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HomeMy WebLinkAboutLiquor Licensing Authority - Minutes - 07/19/19890 0 LIQUOR LICENSING AUTHORITY MINUTES Regular Meeting - July 19, 1989 6:30 p.m. A regular meeting of the Liquor Licensing Authority was held on Wednesday, July 19, 1989, in the Council Chambers of the Fort Collins Municipal Building. The following members were present: Cooper, Crowfoot, Denmark, Garber, Guerrie, Norton, and Poncelow. Staff Members Present: John Duval, City Attorney's Office Wanda Krajicek, 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. Consider approval of the minutes of the June 21 1989 regular meeting 2. This is a request to transfer the ownership of Delfannies Too, 100 West Troutman Parkway, from Delbert LeBlanc to Delfannies Restaurant and Deli, Inc. In addition, this application reflects a change of trade name from Delfannies Too to Delfannies. Authority member Norton made a motion, seconded by Authority member Cooper, to adopt and approve all items not removed from the Consent Calendar. Yeas: Cooper, Crowfoot, Denmark, Garber, Guerrie, Norton, and Poncelow. Nays: None. THE MOTION CARRIED. Show Cause Hearing for North College Discount Liquor, 814 North College Chairperson Poncelow read the show cause hearing procedures. (Secretary's Note: No one appeared to represent the licensee for North College Discount Liquor.) 0 July 19, 1989 Assistant City Attorney John Duval stated that the Authority could proceed with the hearing at this time or postpone the hearing until later in the evening to allow the licensee to arrive. Authority member Cooper stated he preferred to proceed with the hearing at this time. Authority member Norton made a motion, seconded by Authority member Crowfoot, to postpone the show cause hearing for North College Discount Liquor until after consideration of the special events permit applications. Yeas: Crowfoot, Denmark, Garber, Guerrie, Norton, and Poncelow. Nays: Cooper. THE MOTION CARRIED. Consideration of an Application from the Eyeopeners Kiwanis Club of Fort Collins for a Special Events Permit in Oak Street Plaza, Special Events Permit Approved (Secretary's Note: This item and the next item were discussed together since both applications were from the same applicant for the same date.) John Plock, representing the Eyeopeners Kiwanis Club, stated the Club is seeking permits for the Oak Street Plaza and Old Town Square for Oktoberfest on October 7. He stated this is the 12th year that the Eyeopeners Kiwanis Club has held the Oktoberfest celebration. He indicated that there have been no problems with the alcohol service in the past. Mr. Plock outlined the plans for the upcoming Oktoberfest celebration and spoke of security arrangements. He stated Oktoberfest is the annual fundraising event for the Club. In response to a question from the Authority, Mr. Plock indicated that the Club will institute a policy regarding selling more that one beer at a time to one individual. He indicated that the area would not be roped off, but spoke of the layout of the tables and planters which would serve to control the area. He stated identification would be checked at the time of sale. Authority member Cooper expressed concern about people wandering off with beer, and encouraged the Club to use roping as a means to control the licensed area. Authority member Cooper made a motion, seconded by Authority member Denmark, to approve the application of the Eyeopeners Kiwanis Club for a special events permit at Oak Street Plaza on October 7, 1989 from 8:00 a.m. to 8:00 p.m. Yeas: Cooper, Crowfoot, Denmark, Garber, Guerrie, Norton, and Poncelow. Nays: None. THE MOTION CARRIED. 0 • July 19, 1989 Consideration of an Application from the Eyeopeners Kiwanis Club of Fort Collins for a Special Events Permit in Old Town Square. Special Events Permit Approved Authority member Garber made a motion, seconded by Authority member Cooper, to approve the application of the Eyeopeners Kiwanis Club for a special events permit at Old Town Square on October 7, 1989 from 8:00 a.m. to 8:00 p.m. Yeas: Cooper, Crowfoot, Denmark, Garber, Guerrie, Norton, and Poncelow. Nays: None. THE MOTION CARRIED. Show Cause Hearing for North College Discount Liquor, 814 North College, Violation Found and Suspension Imposed (Secretary's Note: A representative of the licensee was not present.) Officer Troy Krenning was sworn. He stated on June 2, 1989 at approximately 7:50 p.m. he was on patrol in the area