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HomeMy WebLinkAboutLiquor Licensing Authority - Minutes - 12/06/19890 LIQUOR LICENSING AUTHORITY MINUTES Regular Meeting - December 6, 1989 6:40 p.m. A regular meeting of the Liquor Licensing Authority was held on Wednesday, December 6, 1989, in the Council Chambers of the Fort Collins Municipal Building. The following members were present: Crowfoot, Denmark, Garber, Guerrie, Norton, and Poncelow. Authority Member Absent: Cooper Staff Members Present: John Duval, City Attorney's Office Rita Knoll, City Clerk's Office Sandy Gibson, Police Department Consent Calendar This Calendar is intended to expedite the meeting an allow the Authority to spend its time and energy on the important items on a lengthy agenda. Anyone may request an item be "pulled" off the Consent Calendar and considered separately. Items pulled from the Consent Calendar will be considered separately immediately following adopt of the Consent Calendar. Items of extreme controversy will be discussed near the end of the meeting under Pulled Consent Items. 1. Consider approval of the minutes of the November 8. 1989 regular meeting. Authority member Poncelow requested Item #1 be removed from the Consent Calendar. She stated that there was an error in the vote on approval of the manager for Diamond Shamrock and indicated that she believed Authority member Cooper voted against approval of the manager. Secretary Rita Knoll indicated she would review the audio tape and make any necessary corrections. Authority member Garber made a motion, seconded by Authority member Guerrie, to approve the minutes of the November 8, 1989 meeting conditional upon verification of Authority member Cooper's vote on the motion to approve the manager for Diamond Shamrock. Yeas: Crowfoot, Denmark, Garber, Guerrie, Norton, and Poncelow. Nays: None. THE MOTION CARRIED. • December 6, 1989 Report of Change of Manager of Vicker's #2369. 803 Riverside, Manager Approved Jody Olson, manager, stated she has been employed by Vicker's since April 1, 1988 and noted she has been at this location since the first of November. Ms. Olson indicated there were no problems at the Prospect Road location where she worked prior to transferring to this location. Authority member Garber made a motion, seconded by Authority member Guerrie, to approve Jody Olson as manager of Vicker's #2369, 803 Riverside. Yeas: Crowfoot, Denmark, Garber, Guerrie, Norton, and Poncelow. Nays: None. THE MOTION CARRIED. Registration of Rodney Rudel as Manager of Bennigan's. 2203 South College, Manager Approved Rodney Rudel, manager, stated he has been employed at Bennigan's since December, 1985, and noted he has been the general manager since September, 1988. He spoke of his duties as the manager and described the training that is provided to employees. He outlined the carding policies at the establishment. In response to a question from the Authority, Mr. Rudel addressed the establishment's promotion of "two-fers". Authority member Denmark made a motion, seconded by Authority member Norton, to approve Rodney Rudel as manager of Bennigan's, 2203 South College. Yeas: Crowfoot, Denmark, Garber, Guerrie, Norton, and Poncelow. Nays: None. THE MOTION CARRIED. Show Cause Hearing for Johnny's Liquor, 111 West Prospect, Violation Found and Three-day Suspension Ordered Jerald Blake, owner of Johnny's Liquor, indicated he had received a copy of the show cause hearing procedures. Officer Mangold, CSU Police Department, was sworn. He stated that during the early morning hours on October 8, 1989, he was approached by Robert Steine who reported that there were two individuals in the back of a pickup truck in the Westfall Hall parking lot and that the individuals were possibly serving alcohol out of the bed of the pickup. He stated he and Officer Mortensen contacted Michael Enos and Michelle Davis who were in the pickup and noted that those individuals stated they were not the owners of the alcohol or the truck and that when they passed the truck they saw alcohol coming out of the truck and they stopped to investigate. Officer Mangold stated he and Officer Mortensen returned to the truck to call the owner to come and meet with them to make sure nothing had been taken from the vehicle. He stated while they were waiting, two more individuals • December 6, 1989 approached the truck, removed the cover, and took two empty beer kegs from the truck. He identified those individuals as Scott Manning and Jeffery Robinson. Officer Mangold stated Mr. Manning and Mr. Robinson were contacted and that they stated they were not the owners of the kegs or the truck, but indicated they had been given permission from Mr. Enos to remove the kegs from the truck. Officer Mangold stated that the owner of the truck, Christopher Thoma, eventually came down to the truck. Officer Mangold testified that Mr. Thoma stated he did not give any of the four individuals permission to enter his truck or remove the kegs of beer. Officer Mangold stated