Loading...
HomeMy WebLinkAboutLiquor Licensing Authority - Minutes - 01/06/19826 • LIQUOR LICENSING AUTHORITY Regular Meeting - January 6, 1982 7:30 P. M. A regular meeting of the Liquor Licensing Authority was held on Wednesday, January 6, 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 Minutes of the Regular Meeting of December 9, 1981, Approved as Amended Authority member Long stated no roll call vote was listed for the motion on the show/cause hearing for Lemay Liquors, 1045 Garfield. Authority member Long made a motion, seconded by Authority member Bujack, to approve the minutes of the regular meeting of December 9, 1981, with the condition that the correction be made. The Chairman put the motion which was unanimously adopted. Minutes of the Special Meeting of December 16, 1981, Approved as Published Authority member Long made a motion, seconded by Authority member Bujack, to approve the minutes of the special meeting of December 16, 1981, as published. The Chairman put the motion which was unanimously adopted. Registration of Manager Washington's Bar and Grill, 132 Laporte Avenue Mr. Rick Weideman, 2018 1/2 Terrylake Road, Fort Collins, Colorado, was sworn and spoke of his past experience in the liquor business. He stated he has worked his way up into the general management level. Mr. Weideman spoke of how thorough the policies of Washington's are and how they go over these policies with their employees. He stated he spends approximately 65 hours a week at the establishment. -2- January 6, 1982 Authority member Bujack made a motion, seconded by Authority member Long, to approve the registration of manager on Rick Weideman at Washington's Bar & Grill, 132 Laporte Avenue. The Chairman put the motion which was unanimously adopted. New Application Accepted for a Beer and Wine License for Out to Lunch, 420 South Howes Authority member Bujack made a motion, seconded by Authority member Wilson, to accept the application and set the preliminary hearing for February 3, 1982, and the final hearing for March 3, 1982. The Chairman put the motion which was unanimously adopted. New Application Accepted for a Beer and Wine License for Wee Capri, 2211 South College Aven Authority member Bujack made a motion, seconded by Authority member Long, to accept the application and set the preliminary hearing for February 3, 1982, and the final hearing for March 3, 1982. The Chairman put the motion which was unanimously adopted. New Application Accepted for a Hotel -Restaurant License for Pelican's, 3620 South Mason Attorney Dave Williams, appeared to represent the applicants, and stated he did not submit the application on time with the City Clerk's Office for it to be listed on the agenda. Mr. Williams asked the Authority to consider accepting the application anyway. Authority member Bujack made a motion, seconded by Authority member Long, to accept the application and set the preliminary hearing for February 3, 1982 and the final hearing for March 3, 1982. The Chairman put the motion which was unanimously adopted. Special Events Permit (3.2%) for April 23, 1982, CSU Productions of Colorado State University (Secretary's Note: Chairman Seegmiller abstained from voting on this application by leaving the room). -3- January 6, 1982 Mr. Tom Baughn and Sharon Rome appeared on behalf of CSU Productions and were sworn. Mr. Baughn stated they are requesting a 3.2% special events license for College Days to be held Friday, April 23, 1982, on the west lawn of the Student Center building. Mr. Baughn stated a snow fence will be put up as the boundaries of the licensed premises and will have three entrances. He stated approximately 17 police officers and 60 student marshals will be available to patrol the area. A detailed training session will be conducted for people who will be selling the beer and for the student marshals. Mr. Baughn added that signs will be posted at each entrance stating that no alcohol can be carried into the licensed prem- ises. He stated that thorough checks will be made at each entrance gate to prevent liquor being carried in. A photo I.D. will be required from each person obtaining tickets for beer. In regard to minors obtaining beer from students who are of age, Mr. Baughn stated the marshals will be responsible for watching the crowd and handling any problem that may occur. He pointed out that there have been no problems with minors in the past. He stated that CSU police are aware of the upcoming event and approve of the applica- tion for 3.2% beer. Mr. Baughn stated they intend to sell beer from 10 a. m. to 4:30 p.m. and that all beer shall be consumed by 6 p.m. Authority member Long made a motion, seconded by Authority member