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HomeMy WebLinkAboutLiquor Licensing Authority - Minutes - 11/19/1975LIQUOR LICENSING AUTHORITY November 19, 1975 Regular Meeting - 7:30 P.M. Present: Rudy Baldivia Linda Renz Carlos Seegmiller Ed Stoner Absent: James MacNair Staff Members Present: Lt. Gary Perman and Verna Lewis Also: Assistant City Attorney, Ramsey Myatt Minutes of the October 22, 1975 Meeting Approved As Corrected Authority member Rudy Baldivia stated that the vote as recorded on page 5, relating to the application for Sportsman's Bar was incorrect. It should read as follows: Yeas: MacNair, Seegmiller and Stoner; Nays: Baldivia; Abstain: Renz. Authority member Stoner made a motion seconded by Authority member Renz.to approve the minutes as corrected. The Chairman put the motion which was unanimously adopted. Hearings Chairman, Carlos Seegmiller, read the Rules of Procedure at length listing all of the applications set for final hearing for either a Liquor License or a 3.2% Fermented Malt Beverage License. Application for a Wine and Beer License for Pelican Fish, Inc. dba Pelican Pete's Fish Market and Oyster Bar, 3512 South Mason Street, Approved City Clerk, Verna Lewis, read the resolution at setting forth the findings from the preliminary hearing. Authority member Stoner made a motion, seconded by Rudy Baldivia to adopt the resolution. The Chairman put the motion which was unanimously adopted. RESOLUTION OF THE LIQUOR LICENSING AUTHORITY OF FORT COLLINS SETTING FORTH FINDINGS ON A PRELIMIN- ARY HEARING ON A LIQUOR LICENSE APPLICATION WHEREAS, heretofore, Pelican Fish, Inc., doing business as Pelican Pete's Fish Market and Oyster Bar, made applica- tion to the Liquor Licensing Authority for a beer and wine liquor license; and 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 19th day of November, 1975: 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- 2. That the boundaries of the neighborhood to be served by this applicant are as follows West to the City Limits, North to Drake Road, East to a line parallel to Lemay Avenue, South to the City Limits of Fort Collins. 3. That the necessary notice of hearing by publication and by posting of the premises has not been given as provided bylaw, 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. 5. That the application is in proper form and will be heard by the authority on November 19, 1975. Passed and adopted at a regular meeting of the Liquor Licensing Authority held this 19th day of November, 1975. ATTEST: City er -3- The Chairman next inquired if the applicants were ready to proceed with the hearing and if there were any other interested parties present. Mr. David Wood, Attorney, representing the applicants, presented to the City Clerk, a letter of reference to complete the file before proceeding. The first person called was Fred J. Oliver, 725 South Taft Hill Road. Mr. Oliver was duly sworn by the Court Recorder and gave testimony regarding his capacity in the corporation and management of this proposed operation. Mr. Oliver also spoke to the type of operation this applicant proposes. Applicant's exhibit "A" was presented to the Authority, being petitions cir- culated in the area to be served as designated by the Authority. Mr. Ray L. Biggs, 775 West Lake, was called and duly sworn by the Court Recorder. Mr. Biggs advised the Authority that he was a petition circulator and obtained approximately 126 signatures, contacting approximately 136 to 140 residences of the neighborhood. The response was favorable to this operation; those opposing did so because of religious beliefs not because the requirements of the neighborhood were already being met. Authority member Stoner made a motion, seconded by Rudy Baldivia to approve the application for a wine and beer license submitted by Pelican Fish, Inc. dba Pelican Pete's Fish and Oyster Bar, 3512 South Mason Street. The Chairman put the motion which was unanimously adopted. Application for a 3.2% Fermented Malt Beverage License for Hibdon, Hibdon and Brew dba Handi- Pak, 1311 North College Avenue, Approved Authority member Renz made a motion, seconded by Rudy Baldivia to remove this item from the table to be considered at this meeting. The Chairman put the motion, which was unanimously adopted. The Chairman inquired if the applicant was present. Attorney David Wood res- ponded that he represented the applicant. The Chairman next -inquired if there was any opposition to the application. Hearing none, the Chairman requested that the hearing proceed. Mr. Kenneth L. Hibdon, 130 Hillcrest Drive, Fort Collins, was called and duly sworn by the Court Recorder. Mr. Hibdon gave testimony as