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HomeMy WebLinkAboutLiquor Licensing Authority - Minutes - 05/15/1974LIQUOR LICENSING AUTHORITY May 15, 1974 7:30 P.M. Present: Donald Robotham Rosemarie Fentress Rudy Baldivia Join Batson Absent: Sheila Hendrick Staff members present: Kelly, Myatt and Hoffman. Minutes of April 17, 1974 meeting approved Authority member Rosemarie Fentress made a motion, seconded by Rudy Baldivia to approve the minutes of the regular meeting held on April 17, 1974. The Chairman put the motion which was passed unanimously. Hearings Chairman Robotham stated that in an effort to conserve time, the hearing procedures would be read only once; he inquired if the M.I.C. Corporation dba Little Caesar's and Straw Hat Pizza Palace were represented either in person or by Counsel? Each applicant responded to the Chairman their agreement to the procedure. The Chairman next inquired to the presence of any protestants to either of the applications. There was one, Mrs. Mildred Jensen, and she was in agreement to having the hearing procedures read only once. The Chairman read the hearing procedure at length. Application from M.I.C. Corporation dba Little Caesar's, 1301 West Elizabeth Street for a 3.2% Fermented Malt Beverage License approved. Mr. David Wood, Attorney, representing M.I.C. Corporation, called on Mr. James Kennedy, the President of M.I.C. Corp. He was sworn by the court reporter and proceded to give testimony in support of this application. Mr. Kennedy presented Exhibits A through H to the Authority supporting this application. Authority member Baldivia made a motion, to approve the application for a 3.2% Fermented Malt Beverage License by M.I.C. Corp. dba Little Caesar's, 1301 West Elizabeth Street, seconded by Rosemarie Fentress. The Chairman put the motion which was approved unanimously. Application from The Straw Hat Restaurant Corporation dba Straw Hat Pizza Palace, 2500 block of South College Avenue, for a 3.2% Fermented Malt Beverage License taken under advisement Mr. Ralph Parden, Attorney for the applicants called on Jim Ellis, Manager of the Straw Hat Pizza outlet in Loveland, tie was sworn by the Court 40 a rage 4 Recorder and proceeded to give testimony regarding the type of business the Straw Hat Restaurant Corporation operate. He presented exhibits A and B to the Autho- rity in support of this application. The Attorney next called Mr. Carlton E. Wood, Jr., of 3120 Elmwood Avenue, Oklahoma City, Oklahoma, and he was sworn by the Court Recorder. Mr. Wood is the Regional Operations Director for Straw Hat Restaurant Corporation and he covers the State of Colorado. He gave testimony as to the corporate stricture of the business and policies covering the operation. Mr. Wood presented exhibits C-1 through C-3 in support of the application. Mrs. Mildred Jensen was next called as a protestant and sworn by the Court Recorder. She presented a petition protesting the issuance of a beer license to this applicant as Protestants exhibit No. 1. The Chairman advised the applicant that this application would be taken under advisement and a decision would be rendered in 30 days. Authority member Batson arrived during discussion of the Straw Hat Pizza Palace application. Renewal of a 3.2% Fermented Malt Beverage License for Del Bickel dba Toot n Moo, 830 North College Avenue approved Deputy City Clerk, LaVonne Hoffman, informed the Authority that this was a routine renewal application and that the Police Department report stated in part "can find no legal basis to recommend denial of this application at the present time". Authority member Baldivia made a motion to approve the renewal of a 3.2% Fermented Malt Beverage License for Del Bickel dba Toot n Moo at 830 North College, seconded by Rosemarie Fentress. The Chairman put the motion which was passed unanimously. Renewal of a 3/2% Fermented Malt Beverage License for Pitzelle, Ltd., 119 West Oak approved Deputy City Clerk, LaVonne Hoffman, informed the Authority that this was a routine renewal application and that the Police Department report states in part "can find no legal basis to recommend denial of this application at this time. Authority member Fentress made a motion to approve the renewal of a 3.2% Fermented Malt Beverage License for Pitzelle, Ltd., 119 West Oak Street, seconded by Rudy Baldivia. The Chairman put the motion which was passed unanimously. Change in ownership structure for the Northern Hotel Restaurant and Lounge Inc., approved. Previously this establishment was tinder a partnership type of ownership. The current application is to change that to a corpoxat.ion ownership. 