deficencies and that they would be corrected within the next two weeks. Assistant City Attorney Myatt inquired if Mr. Farr was aware that if the Board granted the license, the license would not be granted until the certificate of occupancy has been issued. Mr. Farr responded that he was aware, and they would do anything that is necessary to obtain the certificate. Ms. Shelly Hayne, 3129 East Locust, was sworn by the court recorder, and spoke in opposition to changing the license from serving 18 year olds to one serving 21 year olds. Police Chief Smith stated the Police Department had no objections to the change of this license. There had been some problems, the petitioners had cooperated to the fullest extent; the department felt the new license would be advantageous. The Chairman stated the Authority could vote on the issue at the moment or take it under advisement for 30 days. Authority member Elton Collins made a motion, seconded by Sheila Hendrick, to approve the application for a Hotel -Restaurant Liquor License for St. George and the Dragon, subject to obtaining a Certi- ficate of Occupancy. The Chairman put the motion which was unanimously adopted. A decision in writing will be rendered in 30 days. Application of Skaggs Companies, Inc. dba Skaggs Store #199, Foothills Fashion Mall, 215 Foothills Parkway for a 3.2% Fermented Malt Beverage License, approved Attorney Martin Zerobnick, Attorney for the Skaggs Company, called Mr. Jack Reese (John B. Reese) who was sworn by the court recorder to give testimony. Mr. Reese, 10295 E. Evans, Denver, Colorado, District Manager for Skaggs Drug Center, spoke in favor of the application and described the nature of the business proposed, being a retail drug store. Chairman Robotham inquired what percentage of the stores in the district had 3.2 Fermented Malt Beverage Licenses. Mr. Reese responded that approximately 75% of the stores had licenses in a total of 17 stores. My. David E. Hoke, 4124 South Quincy Street, Denver, Colorado, gave testimony on the manner of soliciting signatures on applicants-eicibit "A", being a petition containing 267 signatures, obtained within applicants exhibit "C", City of Fort Collins boundary map. Mr. Hoke had previously been sworn by the court recorder. Chairman Robotham inquired if Mr. Hoke was an employee of Skaggs. Mr. Hoke answered that he was employed by Market Services Associates as a professional petitioner, and had been employed for this service by Skaggs Counsel. Mr. Frank E. Striker, 1321 Elati, Denver, Colorado, was sworn by the court recorder and gave testimony on consumer serveys and petitions. Mr. Striker had solicited the signatures on applicants exhibit "B", a petition circulated in the Mall area to owners or managers, the exhibit contained 24 signatures. Chairman Robotham inquired if there were any protestants to the appli- cation. No protests expressed. The Chairman then stated the Authority could decide on the application at the present or take it under advise- ment. Authority member Baldivia made a motion, seconded by Sheila Hendrick, that the application for a 3.2% Fermented Malt Beverage License for Skaggs Companies, Inc., be approved. The Chairman put the motion which was unanimously adopted. `e r M of A written decision in writing will be rendered in 30 days. Boundaries established for a Retail Liquor Store License expansion for Ace Liquors, 200 East Mountain Avenue Attorney Timothy Hassler, representing the applicant, upon conferring with City Attorney Myatt, requested the boundaries for the expansion be established as a area represented by a one mile radius. The Authority had previously decided that the expansion is substantial and required a hearing. Authority member Baldivia made a motion, seconded by Elton Collins, to establish the boundaries as a one mile radius of the establishment. The Chairman put the motion which was unanimously approved. The final hearing date for this application has been set for a special meeting of September 3, 1974 at 7:30 P.M Boundaries established and final hearing date set for a 3.2% Fermented Malt Beverage applica- tion from Glen Gates dba Thrifty Foods, 1100 West Mountain Avenue Chairman Robotham inquired if the applicant was present or represented by Counsel. Mr. Gates was not present. City Clerk, Verna Lewis, informed the Authority that Mr. Gates is also the holder of an existing 3.2% Fermented Malt Beverage License at 1205 West Elizabeth. Authority member Hendrick made a motion, seconded by Rudy Baldivia, to establish the boundaries as 2,000 feet in each direction and set the hearing date for September 18, 1974. The Chairman put the motion which was unanimously adopted. Boundaries established and final hearing date set for a 3.2% Fermented Malt Beverage appli- cation from Donald Redmond dba Fat Man's Pizza Pub, 2900 Harvard Attorney Dennis E. Wolf, representing the applicants requested that the boundaries be set as follows: On the south the City Limits; on the west Shields Avenue, coming east on Shields at Drake to College Avenue; north on College to Prospect; making Prospect the northern boundary, and on the east the City Limits. rc%v u a 0 Chairman Robotham requested that Attorney Wolf identify 2900 Harvard. Mr. Wolf stated it was the east half of the old S $ H Redemption Center. Authority member Hendrick made a motion, seconded by Elton Collins, to accept the boundaries as suggested by the applicant and set the hearing date as September 18, 1974. The Chairman put the motion which was unanimously adopted. Boundaries established and final hearing date set for a 3.2% Fermented Malt Beverage application for National Convenience Stores, Inc., dba Shop 'n