Bujack, to approve the 3.2% special events permit for CSU Productions on April 23 from 10 a. m. to 6 p.m. The Vice -Chairman put the motion with the following votes: Yeas: Bujack, Long, Oldham and Wilson. Abstain: Seemiller. Special Events Permit (Liquor) for January 30, 1982, St. Elizabeth Seton Parish Mr. Frank Zupan and Dale Pflipson appeared on behalf of the application and were sworn. Mr. Pflipson stated they are requesting a special events license for a get-together dance the Parish is putting on for members and their guests. He stated the dance will be from 7 p.m. to 11 or 11:30 p.m. He explained that he and his wife own a lounge in the County and are familiar with the liquor laws. He stated he and his wife will bartend and police the operation. Mr. Pflipson stressed that the teenagers will be watched very closely so that they cannot obtain any liquor from the bar or adults. He stated food will be provided. Mr. Zupan stated the rest of the school's premises will be blocked with a gate so that no one can wander down the halls and into the classrooms. In closing, Mr. Pflipson stated the dance is not a fund raising event but stated it is merely an activity for the members and their guests to get acquainted. -4- January 6, 1982 Authority member Long made a motion, seconded by Authority member Bujack, to approve the special events permit for St. Elizabeth Seton Parish on January 30, 1982, from 7 p.m. to 12 midnight. The Chairman put the motion which was unanimously adopted. Transfer of Ownership Approved for Mandarin Restaurant, 1720 West Mulberry (Secretary's Note: Authority member Bujack abstained from voting on this matter by leaving the room.) Mr. Rock Sorensen, attorney representing the applicant, stated the res- taurant is a Chinese restaurant. He stated the new owners anticipate serving only a Chinese plum wine and three types of beer. Mr. Sorensen stated the Chaos are familiar with the liquor laws and ID checking proce- dures. He explained that Mr. Chao understands the English language but has difficulty speaking it. He stated that Mrs. Chao and their three children speak the English language well. The children will help out at the res- taurant but because they are all underage, none of the children will serve alcoholic beverages. Mr. Sorensen stated Mr. Chao principally handles the preparation of the food and the management of the restaurant. Mrs. Chao handles the serving of the food and liquor. He explained that no one is employed outside of the family. Mr. Sorensen stated the restaurant seats approximately 50 people. Mrs. Chao was introduced and sworn. She stated she is part-owner of the restaurant. Mrs. Chao stated she is responsible for serving the meals and liquor. She explained that she is familiar with the Colorado ID book and is comfortable in checking ID's. Authority member Wilson stressed to Mrs. Chao that any violation of the liquor laws could jeopardize their license and stated that she needs to be very vigilant in checking ID's. Authority member Oldham made a motion, seconded by Authority member Long, to approve the transfer of the beer and wine license to Chun Yun Chao at the Mandarin Restaurant, 1720 West Mulberry. The Chairman put the motion with the following votes: Yeas: Long, Seeg- miller, Oldham and Wilson. Abstain: Bujack. Transfer of Ownership Approved for Valentino's (formerly Pizza Inn), 820 City Park Avenue Mr. Charles Mike Eger, 1213 Leewood, Fort Collins, Colorado, and Jim Hawkins, 2306 Kodiak, Fort Collins, Colorado, appeared on behalf of Valen- tino's and were sworn. -5- January 6, 1982 Mr. Eger stated he is part-owner and Operations Director for all loca- tions being set up in Colorado. He stated approximately 10 restaurants will be set up in Colorado. Mr. Hawkins stated he will be the manager of the Fort Collins restaurant. He stated Valentino's is a pizza and pasta restaurant to be located where Pizza Inn used to be at 820 City Park Avenue. Mr. Hawkins stated some remodeling is being done but no major structural changes are being made. He pointed out that their seating capacity is 122 and that the seating capacity is actually being reduced from what it was as Pizza Inn. He went on to say that waitresses will be responsible for checking ID's and serving the beer. Mr. Eger stated that Jim Hawkins is an ex -police officer from Lincoln, Nebraska, and was in charge of training and personnel. It was pointed out that he had a thorough knowledge of the beer laws in Nebraska. Mr. Hawkins stated he is familiar with the City ordinances and has re- quested a copy of the Colorado Beer Code from the state. Mr. Eger stated he will not be involved in the day-to-day operations in Fort Collins. He stated