of the North College Discount Liquor store. He stated he noticed a van parked in front of the store, which contained a few individuals who appeared to be under the age of 21 years. He stated one of the individuals was carrying a bottle of bourbon or whiskey. Officer Krenning stated he contacted the man who was in possession of the bourbon. He indicated the man was identified as Jeffrey Collins. He stated he asked Mr. Collins if he had just purchased the alcohol inside North College Discount Liquor and Mr. Collins stated he had. He stated Mr. Collins indicated he was 21 years old. He stated when he asked Mr. Collins his birthdate, the date given did not indicate that he was 21. Officer Krenning stated Mr. Collins eventually indicated that he was only 19 and that he had just knowingly purchased the alcohol illegally. He stated Mr. Collins indicated he did not show a false identification to the clerk inside the store when he purchased the alcohol. He stated he asked Mr. Collins what identification he was carrying, and Mr. Collins presented a Las Vegas Metropolitan Police Department non -gaming license. He noted the license does not have a birthdate on it, but does have the word "minor" stamped in red on the face of the license. Officer Krenning stated he believed Mr. Collins did not have time to dispose of a fake ID and believed that Mr. Collins was never asked for ID by the store clerk. A photocopy of the license was admitted into evidence and marked as Prosecution's Exhibit A. Officer Krenning indicated that the license is a valid identification card issued by the Las Vegas Metropolitan Police Department for casino regulation purposes and again pointed out that the license does not contain a birthdate. He stated after speaking with Mr. Collins and the other men in the van, he determined that none of the individuals were of legal age to purchase or be in possession of whiskey. 0 • July 19, 1989 Officer Krenning stated he and Mr. Collins entered the liquor store and he contacted Ron Campbell, who identified himself as an employee and owner of the store. He indicated Mr. Campbell stated he had sold the liquor to Mr. Collins and that he could not recall whether he requested an ID from Mr. Collins. Officer Krenning stated Mr. Campbell then indicated that he thought he had asked for an ID and thought that the ID was valid and showed Mr. Collins to be 21. Officer Krenning stated he went back to the van and searched the van to determine whether there might have been a false ID. He stated the only other piece of identification he was able to locate was a Nevada identification card, a legal and valid ID, which was hidden under the front console of the van. He stated he was convinced it was never produced, but noted that even if it had been, it clearly indicated Mr. Collins' birthdate and clearly indicated Mr. Collins was not 21. A photocopy of the identification card was admitted into evidence and marked as Prosecution's Exhibit B. Officer Krenning stated based on all the evidence available to him at the time of the incident, he determined that Mr. Collins had entered the store possessing only the Las Vegas identification card, bought two bottles of wine, he was never asked to produce identification. He stated upon determining how easy it was to purchase the wine, Mr. Collins went back and got a fifth of Jim Beam whiskey and brought that to the cash register, again never being asked to produce identification. He stated Mr. Collins then left the store with the three bottles of liquor. Mr. Krenning stated he was never able to determine that anyone inside the store requested identification from Mr. Collins. He stated Mr. Collins was present to testify. Jeffrey Collins, 618 1/2 Maple, was sworn. He stated on June 2 he went into the North College Discount Liquor store and bought two bottles of wine. He stated it was so easy, he reentered the store and bought a fifth of Jim Beam bourbon. He stated the clerk did not ask his age or request identification. He stated he left the store and that was when Officer Krenning pulled up. He stated he was the only one who entered the store. Mr. Collins stated he had never been to that store before and that he had not attempted to purchase alcohol anywhere else that evening. (Secretary's Note: A representative of North College Discount Liquor had not arrived at this point.) Authority member Cooper made a motion, seconded by Authority member Garber, to find that a violation did occur at North