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HomeMy WebLinkAboutLiquor Licensing Authority - Minutes - 07/21/1982LIQUOR LICENSING AUTHORITY Regular Meeting - July 21, 1982 7:30 P.M. A regular meeting of the Liquor Licensing Authority was held on Wednesday, July 21, 1982, in the Council Chambers of the City of Fort Collins Munici- pal Building. Roll call was answered by the following members: Long, Oldham, Seegmiller and Wilson. Boardmembers Absent: Bujack. Staff Members Present: Debbie Caster, City Clerk's Office Frank Russell, Police Department Pete Ruggiero, City Attorney's Office Minutes of the Regular Meeting of June 23, 1982, Approved as Published Authority member Wilson made a motion, seconded by Authority member Oldham, to approve the minutes of the regular meeting of June 23, 1982, as pub- lished. The Chairman put the motion with the following votes: Yeas: Oldham and Wilson. Abstain: Long and Seegmiller. Renewal Application for Jefferson Market, 622 North College Avenue Authority member Oldham made a motion, seconded by Authority member Long, to approve the renewal for Jefferson Market, 622 North College Avenue. The Chairman put the motion to vote which was unanimously adopted. Renewal Application for Round the Corner, 1221 West Elizabeth Authority member Oldham made a motion, seconded by Authority member Long, to approve the renewal for Round the Corner, 1221 West Elizabeth. The Chairman put the motion to vote which was unanimously adopted. Registration of Manager for Winston's, 3905 South College Avenue Mr. John Bruce Gregg, Jr., 604 East Locust, Fort Collins, CO, was sworn and spoke briefly of his background. Mr. Gregg stated Winston's is part of Concept Restaurants. He explained that he started out working as a bar- tender and worked up into a management position over the years. When the previous manager left the restaurant, Mr. Gregg stated he was promoted to general manager. Mr. Gregg went on to say that he spends approximately 50 hours a week at the restaurant. He added that there will be no policy changes with the change in managers. Authority member Oldham made a motion, seconded by Authority member Long, to approve the registration of manager for John Bruce Gregg at Winston's, 3905 South College Avenue. The Chairman put the motion to vote which was unanimously adopted. Expansion of Premises Avogadro's Number, 605 South Mason Mr. Robert S. Osborne, 1405 Norwood, Boulder, CO, was sworn and stated he is the owner of Avogadro's Number. Mr. Osborne explained that he has entered into a lease agreement with East-West Imports and Crazy Horse Hair Salon for the space they will be utilizing with this expansion. He ex- plained that he currently has a seating capacity of 50 inside and is proposing to expand that by 20 with the outdoor seating. Mr. Osborne went on to say that they will keep their existing hours from 10:30 a.m. to 12 midnight Monday through Thrusday and from 10:30 a.m. to 1:00 a.m. Friday and Saturday. He stated that adequate lighting will be installed for evening service. He added that he is proposing to place a 4-6 foot fence along the East side of the patio. The Authority discussed the impact of the patio area on the neighborhood since it is a mix of both residential and business. The Authority also expressed their desire to see a 6 foot fence on all sides of the patio area. Mr. Osborne stated he would commit to build a 6 foot fence on all sides of the patio. Authority member Long made a motion, seconded by Authority member Wilson, to determine that the expansion of premises for Avogadro's Number is not substantial and approved the expansion contingent upon a 6 foot fence being built on all sides of the patio. The Chairman put the motion which was unanimously adopted. -2- E Preliminary Hearing for a Hotel -Restaurant License for Farmer's Table, 1035 South Taft Hill Road The boundaries as proposed by the administration were as follows: North from the subject premises to West Mulberry Street West from the subject premises to Overland Trail South from the subject premises to West Stuart East from the subject premises to Shields Street Mrs. Paulette Schaefer stated the boundaries are acceptable. Authority member Long made a motion, seconded by Authority member Oldham, to accept the boundaries as proposed. The Chairman put the motin which was unanimously adopted. Show/Cause Hearing for Sam's Old Town Ballroom, 162 Linden Assistant City Attorney Pete Ruggiero called Officer Lee Frausel, who was sworn, and stated he is an Officer with the Fort Collins Police Department. Officer Frausel stated he was in the vicinity of Sam's Old Town Ballroom on March 17, 1982, at approximately 6:12 p.m., when a woman approached him and asked for his assistance. The woman stated a friend of hers was drinking in Sam's who is not 21 years old and tends to become violent