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HomeMy WebLinkAboutLiquor Licensing Authority - Minutes - 09/22/1999A regular meeting of the Liquor Licensing Authority was held on Wednesday, September 22, 1999, in the Council Chambers of the Fort Collins Municipal Building. The following members were present: Cooper, Crowfoot, Davis, Duffy, Morris, Oldham, and Schmitz. Staff Members Present: Aimee Jensen, City Clerk's Office Greg Tempel, City Attorney's Office Thomas Reznik, Police Department Consent Calendar The Consent Calendar is intended to expedite the meeting and allow the Authority to spend its time and energy on the important items on a lengthy agenda. Items on the Consent Calendar are (1) routine items; and (2) those of no perceived controversy. Anyone may request that an item be "pulled" off the Consent Calendar and considered separately. Items pulled from the Consent Calendar will be considered separately immediately following adoption of the Consent Calendar. Adoption of the 2000 meeting schedule 2. Approval of minutes from the August 25 1999 and July 28 1999 meetings. Report of Change of Trade Name from Marketplace Wine & Liquor Depot to Wine & Liquor Depot. 356 East Harmony Unit #6-C. Authority member Morris made a motion, seconded by Authority member Schmitz, to adopt and approve the items on the Consent Calendar. Yeas: Cooper, Crowfoot, Davis, Duffy, Morris, Oldham, and Schmitz. Nays: None. THE MOTION CARRIED. September 22, 1999 Star Light, 167 North College, Renewal Hearing Set Assistant City Attorney Tempel advised the Authority on the procedures of a renewal hearing. Ted Zibell, owner of Perennial Gardener, stated there is a problem with overly intoxicated patrons on the Star Light's patio. He stated other merchants are here to testify to the problems they experience with the Star Light. Joe Blonigen, manager of Al's Newsstand, stated he is offended by the class of patrons and the obvious over serving problem. Mr. Blonigen detailed a particular incident when an elderly patron urinated on himself due to his level of intoxication. He noted Star Light patrons and employees drink in their vehicles behind the bar. Mark Oliver, owner of Old Town Art & Framer, stated the patio is a visual barrier to people walking down the block. He stated people are harassed by patrons on the patio. JoAnn Caddoo, owner of Threads Clothing, Etc., stated she recently moved her business to this block and has had several customers complain about patrons on the patio making vulgar remarks and grabbing at them. Ms. Caddoo stated some of her customers will cross the street to avoid walking past the Star Light. She briefly mentioned a special event recently sponsored by the Star Light that blocked the sidewalk for an entire Saturday. Authority member Oldham made a motion, seconded by Authority member Crowfoot, to issue a notice to the Star Light, 167 North College, advising the licensee that a renewal hearing will be conducted on October 27, 1999, and require the licensee to post the premises. Yeas: Cooper, Crowfoot, Davis, Duffy, Morris, Oldham, and Schmitz. Nays: None. THE MOTION CARRIED. Request from Harmony Marketplace Wine & Liquor Depot, Inc., dba Wine & Liquor Depot, 356 East Harmony, Unit #6-C, Greg Bever, owner, stated the mezzanine will only be used for office space and storage. He emphasized this modification of premise will not add retail space. Mr. Bever noted this structure is removable. Authority member Cooper made a motion, seconded by Authority member Schmitz, to approve the modification of premise for Wine & Liquor Depot, 356 East Harmony, Unit #6C. Yeas: Cooper, Crowfoot, Davis, Duffy, Morris, Oldham, and Schmitz. Nays: None. THE MOTION CARRIED. 