College Discount Liquor, 814 North College, on June 2, 1989. Yeas: Cooper, Crowfoot, Denmark, Garber, Guerrie, Norton, and Poncelow. Nays: None. THE MOTION CARRIED. Officer Krenning he has worked in the neighborhood of North College Discount Liquor for many years and this is the first time he has had any problems with the establishment. He indicated he was not familiar with the past record of the establishment. • July 19, 1989 City Clerk Wanda Krajicek reported that MCRC, Inc. was granted a license in April, 1988 and noted that there have been no violations since that time. She noted that the City Clerk's Office had received the return receipt of the certified letter sent to the licensee which provided notification of the show cause hearing. Authority member Cooper stated in view of the fact that the licensee did not appear at the hearing, he believed it indicated that the licensee does not consider the matter to be too serious. Authority member Cooper made a motion, seconded by Authority member Garber, to levy a three-day suspension, to be served within the next 45 days, for the violation of selling an alcoholic beverage to an individual under the age of 21 years, and that the premises be posted. Authority member Denmark expressed concern about the severity of the violation. Authority member Poncelow stated although a three-day suspension is somewhat harsh, she believed it was appropriate since the licensee did not appear to present evidence or mitigating circumstances. The vote on Authority member Cooper's motion was as follows: Yeas: Cooper, Crowfoot, Denmark, Garber, Guerrie, Norton, and Poncelow. Nays: None. THE MOTION CARRIED. Transfer of Ownership of Saddle Up Liquors, 1015 South Taft Hill Road Approved Maria Friedlan, new owner, spoke of her past experience in the liquor business and her familiarity with the liquor laws. She stated she has had experience with the sale of liquor for 38 years. She indicated she has been manager at Saddle Up Liquors for the past 3-4 weeks. She stated she would manage the establishment herself. She responded to questions regarding the financing of the business. Authority member Garber made a motion, seconded by Authority member Cooper, to approve the transfer of ownership of Saddle Up Liquors, 1015 South Taft Hill Road, from Saddle Up, Ltd. to Maria H. Friedlan. Yeas: Cooper, Crowfoot, Denmark, Garber, Guerrie, Norton, and Poncelow. Nays: None. THE MOTION CARRIED. Transfer of Ownership of Novak's Little Budapest, 146 North College Approved Joe Novak, president of Novak's Restaurant Management of Fort Collins, Inc., distributed copies of the proposed menu for the restaurant and explained his plans for the establishment. He stated he is planning to • • July 19, 1989 open an Eastern European restaurant at the location formerly occupied by Skorpios. He estimated 20% of sales would be alcohol. He noted that he is currently operating the establishment under a management agreement. (Secretary's Note: An application for a change of trade name was filed in anticipation of this transfer of ownership and approved by the Authority at its June 21, 1989 meeting.) Mr. Novak stated he is in the process of hiring employees. He stated the establishment will have a service bar for the wait staff to use in serving alcohol to customers. He stated he intends to deemphasize alcohol sales. Authority member Garber raised questions regarding the areas to be included in the licensed premises. Mr. Novak indicated that liquor will be store in an area of the basement underneath the establishment. He indicated that alcohol would be used for cooking purposes in the kitchen area and agreed that the kitchen should be included in the licensed premises. Authority member Cooper made a motion, seconded by Authority member Denmark, to approve the transfer of ownership of Novak's Little Budapest, 146 North College, from Fereshteh Noudjoumi to Novak's Restaurant Management of Fort Collins, Inc. Yeas: Cooper, Crowfoot, Denmark, Garber, Guerrie, Norton, and Poncelow. Nays: None. THE MOTION CARRIED. Transfer of Ownership of Szechuan Star Restaurant, 2427 South College, and Trade Name Change to Peking Restaurant, Approved Helen Liao, new owner, stated she would be responsible for the dining area of the establishment and her partner, Eric Nan -Chang Ho, would be responsible for the kitchen. She indicated that there would be no changes in the alcohol service, and noted that alcohol would be served at the dining