Mr. Thoma was not of age to be in possession of any form of alcohol. He stated Mr. Thoma indicated that on October 8, 1989, he (Mr. Thoma), Mr. Enos, and Stacy Adams went to Johnny's Liquor store and purchased three kegs of beer. In response to a question from the Authority, Officer Mangold stated he did not see anyone consume the alcohol. Mr. Blake asked Officer Mangold if any of the individuals indicated that they purchased the beer at Johnny's. Officer Mangold responded that Michael Enos, Stacy Adams, and Christopher Thoma indicated that they went to Johnny's Liquor. He stated the individuals indicated that Mr. Enos paid for the alcohol with cash, and that Ms. Adams paid the deposit on two kegs with a personal check. He stated that Ms. Adams indicated they had not been carded at the store. He added that the individuals stated they went to the store with an empty keg and asked for it to be filled. He stated that when the individuals were informed that the store would not fill that particular keg, they were given the opportunity to purchase two additional kegs of beer. Officer Hinde, CSU Police Department, was sworn. He stated he responded to Westfall Hall on October 8 to assist Officer Mangold. He stated he contacted Stacy Adams who indicated that the kegs belonged to her. He stated he checked Ms. Adams' identification and noted she was not of age to have possession of the kegs. He stated Ms. Adams told him she had only paid a deposit on the kegs and that other people had paid for the beer at Johnny's Liquor. He stated he went to Johnny's Liquor the following week to determine how the individuals had been able to purchase the beer. Officer Hinde stated he asked to see the paperwork that would have shown the registration on the kegs of beer and the clerk showed him a receipt and the check written by Ms. Adams. He stated the receipt listed Ms. Adams' name at the top and two kegs of Coors Light beer. Officer Hinde stated the clerk did not have any further information and he returned at a later time to talk with Stuart Neubauer, the manager of Johnny's Liquor. He stated Mr. Neubauer informed him that one of the employees did sell the beer that night, but the clerk told him (Neubauer) that he had carded the male who purchased the beer. Officer Hinde added that the clerk told Mr. Neubauer that he could not remember the name or date of birth of the person and that he knew Ms. Adams was underage but it was not illegal for her to pay the deposit on the keg. Officer Hinde noted he did not interview the clerk who sold the beer. • • December 6, 1989 In response to questions from the Authority, Officer Hinde stated he did not obtain a copy of the order slip or deposit slip. He explained the process for purchasing a keg of beer. Michael Enos, 504 Westfall Hall, was sworn. He stated he and Christopher Thoma and Stacy Adams went to Johnny's Liquor on October 8, 1989 to purchase two kegs of beer. He stated his date of birth as April 6, 1971 and noted he was 18 years old on October 8. He stated no one at Johnny's Liquor asked him how old he was or asked to see an ID. Mr. Enos stated they went into Johnny's to have an empty keg filled or to exchange the empty keg for a new keg. He stated the clerk told him that could not be done. He stated money had been collected for a going -away party and there were a lot of single dollar bills and change. He stated the clerk told them how much money they needed and they counted out the money and found they were approximately $2.00 short. He stated Ms. Adams went out to the car and brought back more coins from her purse and then she wrote a check for the deposit on the keg. In response to questions from the Authority, Mr. Enos stated he was not familiar with the process for purchasing a keg of beer and that he had never purchased a keg before. He stated there were no charges filed against him in connection with this incident and that no promises were made to him in exchange for his testimony. He indicated that they were in the store approximately 10 minutes. Stacy Adams, 1019 Westfall Hall, was sworn. She indicated she and two companions went to Johnny's Liquor on October 8, 1989 to purchase two kegs of beer. She stated her date of birth as May 28, 1971 and stated she was 18 years old on October 8. Ms. Adams stated no one at Johnny's Liquor asked for her ID or how old she was. She indicated when she wrote the check for the deposit, the clerk asked why she didn't write the check for the entire amount. She stated she told the clerk she couldn't do that because she wasn't of age to purchase the beer. She stated Mr. Enos paid for the beer and she wrote a check for $110 for the deposit. In response to questions from the Authority, Ms. Adams stated she went back to the establishment after the incident because she was concerned about getting her deposit back. She stated the manager told her that the employees had not been trained and that to their knowledge it was okay for her to pay the deposit. Ms. Adams stated the clerk