when he drinks. Officer Frausel stated he entered the bar and approached the individual who was identified as Michael Tory. Mr. Tory stated he was 20 years old to the Officer. The Officer stated, however, that he could not recall if the man ever showed him an ID. He stated that Mr. Tory was drinking a beverage which, in his opinion, was beer. The Officer stated Mr. Tory had told him that no one ever asked him for an ID. Officer Frausel stated he issued a summons to Mr. Tory and referred the case to Investigations. It was noted that the beer being consumed by Mr. Tory was not placed into evidence. Mr. Steve Ackerman, owner of Sam's Old Town Ballroom, was sworn. Mr. Ackerman raised some question as to the validity of Mr. Tory's ID. Mr. Ackerman went on to say that doormen, as well as bartenders, are required to check everyone's ID. He stated he feels his employees are diligent in checking ID's and stated he doesn't understand how this happened. Authority member Wilson made a motion, seconded by Authority member Oldham, to determine that a violation occurred on March 17, 1982, at Sam's Old Town Ballroom. The Chairman put the motion with the following votes: Yeas: Long, Oldham and Wilson. Nays: Seegmiller. -3- Assistant City Attorney Pete Ruggiero stated the Police Department is recommending a one day suspension to be held in abeyance for one year. Authority member Long made a motion, seconded by Authority member Wilson, to impose a one day suspension to be held in abeyance for one year (until July 21, 1983) along with any other penalty to be imposed should a viola- tion occur within one year. The Chairman put the motion with the following votes: Yeas: Long and Wilson. Nays: Seegmiller and Oldham. The motion failed. Authority member Oldham made a motion that a letter of reprimand be issued. The motion died due to a lack of second. Authority member Wilson made a motion, seconded by Authority member Oldham, to direct the City Attorney's Office to write a letter of concern to Sam's Old Town Ballroom. The Chairman put the motion with the following votes: Yeas: Oldham, Seegmiller and Wilson. Nays: Long. Show/Cause Hearing for Paul's Pizza, 1301 West Elizabeth Assistant City Attorney Pete Ruggiero called Officer Michael Swihart, who was sworn, and stated he is an Officer with the Fort Collins Police De- partment. Officer Swihart stated he was on routine patrol in the vicinity of Paul's Pizza on May 10, 1982, at 2:10 a.m. He stated he saw two in- dividuals sitting inside the establishment without the lights on. Officer Swihart stated the two men let him inside and identified themselves as Calvin Salonya and Thomas Day, both employees of Paul's Pizza. He stated the two explained that they were working late. The Officer stated he observed two Coors cups sitting on the floor where the two men had been sitting. The Officer went on to say that the employees stated that the owner did not allow them to drink after hours. It was noted that the beer cups were placed into evidence. Officer Swihart stated, in his opinion, the beverage being consumed was beer. Mr. Rock Sorenson, attorney representing the applicant, called Mr. Calvin Salonya, who was sworn. Mr. Salonya stated his address is 3020 Ross Drive. He stated he has been employed at Paul's Pizza for 5 years. The past 4 years he has been employed as the assistant manager. Mr. Salonya stated he remembered having to work late that night because it was College Days. He described his duties as well as the other employees . Mr. Salonya stated -4- it is their policy to stop beer service at 11:30 p.m. and clear the tables at approximately 11:55. He stated it is not the policy to drink on the premises during working hours or after closing hours. Mr. Paul Oberg, owner of Paul's Pizza, was sworn. Mr. Oberg stated it is not his policy to allow employees to drink on the premises during work or after hours. He stated he spends approximately 40-45 hours per week at the restaurant. However, he stated he is usually not there at closing time, since he now resides in Livermore, and relies on his manager and assistant manager to close. Authority member Wilson made a motion, seconded by Authority member Long, to determine that a violation did occur on May 10, 1982, at Paul's Pizza. Assistant City Attorney Pete Ruggiero stated the Police Department is recommending that the one day suspension being held in abeyance until Jan. 6, 1983, (which was issued at the Jan. 6, 1982 Liquor Licensing Authority meeting resulting from a violation occuring on September 11, 1981) be executed. Authority member Long made a motion, seconded by Authority member Oldham, for the one day suspension being held in abeyance be excuted within the next 30 days at the convenience of the owner and that the premises to posted. The Chairman put the motion with the following votes: Yeas: Long, Oldham and Wilson. Nays: Seegmiller. Show/Cause Hearing for Johnny's Liquors, 111 West Prospect The applicant was not present at this time in the meeting. The Authority decided to hear other matters and return to this item later on the agenda. Other Business The Library, 1220 West Elizabeth Mr. Mike Sitzman, co-owner of The Library, had requested time to address the Authority regarding some advertising for The Library in The Coloradoan. At this time in the meeting, Mr. Sitzman was not present. The Authority decided to hear other matters and return to this item later on the agenda. Final Resolution on a Hotel -Restaurant License for Rooster Cogburn's, 117 Linden The Resolution was read by title only. -5- Authority member Long made a motion, seconded by Authority member Wilson, to adopt the Resolution as presented. The Chairman put the motion which was unanimously adopted. Police Report A. Officer Frank Russell recommended a formal show/cause hearing be scheduled for The Town Pump, 124 North College Avenue, for violations occuring during the months of May and June, 1982. Authority member Wilson made a motion, seconded by Authority member Oldham, to schedule a show/cause hearing for The Town Pump, on Sep- tember 15, 1982. The Chairman put the motion to vote which was unanimously adopted. B. Officer Frank Russell recommended a formal show/cause hearing be scheduled for the Country Store, 1331 West Elizabeth Street, for a violation which occured on July 10, 1982. Authority member Oldham made a motion, seconded by Authority member Wilson, to schedule a show/cause hearing for the Country Store on Spetember 15, 1982. The Chairman put the motion to vote which was unanimously adopted. C. Officer Frank Russell brought to the attention of the Authority an ad placed in The Coloradoan for The Electric Stampede, 242 Linden. Frank stated the ad is giving away prizes that other businesses in town are sponsoring. He stated he has interpreted the activities to be in accordance with the law but that the statutes are somewhat unclear. D. Officer Frank Russell stated The Country Inn, 115 East Harmony Road, are still in arrears of their sales tax and that the State is con- tinuing their investigation. Mr. Bill Edmiston, owner of Rooster Cogburn's, 117 Linden, requested to approach the Authority for discussion of the statutes pertaining to the sponsoring of another establishment, such as The Electric Stampede, and giving away free merchandise. Mr. Edmiston explained that the Electric Stampede has approached him and asked that he be a sponsor for their ladies night contest. He stated he did not know the law that well and asked if this would be allowed.. Assistant City Attorney Pete Ruggiero pointed out to Mr. Edmiston that under Reg. 47-105.3 the Colorado Liquor Code states that"no retailer of alcoholic liquors shall offer any merchandise of value, free or otherwise, either with or without the purchase of alcoholic liquors to any person or persons." Some discussion then took place as to whether free dinners could be given away as prizes but no alcohol. Assistant City Attorney Pete Ruggiero stated that if the promotion specifically stated no alcoholic beverages are being given away the promotion may not be violating the statutes but added that further clarification from the State will be needed. The Authority did not encourage Mr. Edmiston to participate in sponsoring any event involving free alcoholic beverages until further clarification is received. In addition, the Authority stated at this time they will not take any enforcement action against any promotions. The Library. 1220 West Elizabeth Mr. Mike Sitzman, co-owner of The Library, stated he offers a "drown" night where each person pays a certain amount as a cover charge and receives all drinks free for the evening. He stated that Officer Russell has written a memo explaining that he feels the advertising is inappropriate because the advertising unduly influences people to drink. Mr. Sitzman stated he would like to continue his promotion and asked the Authority if he called "drown" night another name if it would be considered appropriate advertising. Mr. Sitzman stated he feels no one drinks more on drown night that any other night. The Authority explained that this is a very gray area and that they would like more time to check into the legalities of advertising before giving Mr. Sitzman their opinion. Assistant City Attorney Pete Ruggiero advised Mr. Sitzman that it might be appropriate to continue to work with Officer Russell until the City re- ceives a determination from the State as to what constitutes inappropriate advertising. Show/Cause Hearing for Johnny's Liquors, 111 West Prospect Still no one was present at the meeting to represent Johnny's Liquors. However, the Authority decided that it was necessary to go ahead and hold the