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HomeMy WebLinkAboutLiquor Licensing Authority - Minutes - 03/25/1987LIQUOR LICENSING AUTHORITY Regular Meeting - March 25, 1987 7:35 p.m. A regular meeting of the Liquor Licensing Authority was held on Wednesday, March 25, 1987, in the Council Chambers of the City of Fort Collins Municipal Building. The following members were present: Acott, Bullard, Monaghan, Morgan, Somnermeyer, Spaulding, and Veazie. Staff Members Present: Debbie Caster, City Clerk's Office 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 February 25 1987. Registration of Manager: Donald Shoemaker - Bananas, 3500 South College Avenue Michael Eggars - Bennigan's, 2203 South College Avenue Authority member Veazie made a motion, seconded by Authority member Spaulding, to approve the Consent Calendar. Yeas: Acott, Bullard, Monaghan, Morgan, Sommermeyer, Spaulding, and Veazie. Nays: None. Special Events Permit - 3.2% Fine Arts Series/Colorado State University - April 25, 1987 Janine Underhill, representative from the CSU Fine Arts Series, stated they are proposing to hold a jazz concert on April 25 from 12:30 p.m. to 8:00 p.m. on the Lory Student Center lawn. She stated their event has received approval from the College Days Committee. It was noted that police officers, emergency medical technicians and student marshalls will all be on hand during the event. Ms. Underhill stated they will be serving beer in 14 oz. cups. She noted other beverages and food will also be sold. She explained that the event will be family oriented. March 25, 1987 Authority member Monaghan made a motion, seconded by Authority member Morgan, to approve the special events permit for Fine Arts Series on April 25 from 12:30 p.m. to 8:00 p.m. Yeas: Acott, Bullard, Monaghan, Morgan, Sommermeyer, Spaulding, and Veazie. Nays: None. Special Events Permit - 3.2% Aloha Tau Omega April 25 1987 (Rain date• April 26) Mr. Todd Shanholtzer, representative of the fraternity, stated they are proposing to hold a volleyball tournament at the fraternity on April 25 and are requesting to serve beer from 9 a.m. to 7 p.m. He noted that there will be security provided around the perimeter of the fraternity house. Mr. Shanholtzer stated that students working the event will not be allowed to drink beer and one emergency medical technician will be on hand. It was noted that other beverages will be available, as well as food. In closing, Mr. Shanholtzer stated the event has been approved by the College Days Committee. Authority member Veazie made a motion, seconded by Authority member Monaghan, to approve the special events permit for Alpha Tau Omega on April 25, 1987 (rain date of April 26). Yeas: Acott, Bullard, Monaghan, Morgan, Sommermeyer, Spaulding, and Veazie. Nays: None. Final Hearing for a 3.2% Fermented Malt Beverage License Mr. James Stitt, attorney representing the applicant, called his first witness. Mr. Mike Russell, was sworn, and stated he is the Colorado Division Manager. He spoke briefly of his background with the company. Applicant's Exhibit 2 was entered into the record and identified as a copy of the Master File Letter with the Colorado Department of Revenue. This type of letter states that the State has approved the backgrounds of all its corporate officers listed on the license. Mr. Russell noted that the store is open 24 hours and sells gasoline and convenience store items. Mr. Russell stated that he is familiar with the neighborhood and feels that there is a need in the neighborhood for the beer license. Mr. Russell spoke briefly of the training program and noted that any employee who violates the beer laws is automatically terminated. Mr. Russell stated no other store has ever had a violation of the Colorado Beer Code. Ms. Dinah Brinkman, was sworn and stated she is the training supervisor. She spoke briefly of her background with the company. Ms. Brinkman explained in detail the procedure used in training employees with respect to alcohol sales. Applicant's Exhibit 1 was submitted and identified as the training packet. It was noted that employees are instructed to card anyone looking 25 years or younger. Ms. Brinkman stated they conduct their own spot compliance checks . -2- • March 25, 1987 Ms. Karen Albrecht, was sworn, and stated she is the general manager. Ms. Albrecht stated she had to complete the training program prior to being hired as manager. She stated she works 10 hours days on the premises. She also stated she is responsible for hiring her employees. It was noted that the store opened March 13 and they have received numerous requests for 3.2% beer. Applicant's Exhibit 3 was submitted and identified as a picture photograph of the front of the store showing the sign, which is required to be posted by state statute. In