there is a restaurant in Hastings in which he will work. Mr. Eger stated that all new employees watch a film as part of their training which covers beer laws, health and sanitation laws, etc. Authority member Wilson made a motion, seconded by Authority member Bujack, to approve the transfer of the 3.2% beer license to Valentino's of Fort Collins, 820 City Park Avenue. The Chairman put the motion which was unanimously adopted. Authority member Bujack made a motion, seconded by Authority member Long, to approve a change in trade name from Pizza Inn to Valentino's. The Chairman put the motion to vote which was unanimously adopted. Chairman Seegmiller requested that the show/cause hearings be heard next on the agenda. Show/Cause Hearing for Friends II. 142 Linden (Secretary's Note: The attorney representing Friends II could not be present to represent the licensee.) Authority member Wilson made a motion, seconded by Authority member Oldham, to table the show/cause hearing for Friends II, 142 Linden, to February 3, 1982. -6- January 6, 1982 The Chairman put the motion which was unanimously adopted. Show/Cause Hearing for Paul's Pizza, 1301 West Elizabeth Mr. Rock Sorensen, attorney representing the applicant, stipulated to the fact that fermented malt beverage was sold. Assistant City Attorney Greg Denton called Richard Wheeler, 905 West 6th, Laporte, Colorado, who was sworn, and stated his date of birth was 12-14-63. Mr. Wheeler explained the instructions given to him by Officer Martinez. Richard stated he entered Paul's Pizza and purchased a draw of Miller beer which he put into an evidence bottle and gave to Officer Martinez. He stated he was not asked for any identification. He also stated he was not accompanied by anyone. For the record, it was noted that on September 11, 1981, Richard was dressed in blue jeans, a western shirt and a ball cap. Richard explained that he accompanied Officer Martinez back into Paul's Pizza to point out the employee who sold him the beer. Rock Sorensen stated Debra Ekborg, the employee who sold the beer, is not able to be present to give testimony. He stated she was scheduled for appearance in County Court December 22, 1981, but failed to appear upon being notified in writing. Authority member Bujack made a motion, seconded by Authority member Oldham, to determine that a violation did occur at Paul's Pizza, 1301 West Eliza- beth, on Friday, September 11, 1981. Mr. Sorensen called Mr. Paul Oberg, who was sworn, and stated he is the owner and license holder of the establishment. He stated the assistant manager was working the evening of September 11. Mr. Oberg stated he spoke with Ms. Ekborg, who indicated that the person she served beer to stated he did not have his ID with him but has been in before and purchased beer. He stated Ms. Ekborg has worked for Paul's Pizza for 3 1/2 years and has been an excellent employee. He stated he has more trust in her since the violation, although she is no longer employed. Mr. Oberg stated he spoke to all his employees after the violation to reinforce his policies. He then spoke briefly of his training policies. Mr. Oberg stated he works between 28 and 30 hours a week and rotates working the weekend nights with his employees. In closing, Mr. Oberg stated he feels his employees were getting casual in checking ID's but stated he feels that since the viola- tion his employees are following the policies again. Assistant City Attorney Greg Denton stated the recommendation by the Police Department is a letter of reprimand. Chairman Seegmiller stated that Paul's Pizza is located very near the campus and stressed to Mr. Oberg the importance of checking ID's since minors will be tempted to try and purchase beer in this neighborhood. -7- January 6, 1982 Authority member Wilson stated that minors are getting away with purchasing beer and liquor simply because they act as though they are old enough. She stressed to Mr. Oberg that he needs to emphasize to his employees to check ID's and not to let actions fool them. Authority member Bujack made a motion to direct the City Attorney's Office to write a letter of reprimand. Due to a lack of second, the motion died. Authority member Wilson made a motion, seconded by Authority member Oldham, for a one -day suspension of the license to be held in abeyance for one year (until January 6, 1983) and to be served in addition to any other suspen- sion should another violation occur. The motion was put with the following votes: Yeas: Long, Seegmiller, Oldham and Wilson. Nays: Bujack. Final Hearing for a Hotel Restaurant License for ShowBiz Pizzu Place, 105 West Prospect Mr. Brian McMahill, attorney representing the applicant, stated that