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HomeMy WebLinkAboutLiquor Licensing Authority - Minutes - 05/24/1989LIQUOR LICENSING AUTHORITY MINUTES Regular Meeting - May 24, 1989 6:35 p.m. A regular meeting of the Liquor Licensing Authority was May 24, 1989, in the Council Chambers of the Fort Building. The following members were present: Bullard Gadsby, Garber, and Poncelow. Authority Members Absent: Spaulding held on Wednesday, Collins Municipal Cooper, Denmark, Staff Members Present: John Duval, City Attorney's Office Rita Knoll, City Clerk's Office Sandy Gibson, Police Department Report of Change of Manager for Vicker's #2622. 200 West Horsetooth LeRoy Mekelburg, manager, spoke of his experience with the sale and service of alcohol and noted that he had never been involved in a violation of the liquor laws. He stated there will be no changes in the operation of the establishment under his management. Authority member Garber made a motion, seconded by Authority member Gadsby, to approve LeRoy Mekelburg as manager of Vicker's #2622, 200 West Horsetooth. Yeas: Bullard, Cooper, Denmark, Gadsby, Garber, and Poncelow. Nays: None. THE MOTION CARRIED. Consideration of Application from the Downtown Business Association for a Special Events Permit at the Downtown Parking Garage 102 Remington Maggie Kunze, Executive Director of the Downtown Business Association, stated this is the third year the Downtown Business Association and Fort Collins Symphony have joined together to organize the rooftop concerts at the parking garage. She spoke of previous events and stated there had been no problems with the liquor sales. Paul Batchelor, manager of the Fort Collins Symphony, stated that the liquor service will be handled by professional bartenders who are familiar with the liquor laws and checking identification. He stated the admission price will entitle each individual to two drink tickets to be used for alcoholic beverages or soft drinks. He noted that only two alcoholic drinks will be provided to each person and no additional drinks will be sold. May 24, 1989 Authority member Gadsby made a motion, seconded by Authority member Poncelow, to approve the application of the Downtown Business Association for a special events permit at the downtown parking garage, 102 Remington, on June 17, July 8, July 15, July 22, and August 5. Yeas: Bullard, Cooper, Denmark, Gadsby, Garber, and Poncelow. Nays: None. THE MOTION CARRIED. Hearing on a Change of Class of License for Match -Ups. 625 South Mason Authority member Gadsby stated that she knows Mr. Archer through the pool league they are involved in, but noted that she did not believe that association would affect her decision in this matter. Kevin Archer, owner, was sworn and noted that there is no change in ownership of the establishment. He stated that Match -Ups is a billiards room, which currently holds 18 pool tables. He stated if the hotel -restaurant license is granted, the establishment will be remodeled and will hold up to 29 pool tables. He stated the remodel will include a full service kitchen and spoke of the expanded menu. Mr. Archer stated they are seeking this change of class of license because of the change in drinking age, and noted that the establishment no longer caters to the college -age crowd. He described the training provided to employees. Applicant's Exhibits A through T were admitted into evidence and identified as petitions circulated on behalf of the application. Mr. Archer stated approximately 283 signatures were obtained in favor of the license, with 3 people signing in opposition. He described the petitioning process and noted many people refused to participate in the petition. Authority member Poncelow made a motion, seconded by Authority member Denmark, to adopt Resolution 89-12 approving the application of Match -Ups, Inc. for a hotel -restaurant license at Match -Ups, 625 South Mason. Authority member Garber expressed concern about the legitimate use of the establishment as a restaurant. The vote on Authority member Poncelow's motion to adopt Resolution 89-12 was as follows: Yeas: Bullard, Cooper, Denmark, Gadsby, Garber, and Poncelow. Nays: None. THE MOTION CARRIED. Transfer of Ownership of Toddy's of Fort Collins. 2601 South Lemay John M. Toddy, vice-president of Toddy's of Fort Collins, Inc., stated there would be no change in the operation of the establishment or the management of liquor sales. He noted that the only purpose of the transfer is to sever the part ownership of Eugene Mitchell. • • May 24, 1989 Authority member Denmark made a motion, seconded by Authority member Garber, to approve the transfer of ownership of Toddy's of Fort Collins, 2601 South Lemay, from John C. Todd and Eugene Mitchell to Toddy's of Fort Collins, Ltd. Yeas: Bullard, Cooper, Denmark, Gadsby, Garber, and Poncelow. Nays: None. THE MOTION CARRIED. Report of Change of Manager for Toddy's of Fort Collins. 