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HomeMy WebLinkAboutLiquor Licensing Authority - Minutes - 01/11/1978Liquor Licensing Authority Regular Meeting - January 11, 1978 7:30 p.m. A regular meeting of the Liquor Licensing Authority was held on Wednesday, January 11, 1978, at 7:30 p.m. in the Council Chambers of the City of Fort Collins Municipal Building. Roll call was answered by the following mem- bers: Bean, Long, Renz, Seegmiller and Wilson. Staff members present: Sgt. Bob Mason, Police Department Wanda Krajicek, Deputy City Clerk Also: Assistant City Attorney Ramsey Myatt Minutes of the regular meeting of December 14, 1977, approved as published. Authority member Long made a motion, seconded by Authority member Renz, to approve the minutes of the regular meeting of December 14, 1977, as pub- lished. The Chairman put the motion which was unanimously adopted. The Chairman read the hearing procedure at length before proceeding with the final hearing. Final hearing on a Retail Liquor Store application for M. W. and Shirley J. Kurtz dba Spring Creek Liquors, 1005 West Stuart, application approved. The resolution setting forth the findings of the preliminary hearing and establishing the boundaries was read by title only as a complete copy had been furnished to each Authority member with the agenda. Authority member Bean made a motion, seconded by Authority member Long, to adopt the Resolution. The Chairman put the motion which was unanimously adopted. RESOLUTION OF THE LIQUOR LICENSING AUTHORITY OF FORT COLLINS SETTING FORTH FINDINGS ON A PRELIMIN— ARY HEARING ON A LIQUOR LICENSE APPLICATION WHEREAS, heretofore, M. W. Kurtz and Shirley J. Kurtz, doing business as Spring Creek Liquors, made application to the Liquor Licensing Authority for a Retail Liquor License; and January 11, 1978__ WHEREAS, the Liquor Licensing Authority has received reports concerning such applications, and has held a prelim- inary hearing on such application as provided in Rule 3 of the Rules of Procedure of the Liquor Licensing Authority. NOW, THEREFORE, BE IT RESOLVED BY THE LIQUOR LICENSING AUTHORITY OF THE CITY OF FORT COLLINS, that the Authority hereby makes the following preliminary findings and deter- minations concerning this application, subject to the right of any party in interest to present further evidence concerning any of such findings and determinations at the hearing to be held on this application on the llth day of January, 1978: 1. That the subject premises are proper premises under the ordinances of the City of Fort Collins and the laws of the State of Colorado to be licensed for the sale of liquor as applied for by the applicant. 2. That the boundaries of the neighborhood to be served by this applicant are as follows: South from the subject premises to the City limits, West from the subject premises to the City limits, North from the subject premises to Mulberry Street, and East from the subject premises to College Avenue. 3. That the necessary notice of hearing by publication and by posting of the premises has not been given as provided by law, and the Authority has directed the City Clerk to accomplish said notice prior to the hearing date. 4. That the applicant is qualified under the ordinances of the City and the laws of the State for the license applied for. 2 - • • January 11, 1978 5. That the application is in proper form and will be heard by the Authority on January 11, 1978. Passed and adopted at a regular meeting of the Liquor Licensing Authority held this llth day of January, 1978. Chairman ATTEST: a. "A",_'I 1 �,,;City Clerk Nr. Gene Fischer, attorney for the applicants M. "V. and Shirley J. Kurtz, called Mr. M. W. Kurtz, 1600 W. Stuart as his first witness. Mr. Kurtz was duly sworn before giving testimony and introduced his wife, Shirley. He spoke of his length of residency in Larimer County and stated that he and Mrs. Kurtz resided in the area to be served should this license be granted and are approximately 2z blocks from the proposed outlet. Mr. Kurtz described the building his firm, Kurtz Construction, is constructing and spoke of the lengthy Planning and Zoning and City Council action that was involved in the zoning and development of Spring Creek Plaza as a neighborhood shoppette. He stated that the Planning and Zoning Board was in favor of the shoppette as long as it was more pedestrian and bicycle oriented than automobile oriented. He noted that there was no street cut allowing access to Shields Street and that ingress and egress was via West Stuart or Spring Creek Lane. He also estimated the distances to the other Retail Liquor Store outlets located within the boundary area: Johnny's Liquors 1.3 miles; Campus West Liquors - 1.1 miles; Saddle -Up Liquors - 2.1 miles; Foothills Discount Liquors - 3 miles; Aggie Discount Liquors - 1.8 miles; and South College Liquors - 2.7 miles. Mr. Kurtz stated that the proposed outlet would be operated by he and his wife and that the shopping center would be owned by them also. He noted that petitions containing in excess of 945 signatures had been circulated in the immediate area of the proposed outlet in support of his application and