they would ask that the license be approved contingent upon favorable reports from the Colorado Bureau of Investigations. He stated if a favorable report was not issued, they would waive the requirement for a hearing and stated summary revocation would be in order. Authority member Oldham made a motion, seconded by Authority member Bujack, to approve the Hotel -Restaurant license for ShowBiz Pizza Place, 105 West Prospect, contingent upon a favorable police report from the Colorado Bureau of Investigations. The motion was put which was unanimously adopted. Registration of Manager for ShowBiz Pizza Place, 105 West Prospect Mr. Donald Smith was present at the December 9, 1981, regular meeting so the Authority did not inquire further of Mr. Smith. Authority member Oldham made a motion, seconded by Authority member Wilson, to approve the registration of manager of Donald Smith for ShowBiz Pizza Place, 105 West Prospect. The Chairman put the motion which was unanimously adopted. -8- January 6, 1982 Final Hearing for a Hotel -Restaurant License for Jefferson Street Station, 200 Jefferson 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. Rick Zier, attorney representing the applicant, stated the applicants have not been interviewed by Officer Ken Kirchhoff because the Police Department stated the interviews would be waived since the officers of the corporation are out of state. It was pointed out, however, that finger- prints have been submitted. Mr. Zier called Mr. Max Scott who was sworn, and stated he is the owner of Oedipus, Inc., a surveying firm in Boulder. Mr. Scott explained how the survey was conducted. Applicant's Exhibit 1 was submitted and identified as the report outlining the results of the survey. Applicant's Exhibit 2 was submitted and identified as 5 different petitions circulated by em- ployees of Oedipus, Inc. Mr. Scott stated approximately 350 people con- tacted were in favor of the license, or 96%. Approximately 16 people were opposed to the license, or 4%. He spoke briefly of the qualifications of the petition passers in which he employs. Mr. Zier called Mr. Edward Elpers, 2419 Benjamin, Wichita, Kansas, who was sworn and stated he is the President of Station Masters, Inc. Mr. Elpers stated he is self-employed in restaurant equipment and restaurant design. He spoke briefly of his background in the restaurant business since 1971. Mr. Elpers discussed the floor plan and stated the restaurant will seat 144 people. He pointed out that this is the location of the old depot and explained that they will be applying for an expansion of premises if Union Pacific will lease to them some right-of-way space directly behind the station. Should this happen, a 6-foot fence will enclose the patio area. He stated the outdoor area will seat 60 people. Mr. Elpers stated the restaurant will be open seven days a week from 11 a.m. - 2 a.m. except on Sundays. Mr. Elpers went on to explain the training policies and proce- dures. He stated the training is quite extensive and on -going. The ID checking policy is for anyone looking under the age of 30 years old to be carded. When an employee is caught without checking an individual whose age is in question, Mr. Elpers stated this is considered a very serious offense because it places their license in jeopardy. He stated he has never been cited for any liquor law violation in his experience in the restaurant business. Mr. Elpers continued to speak of the restaurant operation and menu. He stated they will offer "mocktails" which are non-alcoholic drinks which look like real drinks. He explained that -9- January 6, 1982 this was designed for minors and other people who feel the peer pressure to drink and appear to be in the "in crowd". In closing, Mr. Elpers spoke very highly of the other owners and their qualifications. Mr. Zier called Mr. Jim Reidhead, 235 Linden, who was sworn, and stated he is the Rehabilitation Construction Manager for Old Town Associates. Mr. Reidhead stated he has been involved in building renovations for approxi- mately 4 years. He went on to say that he would encourage the use of the old depot, which is an historic building, as a restaurant. Authority member Bujack made a motion, seconded by Authority member Wilson, to approve the Hotel -Restaurant license for Jefferson Street Station, 200 Jefferson, with the condition that the fingerprinting for all individuals be completed. The Chairman put the motion to vote which was unanimously adopted. Final Hearing for a Hotel -Restaurant License for Denny's, 2413 South College Avenue The Resolution outlining the resu'ts 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. Harry Simon, attorney representing the applicant, called