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HomeMy WebLinkAboutLiquor Licensing Authority - Minutes - 05/25/19830 • LIQUOR LICENSING AUTHORITY Regular Meeting - May 25, 1983 7:30 P.M. A regular meeting of the Liquor Licensing Authority was held on Wednesday, May 25, 1983, in the Council Chambers of the City of Fort Collins Muni- cipal Building. Roll call was answered by the following members: Bujack, Monaghan, Sheahan, Veazie and Wilson. Authority Members Absent: Long. Staff Members Present: Debbie Caster, City Clerk's Office Ken Frazier, City Attorney's Office Frank Russell, Police Department Minutes of the Regular Meeting of April 27, 1983, Approved as Published Authority member Bujack made a motion, seconded by Authority member Veazie, to approve the minutes of the regular meeting of April 27, 1983, as published. The Chairperson put the motion with the following votes: Yeas: Bujack, Monaghan, Sheahan, Veazie and Wilson. Nays: None. Renewal Application for Sportsman Bar, 210 Walnut Authority member Bujack made a motion, seconded by Authority member Veazie, to approve the renewal for Sportsman Bar, 210 Walnut. The Chairperson put the motion with the following votes: Yeas: Bujack, Monaghan, Sheahan, Veazie and Wilson. Nays: None. New Application Accepted for a Beer and Wine License for DeVita's Italian Restaurant, 1005 West Stuart Authority member Bujack made a motion, seconded by Authority member Shea- han, to accept the new application and set the preliminary hearing for June 22, 1983, and the final hearing for July 20, 1983. The Chairperson put the motion with the following votes: Yeas: Bujack, Monaghan, Sheahan, Veazie and Wilson. Nays: None. -2- May 25, 1983 New Application Accepted for Hotel -Restaurant License for Diorio's, 120 Hereford Way Authority member Bujack made a motion, seconded by Authority member Veazie, to accept the new application and set the preliminary hearing for June 22, 1983, and the final hearing for July 20, 1983. The Chairperson put the motion with the following votes: Yeas: Bujack, Monaghan, Sheahan, Veazie and Wilson. Nays: None. Extended Hours for Sportsman Bar,'210 Walnut Mr. Cliff Holtcamp, owner, stated he is applying for the extended hours license due to the many requests he has received from customers. In addition, he stated the longer daytime hours are an incentive to remain open longer. Mr. Holtcamp stated he plans to be open from 8 a.m. to 12 midnight. With the additional hours, Mr. Holtcamp stated he will schedule his employees so that they work shifts. He stated he has an employee who has worked for him 12 years who acts as manager in his absence. Authority member Monaghan made a motion, seconded by Authority member Bujack, to approve the extended hours for Sportsman Bar, 210 Walnut. The Chairperson put the motion with the following votes: Yeas: Bujack, Monaghan, Sheahan, Veazie and Wilson. Nays: None. Special Events License (Liquor) for St. Joseph's Church, June 24, 25, 26, 1983 Rev. Thomas Woerth explained the Church is sponsoring a two-day event which will be family -oriented. He stated events during the day Saturday will include children's booths, games, etc. Friday and Saturday night will include a casino, pig roast, country -western dance, food booths, etc. He noted that Friday and Saturday night will be limited to adults only. Rev. Woerth stated cocktail waitresses will be on hand to serve drinks on an individual basis, thus avoiding a person ordering a quantity of drinks for a large group. This provides security and control in that no one under age will receive a drink. Authority member Bujack questioned whether a special events permit is allowed within 500 feet of a school. -3- May 25, 1983 Assistant City Attorney Ken Frazier stated that a special event would be allowed during a time the school is not open. It was noted that the event will take place during a weekend and that school will be out for the summer. Rev. Woerth stated no one under 21 years should be present Friday or Saturday evening since it is limited to adults. He explained that bar- tenders and waitresses will be trained as to how to check for ID's and make and serve drinks. In addition, security guards (uniformed off -duty offi- cers) will be stationed at the gates. He stated everyone will be checked for ID at the gate and at the bar areas. Rev. Woerth presented a floor plan which indicated the areas that liquor and beer will be served. He stated the shaded areas indicate the areas where liquor is to be served. Authority member Monaghan made a motion, seconded by Authority member Sheahan, to approve the special events permit for St. Joseph's Church for June 24 from 6 p.m. to 2 a.m. (June 25) and for June 25 from 10 a.m. to 2 a.m. (June 26). The Chairperson put the motion with the following votes: Yeas: Bujack, Monaghan, Sheahan, Veazie and Wilson. Nays: None. Authority member Bujack noted that he feels the law is discriminatory in that it allows a church to have liquor within 500 feet of a school and a liquor establishment cannot. Registration of Manager Winston's, 3905 South College Avenue Mr. Christopher Brown, 1455 Ivy Street, Fort Collins, Colorado, spoke of his background. Mr. Brown stated he has worked for Concept Restaurants for 11 years and has extensive experience in management. He stated there will be no operational changes at Winston's. Authority member Bujack made a motion, seconded by Authority member Veazie, to approve the registration of manager for Christopher Brown at Winston's, 3905 South College Avenue. The Chairperson put the motion with the following votes: Yeas: Bujack, Monaghan, Sheahan, Veazie, and Wilson. Nays: None. -4- May 25, 1983 Registration of Manager Moot House, 2626 South College Avenue Mr. James Garber, 7609 Weld County Road 15, Windsor, Colorado, spoke of his background. Mr. Garber stated he previously managed the Eatin, Place in Eaton, Colorado, which holds a liquor license. Prior to that, Mr. Garber explained that he was a deputy sheriff for Weld County. He stated part of his job was to enforce the liquor laws in the County. Mr. Garber stated he works 60-80 hours per week at the restaurant. He explained that he has two assistant managers. He stated he is responsible for training all employ- ees. Officer Frank Russell stated the fingerprints for Mr. Garber have cleared through the Colorado Bureau of Investigations. , Authority member Bujack made a motion, seconded by Authority member Veazie, to approve the registration of manager for James Garber for the Moot House, 2626 South College Avenue. The Chairperson put the motion with the following votes: Yeas: Bujack, Monaghan, Sheahan, Veazie and Wilson. Nays: None. Preliminary Hearing for a Beer and Wine License for Cuisine! Cuisine!, 126-130 South Mason The boundaries as proposed by the Administration were as follows: North from the subject premises to Hickory Street extended to Conifer Street West from the subject premises to Shields Street. South from the subject premises to University Avenue extended to Garfield. East from the subject premises to Lemay Avenue and City limits. Mr. Russ Phipps, owner, stated the boundaries are acceptable. Authority member Veazie made a motion, seconded by Authority member Bujack, to accept the boundaries as proposed for Cuisine! Cuisine!, 126-130 South Mason. The Chairperson put the motion with the following votes: Yeas: Bujack, Monaghan, Sheahan, Veazie and Wilson. Nays: None. -5- May 25, 1983 Preliminary Hearing for a Hotel -Restaurant License for China Palace Restaurant, 117-119 South College Avenue The boundaries as proposed by the Administration were as follows: North from the subject premises to Hickory Street to Conifer Street. West from the subject premises to Shields Street. South from the subject premises to University Avenue extended to Garfield. East from the subject premises to Lemay Avenue and City limits. Ms. Amy Huang, owner, stated the boundaries are acceptable. Authority member Bujack made a motion, seconded by Authority member Veazie, to accept the boundaries as proposed for China Palace Restaurant, 117-119 South College Avenue. The Chairperson put the motion with the following votes: Yeas: Bujack, Monaghan, Sheahan, Veazie and Wilson. Nays: None. Change of Corporate Structure for Nicky's, 6813 South College Avenue Mr. Nick Kane, 1350 U.S. 34, Estes Park, Colorado, stated he is the owner of Nicky's Restaurant in Estes