Loading...
HomeMy WebLinkAboutLiquor Licensing Authority - Minutes - 07/15/1987LIQUOR LICENSING AUTHORITY Regular Meeting - July 15, 1987 6:31 P.M. A regular meeting of the Liquor Licensing Authority was held on Wednesday, July 15, 1987, in the Council Chambers of the City of Fort Collins Municipal Building. The following members were present: Bullard, Cooper, Morgan, Poncelow, Sommermeyer, and Veazie. Authority Members Absent: Spaulding. Staff Members Present: Debbie Caster, City Clerk's Office Paul Landolt, Police Department Steve Roy, City Attorney's Office Consent Calendar This calendar is intended to expedite the hearings and allow the Authority to spend its time and energy on the more controversial items on a lengthy agenda. Anyone may request an item on this calendar be "pulled" off the Consent Calendar and considered separately. Items pulled by anyone in the audience, the Authority, or staff will be discussed immediately following the Consent Calendar. Items of extreme controversy will be discussed near the end of the meeting under Pulled Consent Items. 1. Consider approving the minutes of the regular meeting of June 17 1987. 2. Renewals: a. Fast Lane, 200 West Horsetooth Road 3. Registration of Manager: a. Mike Gouin - Round the Corner, 101 West Swallow Road b. Rachel Chappel - 7-Eleven, 3035 West Prospect 4. New Application (Boundary Hearing): a. Young's Cafe, 3307 South College Avenue Authority member Bullard made a motion, seconded by Authority member Morgan, to approve all items on Consent Calendar, with the exception of Item 1, and schedule the new application for hearing on August 12. Yeas: Bullard, Cooper, Morgan, Poncelow, Sommermeyer and Veazie. Nays: None. July 15, 1987 Pulled Consent Items Authority member Bullard requested to amend pages 4, 5 and 8 of the June 17 minutes and discussed the necessary changes. Authority member Bullard made a motion, seconded by Authority member Morgan, to approve the minutes of the regular meeting of June 17, 1987. Yeas: Bullard, Cooper, Morgan, Poncelow, Sommermeyer, and Veazie. Nays: None. Show/Cause Hearing for Albertson's. 3660 South Mason Mr. Visvaldis Jaunarajs, attorney representing the applicant, stipulated to the violation on behalf of his client. Authority member Veazie made a motion, seconded by Authority member Morgan, to determine that a violation did occur on March 27, 1987, at Albertson's, 3660 South Mason. Yeas: Bullard, Cooper, Morgan, Poncelow, Sommermeyer, and Veazie. Nays: None. Officer Joseph Mulnix, was sworn, and stated the previous violations of this establishment. Mr. Jaunarajs stated on -going training is occurring at the store since the violation and explained those procedures. Mr. Bruce Kallage, store director, was sworn and stated he is responsible for the overall operation of the store. Mr. Kallage stated the store policy is to card for an ID if the person looks 26 years or younger. Mr. Kallage stated the store estimates approximately $300 originates from beer sales per day. It was also noted that six managers are registered to attend the upcoming City seminar in July. Mr. Kallage went on to explain in more detail the training procedures for new employees. Officer Mulnix submitted a picture of the scout to the Authority. Officer Mulnix recommended the Authority suspend the license for one day. Mr. Juanarajs made his closing statement and requested the Authority issue a letter of reprimand. Authority member Bullard made a motion, seconded by Authority member Morgan, to levy a one -day suspension of the license to be served within the next 30 business days at the convenience of the owner on a regular business day and that the premises be posted. Yeas: Bullard, Cooper, Morgan, Poncelow, Sommermeyer, and Veazie. Nays: None. IPAI • • July 15, 1987 Show/Cause Hearing for Scout 66, 320 North College Avenue Mr. Thomas Redder, attorney representing the applicant, stipulated to the violation on behalf of his client. Authority member Veazie made a motion, seconded by Authority member Morgan, to determine that a violation did occur on March 27, 1987, at Scout 66, 320 North College Avenue. Yeas: Bullard, Cooper, Morgan, Poncelow, Sommermeyer, and Veazie. Nays: None. Officer Ernie Tellez noted that there have been no previous violations at this establishment. Mr. Mark Moellenberg, was sworn, and stated he is the employee who sold the beer to the