2 September 22, 1999 Consideration of an Application from the Holy Family Church, for a Special Events Permit at Holy Family Church, 324 North Whitcomb Street. Approved Ben Gonzalez, event manager, described the event. He stated two off -duty police officers will provide security. Mr. Gonzalez stated this is not an annual event and that they will not allow any one under the age of 21 to attend. Authority member Crowfoot made a motion, seconded by Authority member Morris, to approve the application from Holy Family Church for a Special Events Permit at 324 North Whitcomb Street. Yeas: Cooper, Crowfoot, Davis, Duffy, Morris, Oldham, and Schmitz. Nays: None. THE MOTION CARRIED. Hearing on a New Application from Market Center Liquors, Inc., for a Retail Liquor Store License at Market Centre Liquors, 902 West Drake Road. Approved Registration of Mark Leroy Black as Manager of Market Centre Liquors 902 West Drake Road, Approved John Pharris, attorney representing Market Center Liquors, Inc., stated he has several witnesses to address this application. Mr. Pharris called Shannon Rivera, owner, to testify. Mr. Shannon was sworn. He detailed his business interests and stated the other owner is Ernestine Rivera. He noted he has no interest in any other liquor license and that there is no third party financing. Mr. Rivera described the premise. He stated he has provided the City Clerk's office with a copy of his lease and submitted a revised diagram. Mr. Rivera stated he is leasing approximately 6000 square feet. He noted they will be closing at 11:00 p.m. instead of midnight. Deputy City Clerk Jensen stated she distributed the revised diagram to Authority members. In response to a question from the Authority, Mr. Rivera stated his criminal history is complete. Assistant City Attorney Greg Tempel stated Applicant's Exhibit A, identified as petitions and a summary, are admissible into evidence. n U September 22, 1999 Mr. Pharris called Bret Mansur, representative for Liquor Petitioning Professionals, to testify. Mr. Mansur was sworn. He described the petitioning process and indicated the petitions represent 193 (78%) signatures in favor and 53 signatures (22%) in opposition. He stated they are paid by the applicant regardless of the results of the petitioning process. Authority member Crowfoot made a motion, seconded by Authority member Cooper, to adopt Resolution 99-13 approving the application from Market Center Liquors, Inc., for a Retail Liquor Store License at Market Centre Liquors, 902 West Drake Road. Yeas: Cooper, Crowfoot, Davis, Duffy, Morris, Oldham, and Schmitz. Nays: None. THE MOTION CARRIED. Mark L. Black, manager, described his employment and how the store will operate. He stated he has had no liquor violations. Mr. Black stated any employee violating the liquor code will be terminated. He stated ID's are scanned into the cash register like a credit card and the register is able to identify false ID's. Authority member Schmitz made a motion, seconded by Authority member Morris, to approve Mark L. Black as Manager of Market Centre Liquors, 902 West Drake Road. Yeas: Cooper, Crowfoot, Davis, Duffy, Morris, Oldham, and Schmitz. Nays: None. THE MOTION CARRIED. Hearing on a New Application from David Moreno and Russell Pace for a Hotel -Restaurant Liquor License at East Campus Cafe. 1010 and 1012 South College Avenue Denied David Moreno and Russell Pace, owners, were sworn. Mr. Pace stated they tentatively are planning on opening October 4, 1999. He stated the landlord will be out of the country until October 5, 1999. Mr. Pace stated the landlord is fully aware of their application. He briefly described his background and the concept for the restaurant. He stated they will primarily be serving breakfast and lunch. He noted he has had no liquor violations and is TIP's certified. Mr. Pace stated they will both be on premise from opening to close of business. He stated they will amend the diagram to exclude the computer shop and apply for off -site storage. In response to a question from the Authority, Mr. Pace described the patio area. He stated the patio is accessible only from inside the restaurant. Assistant City Attorney Tempel stated City Code allows hotel -restaurant liquor licenses within 500 feet of property owned by the State Board of Agriculture. He stated Applicant's Exhibit A, identified as petitions, are approved as to form and are admissible into evidence. September 22, 1999 Mr. Moreno described his employment history. He stated has had no liquor violations and is TIP's certified. He described the petitioning process and indicated the petitions represent 183 