that he was aware that petitions had also been circulated in opposition. He then told the Authority of his overall plans for the shoppette in regards to other types of businesses that will be located there. The Authority questioned Mr. Kurtz as to his proposed hours of operation which he stated would be 8:00 a.m. to 10:00 p.m. Fie noted that the proposed Liquor Store would consist of 1980 sq. ft. Mr. Fischer then called Bernard R. Hockenberry, 1917 South Shields, Apt. J-1, who was duly sworn before giving testimony. He presented petitions that he had circulated that were marked as applicant's exhibits A, B, $ C and con- tained 446 signatures. He stated that he had encountered approximately 20 persons who declined to sign for various reasons. - 3 - "•'• January 11, 1978_ Mr. Fischer's next witness was Devin E. Kurtz, 1600 W. Stuart, who was duly sworn before giving testimony. Mr. Kurtz stated that he was the son of the applicants and presented petitions that he had circulated, marked as applicant's exhibit D and containing 305 signatures. He noted that approximately 15-20 persons had declined to sign his petitions. Mr. Fischer then called Randy M. Kurtz, 1917 South Shields, Apt. G-5, who was duly sworn before giving testimony. Mr. Kurtz stated that he was also the son of the applicants and presented petitions that he had circulated, marked as applicant's exhibit E, containing 219 signatures. He stated that approximately 20 persons had declined to sign his petitions. Mr. Fischer stated that he had no further testimony to present at this time. Mr. Jack Vahrenwald, attorney, stated that he was representing a number of the opponents to the granting of this license. He first called Mr. W. "Red" Ferrell, Jr., 1733 Nedrah Drive, owner of Campus West Liquor Store, who was duly sworn before giving testimony. Mr. Ferrell gave testimony as to the effect new licenses have on the existing Retail Liquor Store outlets. Mr. Ferrell stated that the Class B and C, 3.2% outlets also have an effect on the Retail Liquor Store outlets and that there are 21 such outlets located in the boundary area. Mr. Vahrenwald then called Christopher B. Kennison, 5829 W. County Rd. 52-E, who was duly sworn before giving testimony. Mr. Kennison presented 3 types of petitions that he had circulated that were marked as opponent's exhibit 1 and contained 133 signatures. He stated that he had encountered approximately 80-100 persons who declined to sign his petitions. Mr. Vahrenwald's next witness was Cheryl Boltz, 2805.Meadowlark Ave., who was duly sworn before giving testimony. She presented 3 types of petitions that she had circulated, marked as opponent's exhibit 2, and containing 143 sig- natures. She stated that 62 persons had refused to sign her petitions, citing the free enterprise issue as the reason and 17 had refused as they had signed the applicant's petitions. Mr. Vahrenwald then called H. W. Powers, 808 Berky P1., who was duly sworn before giving testimony. He presented petitions that he had circulated, marked as opponent's exhibit 3 and containing 224 signatures. He estimated that 20% of the persons he approached, declined to sign also citing the free enterprise issue. Mr. Vahrenwald then presented opponent's exhibits 4-11, which were petitions with the validity of the signatures established by affidavit. He stated that there were 877 total signatures on all the petitions presented by his clients. The following persons were duly sworn before giving testimony in opposition to the granting of this license: 1. Freeman M. Smith, 1000 W. Prospect 2. Mrs. Pauline Steele, 1512 S. Shields 3. Jerry Blake, 626 S. Grant - co-owner of Johnny's Liquors Mr. Vahrenwald cross-examined Devin Kurtz regarding the age of one of the persons who had signed the petition he had circulated. - 4 - . January 11, 1978 In closing Mr. Fischer stated that the applicants had submitted spore names than the opposition and that some of the signatures obtained by the opposition were of "customers" and therefore, not necessarily residents of the boundary area; whereas the signatures obtained by the applicants were totally from within the area. He also objected to the fact that some of the petitions were submitted with affidavits only and therefore there was no opportunity to cross-examine the circulator to ascertain the authenticity of the signatures. He asked that the Authority grant this license on the basis of the evidence presented, the long-time excellent reputations of the applicants and the full support for the policy of the City of Fort Collins that has been given by the applicants in regards to their attempt to reduce vehicular traffic on major arterials. In closing, Mr. Vahrenwald stated that the number of signatures on both sets of petitions was fairly close. He asked the Authority to deny the application on the basis that the needs of the neighborhood are now presently being met and on the testimony presented relative to the desires of the residents. In rebuttal Mr. Fischer asked that no consideration be given to the accessibility of the 3.20 outlets and County outlets mentioned by the opposition. The Authority decided to delay their decision on this