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HomeMy WebLinkAboutLiquor Licensing Authority - Minutes - 02/08/1982LIQUOR LICENSING AUTHORITY Special Meeting - February 8, 1982 9:00 A.M. A special meeting of the Liquor Licensing Authority was held on Monday, February 8, 1982, in the Council Chambers of the City of Fort Collins Municipal Building. Roll call was answered by the following members: Bujack, Long, Oldham, Seegmiller, and Wilson. Staff Members Present: Debbie Caster, City Clerk's Office Ken Kirchhoff, Police Department Gregory Denton, City Attorney's Office Officer Ken Kirchhoff stated that on February 4, 1982, at approximately 9:42 a.m., an underage person was sent into Ace Liquors to do a spot check due to some concerns the Authority and the Police Department has had regarding sales to underage individuals at the establishment. Officer Kirchhoff reported that the individual was able to purchase a 6-pack of beer. Afterwards, Ken stated he entered Ace Liquor accompanied by the minor, and identified himself before issuing a summons to Vincent Chung (the owner), the individual who sold the beer. Officer Kirchhoff requested that a show/cause hearing be held in reference to this violation. The Authority discussed the day and time the show/cause hearing should be held. Dates and times the Council Chambers are available were also dis- cussed. Authority member Bujack made a motion, seconded by Authority member Long, to schedule a special meeting for the show/cause hearing for Ace Liquors, 200 East Mountain Avenue, on Monday, February 22, 1982, at 1:00 p.m. The Chairman put the motion to vote which was unanimously adopted. On December 9, 1981, the Authority made a motion which would revoke the license of Ace Liquors as of March 10, 1982, if the business is not sold prior to that date. In addition, the license was to be suspended for 2 weeks unless the premises were sold within 14 days. A contract for sale was filed with the City Clerk's Office within 14 days. The Authority raised the question as to whether the license could still be suspended for the two -week period. Assistant City Attorney Greg Denton stated that the interpretation of selling the business could be satisfied by a contract for sale or by acutally holding a closing. Greg stated he feels it is more reasonable that a contract for sale is sufficient enough to satisfy the Authority's motion. -2- February 8, 1982 The Authority decided that a contract for sale will satisfy the condition of their motion on December 9, 1981, and that they will not require Ace Liquors to close down for 2-weeks. Some discussion took place regarding an appeal to City Council or District Court. It was noted that the time period to appeal the decision of the December 9 meeting has expired. However, it was noted that the decision at the show/cause hearing to be held February 22, 1982, can be appealed to City Council and possibly to District Court. Greg added that he feels confident that any decision made by the Authority will be upheld should the matter be appealed. Adjournment Authority member Oldham made a motion, seconded by Authority member Long, to adjourn. The meeting was adjourned at approximately 9:25 a.m. &k� irman