signatures in favor and none in opposition. Mr. Moreno stated the neighborhood was in support of this application, in particular every business within 2-3 blocks. In response to questions from the Authority, Mr. Moreno detailed his criminal history. In response to a question from the Authority, Mr. Pace emphasized that this establishment will primarily be a breakfast and lunch restaurant and not have a nightclub atmosphere. He noted they will close early in the evening. Authority member Morris made a motion, seconded by Authority member Cooper, to adopt Resolution 99-14 denying the application for a hotel -restaurant liquor license at East Campus Cafe, 1010 and 1012 South College Avenue, because the applicant has not established that it is, or will be, entitled to possession of the premises for which application is made and that David Moreno, a member holding 10% or more interest in the applicant partnership, is not of good moral character. Yeas: Cooper, Crowfoot, Davis, Duffy, Morris, Oldham, and Schmitz. Nays: None. THE MOTION CARRIED. Hearing on a New Application from La Parrilla, Inc., for a Hotel -Restaurant Liquor License at Parrilla Grill, 185 North College Approved Drew Hamrick, attorney representing the applicant, stated he has several witnesses to call in support of this application. He stated Parrilla Grill is primarily a restaurant, not a drinking establishment. Assistant City Attorney Greg Tempel stated the application is approved as to form. Mr. Hamrick called Bret Mansur, representative for Liquor Petitioning Professionals, to testify. Deputy City Clerk Aimee Jensen reminded Mr. Mansur that the was still under oath. He described the petitioning process and indicated the petitions represent 227 (93%) signatures in favor and 18 signatures (7%) in opposition. He noted that businesses that spoke this evening regarding the Star Light signed the petition in support of this application. Assistant City Attorney Tempel stated Applicant's Exhibit A, identified as petitions, are approved as to form and are admissible into evidence. Mr. Hamrick called Mack Anderson, owner, to testify. Mr. Anderson was sworn. He detailed the type of establishment Parrilla Grill will be. Mr. Anderson noted they will be open from 11:00 a.m. to 9:00 p.m., and that alcohol is only an accessory to their operation. He stated alcohol sales are less than 10% of the sales volume. He stated he has been in the liquor business for 30 years September 22, 1999 and has never had a liquor code violation. Mr. Anderson stated there is no other financial interest in this application other than what is stated on the application. He stated they will eventually want to modify the premise to include a patio area. Mr. Hamrick called Zach Anderson, owner and manager, to testify. Mr. Anderson was sworn. He stated he currently resides at 1028 Castlerock Drive in Fort Collins. He stated he managed the same type of restaurant in Bozeman, Montana for approximately four years. He noted that liquor sales at that restaurant were 10% of total sales. Mr. Anderson stated he has had no liquor violations. In response to a question from the Authority, he stated there are no limitations for him in obtaining a Colorado drivers license. He stated he will be supervising 8-10 employees and will contact Officer Johnson for training. Mr. Anderson stated the loft area will not be open to patrons and will not be used to store alcohol. Authority member Morris made a motion, seconded by Authority member Crowfoot , to adopt Resolution 99-15 approving the application from La Parrilla, Inc., for a Hotel -Restaurant Liquor License at Parrilla Grill, 185 North College. Yeas: Cooper, Crowfoot, Davis, Duffy, Morris, Oldham, and Schmitz. Nays: None. THE MOTION CARRIED. Show -Cause Hearing for Wine and Liquor Specials, 2439 South College #C-4, Violation Found Michael Griffith, attorney representing the licensee, Hanan Shuweihat, stated they are ready to proceed. Mary Pat Daviet, special prosecutor representing the Fort Collins Police Department, stated that the Authority found probable cause at the July 28, 1999 to conduct a show -cause hearing. She stated it is alleged that on or about May 