40 N rage Authority member Batson made a motion, seconded by Rudy Baldivia, to approve the change in ownership. The Chairman put the motion which was passed unanimously. Resolution setting forth findings of the Authority on the hearing for Colorado Sea Food Shoppes, Inc., dba Long John Silver's Sea Food Shoppe adopted Authority member Fentress made a motion to adopt the resolution setting forth the findings of the hearing on Colorado Sea Food Shoppes, Inc., dba Long John Silver'„ Sea Food Shoppes application for a 3.2% Fermented Malt Beverage License, seconded by John Batson. The Chairman put the motion which was unanimously adopted. RESOLUTION OF THE LIQUOR LICENSING AUTHORITY OF THE CITY OF FORT COLLINS CONCERNING AN APPLICATION FOR A CLASS C LICENSE TO SELL NON -INTOXICATING MALT LIQUOR AND SETTING FORTH THE FINDINGS OF THE LIQUOR LICENSING AUTHORITY ON SAID APPLICATION The application of Colorado Sea Food Shoppe.s, Inc., d/b/a Long John Silver's Sea Food Shoppe, for a Class C License for the sale of non -intoxicating malt liquor came on for hearing on April 17, 1974, before the Liquor Licensing Authority of the City of Fort Collins, and the Liquor Licens- ing 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 2635 South College Avenue, Fort Collins, Colorado, said site being occupied as a 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: 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 Colorado Sea Food Shoppe.s, Inc., d/b/a Long John Silver's Sea Food Shoppe, for a Class C License for the sale of non - intoxicating malt liquor at 2635 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 40 40 Page 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 17th day of April A.D., 1974. chairman 'rman ATTEST: zzz Ci y Cletk Resolution setting forth findings of the Authority on the hearing for Richard White and James C. Brown dba Linden Street Exchange adopted Authority member Fentress made a motion to adopt the resolution setting forth findings of the Authority on a hearing for a 3.2% Fermented Malt Beverage License submitted by Richard White and James C. Brown dba Linden Street Exchange seconded by John Batson. The Chairman put the motion which was unanimously adopted. RESOLUTION OF THE LIQUOR LICENSING AUTHORITY OF THE CITY OF FORT COLLINS CONCERNING AN APPLICATION FOR A CLASS C LICENSE TO SELL NON -INTOXICATING MALT LIQUOR AND SETTING FORTH THE FINDINGS OF THE LIQUOR LICENSING AUTHORITY ON SAID APPLICATION The application of Richard White and James C. Brown, d/b/a The Linden Street Exchange, for a Class C License for the sale of non -intoxicating malt liquor came on for hearing 4 ft rage o on April 17, 1974, before the Liquor Licensing Authority o� 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 242 Linden Street, Fort Collins, Colorado, said site being occupied as a night club, 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 now constructed; however, the plans and specifications of the applicant show that the applicant proposes to improve said premises to accomodate the proposed licensed premises and no license should issue until the construction is com- pleted 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 CFty of Fort Collins. tt is therefore the opinion and finding of the Liquor Licensing Authority that: go 00 raKc , 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 Richard White and James C. Brown, d/b/a The Linden Street Exchange, for a Class C License for the sale of non -intoxicat- ing malt liquor at 242 Linden Street, 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 17th day of April ATTEST: Ci y Clark A.D. 1974. CTiairAan so ft Page 8 Discussion on Straw Hat Pizza License License approved The Authority discussed this application at length reviewing the petition protesting the granting of the license, the type of proposed establishment and the business already in the area. Mr. Batson abstained from the voting since he arrived at the meeting after the discussion of this matter started. Authority member Fentress made a motion to grant the license for a 3.2% Fermented Malt Beverage License to Straw Hat Pizza Palace, seconded by Chairman Robotham. The chairman put the motion and voting was as follows: Yeas: Fentress, Robotham. Abstain: Batson. Nays: Baldivia. There being no further business, Rosemarie Fentress made a motion to adjourn, seconded by John Batson. The Chairman put the motion which was unanimously adopted. ATTEST: 1 Acting Secretary