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HomeMy WebLinkAboutLiquor Licensing Authority - Minutes - 04/28/1982} • i LIQUOR LICENSING AUTHORITY Regular Meeting - April 28, 1982 7:30 p.m. A regular meeting of the Liquor Licensing Authority was held on Wednesday, April 28, 1982, in the Council Chambers of the City of Fort Collins Muni- cipal Building. Roll call was answered by the following members: Bujack, Long, Oldham, Seegmiller, and Wilson. Staff Members Present: Debbie Caster, City Clerk's Office Frank Russell, Police Department Gregory Denton, City Attorney's Office Minutes of the Regular Meeting of March 31, 1982, Approved as Published Authority member Long made a motion, seconded by Authority member Bujack, to approve the minutes of the regular meeting of March 31, 1982, as pub- lished. The Chairman put the motion with the following votes: Yeas: Bujack, Long and Seegmiller. Abstain: Oldham and Wilson. Renewal Application for Paul's Pizza, 1301 West Elizabeth Authority member Long made a motion, seconded by Authority member Bujack, to approve the renewal for Paul's Pizza, 1301 W. Elizabeth. The Chairman put the motion to vote which was unanimously adopted. Renewal Application for Lemay Liquors, 1045 Garfield Authority member Long made a motion, seconded by Authority member Bujack, to approve the renewal for Lemay Liquors, 1405 Garfield. The Chairman put the motion to vote which was unanimously adopted. Renewal Application for Country Store, 1517 Lemay Avenue Authority member Long made a motion, seconded by Authority member Bujack, to approve the renewal for Country Store, 1517 Lemay Avenue. The Chairman put the motion to vote which was unanimously adopted. -2- April 28, 1982 Renewal Application for Country Inn, 115 East Harmony Road Authority member Wilson made a motion, seconded by Authority member Bujack, to table the matter to item 7b on the agenda (under Other Business). The Chairman put the motion to vote which was unanimously adopted. New Application Accepted for a Hotel -Restaurant License for Rooster Cogburn's, 117 Linden Authority member Long made a motion, seconded by Authority member Bujack, to accept the application and set the preliminary hearing for May 26, 1982 and the final hearing for June 23, 1982. The Chairman put the motion which was unanimously adopted. Transfer of Ownership Approved for Goode Taste Crepe Shoppe, 400 East Olive (This item was tabled from March 31, 1982) Evidence was received on this matter at the March 31 hearing. Officer Russell stated that the fingerprints have been returned from the CBI and are clear. Authority member Bujack made a motion, seconded by Authority member Long, to approve the transfer of the Hotel -Restaurant license from Unique Part- ners to the Greatest Crepe Corporation dba The Good Taste Crepe Shoppe, 400 East Olive. Transfer of Ownership Approved For Town Pump, 124 North College Avenue Mr. Dennis Newlun, 2811 Cherry Lane, Fort Collins, CO, was sworn and spoke briefly of his background. Mr. Newlun stated he has had no experience in the bar business. He stated most of his experience has been in the mining and carpentry business. Mr. Newlun told the Authority that there will be no major changes in the structure of the building or in the operation of the bar. He stated the hours of operation will be from 11 a.m. to 12 midnight Monday through Saturday. Mr. Newlun stated he feels he is fami- liar with the beer code and then spoke briefly of his training policies. He explained that he stresses to his employees that all ID's be checked very thoroughly. In addition, he stated he has the Identification Guide on the premises for easy reference. Also, Mr. Newlun told the Board that he encourages all of his employees to call the Police Department on any disturbances. 0 -3- April 28, 1982 Officer Russell stated the fingerprints on Mr. Newlun have returned and are clear. Authority member Bujack made a motion, seconded by Authority member Oldham, to approve the transfer of the 3.2% fermented malt beverage license from Gary Kimsey to Dennis Newlun, dba The Town Pump, 124 North College Avenue. The Chairman put the motion which was unanimously adopted. Transfer of Ownership Approved For Foothills Discount Liquors, ill West Monroe Mr. Eloy Ortega, 1852 17th Avenue, Greeley, CO, was sworn and stated he is presently employed as Vice President at United Bank of Greeley. Mr. Ortega stated he will be the manager of -this store but he will not be on the premises every day. He stated he has a man from Greeley who will be in charge of the day to day operations. Mr. Ortega stated his employees are made aware of ID checking policies and how to check for fake ID's. He also said that his employes are instructed to call the Police Department if there are attempts to purchase liquor by minors or by intoxicated persons. Officer Frank Russell stated that the fingerprints are clear on Mr. Ortega. Authority member Long made a