Go Markets, 802 South College Avenue Chairman Robotham inquired if the applicant was present or represented by Counsel. No one present representing the applicant. Authority member Collins made a motion, seconded by Rudy Baldivia, to establish the boundaries as 2,000 feet in each direction and set the hearing date for September 18, 1974. The Chairman put the motion which was unanimously adopted. Boundaries established and hearing date set on an application for a 3.2% Fermented Malt Beverage License from National Convenience Stores, Inc. dba Shop in Go Markets, 1330 West Elizabeth Authority member Hendrick made a motion, seconded by Rudy Baldivia, to establish the boundaries as 2,000 feet in each direction and set the hearing date for September 18, 1974. The Chairman put the motion which was unanimously adopted. Hearing dates established on an application for a Hotel -Restaurant extended hours Liquor License for Monte Carlo Lounge, 830 North College Avenue Mr. Jim Campbell representing the applicant, was present and stated the applicants had no preference as to boundaries. Boundaries are to be established at the preliminary hearing date. Authority member Collins made a motion, seconded by Rudy Baldivia, to establish the hearing dates as follows: (1) Preliminary hearing on September 18, 1974 (2) Final hearing on October 16, 1974. The Chairman put the question which was unanimously adopted. ^O so ft Renewal application for a 3.2% Fermented Malt Beverage License from Vernie Valdez dba Pine Tavern, 244 Pine Street approved City Clerk, Verna Lewis, stated the Police Department report stated in part,"no violations for the above named establishment in the past year; no legal basis to recommend denial of this renewal application at the present time". Authority member Baldivia made a motion, seconded by Sheila Hendrick, to approve the renewal application from Vernie Valdez for a 3.2% Fermented Malt Beverage License. The Chairman put the motion which was unanimously adopted. Renewal application for a 3.2% Fermented Malt Beverage License from Edwin Massey dba Round the Corner Restaurant, 1221 West Elizabeth, approved City Clerk, Verna Lewis, stated the Police Department report stated in part, "no violations for the above named establishment in the past year; no legal basis to recommend denial of this renewal application at the present time". Authority member Hendrick made a motion, seconded by Elton Collins, to approve the renewal of a 3.2% Fermented Malt Beverage License from Edwin Massey dba Round the Corner Restaurant. The Chairman put the motion which was unanimously adopted. Renewal application for a 3.2% Fermented Malt Beverage License from Frank Javier Perez dba Pancho's 1802 North College Avenue, approved City Clerk, Verna Lewis, stated the Police Department report stated, in part, "no violations for the above named establishment in the past year; no legal basis to recommend denial of this renewal application at the present time". Authority member Baldivia made a motion, seconded by Sheila Hendrick, to approve the application for renewal of a 3.2% Fermented Malt Beverage License from Frank Perez dba Pancho's, 1802 North College Avenue. The Chairman put the motion which was unanimously adopted. Annlication for expansion of premises submitted by Darrel Blake dba Johnny's Liquors, found sub- stantial; set for hearing Mr. Warren Sopkowski, 1612 West Prospect Street, Manager of Johnny's Liquors, presented a sketch of the proposed expansion, mainly to move Page 8 40 ft to an additional 14 feet to expand the cold box and wine section. Chairman Robotham stated the purpose of the hearing was to determine whether the expansion was substantial and if it is substantial, the hearing procedures for a new application should be followed. Authority member Collins inquired into the size of the existing estab- lishment. Mr. Sopkowski stated the facility was 28'x42'; the addition would add 1/3 more area. Also, Mr. Sopkowski stated they did not presently have a receiving area which the expansion would provide a receiving area. Assistant City Attorney Myatt reviewed the guide lines on expansions below: F. Whether or not a requested enlargement, modification or expansion is substantial within the meaning of this rule shall be determined on the basis of the following: (1) The extent of the enlargement, modification or ex- pansion in relation to the size and area of the existing establishment used in connection with the license. (2) Whether the licensee's abilities to serve the needs of the neighborhood will increase in a substantial manner because of the proposed expansion, enlargement or modification. (3) Whether it appears that the proposed enlargement, expansion or modification will change the character of the existing retail liquor outlet. (4) What changes, if any, appear to have occurred in the relevant neighborhood in terms of changes in the use of the surrounding land since the date the license was first issued, the number of people regularly coming to or through the neighborhood and the number of people now residing in the relevant neighborhood. (5) The licensee's reasons for requesting the proposed enlargement, modification or expansion. Chairman Robotham stated he felt the proposed expansion was substantial and therefore should be treated as a new application. Authority member Hendrick stated, as compared to the expansion at the Northern Hotel, she did not feel that the expansion was 'substantial. Mr. Sopkowski stated he wished to add some information for the Authority's consideration: (1) Beer deliveries are made.two or three times a week and under the present space limitation, it is almost impossible to get