tables. Ms. Liao spoke of training provided to employees and her experience in the liquor business. She indicated she would manage the establishment herself. Authority member Denmark made a motion, seconded by Authority member Norton, to approve the transfer of ownership of the Szechuan Star Restaurant, 2427 South College, from Benjamin and Virginia Chang to Helen Liao and Eric Nan -Chang Ho, and a trade name change to Peking Restaurant. Yeas: Cooper, Crowfoot, Denmark, Garber, Guerrie, Norton, and Poncelow. Nays: None. THE MOTION CARRIED. • July 19, 1989 Show Cause Hearing for Albertsons, 3660 South Mason, Violation Found and Letter of Reprimand Ordered Dave Sottana, District Sales Manager for Albertsons, stipulated that the violation did occur. Authority member Cooper made a motion, seconded by Authority member Garber, to find that a violation did occur on May 27, 1989 at Albertsons, 3660 South Mason, involving the sale of an alcoholic beverage to a person under the age of 21 years. Yeas: Cooper, Crowfoot, Denmark, Garber, Guerrie, Norton, and Poncelow. Nays: None. THE MOTION CARRIED. Officer Ernie Tellez explained the controlled liquor buy that took place at Albertsons on May 27. He stated that the employee who committed the violation has been terminated by Albertsons, and stated he believed Albertsons has fulfilled its requirement to put employees on notice that the actions that took place will not be tolerated. He stated he believed that the licensee's initiative to convey a strong message to the employees and the attendance of employees at his most recent training class shows that the licensee is sincerely interested in complying with the liquor laws. He asked the Authority to show leniency. City Clerk Wanda Krajicek reported that a violation occurred on March 27, 1987 for sale to an individual under the age of 18 and that a one -day suspension was levied. Dave Sottana and Tim Sturges were sworn. Mr. Sottana explained the training provided to individuals who operate cash registers. Licensee's Exhibit A was admitted into evidence and identified as a page from the certified checker test completed by David Lee, the employee who committed the violation. Licensee's Exhibit B was admitted into evidence and identified as the complete certified checker test of David Lee. Mr. Sottana pointed out that Mr. Lee correctly answered the question relating to checking identification. Mr. Sottana read a letter written by the manager addressed to all employees regarding the sale of beer, and noted that the letter was signed by all employees. Licensee's Exhibit C was admitted into evidence and identified as the letter from the manager. Licensee's Exhibit D was admitted into evidence and identified as a letter from the president of the corporation regarding enforcement of alcoholic beverage laws. Mr. Sottana showed the Authority a sign that is posted in the employee break room which reminded employees of the importance of checking identification. • • July 19, 1989 Mr. Sturges spoke of staffing levels at the store and noted there has been no turnover in checkers or line-up crew during the past year. Authority member Cooper made a motion, seconded by Authority member Garber, that a letter of reprimand be issued to Albertsons, 3660 South Mason. Authority member Poncelow stated she would not support the motion to issue a letter of reprimand in light of the fact that a violation occurred in 1987. She stated although she respects the efforts made by the licensee, she believes measures are being taken after the fact. The vote on Authority member Cooper's motion was as follows: Yeas: Cooper, Crowfoot, Denmark, Garber, Guerrie, and Norton. Nays: Poncelow. THE MOTION CARRIED. Show Cause Hearing for Pizza 2001, 802 South College, Violation Found and Determination of Penalty Postponed Until August 16 (Secretary's Note: The licensee for Pizza 2001 did not appear at this hearing.) City Clerk Krajicek pointed out the attempts that were made to notify the licensee of the hearing. She indicated the establishment is closed at this time. Assistant City Attorney Duval stated state statute requires notice be sent by certified mail, and noted that the return receipt was not returned to the City. He noted the statute does not make provisions in the event the notice is not received by the applicant. (Secretary's Note: Following discussion of the Authority's options should a violation be found, the Authority proceeded with the hearing.) Officer Ernie Tellez