response to questions by Authority member Morgan, Ms. Albrecht described where the beer coolers are located in relation to the cash register. Ms. Leah Conroe, was sworn and stated she works for Oedipus, Inc., a petitioning firm out of Boulder. Applicant's Exhibit 4 was submitted and identified as four packets of petitions circulated on behalf of the license application. Applicant's Exhibit 5 was submitted and identified as the summary report. Ms. Conroe explained how the survey was conducted and noted that 87% of the residential area stated they feel there is a need and a desire in the neighborhood area for this type of license. Authority member Veazie made a motion, seconded by Authority member Monaghan, to approve the 3.2% fermented malt beverage license application for Diamond Shamrock Food Mart, 1113 West Drake Road. Yeas: Acott, Bullard, Monaghan, Morgan, Sommermeyer, Spaulding, and Veazie. Nays: None. Authority member Monaghan made a motion, seconded by Authority member Veazie, to approve the final resolution as presented. Yeas: Acott, Bullard, Monaghan, Morgan, Sommermeyer, Spaulding, and Veazie. Nays: None. Mr. Stitt explained that the manager has filed her paperwork with the City but because the background investigation has not been completed it could not be scheduled for approval at this hearing. He requested that the Authority consider approving the manager contingent upon a favorable police report. Authority member Spaulding made a motion, seconded by Authority member Acott, to approve the registration of Karen Albrecht as manager, contingent upon a satisfactory report from the CBI and the City of Fort Collins Police Department. It was noted that this condition will be removed at the April 22 meeting. Yeas: Acott, Bullard, Monaghan, Morgan, Sommermeyer, Spaulding, and Veazie. Nays: None. Change in Trade Name Collindale Golf Course, 1441 East Horsetooth Road It was noted that the name change is being made as a house keeping measure and the need to clarify the licensed premises which includes the entire golf course. Authority member Monaghan made a motion, seconded by Authority member Veazie, to approve the change in trade name from Collindale Snack Bar to -3- March 25, 1987 Collindale Golf Course. Yeas: Acott, Bullard, Monaghan, Morgan, Sommermeyer, Spaulding, and Veazie. Nays: None. Modification of Premises for Collindale Golf Course, 1441 East Horsetooth Road Mr. Jerry Brown, Assistant to the Parks and Recreation Director, stated he serves as the manager of golf. He noted that the license holder, Derek Cordova, was present in the audience. Mr. Brown explained that beer has been sold and consumed on the Collindale Golf Course since it was licensed in 1971. Even though the Council at that time licensed the golf course for consumption of beer, he noted that City staff has not been able to locate the documentation which specifically allows for consumption on the premises. Therefore, Mr. Brown stated they are coming forward at this time to clarify the situation. Mr. Brown further explained that the golf course was originally licensed in the County and then annexed into the City, at which time the premises were not adequately defined. Mr. Cordova, license holder, stated the modification to include the golf course will give him greater control of the premises. For example, he stated they will card individuals at the gate, as well as check to see if anyone is bringing their own alcohol onto to the course. Authority member Monaghan made a motion, seconded by Authority member Veazie, to determine that the modification of premises is not substantial on the basis that the course has always been licensed for the sale of beer and to further clarify that this action will allow for the consumption of beer on the golf course. Yeas: Monaghan, Sommermeyer, Spaulding, and Veazie. Nays: Acott, Bullard, and Morgan. New Application for a 3.2% Fermented Malt Beverage License The boundaries as proposed by the Administration were as follows: North from the subject premises to Harmony Road West from the subject premises to City Limits South from the subject premises to City Limits (County Road 32) East from the subject premises to City Limits Ms. Cordova and Ms. Anders, applicants, stated the boundaries are acceptable. Authority member Veazie made a motion, seconded by Authority member Acott, to accept the new application, accept the boundaries as proposed, and set the final hearing for April 22, 1987. Yeas: Acott, Bullard, Monaghan, Morgan, Sommermeyer, Spaulding, and Veazie. Nays: None. -4- March 25, 1987 Show/Cause Hearing for The Moot House, 2626 South College Avenue It was noted that the Authority received a request from the applicant's attorney to table the hearing until April 22, 1987. The Chairman conducted a telephone poll of the