28, 1999, the Licensee, its employee or agent, sold, served, gave away, disposed of, exchanged, or delivered, or permitted the sale, serving, giving, or procuring of any alcohol beverage to or for any person under the age of twenty-one years, to wit: David Skinner, in violation of Section 12-47-901(1)(a), Colorado Revised Statutes. Ms. Daviet called David Thorpe, Fort Collins Police Officer to testify. Officer Thorpe was sworn. He described his employment and duties as a police officer. He stated he was in the Warren Park area at approximately 11:00 p.m. on May 28, 1999, doing a curfew check. Officer Thorpe stated he contacted four juveniles in possession of alcohol. He stated two of the juveniles were 16 year old females, David Skinner, who was 19, and Jesse Mouser, who was 17. He noted that Mr. Skinner and Mr. Mouser were cooperative throughout his contact. Officer Thorpe stated he administered a portable breath test and that the reading was m E September 22, 1999 low and that it had recently been calibrated. Upon examination, Officer Thorpe identified the box of alcohol he confiscated from the juveniles. He described the contents of the box. Mr. Griffith objected to Officer Thorpe's testimony as heresay. Chairperson Davis overruled. Officer Thorpe continued with his testimony. He stated Mr. Skinner admitted to purchasing the alcohol at approximately 8:30 p.m. and described where he had purchased it. Officer Thorpe described how Mr. Skinner was searched for false identification. He noted Mr. Skinner's identification showed he was 19 years of age. Ms. Daviet entered into evidence Exhibits 1 and 2, written statements from David Skinner (1) and Jesse Mouser (2). Mr. Griffith objected to Exhibits 1 and 2 as evidence. Chairperson Davis overruled and received Exhibits 1 and 2 as evidence. Mr. Griffith cross-examined Officer Thorpe. Officer Thorpe stated there was approximately 21h hours between the time Mr. Skinner stated he purchased the liquor and when he made contact with them. Officer Thorpe detailed the contents of the box of alcohol confiscated. He stated there was no identifying markings on the cartons as to where they were purchased. Officer Thorpe stated he did not find a sales receipt. He noted he did not do an intrusive search on the juveniles. Officer Thorpe stated he did a visual check of the vehicle and that the juveniles had an open beer in their hands when they were contacted. He stated he did not search Wine & Liquor Specials to determine if the alcohol in possession of the juveniles was sold in that store. Ms. Daviet objected to Mr. Griffith's line of questioning. Chairperson Davis allowed Mr. Griffith to continue. In response to a question from the Authority, Officer Thorpe stated that Mr. Skinner mentioned to him that Wine & Liquor Specials was known to be an "easy" place for underage persons to purchase alcohol. In response to additional questions from Ms. Daviet, Officer Thorpe stated it was not his intent to solicit untruthful information from the minors. He stated he did not have any reason to believe they were lying to him. Mr. Griffith requested that the box of alcohol be entered into evidence as Exhibit 3. Exhibit 3 was received as evidence. Ms. Daviet called David Skinner, witness, to testify. Mr. Skinner was sworn. He stated he had heard from friends that you could purchase alcohol at Wine & Liquor Specials without identification. He confirmed he had written the statement marked as Exhibit 1. He stated that E September 22, 1999 Mr. Mouser and the two females viewed his purchase of the alcohol. Mr. Skinner stated he never felt coerced into writing his statement. Mr. Griffith cross-examined Mr. Skinner. Mr. Skinner described the parking area adjacent to Wine & Liquor Specials and where the vehicle he had ridden to the store was parked. Mr. Griffith requested that Exhibit A, photographs of the store and adjacent parking lot, be entered as evidence. Exhibit A was received as evidence. Ms. Daviet objected to the photographs being entered as evidence, stating they do not truly and accurately depict how the parking lot looked May 28, 1999, due to recent construction activities. Chairperson Davis