scout. Mr. Moellenberg stated it is the company policy to card when in doubt of someone's age. He stated he received no formal training from his employer, although he was told he could be fired if the beer code was violated. Mr. Moellenberg noted that he will not be fired in this instance and noted that the store has posted signs reminding the employees to card for ID's. Ms. Shirley Nott was sworn and stated she is responsible for training all new managers. In turn, she stated the managers are responsible for training their employees. Ms. Nott stated her training is primarily verbal training. She stated that since the violation, she has conducted meetings with all managers and the new drinking law has been reviewed. In response to a question by the Authority, Ms. Nott stated the business originates $25-S40 per day in beer sales. Authority member Morgan made a motion, seconded by Authority member Cooper, to levy a one -day suspension of the license to be served within the next 3C days at the convenience of the owner on a regular business day and that the premises be posted. Yeas: Bullard, Cooper, Morgan, Poncelow, Sommermeyer, and Veazie. Nays: None. Show/Cause Hearing for Saddle Up Liauors 1015 South Taft Hill Road Authority member Poncelow disclosed the fact that the police scout involved in this case was a former student and that it would not influence her decision. Neither the City or the license holder had any objection. Officer Ernie Tellez was sworn and stated he is a police officer employed by the City of Fort Collins Police Department. On March 27, 1987, at approximately 9:30 p.m., Saddle Up Liquors was checked during a routine spot compliance check. Officer Tellez stated the scout was refused a sale, but was called back into the store after he left. An employee of the establishment, identified as John Mathis, locked the doors, turned out the lights and detained the scout until the owner arrived. Mr. Mathis refused -3- July 15, 1987 to let Officer Tellez enter the establishment, even after Officer Tellez identified himself as an officer and ordered Mr. Mathis to let him inside. Mr. Craig Rose, the owner, arrived approximately 40 minutes later and demanded that Officer Tellez arrest the scout for attempting to purchase alcohol. Officer Tellez stated he explained to Mr. Rose that they were conducting a spot compliance check on behalf of the Fort Collins Police Department. In general, Officer Tellez stated the attitude of the employee and the owner was negative. Officer Tellez stated he feels three violations have occurred, i.e. Conduct of Establishment (for false imprisonment of the scout), Inspection of the Licensed Premises (officer was refused entry), and Interference with a Police Officer (locking doors). Mr. Thomas Metcalf, attorney representing the applicant, cross-examined Officer Tellez. During the cross-examination, Officer Tellez stated he and the scout were in street clothes. In addition, it was noted that police scout Kurt Clow did not have any identification to prove that he was with the Police Department. Officer Tellez stated at no time did he state he was present to inspect the premises. Kurt Clow, was sworn, and stated he is a police scout for the Fort Collins Police Department. Mr. Clow discussed the events which occurred on the evening of March 27 at Saddle Up Liquors. He added that Mr. Mathis made the comment that "this will be some easy money" and that he hoped this would "slow them down for the evening". Mr. Clow stated he made at least three requests to make contact with Officer Tellez or dispatch and was refused each time. During cross-examination by Mr. Metcalf, Mr. Clow stated he was not physically forced to reenter the liquor store when called to do so, nor was he ever physically threatened. Mr. Clow stated he made no effort to leave the store. In response to a question by the Authority, Mr. Clow stated he did not attempt to leave because he was intimidated by Mr. Mathis. The Authority had other questions of Officer Tellez and Mr. Clow. Mr. Metcalf moved for dismissal of the charges on the basis that the City failed to establish prima facie evidence. He added the license holder has the right to detain anyone underage attempting to purchase alcohol. Mr. Metcalf also stated that there is no proof that Officer Tellez was present to inspect the premises or that there was any threat or force used