was sworn. He stated on May 22, 1989 at approximately 11:05 p.m. two volunteers were sent into Pizza 2001, 802 South College. He indicated that one of the individuals was sent in to observe the sale and report to him. He noted that both volunteers were under the legal drinking age at the time of this compliance check. Prosecution's Exhibit A was admitted into evidence and identified as a written statement from Laurie Fleming relating to her involvement in the compliance check. Prosecution's Exhibit B was admitted into evidence and identified as photographs of Laurie Fleming and Kara Kuhn, the two volunteers who participated in the compliance check. Officer Tellez stated when he entered the establishment he discovered that Laurie Fleming had been served a glass of beer. He stated he contacted Wayne Winston Worden, the individual who served the beer to Ms. Fleming. 11 • July 19, 1989 He stated Mr. Worden indicated he had personal knowledge that Ms. Fleming and Ms. Kuhn were at least 21 years of age. Officer Tellez stated Mr. Worden was issued a summons in connection with the violation. Authority member Garber made a motion, seconded by Authority member Norton, to find that a violation did occur at Pizza 2001, 802 South College, on May 27, 1989. Yeas: Cooper, Crowfoot, Garber, Guerrie, Norton, and Poncelow. Nays: Denmark. THE MOTION CARRIED. Police Investigator Sandy Gibson pointed out that if Mr. Worden was in fact a high school teacher, he should have been very aware of the ages of individuals. City Clerk Krajicek stated a license was issued for Pizza 2001 in February 1989 and noted that there have been no violations since that time. Authority member Garber made a motion to suspend the license until the licensee requests review of the suspension. Authority member Norton expressed concern about the impact of the suspension if the business is sold. THE MOTION DIED DUE TO LACK OF A SECOND. Authority member Guerrie made a motion, seconded by Authority member Crowfoot, to postpone a decision on imposing a penalty on Pizza 2001, 802 South College, to August 16, and to direct staff to attempt to contact the licensee. Authority member Garber stated he did not find it necessary for the City to put additional effort into contacting the licensee. He stated tabling the matter will only delay the decision. Authority member Cooper concurred with Authority member Garber. The vote on Authority member Guerrie's motion was as follows: Yeas: Crowfoot, Denmark, Guerrie, and Poncelow. Nays: Cooper, Garber, and Norton. THE MOTION CARRIED. Transfer of Ownership of Northern Dining and Bar Bazaar, 172 North College, and Trade Name Change to Northern Dining and Bar Bazaar and Old Colorado Brewing Approved William R. Starke, president of Northern Dining and Bar Bazaar and Old Colorado Brewing, Inc. and former owner of Northern Dining and Bar Bazaar, explained that he has operating the establishment as a sole proprietorship since January 1988. He stated a corporation has now been formed. Mr. • • July 19, 1989 Starke stated state and federal approval has been received for manufacturing beer in the establishment. He explained the corporate structure and financing structure of Northern Dining and Bar Bazaar and Old Colorado Brewing, Inc. He stated he would be actively involved in the entire operation of the establishment, but noted that Mr. Rulon and Mr. Neckel would be responsible for the brewing functions. Mr. Starke indicated the corporate officers will share the responsibilities at the establishment and that he will be the registered manager of the establishment. In response to a question from the Authority, Mr. Starke indicated the only basement area used is directly under the brewery area. He stated that that area of the basement should be included in the licensed premises. Mary Schroeder, corporate officer, responded to questions from the Authority. She indicated Mr. Rulon and Mr. Neckel would be responsible for the area where the brewery is located. She indicated her responsibilities would be in the bookstore in the lobby and the main dining room. She stated she does some bookkeeping for the establishment. Thomas Rulon, corporate officer, stated he would work in the Old Colorado Brewing Room and in the actual brewing of the beer. He spoke of his experience with the sale and service of alcohol. At the request of the Authority, Mr. Starke agreed to provide the City with a courtesy copy of the brewery license issued by the State. Authority