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HomeMy WebLinkAboutLiquor Licensing Authority - Minutes - 07/17/1974LIQUOR LICENSING AUTHORITY July 17, 1974 7:30 P.M. Present: Rosemarie Fentress Donald Robotham Rudy Baldivia Sheila Hendrick Absent: Elton Collins Staff present: Myatt, Smith and Lewis Minutes of June 19, 1974 meeting approved Authority member Baldivia made a motion, seconded by Rosemarie Fentress, that the minutes of the June 19, 1974 regular meeting be approved as published. The Chairman put the motion which was unanimously adopted. Hearing on application for a 3.2% Fermented Malt Beverage License by Denver Pizza, Inc. dba Pizza Hut, 2631 South College Avenue The Chairman read at length the hearing procedures. The applicant was -cepresented by Counsel, John W. Weaver, Attorney, 234 Columbine Street, Denver, Colorado, 80206. City Attorney, Ramsey Myatt, informed the Authority that the necessary publication in the newspaper had been accomplished and the posting of the premises had been done as evidenced by the Police Department check sheet. Mr. Art Ketter, 2301 Dotsero Avenue, Loveland, Colorado, was called by Mr. Weaver to give testimony on petitions that were circulated in the neigh- borhood and was sworn by the Court recorder. Mr. Ketter is the manager of the Loveland Pizza Hut. Mr. Ketter obtained the signatures on applicants Exhibit B. Mr. Terry Leonard Mathias, 211 East Mulberry #6, was next called to give testimony and sworn by the Court recorder. Mr. Mathias is currently the Assistant Manager of the Loveland Pizza Hut and a circulator of petitions for the applicant. Mr. Mathias presented Applicant's Exhibit A. Mr. Bernard Ira Rogers, 1109 Sumac Street, Longmont, Colorado, area general manager for Denver Pizza, Inc, was called to give testimony and was sworn by the Court recorder. He gave testimony as to the number of outlets in the area under his jurisdiction and the proposed outlet operation. At the present time the outlet manager has not been selected. City Attorney , Ramsey Myatt, inquired of Mr. Rogers how long he had been N N Page 2 area general manager; if there had been any infractions or violations of the law during that time. Mr. Rogers replied he has been here for two years with no difficulties. The Chairman polled the members of the Authority and it was unanimous that a decisibn be given now. Authority member Fentress made a motion,,seconded by Sheila Hendrick, that the application for a 3.2% Fermented Malt Beverage License submitted by Denver Pizza, Inc. dba Pizza Hut, be approved. The Chairman put the motion which was unanimously approved. At this time the Attorney advised the Attorney for the peittioners that a decision in writing would not be issued until the next meeting. Preliminary hearing on Hotel -Restaurant Liquor License submitted by Harvey L. Farr and Billy Jack Dahlem dba St. George and the Dragon, 246 North College Avenue Mr. Eric Philp, 1508 South Whitcomb, representing the petitioner, spoke to the need for such a license and the proposed operation if the application is approved as follows: The intent of this request is to show the variety of community services that can be offered by the procurring of this license. We feel that a Hotel -Restaurant Liquor License will enable us to utilize our facility to its greatest capacity. At this time we can provide a limited service to a limited part of our cityls population. We have been successful at attracting college student trade, but have alienated the main portion of the community. We wish to serve this city by offering services that are non-existant and/or limited at this time. 1. Banquet facilities for proms, conventions, business meeting, benefits for service organizations, ect. With a seating capacity of over 400 our facility will accommodate more than twice as many people as any other restaurant in Fort Collins. 2. Opportunity to provide Dinner Theater - again, fully utilizing existing facilities. (e.g. stage, lighting and sound system) 3. Nationally known groups are more amenable to playing in a full service club with older patrons than in a club catering to pre- dominately young college age people. a 0 Page 3 We feel there is a definite need for such a service in our community and by granting this license, we will be able to provide a truly multi-facited restaurant that will appeal to the total population of Fort Collins. City Attorney, Ramsey Myatt, asked if the petitioner had a preference in the boundaries of the area to be served. Mr. Philp stated his preference was the City limits. Authority member Sheila Hendrick made a motion, seconded by Rosemarie Fentress, to establish the City Limits as the boundaries of the area to be served. The Chairman put the motion which was unanimously adopted. The petitioners were advised that if any remodeling was anticipated that the plans needed to be submitted to the City Clerk prior to the final hearing scheduled on August 21, 1974. Application for transfer of license submitted by David P. ,Kollmeier• dba Isle of 7-Seas withdrawn City Clerk, Verna Lewis, presented to the Authority Mr. Kollmeier's letter asking to withdraw his application to transfer