Mr. Andy Michaels, who was sworn, and stated he is employed by Stephen and Company, a real estate firm. He also stated he was present to represent Data Lab Management, the owner of the shopping center in which Denny's is located. Mr. Michaels stated he has found it difficult to get a drink in a family - type restaurant at lunch or dinner in the area. He stated he feels the needs of the neighborhood are not presently being met. Mr. Simon called Mr. Wilfred O'Neal, who was sworn and stated he is the owner of Wee Willy's Ice Cream and Pie. Mr. O'Neal stated he finds it difficult to get a drink at lunch or dinner time in the existing neighbor- hood. He stated he feels the needs of the neighborhood are not currently being met and stated he favors the issuance of this license. Mr. Simon called Mr. Ken McKee, who was sworn and stated he is the Director of Operational Services for Denny's, Inc. He spoke briefly of the oper- ation of the restaurant. Financial Statements, marked as Applicant's Exhibits 1 and 2, were submitted. There are approximately 25 Denny's restaurants in Colorado, three of which hold a liquor license. Mr. McKee -10- January 6, 1982 stated no Denny's restaurant has ever been denied a license or cited for a violation. He explained that this restaurant will serve beer and wine only. Mr. McKee stated the license is needed due to the request from customers to have beer or wine with their meals. He added that over the years, alcoholic drinks have become more and more acceptable at family meals. He stated Denny's attracts more family business if alcohol is available. Applicant's Exhibit 3 was submitted and identified as the menu for Denny's. Mr. McKee spoke of the training program for managers. He stated the management then is responsible for training the waitresses and employees of the restaurant. The training covers beer and wine laws, ID checking policies and enforcement of the liquor laws pertaining to serving minors. Mr. McKee stated no other changes in the restaurant will take place. Chairman Seegmiller stated that because Denny's is a 24-hour restaurant, attempts to purchase liquor beyond 2 a.m. could be made. He then stressed to Mr. McKee the importance of ID checking and training among the em- ployees. Mr. Simon called Mr. Frederick Brigham, Sr., 1736 Eastwood Court, Fort Collins, Colorado, who was sworn and stated he is the manager of Denny's located at 2413 S. College. Mr. Brigham stated he is responsible for the overall operation of the restaurant. He stated he will receive the re- quired training and then train his employees on all of the liquor laws. He stated he will receive the training once the liquor license is approved. He added that the company provides a manual for all employees' reference. Mr. Brigham stated between his assistant and himself, a manager is present 20 out of 24 hours a day. He testified that no other establishment in the area is similar to Denny's. He also stated that several customers have requested alcoholic beverages with their meals. Because the Authority is considering the registration of Mr. Brigham as the manager of Denny's, Mr. Brigham spoke briefly of his background in the restaurant business. Mr. Simon called Mr. Max Scott, who was sworn, and stated he is the Presi- dent of Oediups, Inc., a surveying firm in Boulder. Applicant's Exhibit 4 was submitted and identified as the report outlining the results of the survey. Applicant's Exhibit 5 was submitted and identified as the 5 packets of petitions circulated on behalf of the application. Mr. Scott explained how the survey was conducted and the results. He stated approxi- mately 84% of the people contacted favored the application. Mr. Scott spoke briefly of the neighborhood and pointed out that he feels the needs and desires of the neighborhood are not presently being met. Authority member Bujack made a motion, seconded by Authority member Long, to approve the Hotel -Restaurant license for Denny's, 2413 South College Avenue, and to approve the registration of manager for Mr. Frederick Brigham, Sr. -11- January 6, 1982 The Chairman put the motion to vote which was unanimously adopted. Final Resolution on a Hotel -Restaurant License for E1 Burrito 404 Linden 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 which was unanimously adopted. Final Resolution on a Hotel -Restaurant License for ShowBiz Pizza Place, 105 West Prospect 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 which was unanimously adopted. Police Report There was no police report given for the month of January. Adjournment Authority member Bujack made a motion, seconded by Authority member Long, to adjourn. The meeting was adjourned at approxi Secretary