enough beer to hold between deliveries. ft (2) The facility is so small for the amount of volume that is sold that cases are stored on the floor, seven to eight feet high. (3) Beer companies have put liquor stores on a quota, at the present tune Johlnny s is receiving 80% of the volume sold last year, further, this year beer sales are up 30% over what they were last year, therefore, they are getting about 1/2 of what they should for what they can sell; mainly because of lack of storage. Assistant City Attorney Myatt stated he felt that a business that expands 500 of what is is now is substantial. Au'utority member Baldivia stated he felt the expansion was substantial. Authority member Collins concurred. Authority member Collins made a motion, seconded by Rudy Baldivia, that the Authority find that the proposed expansion for Darrel Blake dba Johnny's Liquors, 111 West Prospect, is substantial. The Chairman put the motion with the following vote: Yeas: Baldivia, Collins and Robotham. Nays: Hendrick. City Attorney Myatt inquired of Mr. Sopkowski if he was aware of the significance of the vote of the Authority. Mr. Sopkowski replied he was not. Mr. Myatt stated a new application must be filed in -the City Clerk's office with two hearings, the same as if they were applying for a new license, requiring publishing of notice and posting the premises. The public would have input and the applicant would have the burden of showing that the reasonable needs of the neighborhood are not being met. Chairman Robotham requested that Mr. Blake be notified of the ruling of the Authority. Authority member Hendrick made a motion, seconded by Rudy Baldivia, to set the preliminary hearing date as September 18, 1974 and the final hearing date as October 16, 1974, subject to filing an application and having everything in order prior to the preliminary hearing. The Chairman put the motion which was unanimously adopted. Special Events Permit to serve beer, wine and liquor on September 7, 1974 by the American Legion, Alonzo Martinez Post #187, approved City Clerk, Verna Lewis, read the following Police report at length: GKV 1V of On July 24, 1974, the above named organization made application for a Special Events Permit for the Holy Family Hall, 326 North Whitcomb Street, Fort Collins. On July 26, 1974, this officer received the applica- tion for review. The permit will be used on September 7, 1974 from 8:00 P,M, to 12:00 Midnight. This officer has checked the records of the Fort Collins Police Department and found no violations for the above named organization in the past year. This organization has been granted two such permits prior to this application. One event has taken place with no incident, This officer can find no legal basis to recommend denial of this permit at the present time, Respectfully omitted, , r n e 1 H. Bean Investigative Division . -,� Ralph M, Smith Chief of Police DHB/sg Authority member Baldivia made a motion, seconded by Elton Collins, to approve the Special Events Permit. The Chairman put the motion which was unanimously adopted. Resolution adopted regarding Findings on an application for a 3.2% Fermented Halt Beverage License from Denver Pizza, Inc. City Clerk, Verna Lewis, summarized the following resolution for the Authority: RESOLUTION OF THE LIQUOR LICENSING AUTHORITY OF THE CITY OF FORT COLLINS CONCERNING AN APPLICATION FOR A CLASS A LICENSE TO SELL NON -INTOXICATING MALT LIQUOR AND SETTING FORTH THE FINDINGS OF THE LIQUOR LICENSING AUTHORITY ON SAID APPLICATION ..Y" yy The application of Denver Pizza, Inc. d/b/a Pizza Hut for a Class A License for the sale of non -intoxicating malt liquor came on for hearing on July 17, 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 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 2631 South College Avenue, Fort Collins, Colorado, said site being occupied as a pizza restaurant, 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 substantial testimony or petitions were pre- sented contrary to this postition of the applicant. 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: V 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 Denver Pizza, Inc., d/b/a Pizza Hut for a Class A License for the sale of non -intoxicating malt liquor at 2631 South College Avenue, 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. Passed and adopted at a regular meeting of the Liquor Licensing Authority of the City of Fort Collins, Colorado, held this 21st day of August A.D., 1974. Chairman ATTEST: City Clerk ..6- .' so Authority member Hendrick made a motion, seconded by Rudy Baldivia to adopt the resolution. , The Chairman put the motion which was unanimously adopted. Resignation of Authority member Hendrick accepted with regret Chairman Robotham read the following letter at length: 1229 Columbine Court Fort Collins, Colorado 80521 August 21, 1974 To: Verna Lewis, City Clerk, Fort Collins Liquor Licensing Authority, and Fort Collins City Council It has been a great pleasure serving on the Liquor Licensing Authority for the past year. However, career opportunities have made it necessary for me to move from Fort Collins in September. Therefore, I am submitting my resignation, to be effective tonight. Thank you for the opportunity to serve on this city commission. Very truly yours, n Sheila Hendrick Authority member Collins made a motion, seconded by Rudy Baldivia, to accept the letter of resignation with regret. The Chairman put the motion which was unanimously adopted. Adjournment Authority member Hendrick made a motion, seconded by Elton Collins, that the Authority adjourn. The Chairman put the motion which was imo y adopted. i ATTEST: Secretary