hearing. Authority member Long made a motion, seconded by Authority member Wilson, to hold the hearing for Johnny's Liquors although no one was represented. The Chairman put the motion to vote which was unanimously adopted. -7- For the record, return receipt Office and that present. Assistant City Attorney Pete Ruggiero stated that the signed by Diane Blake was received by the City Clerk's the Authority will hear the matter although no one is Assistant City Attorney Pete Ruggiero called Troy Krenning, who was sworn and stated he is a cadet with the Fort Collins Police Department. Cadet Krenning stated that on May 3, 1982, at approximately 3:00 p.m. he and Officer With were making routine spot checks on beer and liquor establish- ments. He stated Officer With instructed him to purchase some beer with the three marked bills he was provided. He went on to explain that he purchased a 6-pack of beer and was asked for no identification. Cadet Krenning stated he is 20 years old. He stated he described the individual who sold him the beer to Officer With who later issued that individual a summons. Cadet Krenning added that the beer purchased was placed into evidence. Officer Greg With, was sworn, and stated he is an Officer with the Fort Collins Police Department. Officer With explained that he had asked Cadet Krenning to assist him in making routine spot checks on beer and liquor establishments. He explained the instructions he gave Cadet Krenning. He stated after the Cadet exited the store with the beer he entered and issued a summons to the individual who Cadet Krenning described as the one who sold him the beer. Authority member Long made a motion, seconded by Authority member Oldham, to determine that a violation did occur on May 3, 1982, at Johnny's Liquors. The Chairman put the motion to vote which was unanimously adopted. Assistant City Attorney Pete Ruggiero stated the Police Department is recommending the one day suspension being held in abeyance until December 16, 1982 (which was issued at the December 16, 1981, meeting resulting from a violation occurring September 11, 1981) be executed. Officer Frank Russell stated, for the Board's information, that in the past it has been the policy of Johnny's Liquors to terminate any employee who makes an under age sale. Officer Russell stated he talked to the manager of Johnny's Liquors, Chuck Barrata, and explained that sometimes an employee who makes a mistake becomes a more valuable employee. He pointed out that since their discussion this employee has not been terminated. Authority members Long and Seegmiller stated that going by Johnny's Liquors past history they feel there have been too many violations at this estab- lishment for under age sales. They also stated their concern with the fact that the owner, Jerry Blake, is not present to run the business. Authority member Wilson stated she feels that Johnny's Liquors has made a sincere effort to correct their problems in light of the fact they have a poor record. so 0 0 Authority member Long made a motion to execute the one day suspension issued December 16, 1981, in addition to 5 days suspension to be held in abeyance for one year. Further, the business is to close during the next 30 business days at the owners convenience and that the premises be posted. The motion died due to a lack of second. Authority member Oldham made a motion to execute the one day suspension issued December 16, 1981, in addition to 3 days suspension to be held in abeyance for one year. The motion died due to a lack of second. Some discussion took place about whether the Authority should decide the penalty at this hearing or wait until next month when someone might be present. The majority of the Authority felt it necessary to decide the penalty at this hearing. Authority member Long stated that this has been the sixth violation for a sale to a minor in the six years of ownership under Jerry Blake. He stated his motion for an additional 5 day suspension to be held in abeyance for one year would be an incentive for the owner to be more careful. Authority member Wilson stated she would like to get away from issuing suspensions to be held in abeyance. The Authority unanimously agreed that no more suspensions should be issued that will be held in abeyance for any period of time. Authority member Wilson made a motion, seconded by Authority member Oldham, to order the one day suspension issued December 16, 1981, be executed in addition to a one day suspension. Both days are to be served as consecu- tive days at the convenience of the owner within the next 30 business days and that the premises be posted. The Chairman put the motion with the following votes: Yeas: Oldham, Seegmiller and Wilson. Nays: Long. Adjournment Authority member Long made a motion, seconded by Authority member Wilson, to adjourn. MOM