to the location, type of business proposed, and his previous experiences. Applicant's exhibit "A" was presented, being a petition circulated by the applicants to the inhabi- tants of the neighborhood as defined by the Authority. Authority member Baldivia made a motion, seconded by Linda Renz to approve the application for a 3.2% Fermented Malt Beverage License for Hibdon, Hibdon and Brew dba Handi-Pak, 1311 North College Avenue. The Chairman put the motion which was unanimoiusly adopted. -4- • Application for a 3.2% Fermented Malt Beverage License Submitted by Wayne K. Schrader dba City Center Market, 144 North Howes Street, Approved Authority member Renz made a motion, seconded by Ed Stoner to remove this item from the table for consideration. The Chairman put the motion which was unani- mously adopted. Mr. Wayne K. Schrader, applicant was duly sworn by the Court Recorder. Mr. Schrader answered questions from the Authority. City Clerk, Verna Lewis, read the following Police Department report at length: On September 24, 1975, the above named individual made application for a 3.2% Fermented Malt Beverage license. On the same date, this officer received the application for investigation. The following are the results of that investigation: BACKGROUND: Mr. Schrader and his wife Phyllis and three children reside at 800 Garfield Street in Fort Collins. Mr. Schrader has been employed at Schrader Oil Company, 320 North College Avenue since 1954. He has not been convicted of a felony in the past 15 years and records checks show him to have no record except traffic. Mrs. Sandra Goehring, manager of the City Center Market, resides with her husband Larry at 1624 Palm, Apt. A, in Fort Collins. She has resided in Fort Collins since August, 1975. Seven letters of inquiry have been sent with replies being received on five of the seven. Investigation so far has revealed no record except traffic. RECOMMENDATION: �W0 Aside from the three replies not yet received on Mrs. Goehring, this officer can find no legal basis to deny this application. This officer recommends approval contingent upon acceptable replies on Mrs. Goehring. P4r. Schrader spoke to the past experience of Mrs. Goehring, the manager of the outlet. Authority Renz made a motion, seconded by Ed Stoner to approve the application for 3.2% Fermented Malt Beverage License submitted by Wayne K. Schrader dba City Center Market, 144 North Howes Street. The Chairman put the motion which was unanimously adopted. -5- Expansion of TJ's, 142 Linden Street Approved City Clerk, Verna Lewis, read at length the following two letters from the Police Department: In October, 1975, Joseph J. Borghi, DBA, T.J.'s, filed an application for expansion of his premises with the Fort Collins Liquor Licensing Authority. On the 24th of October, 1975, the Authority determined that the expansion would be of a substantial nature, thereby requiring Mr. Borghi to reapply for a totally new license. The Authority also requested that the police department evaluate the effects of the proposed expansion. We can offer no opinion on how the proposed expansion will affect the Police Department or the community. We feel that too many variables exist, all of which are unpredictable. These variables include the size of the expansion, the number of personnel on T.J.'s work force both now and after the expansion, and, finally, the resultant increase or decrease in customers of T.J.'s due to the modifications. We do feel as if we can handle whatever problems might develop as a result of the expansion. On October 21, 1975 at approximately 8:50 p.m., Officer Lynn Wagner of the Fort Collins Police Department was on routine patrol in the bar area when the following incident took place: A seventeen year old Fort Collins youth successfully entered T.J.'s and acquired some beer. The youth was recognized by Officer Wagner from previous contacts and was subsequently arrested. In talking with t I.D.'s are checked at the d the bar prior to that time the beer. Those who are in checked by the bartender o RECOMMENDATION: r This Officer recommends that a written warning be issued to T.J.'s regarding the above incident. Mr. Kenneth C. Wolfe, Attorney, advised the Authority that lie represented the applicant. Mr. Joseph J. Borghi, 2607 Shadow Mountain Drive, was called and duly sworn by the Court Recorder. Mr. Borghi gave testimony as to the type of proposed operation. Applicant's exhibits A-1, A-2, and A-3, being petitions signed by customers of the current establishment known as TJ's were submitted to the Authority. Applicant's exhibits B-1 and B-2, being petitions ciruclated among the businesses in the area and signed