did not ask for her ID for the check. She stated she did not get her money back. Ms. Adams stated the comments made by Mr. Enos were accurate. She stated she had never purchased a keg of beer before. She indicated she had not received any promises in exchange for her testimony. Christopher Thoma, 503 Westfall Hall, was sworn. He stated he and his companions went to Johnny's Liquor on October 8, 1989 to purchase two kegs of beer. He stated his birthdate as December 14, 1970 and noted he was 18 years old on October 8. Mr. Thoma indicated that no one at Johnny's Liquor asked how old he was or asked to see his identification. He stated he was not in the establishment at the time the beer was paid for. He stated Stacy Adams paid the deposit on the kegs. • December 6, 1989 In response to questions from the Authority, Mr. Thoma stated he was present when discussions occurred regarding whether there was enough money to pay for the kegs and who would pay for them. He stated those discussions took place in front of the clerk. He indicated he had never before purchased a keg of beer. He stated he was present when Ms. Adams wrote the check for the deposit. Stuart Neubauer, manager of Johnny's Liquor, was sworn. He stated he spoke with Officer Hinde about the incident and stated Officer Hinde told him the CSU Police Department was investigating a potential sale to underage individuals. He stated he cooperated fully with Officer Hinde and gave Officer Hinde the name of the employee who was involved in the transaction. He stated he told Officer Hinde what the employee had told him about the incident, and requested Officer Hinde to come back and talk to the employee. He noted Officer Hinde never recontacted them. Mr. Neubauer stated he was not at the establishment at the time of the incident. He stated that during the second week that Johnny's was reopened under new ownership, he called the Fort Collins Police Department twice to request training for his employees, and noted Officer Tellez never recontacted him to schedule training. In response to questions from the Authority, Mr. Neubauer spoke of the establishment's policies with regard to the sale of liquor. He stated it was possible the employee did not understand that he should not accept a deposit on the keg from someone under the age of 21 years. Mr. Neubauer stated the employee indicated to him that he carded the person who purchased the beer. He stated as general manager he is responsible for hiring and firing employees, training employees, and ordering liquor. He indicated he is the registered manager of the establishment. Mr. Neubauer stated the CSU Police Department confiscated the kegs. He stated he called the bank to see if Ms. Adams had sufficient funds to cover the deposit check and that the bank told him that Ms. Adams did not have sufficient funds and advised him to cash the check. Jerald Blake cross-examined Mr. Neubauer. In response to Mr. Blake's questions, Mr. Neubauer stated employees are told that ID's must be checked for anyone who appears to be under the age of 30. He stated a reward is paid to employees for confiscating a fake ID. He stated he has been an employee at Johnny's Liquor for approximately 8 years. He indicated that the store's policy is to have all new employees attend the Police Department's class on checking identification. Mr. Neubauer stated he believes the employee checked the identification of the person who purchased the beer. In response to further questions from the Authority, Mr. Neubauer stated he had attended one of the seminars conducted by Officer Tellez. He indicated that employees have been fired in the past for not adhering to the store's policies. He stated the employee involved in this incident was not fired because he believes the employee's version of the incident. He indicated that this particular situation had never occurred before and noted that usually the person buying the beer also pays the deposit on the keg. • • December 6, 1989 In response to a question from the Police Investigator, Mr. Neubauer indicated that employees are trained through the Police Department's program, and that all employees are told that they should card everyone when they are new because they aren't familiar with the customers. Mr. Blake asked if the determination had been made that it is a violation for an underage person to put a deposit on the keg. It was noted that the Police Report indicates that the State Liquor Enforcement Division advised Officer Hinde that the payment of a deposit is part of the liquor purchase and therefore a violation. Robert Thompson, 1301 University #B203, was sworn. He related the events of October 8 and stated a girl came into the establishment and told him she was only putting a deposit on the keg because she was underage. He stated he assumed that was okay and he let her make the deposit. He stated he automatically carded the person who paid for the beer, because the girl had already stated she was not old enough. He indicated that