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HomeMy WebLinkAboutLiquor Licensing Authority - Minutes - 11/15/1978LIQUOR LICENSING AUTHORITY Regular Meeting - November 15, 1978 7:30 p.m. A regular meeting of the Liquor Licensing Authority was held on Wednesday, November 15, 1978, at 7:30 p.m, in the City Council Chambers of the City of Fort Collins Municipal Building. Roll call was answered by the following Board members: Bean, Long, Renz, Seegmiller, and Wilson. Staff members present: Sgt. Bob Mason, Police Department Wanda Krajicek, Deputy City Clerk Don Deagle, Assistant City Attorney Minutes of the regular meeting of October 18, 1978, approved as published Authority member Long made a motion, seconded by Authority member Wilson, to approve the minutes of the regular meeting of October 15, 1978, as published. The Chairman put the motion which was unanimously adopted. Renewals approved for the following locations: a. Michael and Paulette Wolf dba Ace Liquors, 200 East Mountain b. Green Turtle Cafe, 150 North College C. Gene Kapperman dba Gene's Tavern, 200 Walnut d. South College Liquors, 2724 South College e. North College Liquors, 814 North College f. Best Bowl Inc. dba Horsetooth Lanes Tack Room. 217 West Horsetooth Road g. Monte Carlo Lounge, 830 North College h. Richard and Carol Fitzgerald dba Country Store, 1517 Lemay Avenue i. Rocky Mountain VFW Club, 201 Linden j. William Goff dba Aggie Discount Liquors, 429 Canyon k. Pagoda Restaurant, 1022 North College 1. Johnny's Liquors, 111 West Prospect Authority member Bean made a motion, seconded by Authority member Long to approve the renewal applications as listed. The Chairman put the motion which was unanimously adopted. Application accepted for a change of class of the license at Round the Corner Restaurant, from a 3.2% Fermented Malt Beverage license to a Hotel -Restaurant license 101 West Swallow Authority member Bean made a motion, seconded by Authority member Long to accept the application and set the preliminary hearing date for December 13, 1978, and the final hearing date for January 10, 1978. we November 15, 1978 The Chairman put the motion which was unanimously adopted. New application accepted for a Class B, 3.2% Fermented Malt Beverage license for Walgreen Drug Store, 125 South College Avenue Authority member Renz made a motion, seconded by Authority member Long to accept the application and set the final hearing date for December 13, 1978, The Chairman put the motion which was uanimously adopted. New application accepted for a Class B 3.2% Fermented Malt Beverage license for Walgreen Drug Store, 2265 South College Avenue Authority member Renz made a motion, seconded by Authority member Long, to accept the application and set the final hearing date for December 13. the Chairman put the motion which was unanimously adopted. Special Events Permit (Liquor) granted to Fort Collins Roundtable for November 19-20 1978. John Reid, attorney and president of the Fort Collins Roundtable explained the plans for the event to be held on November 19 and November 20, 1978, noting that it was in connection with a sympo- sium on uranium mill tailings disposal sponsored by Colorado State University Engineering Department. Authority member Renz made a motion, seconded by Authority member Wilson, to approve the Special Events Permit for the Fort Collins Roundtable for November 19 and 20, 1978. The Chairman put the motion which was unanimously adopted. (Note: Chairman Seegmiller did not participate in the vote on this item.) Special Events Permit (3.2%) granted to Edwards Hall Student Government for December 8 1978 Caylor Nielson appeared on behalf of the Edwards Hall Association and explained the precautions that would be taken relative to iden- tification checking and outlined the plans for the event, Fuddsmucker Carnival. Authority member Long made a motion, seconded by Authority member Renz to approve the Special Events Permit for Edwards Hall Fuddsmucker Carnival, on December 8, 1978. The Chairman put the motion which resulted in the following vote: Yeas: Long, Renz, and Wilson. Nays: Bean. (Note: Chairman Seegmiller did not participate in the vote on this item.) -2- E November 15, 1978 Preliminary hearing on a Beer & Wine license submitted.by Del & Robin LeBlanc dba Delfannie's, Foothills Square Shopping Center, boundaries accepted as recommeded The boundaries as recommended by the administration were as follows: North from the subject premises to Drake; West from the subject premises to Shields following the City limits; South from the subject premises to the City limits; East from the subject premises to Lemay Avenue extended south to the City