over -ruled Ms. Daviet's objection. Mr. Skinner continued his testimony. He described how he was searched by Officer Thorpe. Mr. Skinner stated he purchased alcohol from Wine & Liquor Specials and did not use a false ID. He described the events leading up to his contact with Officer Thorpe. Mr. Griffith called Ramze Shuweihat to testify. Mr. Shuweihat was sworn. He stated he has been working in the store for six (6) years. He described his training. Mr. Shuweihat stated he checks everyone's identification. He stated he has never seen Mr. Skinner before in his life. Mr. Shuweihat noted that many of the items in the box marked as Exhibit 3 are not sold in Wine & Liquor Specials. He stated there is no way he sold alcohol to Mr. Skinner. Mr. Shuweihat stated he does know Jesse Mouser's brother, but did not request that Mr. Mouser retract his statement. Ms. Daviet cross-examined Mr. Shuweihat. He stated Mr. Skinner's written statement is false. In response to a question from the Authority, Mr. Shuweihat stated his only day off is Sunday and that he always returns false ID's to the person presenting it. He stated price tags are all bright orange. Mr. Shuweihat stated the inventory is not computerized and that many of the distributors rotate their stock. He noted several of the items in Exhibit 3 are not sold in the store and did not have a bright orange sales tags. Mr. Griffith called Hanan Shuweihat, owner, to testify. Ms. Shuweihat was sworn. She stated she has owned the store since 1983 and that she is responsible for ordering all the alcohol. Ms. Shuweihat stated she checks her inventory daily. She stated policy is that if there is no ID, there is no sale. Mr. Griffith requested that Exhibit B, 13 photographs depicting liquor displays in Wine & Liquor Specials, as evidence. Exhibit B was received as evidence. Ms. Daviet objected to Exhibit B being entered as evidence, as it does not accurately depict the store on May 28, 1999. r� u E September 22, 1999 Ms. Shuweihat stated the photographs accurately depict what the store looked like on May 28, 1999. Mr. Griffith requested that Exhibit C, a liquor license file history (for show cause hearing purposes) of Wine & Liquor Specials be entered as evidence. He noted that Ms. Shuweihat passed three compliance checks since February, 1993. Ms. Daviet cross-examined Ms. Shuweihat. Ms. Shuweihat stated that she had been working when the compliance checks had been done. She stated she has no invoices showing what her inventory is. In response to questions from the Authority, Ms. Shuweihat detailed the type of cash register that is in use in the store. She described her bookkeeping procedures. Mr. Griffith called Jean Short, wholesale liquor distributor, to testify. Ms. Short was sworn. Ms. Short stated she has known Ms. Shuweihat for 15 years and has never heard negative comments regarding Wine & Liquor Specials. Mr. Griffith stated he had no further witnesses. Ms. Daviet stated the City has shown that more likely than not, a violation has occurred. Mr. Griffith made his closing statements. Authority member Oldham made a motion, seconded by Authority member Morris, to find Wine & Liquor Specials, 2439 South College, #C-4, in violation of Section 12-47-901(1)(a), Colorado Revised Statutes, on May 28, 1999. Yeas: Cooper, Duffy, Morris, Oldham, and Schmitz. Nays: Crowfoot, Davis. THE MOTION CARRIED. Mr. Griffith stated this is a questionable case and that the likelihood of reoccurrence is small. Officer Johnson stated this is Wine & Liquor Specials first offense and recommended three (3) days to be served actively with six (6) days to be held in abeyance. Authority member Oldham made a motion, seconded by Authority member Crowfoot to impose a five (5) day suspension with one (1) day served actively on a Friday within thirty (30) days, and four (4) days to be held in abeyance for one (1) year, with the business to be posted. Yeas: Cooper, Crowfoot, Davis, Duffy, Morris, Oldham, and Schmitz. Nays: None. THE MOTION CARRIED. W September 22, 1999 Show -Cause Hearing for San Felipe's Cantina, 11 Old Town Square, Suite 120, Violation Found Tim Dow, attorney representing the licensee, requested