matter until later in the meeting to allow time for further thought and deliberation on the evidence presented. Preliminary hearing on the Hotel -Restaurant application submitted by Kay Frazee dba_ Little Tokyo Cafe, 1801 North College Ave., boundaries recommended.by the Administration adopted. Attorney John Reid, representing the applicant, Kay Frazee, was present.. He stated that he was appearing for William Beardslee who was ill and that the boundaries as recommended were acceptable to his client. The boundaries recommended by the Administration were as follows: North from the subject premises to City limits; West from the subject premises to City limits, following the City limits southerly to Shields St.; then South on Shields St. to Mountain Ave.; South from the subject premises to Mountain Ave. extended to meet Eastern City limits; East from the subject premises to City limits following City limits southerly to Mountain Ave. extended. Authority member Bean made a motion seconded by Authority member Long, to approve the boundaries as recommended by the Administration. The Chairman put the motion which was unanimously adopted. Preliminary hearing on an application for a Tavern license submitted by Ben -Car Corp. dba Spring Creek Runoff, 1006 Spring Creek Lane, boundaries as amended by the Authority, adopted. - 5 - January ii, iyio Attorney John Reid, representing the applicants Dale Carlson and Robert Benzel, Ben -Car Corporation, was present and stated that the boundaries as recommended by the Administration were acceptable to his clients. The boundaries recommended by the Administration were: North from the subject premises to Mulberry; West from the subject premises to Taft Hill Road; South from the subject premises to Swallow Road; East from the subject premises to College Avenue. The Authority members asked that the boundaries be amended to read: North from the subject premises to Mulberry; West from the subject premises to City limits; South from the subject premises to City limits; East from the subject premises to College Avenue. Authority member Bean made a motion, seconded by Authority member Long, to adopt the boundaries as amended. The Chairman put the motion which was unanimously adopted. Renewal of the following licenses, approved. 1. Country Store, 830 S. College Ave. - 3.2% 2. Beaver's Supermarket #3, 1100 W. Mountain - 3.2% 3. Skaggs Drug Center, 112 E. Foothills Parkway - 3.2% 4. Canino's, 613 S. College Ave. - Beer 8 Wine with extended hours These are routine renewals and the Police Department found nothing derogatory in their investigation and therefore recommends approval. Authority member Bean made a motion, seconded by Authority member Long, to approve the above listed renewal applications. The Chairman put the motion which was unanimously adopted. Resolution denying the Tavern license application submitted by Brookover, Inc. dba Brookover's Sundowner, 1029 S. Taft Hill Rd., adopted. The resolution was read by title only as each Authority member had been furnished a copy with the agenda. FINDINGS AND RESOLUTION OF THE LOCAL LIQUOR LICENSING AUTHORITY OF THE CITY OF FORT COLLINS, COLORADO, CONCERNING AN APPLICATION FOR A TAVERN LIQUOR LICENSE ,'anuary ii, iyits The application of Brookover, Inc., doing business as Brookover's Sundowner, Ltd., for a Tavern License came on for hearing on the 14th day of December, 1977, in the Council Chambers, City Hall, Fort Collins, Colorado, pursuant to notice duly given as required by law. The Authority, having heard the evidence introduced at the hearing, and having examined the documents introduced and having heretofore held a preliminary hearing and issued findings in writing on said preliminary hearing, now makes the following findings: 1. The neighborhood to be served under this application is as defined in the preliminary findings of the Authority. 2. Nothing contained in C.R.S., 1973, Section 12-47-138 prohibits the issuing of a license at the proposed location. 3. The applicant is of good character and qualified under the Ordinances of the City of Fort Collins and the laws of the State of Colorado for the license applied for. 4. The application is in proper form. 5. Applicant presented petitions containing the signatures of approximately 905 persons who resided in the neighborhood as defined in the Preliminary Findings of the Authority. Some of the signatures were obtained in an area between Mulberry Street and Laporte Avenue, which area was not as defined in the Preliminary Findings of the Authority, but which was an area encompassed inside the boundary lines prepared by the City administration and furnished to the applicant. Such signatures indicated the desire of the signatories that the license applied for be granted. The - 7 - .TAnuary 11, 1978 applicant testified in favor of the granting of the appli- cation, and one other resident of the neighborhood, also the holder of a liquor license, testified in favor of the granting of the application. The only other witnesses presented on behalf of the applicant were,the petition passers. The Authority heard a great deal of evidence in opposition to the license and additionally received