the person who paid for the beer showed him an ID that stated he was of age to buy alcohol, and that the ID appeared to a valid ID. In response to questions from the Authority, Mr. Thompson stated he is 21 years old. He stated there were two other employees working at the store at the time of the incident and that the store was busy. He stated he did not know it was illegal for someone underage to put a deposit on a keg. He indicated he had received no training other than being told to card anyone who looks under the age of 30. He noted he has worked at the establishment for approximately 3 months and had been at the establishment for 5 or 6 weeks at the time of the incident. He stated he had not received any training on recognizing a false ID and related the store's policies on confiscating false ID's. In response to questions from the Police Investigator, Mr. Thompson stated he would not necessarily recognize a false ID unless it was very obvious. He stated he could not remember which guy paid for the beer and showed an ID, and noted the ID was a driver's license. Jerald Blake, owner of Johnny's Liquor, was sworn. He stated there was no confusion on the part of his employee, Mr. Thompson, as to the fact that he checked an ID, although it was difficult to remember what the person looked like. He stated they are not denying that they allowed Ms. Adams to make the deposit on the keg and questioned whether that constitutes a violation. He spoke of his recent acquisition of the establishment and noted that there are a lot of new employees. He stated he believes Mr. Thompson carded the individual who paid for the beer. Mr. Blake questioned the credibility of Mr. Enos based on the fact that he lied to the police officer during the initial contact. He stated allowing Ms. Adams to make a deposit on the keg was an honest mistake. In response to questions from the Authority, Mr. Blake indicated he and his father started Johnny's Liquor in 1969, sold the store in 1986, and • December 6, 1989 regained the store in August, 1989. He stated during his ownership of the store there have been approximately 3 violations. Officer Hinde was recalled and reminded he was still under oath. He stated he contacted the State Liquor Enforcement Division regarding a deposit on a keg being made by an underage person. He stated a Liquor Enforcement Officer stated the deposit on the keg was part of the purchase of the beer and that the deposit must be made by a person of legal age. In response to questions from the Authority, Officer Hinde stated he was present when the identification of the individuals involved in this incident was checked. He stated information he received was that the ID produced by Mr. Enos showed that he was underage. Officer Mangold was recalled and reminded he was still under oath. He stated when he first contacted Mr. Enos he asked him to produce ID. He stated Mr. Enos produced his driver's license which showed him to be underage. He noted there was no evidence to indicate that he was in possession of another ID. In response to questions from Mr. Blake, Officer Mangold stated he did not examine the contents of Mr. Enos' wallet. He explained that he watched Mr. Enos remove the ID from his wallet and noted that if he had seen another ID in the wallet he would have asked to see it. In response to questions from the Authority, Mr. Mangold stated the ID was requested during the original contact with Mr. Enos. He stated that identification is checked through the computer. Michael Enos was recalled and reminded he was still under oath. He stated he does not have a false ID and did not produce an ID at Johnny's Liquor although he did have his driver's license with him. He stated he has a New York driver's license. In closing, Police Investigator Sandy Gibson stated she believed the testimony presented was clear. In summation, Mr. Blake stated he was sure his employee carded the individual who purchased the beer. He pointed out that Mr. Enos was not truthful with the police officer during the initial contact. He stated it was possible that his employee looked at the New York state license and did not catch the age. He refuted some of the testimony offered by the individuals involved in the incident. He expressed his displeasure in being in this situation and stated if he believed they were at fault they would not have appeared to contest the violation. Mr. Blake stated they now understand the State Liquor Code regarding deposits and they will adhere to that in the future. Authority member Garber made a motion, seconded by Authority member Denmark, to find that a violation of Section 12-47-128(5)(a)(I), C.R.S., did occur at Johnny's Liquor, Ill West Prospect, on October 8, 1989. Authority member Garber stated he was sympathetic to licenseholders when employees make an error, but noted he believed there were a lot of red • December 6, 1989 flags in this situation. that holds the alcohol expressed concern that two young. He stated it make sense to him that