that the hearing be continued to October 27, 1999, as the general manager, Jay Gonzalez is out of the country. He requested that Exhibit A, verifying Mr. Gonzalez's absence, be entered into evidence. Mary Pat Daviet, special prosecutor for the Fort Collins City Police, stated Mr. Gonzalez knew about this meeting September 2, 1999 and voiced no objection, at that time, to this date. Authority member Cooper made a motion, seconded by Authority member Morris, to proceed with the hearing this evening. Yeas: Cooper, Crowfoot, Davis, Duffy, Morris, Oldham, and Schmitz. Nays: None. THE MOTION CARRIED. Tim Dow, stated the licensee is willing to stipulate that they did violate Regulation 47-900 (C) of the Colorado Liquor Code. He stated he is ready to present testimony that the offending activity was discontinued immediately. Ms. Daviet stated she will not agree as it forecloses additional evidence being presented to the Authority. Mr. Dow stated the official transcript from the September 2, 1999 summary suspension hearing is more than ample. Ms. Daviet stated prosecution has an additional witness to testify to an additional incident that has occurred since the September 2, 1999, summary suspension hearing. Assistant City Attorney Greg Tempel advised the Authority that they can accept the stipulation from the licensee and hear the prosecution's additional witness under the penalty phase. Authority member Oldham made a motion, seconded by Authority member Cooper, to find San Felipe's Cantina, 11 Old Town Square, Suite 120, in violation of Regulation 47-900 (C) of the Colorado Liquor Code. Yeas: Cooper, Crowfoot, Davis, Duffy, Morris, Oldham, and Schmitz. Nays: None. THE MOTION CARRIED. Assistant City Attorney Tempel entered the transcript from the September 2, 1999 summary suspension hearing into the record. Tim Dow made a brief closing argument. 10 September 22, 1999 Ms. Daviet summarized testimony from the prosecution's witnesses. She stated there is an additional alleged violation of Regulation 47-900 (A), permitting the serving on the licensed premises of a visibly intoxicated person. Assistant City Attorney Tempel advise the Authority that the standard to be used is a preponderance of the evidence. Authority member Morris made a motion, seconded by Authority member Schmitz, to find that San Felipe's Cantina, 11 Old Town Square, Suite 120, did not violate Regulation 47-900 (A), (permitting the serving on the licensed premises of a visibly intoxicated person), on August 28, 1999. Yeas: Crowfoot, Davis, Duffy, Morris, and Schmitz. Nays: Cooper, and Oldham. THE MOTION CARRIED. Ms. Daviet called Officer Richard Johnson, to testify. Officer Johnson was sworn. Officer Johnson recommended that 25-30 days be served actively with 90 days held in abeyance for one year. He stated he has been given numerous assurances by Mr. Gonzalez that they will come into compliance. He stated there are three felony warrants and one misdemeanor warrant for one of the owners and three employees. Mr. Dow stated no citations have been issued the entire time San Felipe's has been opened. Mr. Dow called Mr. Murray, owner, to testify. Mr. Murray was sworn. Mr. Murray stated he is a part owner in Michael Murray, LLC, which holds San Felipe's hotel -restaurant liquor license. He stated he has been in the liquor business for over twenty (20) years. Mr. Murray stated he has taken over as the general manager to implement changes recommended at the summary suspension hearing. Mr. Dow entered into evidence Exhibit B, copies of regularly run promotions from other liquor licensed establishments. Mr. Dow entered into evidence Exhibit C, a compilation of records from the Fort Collins Police Department. Mr. Murray briefly discussed changes to the operation of San Felipe's. He noted they have numerous classes scheduled for staff. Ms. Daviet cross-examined Mr. Murray. Mr. Murray stated no-one told he must stop certain offending activities. Mr. Dow entered into evidence Exhibit D, a letter to Assistant City Attorney Tempel outlining changes that San Felipe's have made. 11 September 22, 1999 Mr. Dow called Rick Clayton, security manager, to testify. Mr. Clayton