peti- tions containing in excess of 400 signatures in opposition to the granting of the license. The testimony and petitions were to the effect that the needs of the neighborhood were being met by existing outlets in and around the neighborhood and that the inhabitants of the neighborhood did not desire the issuance of such a license. The desires of the inhabitants of the neighborhood, as evidenced by petitions and testimony, are that the license not be granted. Based upon the foregoing findings, it is the conclusion of the Liquor Licensing Authority that: A. There was no adequate showing by the applicant that the inhabitants of the neighborhood desire that the license be granted. B. There was no adequate showing by the applicant that the reasonable requirements of the neighborhood are not being presently met by existing outlets in and around the neighborhood for which the license is sought. RESOLUTION OF THE LOCAL LIQUOR LICENSING AUTHORITY OF THE CITY OF FORT COLLINS, COLORADO, CONCERNING AN APPLICATION FOR A TAVERN LIQUOR LICENSE January 11, 19/8 BE IT RESOLVED by the Local Liquor Licensing Authority of the City of Fort Collins, Colorado that the application of Brookover, Inc., doing business as Brookover's Sundowner, Ltd., for a Tavern Liquor License be and the same hereby is denied in accordance with the findings of the Authority set forth above. Passed and adopted at a regular meeting of the Liquor Licensing Authority of the City of Fort Collins, Colorado, held this llth day of January, A.D. 1978. f\ i Chairman ATTEST: ate. City Clerk �- Authority member Renz made a motion, seconded by Authority member Bean, to adopt the Resolution as presented. The Chairman put the motion which was unanimously adopted. Assistant City Attorney Myatt advised Mr. and Mrs. Brookover who were present, that a notice of appeal must be filed with the City Clerk within 10 days of today's date (1-11-78), if they wished to appeal the Authority's decision. New application for a Beer $ Wine license submitted by Chung -Yuen Chan dba Oriental House, 2900 Harvard, accepted and hearing dates set. Authority member Renz made a motion, seconded by Authority member Long, to accept the above application and set the preliminary hearing date for February 8 and the final hearing date for March 8, 1978. The Chairman put the motion which was unanimously adopted. Decision - Spring Creek Liquors After discussion, Authority member Renz made a motion, seconded by Authority member Wilson, to approve the application for a Retail Liquor Store license submitted by M. W. and Shirley J. Kurtz dba Spring Creek Liquors, 1005 W. Stuart. T=nuary 11, 1978 The Chairman put the motion with the following vote: Yeas: Bean, Renz, and Wilson. Nays: Long and Seegmiller. The motion carried. Mr. W. Ferrell and Mr. Freeman Smith questioned the Authority extensively as to what evidence it takes to deny a package liquor store license and what would need to be presented in the future to convince the Authority that no more liquor stores are needed. Mr. Smith had several points to discuss with the Authority relative to the weight the signatures of the older long-time property owners should have over the signatures of students and apartment tenants. Annual Report for 1977 activities, approved as published. Authority member Long made a motion, seconded by Authority member Renz, to approve the 1977 Annual Report as published. The Chairman put the motion which was unanimously adopted. Police Report Moot House incident: Sgt. Mason described an alleged after hours incident occurring New Year's Eve at the Moot House, 2626 S. College Ave. He stated that since the Police Department had not had any trouble this past licensing year with this estab- lishment, a letter of reprimand would be appropriate. Authority member Long made a motion, seconded by Authority member Bean, to direct the City Attorney to write a sternly worded letter of reprimand to the Moot House, 2626 S. College Ave. The Chairman put the motion which was unanimously adopted. Panhandler's incident: Sgt. Mason then asked for a show/cause hearing for Panhandler's Pizza, 1220 W. Elizabeth, because of an incident where two 17 year old boys were arrested in an intoxicated state while in a vehicle. One of these individuals gave a written statement that they had been drinking in Panhandler's that evening. Since this is the third incident that has been brought to his attention, Sgt. Mason asked that a show/cause hearing be held on February 8. Authority member Long made a motion, seconded by Authority member Bean, to schedule a show/cause hearing on February 8, 1978, for Panhandler's Pizza, .1220 W. Elizabeth. The Chairman put the motion which was unanimously adopted. Sgt. Mason distributed a letter he had received from Jerry Nix in reference to an incident at the Catacombs. The Authority's opinion was that no violation had occurred in regards to the liquor laws. Adjournment Authority member Long made a motion, seconded by Authority member Wilson, to adjourn the meeting. The Chairman put the motion which was unanimously adopted. The meeting adjourned at 10:45 p.m. - 10 - �anuary 11, 19ya Chairman Deputy City Clerk �