by owners of the businesses were submitted. Mr. Borghi stated that he encountered opposition from those businesses surrounding Orion's Belt due to the experiences in that particular block relating to glass breakage and similar problems. The Authority also discussed the recent violation at TJ's involving the sale of beer to a minor. Authority member Stoner made a motion, seconded by Linda Renz approving the application for expansion of premises and direct the City Attorney to prepare a written letter of warning to Mr. Borghi. The Chairman put the motion which was unanimously adopted. City Clerk, Verna Lewis, requested that the following resolution be read: RESOLUTION OF THE LIQUOR LICENSING AUTHORITY OF THE CITY OF FORT COLLINS CONCERNING AN APPLICATION FOR ENLARGE- MENT OF PREMISES OF AN EXISTING NON -INTOXICATING MALT LIQUOR LICENSE AND SETTING FORTH THE FINDINGS OF THE LIQUOR LICENSING AUTHORITY ON SAID APPLICA- TION The application of Joseph Borghi d/b/a TJ's for enlarge- ment of premises of his existing non -intoxicating malt liquor license came on for hearing on November 19, 1975, 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 -7- with the neighborhood for which the enlargement of the licensed premises is sought, now makes the following findings: 1. The license held by the applicant is for location at 142 Linden Street, Fort Collins, Colorado, and the expansion of such licensed premises would include the address known as 220 East Mountain, Fort Collins, Colorado, the enlargement of the premises being sought in connection with the existing business of Joseph Borghi, d/b/a TJ's. 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 enlargement be granted and the needs of the neighborhood require the granting of this application for enlargement. No substantial testimony or petitions were presented 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 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 application for enlargement of the existing licensed premises be granted. B. The needs of the neighborhood require the granting of the application of the enlargement of the existing• licensed premises. NOW, THEREFORE, be it resolved by the Liquor Licensing Authority of the City of Fort Collins that the application of Joseph Borghi, d/b/a TJ's for enlargement of premises of his existing non -intoxicating malt liquor license 142 Linden Street, Fort Collins, Colorado be enlarged to include the premises known as 220 East Mountain, 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. M Passed and adopted at a regular meeting of the Liquor Licensing Authority of the City of Fort Collins, Colorado, held this 19th day of November A.D., 1975. ATTEST: CtyCer Authority member Baldivia made a motion, seconded by Ed Stoner to adopt the resolution as read by the City Clerk. The Chairman put the motion which was unanimously adopted. Preliminary Hearing on an Application for a Retail Liquor Store License Submitted by Rex Stephen Miller dba Tafthill Liquor, 1027 South Taft Hill Road City Clerk, Verna Lewis, advised the Authority that the file is in order and Submitted the following information regarding the licensed outlets within a one mile radius and proposed boundaries. The outlets licensed within a one mile radius are as follows: Hotel -Restaurant License: Chesterfield, Bottomsley and Potts, 1415 W. Elizabeth Retail Liquor Store License: Campus West Liquors, 1107 City Park Avenue The Administration recommends the following boundaries: North from the subject premises to Mulberry Street South from the subject premises to Drake Road East from the subject premises to Shields Street West from the subject premises to Overland Trail -10- Mr. Tom Metcalf, Attorney, advised the Authority that he represents the applicant in this matter. The applicant's request for boundaries are as follows: East to Bryan Avenue, North to the City Limits, South to the City Limits and West to the City Limits. City Clerk, Verna Lewis, advised the Authority that the Administration had no opposition to the proposed boundaries as defined by Mr. Metcalf. Authority member Renz made a motion, seconded by Ed Stoner that the boundaries be set as all of the area inside the City Limits west of Shields Street and the final hearing be scheduled for December 17, 1975. The Chairman put the motion which was unanimously adopted. Wine and Beer Application Submitted by Gaton, III, Inc. dba Canino's Italian Restaurant, Accepted and Hearing Dates Set City Clerk, Verna Lewis, advised the Authority that the application is in proper form and the next two hearing dates are December 17, 1975 and January 14, 1976. Authority member Stoner made a motion, seconded