Park. Mr. Kane explained he has purchased the stock of Hermitage Inn, Inc. and that he is 100% owner. Secretary's Note: It was noted that a change in trade name will need to be considered to approve the name change from Hermitage Inn to Nicky's. Mr. Kane stated he has held a license in Estes Park for 16 years without a violation. He stated he is very familiar with Colorado Liquor Laws. He explained that he is responsible for training all employees. It was noted that assistants are present at the restaurant when he is absent. Mr. Kane stated his business specializes in food and that the liquor is being requested only to complement the menu. Authority member Monaghan made a motion, seconded by Authority member Bujack, to approve the change of corporate structure for Hermitage Inn, Inc. and the change in trade name from Hermitage Inn to Nicky's, 6813 South College Avenue. am May 25, 1983 The Chairperson put the motion with the following votes: Yeas: Bujack, Monaghan, Sheahan, Veazie and Wilson. Nays: None. Transfer of Ownership for Durkee's Mart, 1005 West Stuart, Unit 4A Mrs. Judy Durkee, 1805 South Shields A-9, Fort Collins, Colorado, stated she purchased the Spring Creek Handi Foods Store on April 1, 1983, from Robin Jones. She explained that the store is a convenience store in which she recently installed a coffee -donut sit-down counter. Mrs. Durkee stated the business is a family operation. She stated they are open 6 a.m. to 11 p.m. 7 days a week. She added that each employee is familiar with the beer laws and has been instructed as to how to checkjor ID's. Mrs. Durkee then spoke of the financial arrangements. Authority member Monaghan made a motion, seconded by Authority member Veazie, to approve the transfer of ownership from Robin Jones to Judy Durkee dba Durkee's Mart, 1005 West Stuart, Unit 4A. The Chairperson put the motion with the following votes: Yeas: Bujack, Monaghan, Sheahan, Veazie and Wilson. Nays: None. Transfer of Ownership for Spring Creek Liquors, 1005 West Stuart Ms. Elizabeth Jones, 1705 Heatheridge #F-105, Fort Collins, Colorado, stated she purchased the liquor store from Robin Jones approximately December, 1982. She explained that she assumed Robin's note when she purchased the business. Mrs. Jones stated she is on the premises every day. She also stated that the Colorado Liquor Code and the ID Guide Booklet are on the premises at all times. Mrs. Jones stated she has no prior experience with a liquor license although she is familiar with the state laws. She noted that there will be no changes in operation. The hours of operation are 10 a.m. to 12 midnight. Authority member Bujack made a motion, seconded by Authority member Veazie, to approve the transfer of ownership from Robin H. Jones to Elizabeth F. Jones dba Spring Creek Liquors, 1005 West Stuart. The Chairperson put the motion with the following votes: Yeas: Bujack, Monaghan, Sheahan, Veazie and Wilson. Nays: None. 0 -7- May 25, 1983 Transfer of Ownership for Jefferson Market, 622 North College Avenue Mr. Jeffrey Cason, 8112 Mummy Range Drive, Fort Collins, Colorado, spoke briefly of his background. He stated he has worked as an assistant manager at a 3.2% bar in Loveland, Colorado for almost 2 years. Mr. Cason stated he is very familiar with the beer laws and identification requirements. He noted that they have the ID Guide Booklet on the premises at all times. Mr. Cason stated an employee who worked for the previous owner has remained on at the store. He noted this employee is quite capable and acts as manager in his absence. Mr. Cason stated he is currently on the premises 115 hours per week. The hours of operation are from 8 a.m. to 9 p.m. Sunday through Thursday and from 8 a.m. to 10 p.m. Friday and Saturday. The Board inquired about Mr. Cason's drinking record. Mr. Cason explained that he is no longer drinking in excess and has participated in an alcohol rehabilitation program. Mr. Cason stated that he attended the project B.R.I.T.E. program earlier this year. Officer Frank Russell stated the fingerprints have cleared through the Colorado Bureau of Investigations. Authority member Bujack made a motion, seconded by Authority member Monag- han, to approve the