limits. Authority member Bean made a motion, seconded by Authority member Renz, to approve the boundaries as recommended by the administration. The Chairman put the motion which was unanimously adopted. Preliminary hearing on a Hotel -Restaurant license submitted by RCP Enterprises dba Goode Taste Crepe Shoppe, 400 East Olive, boundaries accepted as recommended The boundaries as recommended by the administration were as follows: North from the subject premises to Vine; West from the subject premises to Shields; South from the subject premises to Prospect; East from the subject premises to Lemay following north along City limits to northern boundary. Authority member Renz made a motion, seconded by Authority member Bean, to approve the boundaries as recommended. The Chairman put the motion which was unanimously adopted. Transfer of ownership approved for Pizza Corporation of the Rockies dba Big Cheese Pizza, 2635 South College Avenue Gary Saudar 413 Spinnaker, appeared to explain the circumstances of the transfer. He spoke of his background and previous work experience and told of his operation plans. Authority member Renz made a motion, seconded by Authority member Long, to approve the transfer and name change as described. The Chairman out the motion which was unanimously adopted. The Chairman read the hearing procedure at length before proceeding with the two final hearings. The Resolution outlining the findings of the preliminary hearing was read by title only. -3- November 15, 1978 Final hearing on a Beer & Wine license submitted by Robert J. Bisetti dba Bisetti's Restaurant, 120 South Colle¢e. license granted_ Authority member Renz made a motion, seconded by Authority member Long, to adopt the Resolution as presented. The Chairman put the motion which was unanimously adopted. RESOLUTION OF THE LIQUOR LICENSING AUTHORITY OF FORT COLLINS SETTING FORTH FINDINGS ON A PRE- LIMINARY HEARING ON A LIQUOR LICENSE APPLICATION WHEREAS, heretofore, Robert J. Bisetti, d/b/a Bisetti's Restaurant, 120 South College Avenue, Fort Collins, Colorado, made application to the Liquor Licensing Authority for a Beer and Wine License; and WHEREAS, the Liquor Licensing Authority has received reports concerning such application, and has held a prelimi- nary 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 determina- tions 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 15th day of November, 1978: 1. That the subject premises are proper premises under the ordinances of the City of Fort Collins and the laws of -4- November 15, 1978 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: North from the subject premises to City Limits; west from the subject premises to Shields; south from the subject premises to Prospect; east from the subject premises to Lemay Avenue following the City Limits northerly. 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. 5. That the application is in proper form and will be heard by the Authority on November 15, 1978. Passed and adopted at a regular meeting of the Liquor Licensing Authority held this 15th day of November, 1978. ATTEST: City Clerk airman MI November 15, 1978 Robert J. Bisetti, 2913 Stover, appeared and was sworn before giving testimony regarding his previous work experience and background. He presented copies of the proposed menu to be used. He also presented petitions containing 107 signatures that he had circulated in support of his restaurant. Authority member Renz made a motion, seconded by Authority member Wilson, to approve the granting of the Beer & Wine license to Robert J. Bisetti dba Bisetti's Restaurant, 120 South College Avenue. The Chairman put the motion which resulted in the following vote: Yeas: Bean, Long, Renz, and Wilson. Nays: Seegmiller. The motion carried. Final hearing on a Hotel -Restaurant license submitted by Great Banana's Restaurant, 3500 S. College Ave., license granted The preliminary Resolution was read by title only. Authority member Renz made a motion, seconded by Authority member Bean, to approve the Resolution as presented. The Chairman put the motion which was unanimously adopted. RESOLUTION OF THE LIQUOR LICENSING AUTHORITY OF FORT COLLINS SETTING FORTH FINDINGS ON A PRE- LIMINARY HEARING ON A LIQUOR LICENSE APPLICATI WHEREAS, heretofore, Great Bananas, d/b/a Bananas Restaurant, 3500 South College Avenue, Fort Collins, Colorado, made application to the Liquor Licensing Authority for a Hotel -Restaurant Liquor License; and WHEREAS, the Liquor Licensing Authority has received reports concerning such application, and has held a prelimi- nary 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 November 15, 1978 hereby makes the following preliminary findings and determina- tions 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 15th day of November, 1978; 1. That the subject premises are proper prc,,, e vender the ordinances of the City of Fort Collins and the I 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: North from the subject premises to Drake; west from the subject premises to Shields following the City Limits; south from the subject premises to the City Limit and east from the subject premises to Lemay 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. 