by Rudy Baldivia to accept the application for a Wine and Beer License by Gaton III, Inc. dba Canino's Italian Restaurant, 613 South College Avenue and to set the preliminary hearing for December 17, 1975 and the final hearing for January 14, 1976. Transfer of Ownership from Paul E. Haumont dba Guiseppe's to Guiseppe's of Fort Collins, Inc. dba Guiseppe's, 354 Walnut Street, Approved City Clerk, Verna Lewis, read at length the following report from the Police Department: On November 14, 1975, the above named persons made application for a Beer and Wine License. This officer received the application on the same date. Following are the results of the background investigation: BACKGROUND: Mr. ort Col with theirfournchildren. Theyrhaveeresidedat 534OheressinceeMay, 1972,Fand arelins, both employed at the Townhouse Restaurant. In checking records on Mrs. McMahon, I found no record. -11- In checking records on Mr. McMahon, I found one conviction for Driving Under the Influence of Alcohol in December, 1967; I also found two charges of Public Intoxication in 1969, as well as disturbances and family disputes in 1968. However, checks of records since 1970 show no record. RECOMMENDATION: Although Mr. McMahon has records with several agencies, this officer believes those incidents stemmed from an unsettled family situation which has since been resolved. This officer can find no legal basis to deny this application. Mr. Bruce McMahon and Mrs. McMahon, applicants, were duly sworn by City Clerk, Verna Lewis, then proceeded to give testimony as to the type of operation that will be maintained. The City Attorney, Ramsey Myatt, advised the applicant that a copy of the Certificate of Incorporation was needed to complete the file in the City Clerk's Office. Authority member Renz made a motion, seconded by Rudy Baldivia to approve the application for transfer of ownership of Guiseppe's from Paul E. Haumont to Giuseppe's of Fort Collins Inc., 354 Walnut Street, contingent upon the completing the file in the City Clerk's Office. The Chairman put the motion which was unanimously adopted. (Secretary's Note: File completed on November 26, 1975) Renetyal of Hotel -Restaurant Liquor License with Extended Hours and an Expansion Application for Northern Hotel Restaurant and Lounge, 172 North College Avenue, Approved City Clerk, Verna Lewis read the following report from the Police Department: On November 5, 1975, the above named corporation made application for renewal of their Malt, Vinous and Spirituous Liquor License. On the same date, this officer received the application for review. This officer checked the records of the Fort Collins Police Department and the Larimer County Sheriff's Office and found that during the last year only one disturbance report is on file and this could be classified as a customer problem. The establishment also has one fire code violation, relating to a side door being locked. This situation has been corrected. This officer can find no legal basis to recommend denial of this application at the present time. -12- Mr. William Starke, secretary -treasurer for the Northern Hotel Restaurant and Lounge, Inc., was duly sworn by City Clerk, Verna Lewis. Mr. Starke gave testimony as to the kind of ID checking policy that establishment now has and will continue to follow. Mr. Starke also spoke to the proposed expansion to be used as a dart room. Authority member Stoner made a motion, seconded by Linda Renz 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 and to approve the expansion plans as submitted. The Chairman put the motion which was unanimously adopted. Renewal Application for a Hotel -Restaurant Liquor License for Golden Ram, 214 Walnut Street_ Annrmr City Clerk, Verna Lewis, read the Police Department report at length: On October 20, 1975, the above named corporation made application for renewal of their Beer, Wine and Liquor License. On October 21, 1975, this officer received the application for investigation. The following are the results of that investigation: In checking the records of the Fort Collins Police Department for the period September, 1974 to October, 1975, 11 incident reports were found that occurred at the Golden Ram during this period of time. Of those 11 incidents, two did not directly involve the management of the establishment, but were customer vs. customer disputes of a minor nature. One incident involved an intoxicated patron who was ejected from the bar. However, the remaining eight incidents should be noted by the Authority. One incident concerned Underage Drinking by a female, whose identification, had it been checked by the bartender, showed her to be 20 years of