2601 South Lemay Kenneth Bockhold, manager, stated there would be no changes with respect to the sale of 3.2% beer under his management. He spoke of his previous experience with King Soopers. He noted he has had 16 years experience with liquor sales and was never involved in a violation of the liquor laws. Authority member Poncelow made a motion, seconded by Authority member Gadsby, to approve Kenneth Bockhold as manager of Toddy's of Fort Collins, 2601 South Lemay. Yeas: Bullard, Cooper, Denmark, Gadsby, Garber, and Poncelow. Nays: None. THE MOTION CARRIED. Transfer of Ownership of Harvest Foods, 622 North College, and Trade Name Change to Harvest Foods. Ltd. Dennis Barthuly, owner, stated he and his wife recently purchased the store and stated beer sales have been suspended pending approval of the transfer of ownership. He acknowledged his lack of experience with retail sales of alcoholic beverages, but noted that his former occupation as a State trooper provided him with the law enforcement background relating to alcohol. He described the carding policies at the store and spoke of training that will be provided to employees. Mr. Barthuly indicated his wife would be the manager of the store. Pat Barthuly, owner, stated she is currently managing the store and spoke of the hours she works at the store. Mr. Barthuly responded to questions from the Authority regarding the visibility of the beer cooler from the check-out area. Authority member Gadsby made a motion, seconded by Authority member Poncelow, to approve the transfer of ownership of Harvest Foods, 622 North College, from A.J. Enterprises, Ltd. to Dennis and Pat Barthuly, and Trade Name Change to Harvest Foods, Ltd. Yeas: Bullard, Cooper, Denmark, Gadsby, Garber, and Poncelow. Nays: None. THE MOTION CARRIED. • 0 May 24, 1989 Hearing on a New Application for a Retail Liquor Store License at Cherry Liquor, 415 Cherry Street Secretary Rita Knoll stated the applicant is experiencing difficulty with his construction plans and requested consideration of his application be delayed. Authority member Poncelow made a motion, seconded by Authority member Cooper, to table consideration of the application for a retail liquor store license at Cherry Liquor, 415 Cherry Street, to June 21. Yeas: Bullard, Cooper, Denmark, Gadsby, Garber, and Poncelow. Nays: None. THE MOTION CARRIED. Police Report Police Investigator Sandy Gibson brought to the Authority's attention a letter received from Tom Pierce, who alleges that alcoholic beverages are being allowed to leave the licensed premises at Washington's Bar and Grill. She stated the Police Department will be conducting a surveillance at the establishment as soon as possible. She noted that she went to the parking lot across from the establishment last Saturday morning and examined the debris in the area. She stated she could not connect any of the debris directly to Washington's. Ms. Gibson noted this parking lot is used by individuals who drink in their cars. Other Business Northern Dining and Bar Bazaar Secretary Rita Knoll updated the Authority on the status of the brewery application for the Northern Dining and Bar Bazaar. She stated the State Liquor Enforcement Division had interviewed Mr. Starke and Mr. Starke now understands that a transfer of ownership should be processed. She indicated Mr. Starke will be filing applications for transfer of ownership, modification of premises, and possibly a trade name change. She noted that the brewery application has not yet been approved by the State. Hearing Procedures Assistant City Attorney John Duval pointed out hearing procedures drafted for new applications and show cause hearings. Following questions from the Authority, Mr. Duval indicated he would make changes to the procedures based on the Authority's questions and comments and would do further research into the procedures for show cause hearings. It was noted that the hearing procedures would be brought back to the Authority on June 21 for consideration and adoption. May 24, 1989 Miscellaneous Authority members expressed a desire to take action to enforce the requirement to register managers. Authority member Cooper made a motion, seconded by Authority member Poncelow, individuals submitting a new application or application for transfer of ownership be provided with specific information regarding the requirement to register a manager within the specified time limit. Following discussion, the vote on Authority member Cooper's motion was as follows: Yeas: Bullard, Cooper, Denmark, Gadsby, Garber, and Poncelow. Nays: None. THE MOTION CARRIED. Adjournment Authority member Cooper made a motion, seconded by Authority member Gadsby, to adjourn. Yeas: Bullard, Cooper, Gadsby, Garber, and Poncelow. Nays: None. THE MOTION CARRIED. The meeting was adjourned at approximately 8:15 p.m. 6j; n Secretary