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HomeMy WebLinkAboutLiquor Licensing Authority - Minutes - 03/01/1989• LIQUOR LICENSING AUTHORITY MINUTES Regular Meeting - March 1, 1989 7:15 p.m. A regular meeting of the Liquor Licensing Authority was held on Wednesday, March 1, 1989, in the Council Chambers of the Fort Collins Municipal Building. The following members were present: Bullard, Cooper, Gadsby, Garber, Poncelow, and Spaulding. Authority Members Absent: Denmark. Staff Members Present: Steve Roy, City Attorney's Office Rita Knoll, City Clerk's Office Sandy Gibson, Police Department Consent Calendar This Calendar is intended to expedite the meeting and 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 adoption of the Consent Calendar. Items of extreme controversy will be discussed near the end of the meeting under Pulled Consent Items. 2. Report of Change of Corporate Structure for Safeway Stores 46, Inc.. dba A. Safeway Store #903, 425 South College. B. Safeway Store #913, 2160 West Drake. This item is a change of corporate structure for Safeway Stores 46, Inc., the 3.2% beer licensee for the Safeway stores in Fort Collins. A change in corporate officers and directors has occurred. This change of corporate structure was filed directly with the State Liquor Enforcement Division, which has issued a new master file letter indicating the satisfactory results of its background investigation of the new individual. Approval by the local authority is requested based upon the State's investigation and acceptance of the reported changes. • March 1, 1989 3. 4. Safeway Stores 46, Inc. has submitted an application for a 3.2% beer license at the new Safeway Store, 460-A South College. Slappey Mountain Enterprises, Inc. has submitted an application for a beer and wine license at Western Sizzlin Steak House, 1100 West Drake Road. Authority member Cooper made a motion, seconded by Authority member Garber, to adopt and approve all items not removed from the Consent Calendar. Yeas: Bullard, Cooper, Gadsby, Garber, Poncelow, and Spaulding. Nays: None. THE MOTION CARRIED. Transfer of Ownership of the Sandtrap at SouthRidge Golf Course, 5750 South Lemav (Secretary's Note: This item and the following item were considered simultaneously.) Kim Anders and Derek Cordova, officers of The Sandtrap, Inc. (applicant), explained that the golf course portion of SouthRidge currently has a 3.2% beer license, while the clubhouse has a tavern license. Ms. Anders stated the transfer of ownership of both licenses is from her and Beth Cordova to The Sandtrap, Inc. She stated Ms. Cordova has relinquished her interest in the partnership and noted that Derek and Beth are divorced and that the transfer of ownership of the license was addressed in their divorce decree. Mr. Cordova explained his involvement in the licenses prior to this application for transfer of ownership. Mr. Cordova stated there would be no changes in the way both licenses are managed. Ms. Anders stated she and Mr. Cordova are the sole officers, directors, and shareholders of The Sandtrap, Inc. Mr. Cordova noted he and Ms. Anders would share the manager responsibilities of both licenses. It was noted that Mr. Cordova also holds a license at Collindale Golf Course. Authority member Spaulding made a motion, seconded by Authority member Poncelow, to approve the transfer of ownership of the Sandtrap at SouthRidge Golf Course, 5750 South Lemay, from Beth Ann Cordova and Kier Anders to The Sandtrap, Inc. Yeas: Bullard, Cooper, Gadsby, Garber, Poncelow, and Spaulding. Nays: None. THE MOTION CARRIED. -2- • • March 1, 1989 Transfer of Ownership of the Sandtrap at SouthRidge Clubhouse, 5750 South Lemay (Secretary's Note: Testimony regarding the application was presented in conjunction with the previous item.) Authority member Spaulding made a motion, seconded by Authority member Poncelow, to approve the transfer of ownership of the Sandtrap at SouthRidge Golf Course, 5750 South Lemay, from Beth Ann Cordova and Kin Anders to The Sandtrap, Inc. Yeas: Bullard, Cooper, Gadsby, Garber, Poncelow, and Spaulding. Nays: None. THE MOTION CARRIED. Request from Fort Collins Junction, Inc., dba The Junction, 518 West Laurel, to Change. Alter. or Modify Premises Tom Metcalf, attorney representing the licensee, noted he was present and called upon Van Hallowell, manager of The Junction, to represent this application. Van Hallowell described the proposed expansion, noting that the expansion would add a tostada/fajita bar and a larger waiting area. He stated the expansion/modification would facilitate better control of the bar area. He stated the seating would be increased by approximately 12.5% and the increase in floor space would be approximately 10%. Authority member Poncelow made a motion, seconded by Authority member Garber, to find that the proposed expansion at The Junction, 518 West Laurel, is not substantial. Yeas: Bullard, Cooper, Gadsby, Garber, Poncelow, and Spaulding. Nays: None. THE MOTION CARRIED. Petition for Permission to Pay a Fine In Lieu of Suspension of the Hotel -Restaurant License at The Junction, 