age. Seven incidents involved active physical disturbances, and in five of these disturbances, visible physical injuries were sustained by the patrons involved. Each of these five disturbances involved either Mr. Ramirez or his bartender, Ron Heard, or both. During the investigation following one of these disturbances, Mr. Ramirez reportedly advised one of the participants, in Spanish, not to talk to the police, and not to tell them what had happened (Case #141347 - 9-7-74.) Due to the length of these reports, copies are not included with this letter, however, they are available for your review if you so desire. -13- RECOMMENDATION: A meeting was held with Mr. and Mrs. Ramirez, during which Chief Smith expressed the Police Department's concern with the number of serious incidents that have occurred at the Golden Ram in the past 13 months. Mr. Ramirez was cooperative and advised that he is having an alarm system installed so the Police can be notified immediately in case of trouble. He also stated that he and his employees would notify the Department as soon as problems began to develop, rather than waiting until the situation got out of hand; and that they would not try to handle problems by themselves. Based upon the installation of an alarm system and cooperation by the staff of the Golden Ram, we recommend approval of the application. Mr. Ruben Rameriz, applicant, was called and duly sworn by City Clerk, Verna Lewis, before giving testimony regarding this application. Mr. Rameriz answered direct questions from the Authority. Mr. Rameriz offered the following letter to the Chairman to be read into the record. TO: Division Chief Pat Kelly FROM: Ralph M. Smith, Chief of Police SUBJECT: Golden Ram I had a conference this morning with Mr. Brunton, County Commissioner Bill Lopez, Mr. and Mrs. Ramirez, and Mr. Bill Jackson. As a result of that conference, it was decided that we would not recommend denial of the Golden Ram license but approval would be recommended with the following stipulations: 1. An alarm be installed immediately.. 2. The employees of the Golden Ram would call us when trouble is anticipated rather than after it becomes a fullfledged fight. 3. The curbstone justice heretofore meted out by Mr. Ramirez and his employees be stopped inmediately. Mr. Ramirez agreed to these stipulations and advised that he would cooperate 100%. During the course of the meeting, Mr. Ramirez and his wife both said that we are making an excessive number of bar checks and I.D. checks in their place of business. He mentioned that at one time we had made as high as eight bar checks in a two hour period. He also stated that several police officers have told him or his employees that they have every -14- • intention of closing down his place of business and that they are out to get him, so to speak. He also sighted one incident that happened this past week when three local businessmen came out of his place of business and an officer stated, "What are you doing in there with all of those Mexicans. You could get a knife in your back." This apparently was said to a close personal friend of Mr. Jackson. I want you.to check into these accusations. If we are making that many bar checks in that short a length of time for no real reason, then I would say the amount of checks would be excessive. Liquor licenses are issued and rescinded only by the Liquor Licensing Board and one officer or any group of officers should not take it upon themselves to threaten a licensee with revocation of his license. If the officer feels that there is a problem with a bar, then you should be notified. You should, in turn, notify me and we will handle the situation working with the officer and the bar owner to straighten out the problem. If the remarks were made to the three businessmen, it certainly does not reflect well upon the Fort Collins Police Department or the officer making the remarks and I do not condone such actions. I would like to give Mr. Ramirez an opportunity to show that he can run his place of business without excessive problems. I would like his establishment treated fairly and equitably. He should have his alarm in in the very -near future. He has assured us of his cooperation. I would like to give him every chance in the world to prove that he can run a first- class establishment. Respectfully submitted, /Ha��ih Chief of Police RMS:kw The Authority discussed at length the above letter and possible solutions to the problems. Authority member Baldivia made a motion, seconded by Linda Renz to approve the renewal application for Ruben Rameriz dba Golden Ram, 214 Linden. The Chairman Put the motion which was unanimously adopted. 