5. That the application is in proper form and will be heard by the Authority on November 15, 1978. -7- November 15, 1978 Passed and adopted at a regular meeting of the Liquor Licensing Authority held this 15th day of November, 1978. airman ATTEST: � kl�L City Clerk Dave Williams, attorney representing Great Bananas, appeared and intro- duced Mr. Wayne Dozier, 1816 Joliet Way, Boulder, one of the general partners, who was sworn before giving testimony. Mr. Dozier told of his work experience and submitted two menus, marked applicant's exhibits A & B., from his Boulder restaurant stating that the Fort Collins menu would be similar with the addition of a few more dinner items. He described his proposed Fort Collins operation and noted that his facility would seat approximately 60 persons in the lounge and 160 in the dining room. Max Scott, President of Oedipus Inc., 1200 Pearl, presented applicant's exhibit "C", a survey his firm had done on behalf of the applicant. He also presented petitions marked as applicant's exhibit "D" which his firm circulated on behalf of Bananas. David Campbell, 365 Foxcourt, Boulder, owner of the Moot House, was sworn and stated his opinion about the need for another restaurant in the boundary area, stating that he felt the area could easily support another outlet and that Banana's would be a great asset to the City. Chris Brown, 1625 Windsor Court, partner in the Prime Minister was called next and sworn before giving his opinion that Banana's would be a help in building business for the whole area. Judy Lavaux, 2753 Alexander Court, a neighborhood resident, was called next and stated that she felt that Banana's would be a fine addition to her neighborhood. Tom Watts, 2757 Alexander Court, another neighborhood resident, was sworn and stated that he had experienced long waits at the existing outlets and felt that Banana's would be a quality addition to the area. November 15, 1978 Tom Singer, 2519 Flintridge, manager of the proposed outlet, was sworn and spoke of his work experience and his qualifications. Authority member Bean made a motion, seconded by Authority member Long, to approve the Hotel -Restaurant license submitted by Great Banana's dba Banana's Restaurant, 3500 South College Avenue. The Chairman put the motion which was unanimously adopted. FINDINGS AND RESOLUTION OF THE LOCAL LIQUOR LICENSING AUTHORITY OF THE CITY OF FORT COLLINS, COLORADO, CONCERNING AN APPLICATION FOR A HOTEL -RESTAURANT LICENSE The application of Great Bananas for a Hotel -Restaurant licence came on for hearing on the 15th day of November, 1978, in the Council Chambers, City Hall, Fort Collins, Colorado,pursuant to notice duly given as required by taw. The Authority, having heard the evidence introduced at the hearing and having examined the documents introduced and having heretofore held a preliminary hearing and issued findings in writing on said preliminary hearing, now makes the follo::ing findings: 1. The neighborhood to be served under this application is as defined in the preliminary findings of the Authority. 2. Nothing contained in C.P..S., 1973, Section 12-47-138 prohibits the issuing of a license at the proposed location. 3. The applicant is of good character and qualified under the Ordinances of the City of Fort Collins and the laws of tle State of Colorado for the license applied for. 4. The application is in proper fore. 5. Petitions containing substantial numbers of sionatures and e•:iconce were presented and received. at the hearing i;;dicatirg a =15 November 15, 1978 need for the license applied for, and the local licensing authority hereby finds that the reasonable requirements of the neighborhood requires the issuance of the license applied for. The Authority recognizes that other licenses exist in the neighborhood, but hereby finds that an additional need exists for the license applied for. 6. The building in which the license is to be operated is not now fully constructed; and no license should be issued until the construction is coinpleted in accordance with the plans and specifi- cations submitted by the applicant and the requirements of the Building Inspector made in conformity with the Ordinances of the City of Fort Collins. RESOLUTION OF THE LOCAL LIQUOR LICENSING AUTHORITY OF THE CITY OF FORT COLLINS, COLORADO, CONCERNI";G AN APPLICATION FOR A HOTEL -RESTAURANT LICENSE BE IT RESOLVED by the Local Liquor Licensing Authority of the City of Fort Collins, Colorado, that the application of Great Bara^as for a HOtei-Rasta'.