518 West Laurel Tom Metcalf, attorney representing the licensee, stated he had no objection to proceeding based upon the Procedures for Fines in Lieu of Suspensions as provided by the City Clerk's Office. Authority member Poncelow questioned whether the members of the Authority who were not present at the show cause hearing for this establishment could participate in consideration of this petition. -3- • March 1, 1989 City Attorney Steve Roy stated he believed that the decision to suspend the license and the decision on whether to grant the petition are sufficiently distinct and that the entire board could participate in consideration of this petition. Mr. Metcalf concurred with City Attorney Roy's comments. Authority member Spaulding made a motion, seconded by Authority member Bullard, to temporarily stay the proposed suspension of the license of Fort Collins Junction, Inc., dba The Junction, imposed by the Authority on February 1, 1989, and to order a financial investigation relating to the Licensee's petition for permission to pay a fine in lieu of said suspension. Authority member Poncelow expressed concern that granting a temporary stay and ordering an investigation may lead to automatic granting of a fine. City Attorney Steve Roy stated granting the temporary stay was separate and distinct from the imposition of a fine. He pointed out that a temporary stay was necessary to allow time to gather evidence relating to the request to pay a fine. He advised the Authority against denying a request for a temporary stay unless there were grounds for such denial. Mr. Metcalf stated that since it was the licensee who submitted the request, the licensee was not concerned with the expense of conducting an investigation, regardless of the outcome of the request. Authority member Bullard stated he believed denying the temporary stay (in order to conduct the investigation) would constitute pre -judging of the decision whether to impose a fine in lieu of the suspension, thereby denying due process. Authority member Garber stated he believed the violation at The Junction was such that he would not be in favor of allowing a fine in lieu of the suspension. Authority member Spaulding stated she would like the Authority to address this avenue for violations of the liquor code. The vote on Authority member Spaulding's motion was as follows: Yeas: Bullard, Cooper, Gadsby, and Spaulding. Nays: Garber and Poncelow. THE MOTION CARRIED. -4- • • March 1, 1989 Other Business Change of Trade Name from Mulberry Liquors to Thirsty's Liquor, 460 South College Space F Authority member Poncelow made a motion, seconded by Authority member Spaulding, to approve the change of trade name from Mulberry Liquors to Thirsty's Liquor, 460 South College, Space F. Yeas: Bullard, Cooper, Gadsby, Garber, Poncelow, and Spaulding. Nays: None. THE MOTION CARRIED. Secretary Rita Knoll brought attention to a memo she had provided to the Authority regarding lengthening, from 30 days to 45 days, the period during which a suspension must be served. She explained that the 30-day timeframe is too restrictive for licensees and does not allow the licensee an opportunity to address the Authority at the next regular meeting before the suspension would have to be served. It was the consensus of the Authority to use the 45-day period. Discussion of Fines in Lieu of Suspensions Secretary Rita Knoll stated that the procedures outlined for fines in lieu of suspensions should be adopted by the Authority, noting that the Authority needed to determine the number of days a licensee would have to pay a fine. She suggested 5 working days might be appropriate. It was the consensus of the Authority to require the licensee to pay the fine within 5 working days. In response to a question by the Authority, City Attorney Steve Roy indicated that a licensee could appeal the Authority's decision on whether to impose a fine in lieu of suspension. Dave Sauter, State Liquor Enforcement Division Field Investigator, provided the Authority with background information relating to fines in lieu of suspensions. The Authority discussed at length the details of considering a fine in lieu of suspension. Authority member Spaulding made a motion, seconded by Authority member Cooper, to approve the Procedures for Fines in Lieu of Suspensions including the requirement that such fine be paid within 5 working days. Yeas: Bullard, Cooper, Gadsby, Garber, Poncelow, and Spaulding. Nays: None. THE MOTION CARRIED. Authority member Cooper suggested the Authority hold a worksession for further discussion of fines in lieu of suspensions. After discussion, it was decided to meet at 11:30 a.m. on March 22. -5- 0 0 March 1, 1989 Authority member Bullard requested staff provide copies of memos prepared in 1988 relating to the issue of fines in lieu of suspensions. Adjournment Authority member Gadsby made a motion, seconded by Authority member Garber, to adjourn. Yeas: Bullard, Cooper, Gadsby, Garber, Poncelow, and Spaulding. Nays: None. THE MOTION CARRIED. The meeting was adjourned at approximately 8:50 p.m. Chairperson �;aL k�ea Secretary