3.2% Fermented Malt Beverage License Renewal for Round the Corner Restaurant, 101 West Swallow Drive Approved City Clerk, Verna Lewis, stated the Police Department report stated in part, "no violations found for the above named establishment for the past year." -is- Authority member Stoner made a motion, seconded by Rudy Baldivia to approve the renewal application for a 3.2% Fermented Malt Beverage License for Round the Corner Restaurant, 101 West Swallow Drive. The Chainem put the motion which was unanimously adopted. Renewal Application for a Retail Liquor Store for Aggie Liquors, 429 Canyon Approved City Clerk, Verna Lewis, read the following Police Department report into the record: On November 3, 1975, the above named individual made application for renewal of their Malt, Vinous, and Spirituous Liquor License. On November 5, 1975, this officer received the renewal application for review. This officer checked the records of the Fort Collins Police Department and the Larimer County Sheriff's Office and found one liquor law violation on the record of the above named establishment in the last year. The incident involves the sale of liquor to underage adults. The case was handled by the previous liquor enforcement officer. This officer can find no legal basis to recommend denial of this application at the present time. Authority member Stoner made a motion, seconded by Linda Renz to approve the renewal application for a Retail Liquor Store License for Aggie Liquors, 429 Canyon Avenue. The Chairman put the motion which was unanimously adopted. Renewal Application for a Retail Liquor Store License for Darrel T. and Gerald W. Blake dba Johnny's Liquors, 111 West Prospect Street Approved Verna Lewis, City Clerk, advised the Authority that there was a negative Police Department report with no violations reported in the past year. Authority member Baldivia made a motion, seconded by Linda Renz to approve the renewal application for a Retail Liquor Store license for Darrel T. and Gerald W. Blake dba Johnny's, 111 West Prospect. The Chairman put the motion which was unanimously adopted. Renewal Application for a Retail Liquor Store License for South College Corp. dba South College Liquors, 2724 South College Avenue, Approved City Clerk, Verna Lewis, read the following report from the Police Department: -16- r-1 On November 5, 1975, the above named corporation made application for renewal of their Malt, Vinous and Spirituous Liquor License. On the same date this officer received the application for review. This officer checked the records of the Fort Collins Police Department and the Larimer County Sheriff's Office and found no violations for the above listed establishment in the last year. Our records do indicate one disturbance report which was due to a customer attempting to walk out with liquor for which he had not paid. This officer can find no legal basis to recommend denial of this application at the present time. Authority member Renz made a motion, seconded by Ed Stoner to approve the renewal application for a Retail Liquor Store License for South College Corp. dba South College Liquors, 2724 South College Avenue. The Chairman put the motion which was unanimously adopted. Renewal Application for a Club Liquor License for VFW, Rocky Mountain Post #1781, 201 Linden Street Approved City Clerk, Verna Lewis, advised the Authority that there was a negative Police Department report on file. Authority member Stoner made a motion, seconded by Rudy Baldivia to approve the renewal application for a Club Liquor License for VFW, Rocky Mountain Post #1781, 201 Linden. The Chairman put the motion which was unanimously adopted. Renewal Application for a Hotel -Restaurant Liquor License with Extended Hours for Out of Bounds Restaurant, 200 West Mountain Avenue Approved City Clerk, Verna Lewis, read the following Police Department report: On October 23, 1975, the above named corporation made application for renewal of their Malt, Vinous and Spirituous Liquor License. On November 5, 1975, this officer received the application for review. This officer checked the records Departmentand Larimer CountySheriff'sOffit ceand he Ffound ort othree disturbance reports on file. All three reports could be classified as customer problems. 