transfer of ownership from Gary L. Crites to Jeffrey L. Cason dba Jefferson Market, 622 North College Avenue. The Chairperson put the motion with the following votes: Yeas: Bujack, Monaghan, Sheahan, Yeazie and Wilson. Nays: None. Final Hearing for.a 3.2% Fermented Malt Beverage License (Class B) for Fast Lane, 200 West Horsetooth Road Mr. David Wood, attorney representing the applicant, called his first witness, Mr. Paul Murphy. Mr. Paul Murphy, 2484 Houston Waring Circle, Littleton, Colorado, was sworn and stated he is the manager for Asamera Oil Company. He briefly spoke of his educational and work background. He stated he is responsible for developing and creating convenience store outlets. Mr. Murphy stated the hours of the store will be 6 a.m. to 12 midnight Monday through Saturday and from 7 a.m. to midnight on Sunday. He explained that the store will carry a minimum line of grocery products. -8- May 25, 1983 Mr. Murphy explained that Asamera Oil (U.S.) is a wholly owned subsidiary of Asamera Inc. It was noted that the corporation is applying for the license. He stated Asamera Oil is the largest producer of crude oil in the State of Colorado. He added that Asamera Oil is the owner of Gasamat retail outlets. Mr. Murphy stated the building is currently under con- struction, scheduled to open approximately July 2, 1983. He stated he will be the manager of the store. During the first three months, he stated he will be on the premises at all times. After that, a new manager will be hired to be on the premises at all times. He stated he will employ 4 cashiers and 1 assistant manager, all of which will report to him directly. The company has a policy and procedures manual which includes their policy on 3.2% beer. The manual is given to all employees to study and refer to as needed. Mr. Murphy described the location of the proposed store. He then described the building and gas pumps. He added that prior to locating at 200 West Horsetooth, a feasibility study was conducted. Mr. Murphy stated he feels the study and the results of the petitioning prove that a 3.2% Class B license is needed in the neighborhood. Mr. David Wood called his second witness, Mr. Max Scott. Mr. Max Scott, owner of Oedipus, Inc., 2902 5th Street, Boulder, Colorado, was sworn and stated he owns and operates the surveying firm who conducted the petitioning for this license. Mr. Scott then explained how the survey was conducted. Applicants Exhibit 1 was submitted and identified as a summary report of the statistical analysis. Applicants Exhibit 2 was submitted and identified as packets of petitions. Based on the needs and desires, the survey indicates that 85% of the neighborhood is in favor of the license. Mr. Scott stated the survey results are very good for an off -premise 3.2% beer license. The floor plan was reviewed by the Authority. It was noted that the check out counter is slightly raised which allows the cashier to keep an eye on the beer cooler at all times. Authority member Monaghan made a motion, seconded by Authority member Veazie, to approve the 3.2% fermented malt beverage (Class B) license for Asamera Oil (U.S.) Inc. dba fast Lane, 200 West Horsetooth Road. The Chairperson put the motion with the following votes: Yeas: Bujack, Mnaghan, Sheahan, Veazie and Wilson. Nays: None. -9- May 25, 1983 Final Resolution on a 3.2% Fermented Malt Beverage (Class B) License for Fast Lane, 200 West Horsetooth Road The Resolution was read by title only. Authority member Bujack made a motion, seconded by Authority member Mon- aghan, to adopt the Resolution as presented. The Chairperson put the motion with the following votes: Yeas: Bujack, Monaghan, Sheahan, Veazie and Wilson. Nays: None. Final Hearing for a Hotel -Restaurant License for Bisetti's Italian Restaurant, 120 South College Avenue The Resolution outlining the results of the preliminary hearing was read by title only. Authority member Bujack made a motion, seconded by Authority member Mon- aghan, to adopt the Resolution as presented. The Chairperson put the motion with the following votes: Yeas: Bujack, Monaghan, Sheahan, Veazie and Wilson. Nays: None. Mr. Robert Bisetti, 607 Strachan Drive, Fort Collins, Colorado, was