the container is part of the purchase of the alcohol. He kegs were sold to individuals who obviously look The vote on Authority member Garber's motion to find that a violation did occur was as follows: Yeas: Crowfoot, Denmark, Garber, Guerrie, Norton, and Poncelow. Nays: None. THE MOTION CARRIED. Police Investigator Sandy Gibson declined to make a recommendation on a penalty. Mr. Blake stated they are sincerely trying to uphold the law. He reiterated that the store has many new employees and the store's policies on checking ID's. He restated that he believed his employee carded the individual purchasing the beer. He pointed out that the establishment is just getting back into business and noted they have the right intentions. Secretary Rita Knoll informed the Authority that no other violations have occurred at the establishment since the transfer of ownership was approved in August. She stated she did not research violations under the previous licensee and noted she did not have custody of the records from when Mr. Blake owned the establishment years ago. Authority member Norton stated she was upset that this incident occurred at a location so close to the campus. She stated she was leaning toward leniency in arriving at a penalty and noted she believed the short term under new ownership should be taken into consideration. Authority member Denmark stated he felt bad for Mr. Blake, but pointed out the red flags such as the pile of one dollar bills, the proximity to campus, and very young -looking individuals. He expressed concern about the possibility of a group of drunk kids driving back from Horsetooth after a party and noted the seriousness of the violation. Authority member Poncelow expressed concern about the licensee's idea that the training of employees is the responsibility of the Police Department. She pointed out that the licenseholder is responsible for ensuring that underage individuals are not allowed to purchase alcohol. She stated Officer Tellez offers his course as a public service and noted the Police Department holds no responsibility for offering the course. Authority member Garber reiterated his earlier comments and stated although he believed there was good communication between the licensee and his manager, he did not believe that communication had filtered down to the employees. He stated he believed the training provided to employees was insufficient. Authority member Garber made a motion, seconded by Authority member Denmark, to levy a five-day suspension to be served consecutively and to include a weekend night, to be served within the next 30 days, and that the • December 6, 1989 premises be posted. Yeas: Crowfoot, Denmark, and Garber. Nays: Guerrie, Norton, and Poncelow. THE MOTION FAILED TO PASS. Authority member Norton made a motion, seconded by Authority member Guerrie, to levy a one -day suspension to be served on a weekend night within the next 45 days, and that the premises be posted. Yeas: Garber, Guerrie, and Norton. Nays: Crowfoot, Denmark, and Poncelow. THE MOTION FAILED TO PASS. Authority member Crowfoot made a motion, seconded by Authority member Guerrie, to levy a three-day suspension to be served consecutively and to include a weekend night, to be served within the next 45 days, and that the premises be posted. Authority member Guerrie stated she believed the Authority was concerned because of the establishment's proximity to the University and the tremendous responsibility of the licensee to train six new employees. She stated she believed a five-day suspension was too harsh. The vote on Authority member Crowfoot's motion to levy a three-day suspension was as follows: Yeas: Crowfoot, Denmark, Garber, Guerrie, Norton, and Poncelow. Nays: None. THE MOTION CARRIED. Secretary Rita Knoll advised the Authority that Mr. Neubauer has not been registered with the Authority as indicated by the licensee. She stated at the time the application for transfer of ownership was filed, the application indicated that the manager was to be determined later. She noted after the application was heard, she received a partial packet to register Mr. Neubauer as the manager, but the paperwork was never completed so that it could be brought before the Authority. Mr. Blake stated he believed the suspension was too harsh and noted the economic hardship it will create. He questioned why the underage individual was not ticketed in this case. He expressed resentment of the burden on the retailer to police underage individuals. In response to a question from the Authority, Secretary Rita Knoll stated the licensee has the option to request permission to pay a fine in lieu of suspension and advised Mr. Blake he could obtain information from the her later in the week. Hearing on a Change of Class of License for The Town Pump, 124 North College Approved Dennis Newlun, owner of The Town Pump, was sworn. He stated he currently holds a 3.2% beer license and is interested in changing the class of license to a tavern license. He indicated