to detain Mr. Clow. Authority member Veazie made a motion, seconded by Authority member Poncelow, to determine that no violation occurred under Regulation 12-47-105.1 (Conduct of Establishment). Yeas: Bullard, Cooper, Morgan, Poncelow, Sommermeyer, and Veazie. Nays: None. Authority member Veazie made a motion, seconded by Authority member Bullard, to deny the request to dismiss Regulations 12-47-109.1 (Inspection of the Licensed Premises) and 12-47-131.1 (Interference with Officers). Yeas: Bullard, Cooper, Morgan, Poncelow and Veazie. Nays: Sommermeyer. -4- • • July 15, 1987 Mr. Metcalf stated he will not put on any evidence and stand on his prior motion to dismiss the case. Authority member Veazie made a motion, seconded by Authority member Bullard, to determine that a violation did occur under Regulation 12-47-131.1 (Interference with Officers). Authority member Veazie stated he feels a violation has occurred because the officer was not allowed entry even after identifying himself and because the scout felt threatened. In addition, he noted that there was no attempt on the licensee's part to verify that the officer and scout were from the Police Department. Authority member Bullard stated he feels the scout felt threatened and that a violation has occurred on the basis that the threat of force was present with respect to obstructing the performance of the officer's duties. Authority member Cooper stated he feels the officer was detained in conducting his investigation. The Chair put the motion with the following votes: Yeas: Bullard, Cooper, Morgan, Poncelow and Veazie. Nays: Sommermeyer. Authority member Bullard made a motion, seconded by Authority member Morgan, to determine that a violation did occur under Regulation 12-47-109.1 (Inspection of the Licensed Premises). Authority member Veazie stated he feels the officer was attempting to investigate the matter, which included inspecting the premises since the scout was being detained inside. The Chair put the motion with the following votes: Yeas: Bullard, Cooper, Morgan, Poncelow, and Veazie. Nays: Sommermeyer. Officer Tel 1ez mentioned the previous violations occurring at the establishment. He recommended a six consecutive day suspension. Mr. Metcalf stated the employee was trying to enforce the law, as instructed in Officer Tellez's class, by holding an underage person attempting to purchase alcohol. Authority member Veazie made a motion, seconded by Authority member Cooper, to levy a five consecutive day suspension of the license to be served Monday through Friday on regular business days within the next 90 days and that the premises be posted. Yeas: Cooper and Veazie. Nays: Bullard, Morgan, Poncelow and Sommermeyer. THE MOTION FAILED. Authority member Morgan made a motion, seconded by Authority member Poncelow, to levy a two consecutive day suspension to be served on regular WN July 15, 1987 business days within the next 30 days and that the premises be posted. Yeas: Bullard, Poncelow, and Morgan. Nays: Cooper, Sommermeyer and Veazie. THE MOTION FAILED. Authority member Bullard stated he feels the employee showed poor judgement but did not display ill motive by deliberately violating the liquor code. Authority member Veazie made a motion, seconded by Authority member Morgan, to reconsider the previous motion suspending the license for two days. Yeas: Bullard, Morgan, Poncelow and Veazie. Nays: Cooper and Sommermeyer. Authority member Bullard made a motion, seconded by Authority member Veazie, to levy a two consecutive day suspension to be served on regular business days within the next 30 days and that the premises be posted. Yeas: Bullard, Morgan, Poncelow, and Veazie. Nays: Cooper and Sommermeyer. Transfer of Ownership Harvest Foods, 622 North College Avenue Mr. Jerry Salamone, part owner, was sworn and spoke of the purchase arrangements to buy the former Grants Farm Market. Mr. Salamone noted that his employees have experience of 5 years or more. It was noted that he will own the business together with a partner. Authority member Morgan made a motion, seconded by Authority member Veazie, to approve the transfer of ownership from Piedmont Farms, Inc. to A-J Enterprises, Ltd. Yeas: Bullard, Cooper, Morgan, Poncelow, Sommermeyer, and Veazie. Nays: None. Transfer of Ownership Mr. Gill's, 3500 South College Avenue Mr. William Patterson, owner, was sworn and stated