the license of Isle of 7-Seas. Local Liquor Licensing Authrity Attention: Verna Lewis, This is official notice that I hereby withdraw my application for a 3.2% Fermented Malt Beverage License transfer. /s/ David P. Kollmeier Authority member Fentress made a motion, seconded by Rudy Baldivia, to grant Mr. Kollmeier's request for withdrawal. The Chairman put the motion which was unanimously adopted. Application for transfer of ownership sub- mitted by Paul W. Miller dba Toot 'n Moo, 800 North College Avenue, approved City Attorney, Ramsey Myatt, reviewed the application for the Authority and stated it is in proper form. 0 a Page 4 City Clerk Verna Lewis reported that the Police Department report could find nothing to recommend denial of the application. Authority member Baldivia made a motion, seconded by Sheila Hendrick,to approve the application for transfer of ownership from Del S. Bickel to Paul W. Miller dba Toot n' Moo, 800 North College Avenue, for a 3.2% Fermented Malt Beverage License. The Chairman put the motion which was unanimously adopted. Application for expansion of premises submitted by Darrel S.-Blake dba Johnny's Liquors, 1l1 West Prospect Street tabled Upon inspection of the application for expansion, it was the consensus of the Authority that more information was desired before the item would be considered as the proposed expansion consisted of approximately 50% more floor space. Authority member Hendrick made a motion, seconded by Rosemarie Fentress, to table action on the application for expansion of Johnny's Liquors to the August 21, 1974 meeting in order to get more detailed information. The Chairman put the motion which was unanimously adopted. Application for change in ownership and application forexpansionof premisesforAce Liquors considered; set for hearing City Clerk, Verna Lewis, advised the Authority that Items 4-D and 4-E on the agenda were related and could be considered together, however, any action should be done on each item separately. Regarding the application to change ownership from a single ownership to a partnership, the City Attorney noted there was nothing adverse in the qualifications of the new;, applicants' background and the background of Mr. Miklos had already been investigated in the original application. Authority member Rosemarie Fentress made a motion, seconded by Sheila Hendrick, to approve the application changing the ownership structure from a single person to a partnership with Gustav Miklos, Marlin D. Glantz and Harold W. Kuemmerlin dba Ace Liquors, 200 East Mountain Avenue. The Chairman put the motion which was unanimously adopted. The Authority next considered the request for expansion of the premises. The Authority studied at length the plans for expansion and the recommenda- tion submitted by the administration. TO: Liquor Licensing Authority FROM: Verna Lewis, City Clerk SUBJECT: Expansion - Ace Liquors 1/ a0 Page 5 The Fort Collins Code of Ordinances provides as follows: i1123-7. Expansion of existing licensed establishments. A. No person holding a license shall expand, enlarge or modify the premises at which he is licensed to do business or in other ways alter the premises different from that as shown in the plans and specifications originally submitted at the time of obtaining the original license until lie obtains written permission to do so from the local licensing authority of the City of Fort Collins and State of Colorado Licensing Authority. B. Request for proposed expansion, enlargement or modification of an existing licensed outlet shall be on such forms as are provided therefor by the State Licensing Authority, and in addition on such forms as may hereafter be provided by the City of Fort Collins. Said requests shall be accompanied by adequate plans and specifications which shall be sufficient to advise the licensing authority of the scope and nature of the proposed request. C. The requests shall be filed with the City Clerk of the City of Fort Collins who shall, at the next regular meeting of the City Council, notify the local licensing authority of the filing of said request. D. At the time the request is so forwarded oorhe local his licensing orized gent authority or thereafter, the City Manager shall forward to the licensing authority his report setting forth the nature of the proposed request for enlargement, modification or expansion of an existing outlet and whether in his opinion a hearing should be held prior to the licensing authority's final disposition of said request. The State requires no such additional approval; and the Building Inspection Office cannot withhold a building permit. Consequently the remodeling is in progress prior to approval of the expansion by the Authority. I therefore wish to advise you that: 1. The proposed expansion will increase From an approximate 676 square feet to an addition of 784 square feet, or an approximate increase __of 110%. 2. The licensee's abilities to serve the needs of the neighborhood will increase in a substantial manner. 