sworn and stated he is the owner of Bisetti's Italian Restaurant. Mr. Bisetti spoke briefly of his background. He noted that he currently holds a beer and wine license. Mr. Bisetti stated he has never had a violation within the 4 1/2 years he has held a license. He then explained that the reason he is applying for the hotel -restaurant license is because his clientele has requested the full liquor license. Mr. Bisetti stated he has hired a very experienced and trained bartender who will work under his supervision. He added that he does not intend to run a bar. He stated liquor is to be served with meals. Mr. Bisetti stated the Pasta Shop is being converted into a lounge and bar area. He stated the lounge area will seat 14 people. He added that the lounge will close when the restaurant closes. He noted that there will be no operational changes in the business. Mr. Bisetti stated the hours of operation are flexible. They are open from 11 a.m. to midnight Friday and Saturday unless there are no customers. Mr. Bisetti presented his petitions to the Authority. He stated the petitions were circulated within a 3 1/2 square block from the restaurant. He testified that few people refused Bisetti also noted the restaurant. -10- an employee circulated to sign the petitions that one page of the May 25, 1983 the petitions. He noted that a due to religious reasons. Mr. petitions were circulated within Authority member Monaghan made a motion, seconded by Authority member Bujack, to approve the hotel -restaurant license for Robert J. Bisetti dba Bisetti's Italian Restaurant, 120 South College Avenue. The Chairperson put the motion with the following votes: Yeas: Bujack, Monaghan, Sheahan, Veazie and Wilson. Nays: None. Final Resolution on a Hotel -Restaurant License for Bisetti's Italian Restaurant, 120 South College Avenue The Resolution was read by title only. Authority member Bujack made a motion, seconded by Authority member Veazie, to adopt the Resolution as presented. The Chairperson put the motion with the following votes: Yeas: Bujack, Monaghan, Sheahan, Veazie and Wilson. Nays: None. Police Report Officer Frank Russell informed the Board that Johnny's Liquors, 111 West Prospect, in the past has had a poor record of liquor law violations. He stated that during College Days in April, the establishment handled them- selves very well. He also noted that they have assisted the Police Depart- ment in some of their prosecutions. Officer Russell noted that during the last few months the Police Department has been informed that the Armadillo has been serving to minors. He stated that he has talked to the managers about the situation. In addition, Officer Russell explained that the Armadillo has failed to file a regis- tration of manager, as required by State Code. He noted that if they do not file the appropriate papers within the next week, he will bring them before the Board for a show/cause hearing. Officer Russell stated he sent a letter of concern to Kelly Kamandy, present owner of Kelly's Bar regarding an incident in which the bartender failed to report a disturbance. He noted that the bar is currently oper- -11- May 25, 1983 ating under a management agreement. The new owners have not yet filed their papers with the City Clerk's Office. Officer Russell stated if the papers are not filed within the next few weeks, a show/cause hearing will be requested. Officer Russell requested a show/cause hearing for a violation occurring at Bananas, 3500 South College Avenue. Specifically, on May 10, 1983, the Police Department was informed that minors who are employed at the res- taurant were given drinks by the management. Authority member Bujack made a motion, seconded by Authority member Shea- han, to determine that there is probable cause and scheduled the show/cause hearing to be held on June 22, 1983. The Chairperson put the motion with the following votes: Yeas: Bujack, Monaghan, Sheahan, Veazie and Wilson. Nays: None. Adjournment Authority member Bujack made a motion, seconded by Authority member Shea- han, to adjourn. The Chairperson put the motion which was unanimously adopted. The meeting was adjourned at approximately 9:55 p.m. a uac�L - Chairperson