he has purchased the business formerly known as Tempting Creations. He stated the business will be a small soup and sandwich restaurant. Mr. Patterson stated he has experienced personnel trained in the liquor laws. He added that he and his staff will attend the City's seminar on liquor laws. In response to a question by the Authority, Mr. Patterson stated he will be the sole owner and spoke of the financial arrangements to purchase the business He also stated that the lay out of the establishment will remain the same. Authority member Poncelow made a motion, seconded by Authority member Bullard, to approve the transfer of ownership from Connie Smith and Marilyn Dutton to William David Patterson. Yeas: Bullard, Cooper, Morgan, Poncelow, Sommermeyer, and Veazie. Nays: None. ME • • July 15, 1987 Transfer of Ownership Whirls Ball, 216 West Horsetooth Road Mr. Gary Davis, owner, was sworn and spoke of his previous work experience in the retail liquor and restaurant business. He stated he and his wife are partners together in the business. He stated he has never received a liquor violation. Mr. Davis stated there will be no changes in operation. Authority member Veazie made a motion, seconded by Authority member Bullard, to approve the transfer of ownership from Fort Collins Recreation Center, Inc. to Gary and Joycelyn Davis. Yeas: Bullard, Cooper, Morgan, Poncelow, Sommermeyer, and Veazie. Nays: None. Final Hearing for a 3.2% Fermented Malt Beverage License (off premise) for Vicker's 2025 South College Avenue Mr. Jon Strombraker, attorney representing the applicant, called his first witness. Mr. Jerry Rice, 429 Princeton Road, Fort Collins, was sworn and stated he resides in the defined neighborhood boundary. He added that he occasionally drinks 3.2% beer and feels this establishment would be more convenient since you can also buy gas and because its closer to his home. Mr. Rice closed by stating that he feels there is a need in the neighborhood for this license and that he personally desires to see the license granted. Mr. Max Scott, owner and president of Oedipus, Inc. was sworn and explained how he conducted the petition survey for the beer license. Mr. Scott submitted Applicant's Exhibit 2, which was identified as four packets of petitions. Applicant's Exhibit 3 was also submitted and identified as the summary report. In summary, Mr. Scott stated 68% of the neighborhood signed in favor of granting the beer license. Mr. Larry Rogers, 700 E. 47th Avenue, Denver, CO, was sworn and stated he is employed by Total Petroleum Inc. as a Regional Merchandise Manager in the states of Colorado and Tennessee. Mr. Rogers stated the company is proposing a mini convenience store with gas pumps. He stated that they use the TAM (Technics in Alcohol Management) program for training their employees on the beer laws. He spoke of the pre -test, the training film and the post-test as part of the training. Applicant's Exhibit 1 was submitted and identified as the test materials used in training. Mr. Rogers stated the company policy is to card anyone looking 25 years or younger. Applicant's Exhibit 4 was submitted and identified as the floor plan. Mr. Rogers spoke of the walk-in cooler and electric door locks used on the beer cooler. Authority member Veazie made a motion, seconded by Authority member Poncelow, to approve the 3.2% off premise license for Metro Oil Inc., dba -7- July 15, 1987 Vicker's, 2025 South College Avenue. Yeas: Bullard, Cooper, Morgan, Poncelow, Sommermeyer, and Veazie. Nays: None. Authority member Veazie made a motion, seconded by Authority member Morgan, to approve the final resolution as presented. Yeas: Bullard, Cooper, Morgan, Poncelow, Sommermeyer, and Veazie. Nays: None. Other Business The Authority decided to hold another worksession prior to the September 9 regular business meeting. With respect to massage instruction taking place at The Farm (at Martinez Park), Assistant City Attorney Steve Roy stated further research will be required. The Chair requested the Police Department to conduct a formal investigation of the records at The Comedy Works prior to the show/cause hearing on August 12. Adjournment Authority member Morgan made a motion, seconded by Authority member Veazie, to adjourn. The Chairman put the motion to vote which was unanimously opted. The meeting was adjourned at approximat,#�X40:10 p. S�retary