member Cooper made a motion, seconded by Authority member Garber, to approve the transfer of ownership of the Northern Dining and Bar Bazaar, 172 North College, from William R. Starke to Northern Dining and Bar Bazaar and Old Colorado Brewing, Inc. and trade name change to Northern Dining and Bar Bazaar and Old Colorado Brewing. Yeas: Cooper, Crowfoot, Denmark, Garber, Guerrie, Norton, and Poncelow. Nays: None. THE MOTION CARRIED. Transfer of Ownership of South College Liquors, 2724 South College Approved Judith Flanagan, part-owner, explained the transfer of ownership. She stated her partner, Michael O'Brien, is leaving the partnership. She stated her stepfather and brother are replacing Mr. O'Brien in the partnership. She stated she owns 50% of the partnership, with John Flanagan and Donald Raines each owning 25%. Ms. Flanagan stated Mr. Flanagan and Mr. Raines will operate the establishment. She noted she will be responsible for the accounting of the business. Authority member Norton withdrew from consideration and vote on this item at this time due to a perceived conflict of interest based on the financial interest of Mr. O'Brien in the establishment. • July 19, 1989 Donald Raines, part-owner, responded to questions from the Authority regarding an assault he was involved in. Authority member Garber made a motion, seconded by Authority member Guerrie, to approve the transfer of ownership of South College Liquors, 2724 South College, from Judith Flanagan and Michael O'Brien (South College Liquors, a general partnership) to Judith Flanagan, Donald Raines, and John Flanagan (South College Liquors, a general partnership). Yeas: Crowfoot, Denmark, Garber, Guerrie, and Poncelow. Nays: Cooper. (Authority member Norton withdrawn) THE MOTION CARRIED. Transfer of Ownership of The Wine Cellar, 3400 South College Approved Rodney Treiber and Greg Barnhill, corporate officers, appeared to represent this application. They stated they purchased The Wine Cellar from First Interstate Bank, and indicated that they are operating under a management agreement. They indicated they will continue to use the current trade name and stated they plan no changes to the alcohol service at the establishment. Mr. Treiber spoke of the financial arrangements for the business. Mr. Treiber indicated that the patio area is to be included the licensed premises. Mr. Treiber responded to questions from the Authority regarding legal matters listed in his background investigation questionnaire. Authority member Garber made a motion, seconded by Authority member Denmark, to approve the transfer of ownership of The Wine Cellar, 3400 South College, from the Wine Cellar, Inc. to Treiber -Barnhill, Inc. Yeas: Cooper, Crowfoot, Denmark, Garber, Guerrie, Norton, and Poncelow. Nays: None. THE MOTION CARRIED. Resolution Making Findings Regarding the Denial of an Application for a Retail Liquor Store License at Cherry Liquor, 415 Cherry Street. Adopted (Secretary's Note: Authority members Crowfoot and Guerrie did not participate in the discussion and vote on this item because they were not members of the Authority at the time the application was heard.) Authority member Cooper made a motion, seconded by Authority member Denmark, to adopt Resolution 89-15. Authority member Poncelow stated she would vote in favor of the Resolution because she believed the desires of the neighborhood, as established in the hearing, were that the license not be issued. July 19, 1989 The vote on Authority member Cooper's motion was as follows: Yeas: Cooper, Denmark, and Poncelow. Nays: Garber and Norton. (Authority members Crowfoot and Guerrie withdrawn) THE MOTION CARRIED. Police Report Police Investigator Sandy Gibson pointed out that she had provided the Authority with a listing of the establishment who passed the recent compliance check conducted by the Police Department. She indicated 18 out of 20 establishments passed the check. Other Business Authority member Garber commended Officer Troy Krenning for the violation he found at North College Discount Liquor. Assistant City Attorney John Duval updated the Authority on the status of the pending lawsuit by TDMH, Inc. AdJournment Authority member Cooper made a motion, seconded by Authority member Norton, to adjourn. Yeas: Cooper, Crowfoot, Denmark, Garber, Guerrie, Norton, and Poncelow. Nays: None. THE MOTION CARRIED. The meeting was adjourned at approximately 9:00 p.m. Ar,&/Zz Secretary ' � c�, ✓!�-, fain ceeu,v- Chairperso