motion, seconded by Authority member Bujack, to approve the transfer of the retail liquor license from Foothills Dis- count, Inc. to Eloy U. Ortega, dba Foothills Discount Liquors, Ill W. Monroe. The Chairman put the motion which was unanimously adopted. Preliminary Hearing for a Beer and Wine License for Savoy Restaurant and Deli, 1232 West Elizabeth. C-2 The boundaries as proposed by the administration were as follows: North from the subject premises to West Mountain Avenue West from the subject premises to Taft Hill Road South from the subject premises to W. Stuart extended east to Center Avenue East from the subject premises to Center Avenue extended north to Howes Mr. Dan Sphar stated the boundaries are acceptable. Officer Frank Russell stated the fingerprints have been returned from the CBI and are clear. -4- April 28, 1982 Authority member Long made a motion, seconded by Authority member Bujack, to accept the boundaries as proposed for Savoy Restaurant and Deli, 1232 West Elizabeth, C-2. The Chairman put the motion which was unanimously adopted. Final Hearing on a Hotel -Restaurant License for Bennigan's, 2203 South College Avenue (Tabled from March 31, 1982) Evidence was heard on this item at the March 31, 1982, hearing. Officer Frank Russell stated the fingerprints are clear on all individuals involved in the application. Authority member Long made a motion, seconded by Authority member Bujack, to approve the license for Bennigan's, 2203 South College Avenue. The Chairman put the motion with the following votes: Yeas: Bujack, Long and Seegmiller. Abstain: Oldham and Wilson. Final Hearing on a Hotel -Restaurant License for Kelly's Bar, 1801 North College Avenue It was noted that at the March 31 meeting, this item was tabled so that additional petitions could be circulated. Mr. Kahlil Kamandy, 3508 Swan Lane, Fort Collins, CO, was sworn. Mr. Roy Wittstruck, attorney representing the applicant, submitted addi- tional petitions which were circulated by Mr. Kenneth Pulliam. Because Mr. Pulliam was unable to attend the meeting, an affidavit signed by Mr. Pulliam was submitted along with the petitions. The affidavit and peti- tions were marked as Applicant's Exhibit 1 and were admitted into evidence. The proposed menu was marked as ;Applicant's Exhibit 2 and admitted into evidence. Mr. Kamandy stated that he will serve food until 10:00 p.m. In reference to the building, Mr. Kamandy stated that the final inspection is scheduled to be conducted soon. It was pointed out that the license will not be issued until final approval is given by the Building Depart- ment. Mr. Roy Wittstructk stated that the applicant is requesting that the name of the establishment be changed from Kelly's Bar to Kelly's. Approval was received from the Authority that the papers in the file be changed and to grant the license in the name of Kelly's. Authority member Long made a motion, seconded by Authority member Bujack, to approve the license for Kelly's, 1801 North College Avenue. -5- April 28, 1982 The Chairman put the motion with the following votes: Yeas: Bujack, Long and Seegmiller. Abstain: Oldham and Wilson. Final Hearing on a Hotel -Restaurant License for Gabby's Restaurant and Coffee Shop, 746 North College Avenue The Resolution outlining the results of the preliminary hearing was read by title only. Authority member Long made a motion, seconded by Authority member Bujack, to adopt the Resolution as presented. The Chairman put the motion which was unanimously adopted. Mr. Dave Williams, attorney representing the applicants, stated there is an existing beer and wine license on the premises in which the Bidula's are operating under a management agreement. He stated that they desire a full liquor license and that is the reason they have applied for a Hotel -Restau- rant license. Mr. Joseph Bidula, 1406 East 16th Street, Loveland, CO, was sworn. Applicant's Exhibit 1 was submitted and identified as petitions circulated at the restaurant by Mr. Joe Bidula. Assistant City Attorney Greg Denton stated Applicant's Exhibit 1 is admissible. Mr. Clifford Woods, Jr., was sworn and stated he circulated additional petitions in the neighborhood area which were marked as Applicant's Exhibit 2. He stated very few people refused to sign the petition and their reasons varied. Assistant City Attorney Greg Denton stated Applicant's Exhibit 2 is admissible. Applicant's Exhibit 3 was submitted and identified as an affidavit and petitions circulated by Mr. Charles Kiss. It was noted that these peti- tions were circulated within the neighborhood area. Assistant City Attor- ney Greg Denton stated Applicant's Exhibit 3 is admissible. It was noted that a total of 306 signatures were received on all of the petitions circulated on behalf of the application. Mrs. Zofia Bidula, 1406 East 16th Street, Loveland, CO, was sworn. Mr. Joseph Bidula stated he will be the manager in charge of the day-to-day operations at Gabby's. He