'This officer can find no legal basis to recommend denial of this renewal application at the present time. -17- Authority member Stoner made a motion, seconded by Linda Renz to approve the renewal application for a Hotel -Restaurant Liquor License with extended hours for Out of Bounds Restaurant, 200 West Mountain Avenue. The Chairman put the motion which was unanimously approved. Renewal Application for a Retail Liquor Store License for Ace Liquors, 200 East Mountain Avenue, Approved City Clerk, Verna Lewis, read the following report from the Police Department: On November 13, 1975, the above named individuals made application for renewal of their Retail Liquor Store license. In Ace Liquors, checking thisoffrecords oincidents eamonths involving icerfoundtwocasereports; oneonDecember14, 1974, involved underage possession of alcoholic beverage purchased at Ace Liquors. Due to the lack of specific information as to who purchased the liquor, no formal action was taken on this inciident. The second incident occurred on October 8, 1975 and involved the purchase of a bottle of rum by an 18 year old male. This incident has already been brought to the attention of the Authority and a written warning has been issued to Ace Liquors. RECOMMENDATION: This officer can find no legal basis to deny this renewal application at this time. Authority member Baldivia made a motion, seconded by Ed Stoner to approve the renewal application for a Retail Liquor Store License by Ace Liquors, 200 East Mountain Avenue. The Chairman put the motion which was unanimously adopted. Resolution Granting a Hotel -Restaurant Liquor License to Pryntha Winfrey dba Sportsman's Bar, 210 Walnut Street, Adopted City Clerk, Verna Lewis, read the resolution by title. M RESOLUTION OF THE LIQUOR LICENSING AUTHORITY OF FORT COLLINS SETTING FORTH FINDINGS ON A PRELIMIN- ARY HEARING ON A LIQUOR LICENSE APPLICATION WHEREAS, heretofore, Pryntha Winfrey d/b/a Sportsman's Bar, made application to the Liquor Licensing Authority for a beer, wine and liquor license (Hotel, Restaurant); and 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 22nd day of October, 1975: 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 -19- served by this applicant are as follows: bordered on the south by Mulberry Street, on the West by Meldrum Street, on the North by Maple Street and on the East by Riverside Avenue and Jefferson Avenue. 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. S. That the application is in proper form and will be heard by the authority on October 22, 1975. Passed and adopted at a regular meeting of the Liquor Licensing Authority held this 22nd day of October, 1975. ATTEST: City Clerk Authority member Renz made a motion, seconded by Ed Stoner to adopt the resolution granting a Hotel -Restaurant Liquor License to Pryntha Winfrey dba Sportsman's Bar, 210 Walnut. The Chairman put the motion which was unanimously adopted. Independent Survey Proposal Approved The Chairman stated this item had been tabled on October 22, 1975. Authority member Renz made a motion, seconded by Ed Stoner to remove this item from the table for consideration. The Chairman put the motion which was unanimously adopted. -20- City Clerk, Verna Lewis had distributed the following recommendations for Authority consideration. As you will recall the Liquor Licensing Authority has requested that we make a report on the possibility of conducting an independent survey regarding each new application for a liquor or fermented malt beverage license. Since no specific funds have been allotted for this purpose, I am recommending: 1. That the applicant furnish the Clerk's Office a list of adjacent property owners to whom notices will be sent. 2. That a copy of the notice also be sent to the holders of like licenses. 3. That the Planning Office be sent a notice. We could implement the above recommendation for a six-month trial basis with re-evaluation at that time. The recommendation had been approved by the City Manager. City Clerk, Verna Lewis responded to Authority inquiries in soliciting the aide of Marketing students at Colorado State University to physically canvass the neighborhood. This suggestion had not been pursued due to budget limita- tions. Item No. 1 was thought to be of particular importance if the State Legisla- ture approves a new type of license for a bar lounge. Item No. 3 was recommended to attempt to receive feedback on how a proposed outlet would impact on the community. The consensus of the Authority was to pursue this recommendation, to reevaluate the action in six months and to pursue any action which would ultimately lead to a bona fide independent survey. Authority member Stoner made a motion, seconded by Linda Renz to instruct the City Clerk to implement steps 1, 2, and 3 of the recommendation with review in six months. The Chairman put the question which was unanimously adopted. -21- Adjournment Authority member Linda Renz made a motion, seconded by Authority member Bd Stoner to adjourn. The Chairman put the motion which was unanimously adopted. ATTEST: -22-