was sworn. He stated he is officially retired and had been in charge of liquor enforcement in Blackhawk. He described the training procedures he has implemented. Mr. Dow entered into evidence Exhibit E, a copy of San Felipe's training procedure manual. He noted it has been in effect since Sunday, September 19, 1999. Ms. Daviet cross-examined Mr. Clayton. He noted women are constantly trying to take off their shirts and that they have implemented changes to address this problem. In response to a question from the Authority, Mr. Clayton stated he was forced to resign his position with Blackhawk due to an arrest he had been involved in. Mr. Dow called Michael Smuck, owner, to testify. Mr. Smuck was sworn. He stated he is part owner and a managing member. Mr. Smuck stated he has been in the liquor business for 19 years and approves of Mr. Clayton's training procedure manual. He stated Jay Gonzalez was immediately fired as general manager and that the offensive shot program was immediately eliminated. Mr. Dow entered into evidence Exhibit F, letter from Randy Nations, President of Arizona Liquor Industry Consultants, addressing San Felipe's establishment in Flagstaff. Mr. Dow entered into evidence Exhibit G, letter from Jim Switzer in support of San Felipe's. Mr. Dow entered into evidence Exhibit H, letter from Tim Saltonstall, owner of Mountain Woods Furniture, Inc., business adjacent to San Felipe's. Mr. Dow entered into evidence Exhibit I, letters from several Fort Collins residents, in support of San Felipe's. Mr. Dow entered into evidence Exhibit J, letters from several San Felipe's employees, in support of San Felipe's. Mr. Smuck continued his testimony, stating that they have lost several good employees since September 2, 1999, since business has diminished. He stated they will do everything they can to implement Mr. Clayton's management plan. Ms. Daviet cross-examined Mr. Smuck. Mr. Smuck detailed classes and training programs that are planned for all the employees. Ms. Daviet called Don Whitson, Fort Collins Police Officer, to testify. Officer Whitson was sworn. He stated he had stopped an individual walking in moving traffic on Mountain Avenue early in the morning on September 11, 1999. He stated this individual stated to him that he had 12 September 22, 1999 been in San Felipe's for at least four hours and had 7-10 drinks and shots. Officer Whitson noted this individual's BAC was .350. Ms. Daviet made closing statements. Mr. Dow made closing statements. Authority member Cooper made a motion to impose a 60 day suspension with 14 days actively served in the next 30 days, with the remaining days to be held in abeyance for one year. THE MOTION DIED DUE TO LACK OF A SECOND. Authority member Morris made a motion to impose a 14 day suspension with 3 days actively served over a weekend, with 11 days held in abeyance for one year, and requiring the premises to be posted, and to consider a fine in lieu of suspension. THE MOTION DIED DUE TO LACK OF A SECOND. Authority member Cooper made a motion, seconded by Authority member Schmitz, to impose a 60 day suspension with 14 days actively and consecutively served, 46 days held in abeyance for one year, and requiring the premises to be posted. Yeas: Cooper and Schmitz. Nays: Crowfoot, Davis, Duffy, Morris, and Oldham. THE MOTION FAILED. Authority member Oldham made a motion, seconded by Authority member Crowfoot, to impose a 60 day suspension with 5 days actively served (three days served on a Thursday, Friday, and Saturday and two days served on a different Saturday, Sunday.) by November 1, 1999, with the remaining 55 days held in abeyance for 1 year, and requiring the premise to be posted. Yeas: Oldham, Morris, Crowfoot, and Duffy. Nays: Schmitz, Davis, and Cooper. THE MOTION CARRIED. Other Business Authority member Cooper stated the penalty imposed on San Felipe's is a slap on the hand and considers it outrageous. 13 • Adjournment September 22, 1999 Authority member Crowfoot made a motion, seconded by Authority member Morris, to adjourn. Yeas: Cooper, Crowfoot, Davis, Duffy, Morris, Oldham, and Schmitz. Nays: None. THE MOTION CARRIED. The meeting adjourned at 1:15 a.m. 14