3. Upon inspection of the outlet it was felt the expansion will change the character of the existing retail liquor outlet. Therefore it is the recommendation of the Administration that the requirements for publishing notice, posting notice and the scheduling of the hearing as apply to a new license be observed. ►_.J a Page 6 Chairman Robotham in fired in to the extent of the remodeling. Dr. Kuemmerlin spoke to the location of the coolers and display items and requested a variance to allow them to open in two days as scheduled. Mr. Miklos further testified to the hardship he would incur, financially, if he were forced to remain closed pending the hearing. Assistant City Attorney Myatt responded to inquiries of the Authority as to the actual space the applicants were legally authorized to occupy. His ruling, was that it was only that portion which was granted in the original license. He further suggested that perhaps Mr. Glantz could put up a temporary barricale which would allow them to utilize the original licensed area. The applicants stated this could not be accomplished because of the cooler areas and display area locations. Assistant City Attorney Myatt further advised the applicants that if they proceeded with using the expanded area, they would be in violation of the ordinance, further that the Police Department would have to take action. It was a unanimous decision of the Board that this does constitute a sub- stantial change and does have to comply with the rules of procedure for such. City Clerk, Verna Lewis, advised the Authority that she had been in contact with Mr. Miklos and his Attorney, Mr. Hassler, and advised them of the recommendation of the Administration. Authority member Baldivia made a motion, seconded by Rosemarie Fentress, that the proposed expansion is substantial and requires the posting and publishing and scheduling of hearings; preliminary hearing on August 21, 1974, and final hearing at a special meeting on September 3, 1974. The Chairman put the motion which was unanimously adopted. Application for modification by out of Bounds Restaurant, 200 West Mountain, approved City Clerk, Verna Lewis, reviewed the modifications for the Authority, as the construction of an external wall, not affecting seating capacity. Authority member Hendrick made a motion, seconded by Rudy Baldivia, to approve the modifications. The Chairman put the motion which was unanimously adopted. Renewal application from Ray's Little Super Market, 622 North College Avenue, for a 3.2% Fermented Malt Beverage License approved City Clerk, Verna Lewis, informed the Authority that this was a routine renewal application; the Police Department report states in part, (1) "no violations during the past year, and (2) "no legal basis to recommend denial of this application at the present time". Page 7 Authority member Fentress made a motion, seconded by Rudy Baldivia, to approve the renewal application by Ray's Little Super Market, 622 North College Avenue, for a 3.2% Fermented Malt Beverage license. The Chairman put the motion which was unanimously adopted. Renewal application from Safeway Stores, Inc., 425 South College Avenue, for a 3.2% Fermented Malt Beverage License, approved City Clerk, Verna Lewis, informed the Authority that this was a routine renewal; the Police Department report stated in part,(1) no violations during the past year, and no legalbasis to recommend denial of this appli- cation at the present time". Authority member Baldivia made a motion, seconded by Sheila Hendrick, to approve the renewal application by Safeway Stores, Inc., 425 South College Avenue, for a 3.2% Fermented Malt Beverage License. The Chairman put the motion which was unanimously adopted. Renewal application from Safeway Stores, Inc., 105 West Prospect Street, for a 3.2% Fermented Malt Beverage License, approved City Clerk, Verna Lewis, informed the Authority that this was a routine renewal, the Police Department report stated in part, (1) " no violations for the above establishment with the past year", and (2) "no legal basis to recommend denial of renewal application at the present time". Authority member Hendrick made a motion, seconded by Rosemarie Fentress, to approve the renewal application from Safeway Stores, Inc., 105 West Prospect Street, for a 3.2% Fermented Malt Beverage License. The Chairman put the motion which was unanimously adopted. New application for a 3.2% Fermented Malt Beverage License from Skaggs Companies, Inc., accepted; boundaries established, and hearing date set City Clerk, Verna Lewis, presented this application to the Authority, noting that the application forms were deficient in the prop date. er signatures. She assured the Authority that the application would be complete by the hearing Authority member Fentress made a motion, seconded by Sheila Hendrick, to accept the application, establishing the boundaries of the area to be served as 2,000 feet in each direction and the hearing date as August 21, 1974 subject to proper completion of the application. The Chairman put the motion which was unanimously adopted. L— 40 Page 8 Adjournment There being no further business, Authority member Fentress made a motion, seconded by Rudy Baldivia, to adjourn. The Chairman put the motion which was unanimously adopted. i ATTEST: Secretary