that due to the change in the • • December 6, 1989 legal drinking age for 3.2% beer, his clientele has decreased. He stated he did not anticipate any changes in the clientele or character of the establishment. He stated he circulated petitions on behalf of the application and had obtained 242 signatures. Assistant City Attorney John Duval stated he had examined Applicant's Exhibits A through H and noted they were admissible into evidence. Applicant's Exhibits A through H were admitted into evidence and identified as petitions circulated on behalf of the application. Mr. Newlun described the petitioning process and explained why he struck several signatures from the petitions. In response to a question from the Authority, Assistant City Attorney Duval stated that although several signatures do not have an indication of the year, the verification of the circulator indicates that the petitions were circulated in 1989. Mr. Newlun stated the petitions contain 244 signatures and that he recalled seeing only 1 signature in opposition. He stated he encountered 3 individuals who would not sign a petition of any type, and one woman who was opposed, but declined to sign the petition. Mr. Newlun stated the establishment has been in business for 56 years and spoke of his clientele. Authority member Garber made a motion, seconded by Authority member Guerrie, to adopt Resolution 89-19 approving a change of class of license for The Town Pump, 124 North College. Yeas: Crowfoot, Denmark, Garber, Guerrie, Norton, and Poncelow. Nays: None. THE MOTION CARRIED. Show Cause Hearing for Gators, 1220 West Elizabeth, Licensee Stipulated to Violation and Letter of Reprimand Issued Greg Denton, attorney representing MCP, Inc., stated the licensee stipulates to the violation of Section 12-47-128(5)(a)(I) involving the sale of alcohol to persons under the age of 21 years. Police Investigator Sandy Gibson stated she reviewed the incident report and talked to the officers who were present at the establishment. She stated she believed that although there appeared to be some misjudgment on the part of the manager on duty that night, she did not believe it was the intent to allow underage people to consume alcohol. She stated she believed the situation got out of hand and when the officers brought it to the manager's attention, he immediately cleared the bar and stopped the situation that was evolving. Mr. Denton stated a sorority requested a private party at Gators. He stated management set up a system of stamping hands and placing plastic wristbands on individuals under 21. He stated that was a mistake and that • • December 6, 1989 the individuals over the age of 21 should have been given bands so that they had an incentive to leave the bands on. He stated the students removed the bands and did what they could to obtain alcohol. Mr. Denton stated they could neither admit or deny that alcohol was sold to those individuals, but did admit that they were consuming alcohol. He stated the licensee has had requests for similar parties which they have refused. He spoke of the licensee's cooperation with the police officers to rectify the situation. He stated the licensee now has a policy not to allow individuals under the age of 21 into the establishment unless they are sponsoring a teen night. Mr. Denton stated the employee who was in charge of the party is no longer involved in any decision -making for the establishment. He requested a letter of reprimand be issued as appropriate discipline for this incident. Secretary Rita Knoll advised the Authority that the license for Gators was approved on August 16, 1989 and that no other violations have occurred at the establishment. Authority member Garber made a motion, seconded by Authority member Crowfoot, to issue a letter of reprimand to MCP, Inc., dba Gators, 1220 West Elizabeth. Authority member Garber spoke about the cooperation on the part of the licensee when the situation was pointed out by the officers working security for the party. He stated he believed the licensee had learned a lesson from this experience. The vote on Authority member Garber's motion was as follows: Yeas: Crowfoot, Denmark, Garber, Guerrie, Norton, and Poncelow. Nays: None. THE MOTION CARRIED. Police Report Police Investigator Sandy Gibson brought to the Authority's attention the Police Report on a disturbance at Gene's Tavern, 200 Walnut Street, which was not reported to the police by the establishment. She stated this information was being presented solely to establish a record that the licensee failed to report the disturbance as required by the City Code. Ms. Gibson advised the Authority of a possible violation at Saddle Up Liquors which involved an intoxicated employee on November 30, 1989. Authority member Poncelow withdrew from consideration of this item due to a perceived conflict of interest. Authority member Norton made a motion, seconded by Authority member Crowfoot, to find that probable cause exists to schedule a show cause hearing for Saddle