- .,Gt Licensee be 2C:] `n-:e sal herc'bv is granted in accordance with the findings of the Authority set forth above; and 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 -10- November 15, 1978 requirements of the City Building Inspector, and the thorny has received a report from said Building Inspector that said improve - mints have been com.pleted in accordance with said plans and soeci- fications and the requirements of the i Passed and adopted this d ATTEST: �.•�� Ctty Clergy; � Building Inspector. Extended hours provision added and expansion of premises approved for Out of Bounds, 200 W. Mountain Barbara Cain, 1706 Ridgewood, manager of the Out of Bounds, appeared to explain the reasons for requesting the addition of the extended hours provision and the expansion of the licensed premises. She noted that New Years Eve was on Sunday in 1978 and the extended hours provision would allow them to serve alcoholic beverages after 8:00 p.m. that evening. Authority member Bean made a motion, seconded by Authority member Long to approve the extended hours provision. The Chairman put the motion which was unanimously adopted. Barbara Cain then explained the expansion plans stating that they would like to take some of the leased space next door and turn it into a ban- quet room and to add an outdoor patio area surrounded by a wall with no entrance from the street and to be used only in good weather. Authority member Bean made a motion, seconded by Authority member Wilson, to approve the expansion and deem it not substantial. The Chairman put the motion which resulted in the following vote: Yeas: Bean, Wilson, and Seegmiller. Nays: Renz and Long. The motion carried. Show/cause hearing for Pit -Stop Liquors, 315 Riverside, no penalty assessed Pete Ruggiero, Assistant City Attorney, representing the City of Fort Collins, called Officer Jeff Groves as his first witness. Officer Groves was sworn before giving testimony regarding the events of September 23, 1978. -11- November 15, 1978 Don Weinland, attorney for Pit Stop Liquors, asked that the hearing on this alleged violation be held in a court of law and then brought back to the Authority to have a penalty assessed, if convicted. Chairman Seegmiller stated that the usual method of procedure was to determine if a violation occurred and then determine the penalty, if any. Officer Groves continued his testimony and then Mr. Weinland cross—examined him regarding several points in his testimony. Assistant City Attorney Ruggiero then called Steven Walters, who was sworn and testified that he had purchased the beer at Pit Stop Liquors, at about 6:30 p.m. He stated that he had purchased the beer from the cashier, a man who he pointed out in the audience, later identified as Harold Chavez. Mr. Weinland called Harold Chavez, 1418 Ivy Street, as his first witness. Mr. Chavez was sworn before stating that Mr. Walters could not have purchased the beer from him because he had not operated the cash register all evening. Margaret Chavez, 1418 Ivy Street, was next called and noted that she had begun work at 6:00 p.m. on that evening and had been the only one to operate the cash register all evening while her husband had done the heavier work. In closing, Mr. Weinland asked the Authority to determine that a violation had not occurred on the basis of the testimony given. Authority member Renz made a motion, seconded by Authority member Wilson, that no violation occurred at Pit Stop Liquors on September 23, 1978. The Chairman put the motion which resulted in the following vote: Yeas: Renz, Wilson, and Seegmiller. Nays: Bean and Long. The motion carried. Police Report Sgt. Mason requested that the Authority to schedule a show/cause hearing for Riverside Kwik Stop, 315 Riverside, as a result of an alleged violation occurring there on September 23, 1978. Authority member Bean made a motion, seconded by Authority member Long to schedule a show/cause hearing for Riverside Kwik Stop, 315 Riverside, on December 13, 1978. The Chairman put the motion which was uanimously adopted. —12— �J Adjournment November 15, 1978 Authority member Long made a motion, seconded by Authority member Bean, to adjourn the meeting. The Chairman put the motion which was unanimously adopted. The meeting adjourned at 9:30 p.m. Chairman Deputy City C1 rk