stated his parents owned a restaurant in Love- land in which he managed. He stated his parents sold the restaurant July 1, 1981. It was noted that they had a Hotel -Restaurant license at their restaurant in Loveland. Mr. Bidula stated the hours of operation are from 6 a.m. to 10 p.m., 7 days a week. tie stated he is familiar with the liquor code and identification guide. Mr. Bidula explained that his employees -6- April 28, 1982 have been trained as to how to check for ID's and the consequences involved if a violation is received. It was noted that Mr. Bidula has stressed to his employees the importance of checking every ID. He also stated that they will not encourage a drinking atmosphere without ordering a meal. Mrs. Zofia Bidula stated she will also manage the restaurant with her son. She stated they never received a violation with the liquor license she and her husband owned in Loveland. Mr. Bidula explained the floor plan. He stated there will be a total of 3 dining rooms. The approximate seating capacity is 245. The Bidula's spoke briefly of the financing for the building. Authority member Long made a motion, seconded by Authority member Bujack, to approve the Hotel -Restaurant license for Gabby's Restaurant and Coffee Shop, 746 North College Avenue. The Chairman put the motion which was unanimously adopted. Final Hearing on a Beer and Wine License for Eli's Soup and Sausage Kitchen, 148 West Oak Mr. David Williams, attorney representing the applicant, submitted a letter in response to Officer Frank Russell's memo addressed to the Authority regarding the application for Eli's and in particular, Mr. Miller's back- ground. (Secretary's Note: Copies of the letter and memo are on file in the City Clerk's Office.) Authority member Wilson stated that she felt Mr. Williams' letter did not clarify all the points in Officer Russell's memo. She then stated she would like to see the matter returned to the Investigations Division so that all discrepancies can be resolved. Once all points have been clari- fied, she stated it would then be proper for the matter to be returned to the Authority for its final hearing, but not until the investigation by Officer Russell has been satisfied. Authority member Wilson made a motion, seconded by Authority member Bujack, to table the entire matter until May 26, 1982, at which time the Final Hearing and Final Resolution will be heard. The Chairman put the motion which was unanimously adopted. -7- Show/Cause Hearing for Pit Stop Liquors, 315 Riverside April 28, 1982 Mr. Michael Manning introduced himself as the attorney representing the applicant. Assistant City Attorney Greg Denton called Chief of Police Ralph Smith, who was sworn. Chief Smith stated he observed an individual by the name of Clarence Lebsack at approximately 3:20 p.m. on March 18, 1982, enter Pit Stop Liquors, 315 Riverside Drive. Chief Smith stated he noticed the individual staggering while walking along Riverside. He explained that he called for a uniformed officer to meet him just north of Pit Stop Liquors. When Mr. Lebsack exited the liquor store and started walking north on Riverside, the Chief stated he and Officer Frausel stopped Mr. Lebsack and asked him if he had any liquor. Mr. Lebsack showed them a bottle of unopened wine. Officer Frausel then took Mr. Lebsack to the Police Depart- ment. Chief Smith told the Authority that Officer Frausel returned to Pit Stop Liquors to issue Mr. Chavez, owner of the liquor store, a summons. The Chief stated when they stopped Mr. Lebsack, he noticed a smell of alcohol on Mr. Lebsack's breath and considered him to be intoxicated. Assistant City Attorney Greg Denton called Officer Lee Frausel, who was sworn, and stated he is employed by the City of Fort Collins Police Depart- ment. Officer Frausel stated that Chief Smith requested his assistance at the corner of Oak and Whedbee at approximately 3:20 p.m. on March 18, 1982. He stated the Chief described the man (Clarence Lebsack) who entered Pit Stop Liquors. When they observed Mr. Lebsack after he left the store, Officer Frausel explained that they approached him. Officer Frausel stated the man was having some difficulty keeping his balance and that he also noticed a smell of alcohol on his breath. In addition, Officer Frausel stated he had slurred speech and red eyes. Officer Frausel noted that Mr. Lebsack stated Mr. Chavez sold him the wine. Mr. Lebsack was taken to the Police Department for a breath test. Officer Frausel stated he later returned to Pit Stop Liquors to issue a summons to Mr. Chavez but he was not there. It was noted that Me summons was served at a later date. Mrs. Margaret Chavez, was sworn, and stated she is part owner of Pit Stop Liquors, 315 Riverside. She stated on March 18, 1982, she started work at approximately 2 p.m. and her husband, Harold, left. She explained that Mr. Chavez opens the store in the morning and works until 2 when she starts work. Mrs. Chavez