Up Liquors, 1015 South Taft Hill Road. Yeas: Crowfoot, Denmark, Garber, Guerrie, and Norton. Nays: None. (Authority member Poncelow withdrawn) 11 • December 6, 1989 THE MOTION CARRIED. The Authority directed incident. that subpoenas be issued to witnesses in this Authority member Poncelow stated that the show cause hearings for Johnny's Liquors and Gators were good examples of good police work. Items Relating to an Application for a Tavern Liquor License at Foothills Country Club Catering, Inc.. 6813 South College Authority member Garber withdrew from consideration and vote on this item due to a perceived conflict of interest. Authority member Denmark withdrew from consideration of this item because he was not present at the original hearing and did not feel comfortable participating in this hearing. Authority member Guerrie stated although she was not present at the November hearing on this application, she had listened to the audio tapes of the hearing and believed she had a good understanding of the status of the application. Rock Sorenson, attorney representing the applicant, stated he did not object to Authority member Guerrie participating in this matter. Authority member Crowfoot made a motion, seconded by Authority member Guerrie, to adopt Resolution 89-20 making findings regarding the denial of an application for a tavern liquor license at Foothills Country Club Catering, Inc., 6813 South College. Yeas: Crowfoot, Guerrie, Norton, and Poncelow. Nays: None. (Authority members Denmark and Garber withdrawn) THE MOTION CARRIED. Mr. Sorenson stated based on the Authority's decision regarding the acceptability for Mr. Colacino, the applicant has removed any relationship with Mr. Colacino as a party in the corporation or an employee of the corporation. He reminded the Authority that Mr. LeNorreys had no knowledge of the prior criminal history of Mr. Colacino. He pointed out that the Authority had previously determined that the premises were appropriate and that Mr. LeNorreys was acceptable as a licensee. Mr. Sorenson stated that rather than submitting a new application, he is requesting that the Authority rescind its earlier denial of the license and reconsider the application as amended with respect to the structure of the corporation. Authority member Norton made a motion, seconded by Authority member Crowfoot, to reconsider Resolution 89-17 approving a tavern license at Foothills Country Club Catering, which was denied by the Authority on November 8, 1989. Yeas: Crowfoot, Guerrie, Norton, and Poncelow. Nays: None. (Authority members Denmark and Garber withdrawn) • December 6, 1989 THE MOTION CARRIED. Secretary Rita Knoll provided the Authority with copies of the amended application packet for consideration. In response to questions from the Authority, Mr. Sorenson indicated that Mr. Colacino tendered his stock back to the corporation and resigned as an officer in the corporation. He stated he will not be an employee of the company and that employees of the corporation will be doing the catering. William LeNorreys was sworn. He spoke of changes to the operation of the establishment and stated he believes Behind the Scenes Catering is being disbanded. He stated Mr. Colacino will not be connected with the establishment in any form. He responded to questions regarding the paperwork submitted which demonstrates restructuring of the corporation. He reiterated that he had not been aware of Mr. Colacino's failure to disclose his criminal history in the application. Assistant City Attorney John Duval stated the Authority is reconsidering Resolution 89-17 and read into the record the suggested amended version of the Resolution. Authority member Crowfoot made a motion, seconded by Authority member Norton, to amend Resolution 89-17 as read by the Assistant City Attorney. Yeas: Crowfoot, Guerrie, Norton, and Poncelow. Nays: None. (Authority members Denmark and Garber withdrawn) THE MOTION CARRIED. Authority member Crowfoot made a motion, seconded by Authority member Guerrie, to adopt Resolution 89-17 as amended. Yeas: Crowfoot, Guerrie, Norton, and Poncelow. Nays: None. (Authority members Denmark and Garber withdrawn) THE MOTION CARRIED. Mr. LeNorreys thanked the Authority and stated he has held a license in Fort Collins for 6 years without a violation and stated he hopes to continue that record. Secretary Rita Knoll advised Mr. Sorenson that she would have to consult with the State Liquor Enforcement Division on how to proceed with issuance of the license. Other Business Assistant City Attorney John Duval briefed the Authority on the status of the pending appeal by TDMH, Inc., dba Archers. • • December 6, 1989 AdJournment Authority member Norton made a motion, seconded by Authority member Guerrie, to adjourn. Yeas: Crowfoot, Garber, Guerrie, Norton, and Poncelow. Nays: None. (Authority member Denmark out of the room) THE MOTION CARRIED. The meeting was adjourned at approximately 9:30 p.m. 'U'g- c tJ G. oay t t'6-t t;- Chairperson ,4 �'�—e Secretary