stated Mr. Lebsack entered the store after 3:00 that afternoon. She told the Authority that Mr. Lebsack wanted to charge some whiskey. Because Mr. Chavez is the only one who has the authority to accept charges for liquor, she informed Mr. Lebsack he would have to talk to her husband. Mrs. Chavez stated she thought Mr. Lebsack appeared to be drunk but stated that he purchased nothing at that time. Mr. Harold Chavez, part owner of Pit Stop Liquors, was sworn, and stated he worked from 9 a.m. to 2 p.m. on March 18, 1982. Mr. Chavez stated Mr. Lebsack came into the store about 1:30 p.m. and charged 1 bottle of Gallo -8- April 28, 1982 wine and a package of cigarettes. A copy of the charge receipt was marked as Licensee's Exhibit 1 and admitted into evidence. Mr. Chavez stated that Mr. Lebsack normally walks with a limp. He added that he did not notice his speech to be slurred or bloodshot eyes. Mr. Chavez went on to explain that Mr. Lebsack is a frequent customer of his and occasionally charges merchandise on the house charge account. Mr. Chavez stated they have an agreement that Mr. Lebsack is to pay up his bill before charging any additional liquor. He added that Mr. Lebsack will often times carry a bottle of wine with him. When Mr. Lebsack was in the store, he told Mr. Chavez he was going to a party. Authority member Wilson made a motion, seconded by Authority member Long, to determine that a violation did occur at Pit Stop Liquors, 315 Riverside. The motion was put with the following votes: Yeas: Long, Seegmiller and Wilson. Nays: Bujack and Oldham. Assistant City Attorney Greg Denton stated the Police Department is recom- mending a letter of reprimand be issued. ° Authority member Wilson made a motion, seconded by Authority member Long, to issue a letter of reprimand to Pit Stop Liquors, 315 Riverside. The motion was put to vote with the following votes: Yeas: Long, Seeg- miller and Wilson. Nays: Bujack and Oldham. Final Resolution on a Hotel -Restaurant License for Bennigan's, 2203 South College Avenue The Resolution was read by title only. Authority member Long made a motion, seconded by Authority member Bujack, to adopt the Resolution as presented. The Chairman put the motion with the following votes: Yeas: Bujack, Long and Seegmiller. Abstain: Oldham and Wilson. t Final Resolution on a Hotel -Restaurant License for Kelly's, 1801 North College Avenue The Resolution was read by title only. Authority member Long made a motion, seconded by Authority member Bujack, to revise the Resolution as presented. Specifically, Mr. Long requested that a paragraph be added requiring that the improvements meet code and that approval from the Building Department be received prior to issuing the liquor license. The Chairman put the motion with the following votes: Yeas: Bujack, Long and Seegmiller. Abstain: Oldham and Wilson. -9- April 28, 1982 Renewal Application for Country Inn, 115 East Harmony Road Mr. Richard Fitzgerald, 5425 S. County Road 7, Fort Collins, CO, stated he is the owner of Country Inn. Mr. Fitzgerald appeared before the Authority to clarify some concerns the Police Department was having at his establishment. Mr. Fitzgerald assured the Authority that he is the manager of the restaurant. He also stated the unpaid sales tax has been paid. Mr. Fitzgerald also explained that some bikers were hanging out and causing littering, disturbances, etc. He told the Authority that these people are no longer around. The Authority warned Mr. Fitzgerald that he must keep control of his premises and see that it is run properly or he could lose his license. Authority member Wilson made a motion, seconded by Authority member Bujack, to approve the renewal for the Country Inn, 115 East Harmony Road, pending completion of updating the file. The Chairman put the motion which was unanimously adopted. Police Report A. The Library, 1220 West Elizabeth Officer Frank Russell referred to the minutes of the February 3, 1982, meeting where Officer Kirchhoff brought the activities at The Library to the attention of the Board. Officer Russell stated that disturbances at The Library have continued and gone unreported. The Authority directed staff to write a letter to the owners of The Library requesting their presence at the May 26, 1982, meeting to discuss their concerns. It was noted that this matter would not be a formal show/cause hearing. B. Ace Liquors, 200 East Mountain Avenue Officer Russell stated he has talked with the owner, who was quite con- cerned about the violation. Officer Russell did not request a formal show/cause hearing be held. The Authority directed the City Attorney's Office to write a letter of concern to Ace Liquors informing them that the Authority is aware of the violation. A motion to this affect was made by Authority member Bujack and seconded by Authority member Wilson. -10- April 28, 1982 Adjournment The meeting was adjourned at approximately 11:00 p.m. Secretary