Authority and he noted that that the majority of members contacted voted in favor of the continuance. Show/Cause Hearing for Gene's Tavern, 200 Walnut Officer Ernie Tellez, was sworn, and stated he is a police officer with the City of Fort Collins. He stated this hearing involves an alleged violation whereby on January 8, 1987, an employee of Gene's Tavern served an alcoholic beverage to a visibly intoxicated person. Officer Tellez went on to explain that on January 8 he and Officer Kelly were on routine patrol and observed an intoxicated individual identified as Clifford Dean Allen in the 200 block of Walnut Street. He noted that Mr. Allen has been arrested on several occasions for disorderly conduct and public intoxication. Officer Tellez explained that when they observed Mr. Allen he was staggering in front of Gene's Tavern and using the building for assistance while walking. He noted that first initial contact was made inside of Gene's Tavern. He stated Mr. Allen was sitting at the bar with a glass of liquid in front of him, which appeared to be alcohol. Officer Tellez stated at that time he noticed another individual in the bar who had a warrant out for his arrest, therefore he arrested the person and had another officer transport him to the detention center. Approximately 10-15 minutes later, Officer Tellez stated they reentered the bar and took the alcoholic beverage from Mr. Allen for testing. He noted that the bartender, Mr. Donald Gibson, was issued a summons for serving an intoxicated person. City's Exhibit 1 was submitted and identified as a laboratory report from the CBI revealing the ethyl alcohol content of the drink analyzed to be 8.6%. Officer Tellez stated Mr. Allen was placed under arrest when he became angry that his drink was taken away and the bartender was issued a ticket. It was noted that a Judge has signed an order sending Mr. Allen to Pueblo for evaluation of his alcohol problem. Officer Patrick Kelly, was sworn, and stated he is a police officer with the City of Fort Collins. He testified that when they initially entered the bar, the bartender, Mr. Gibson, told him that he did not realize how drunk Mr. Allen was and that he would not serve him again. Officer Kelly also stated that when Mr. Allen was transported to the detention center they almost did not accept him because his level of intoxication was so extreme that they had to determine if he could safely be admitted to jail. In response to a question by the Authority, Officer Tellez stated Mr. Allen showed all signs of intoxication, i.e., slurred speech, strong odor of alcohol on his breath, staggering, etc. and stated the bartender should have recognized these signs. Officers Tellez and Kelly answered other questions by the Authority. -5- March 25, 1987 Mr. Donald Gibson, was sworn, and stated he is a bartender at Gene's Tavern. He stated when Mr. Allen entered the bar he was not staggering. He stated Mr. Allen ordered a bourbon and 7-Up and stated he served him because he appeared sober. When the officers entered the bar, he stated Officer Kelly advised him not to serve Mr. Allen anymore. At that time, Mr. Gibson told Mr. Allen that would be his last drink. He stated Mr. Allen became angry. He noted that he felt Mr. Allen spoke very clearly . In addition, he stated Mr. Allen is not a regular customer. Mr. Gibson told the Authority that he does not rely on police officers to tell him when someone has had too much to drink. Ms. Sharon Kapperman, part-owner, was sworn and stated not all of the police report is true and accurate. She stated she feels there are too many inconsistencies and feels the Mr. Allen described is not the same person who was in the bar. Ms. Kapperman pointed out that the police never observed the patron take a drink from the glass. Ms. Kapperman spoke of the hearings and conversations which took place at Municipal Court involving this incident. Ms. Kapperman stated their relations with the Fort Collins Police Department have been good over the years. In response to a question by the Authority, Ms. Kapperman stated their attorney could not be present at the hearing tonight. Police Officer Ernie Tellez and Mr. Gibson gave their closing statements. Authority member Spaulding made a motion, seconded by Authority member Acott, to determine that a violation did occur on January 8, 1987, at Gene's Tavern, 200 Walnut. Yeas: Acott, Bullard, Monaghan, Morgan, Sommermeyer, Spaulding, and Veazie. Nays: None. Authority member Acott suggested that Mr. Gibson take the City's course on liquor laws. Authority member Morgan questioned why the police did not use a breathalyzer test. Authority member Veazie stated he is satisfied with the conduct of the police and feels from the testimony given that Mr. Allen was intoxicated. Authority member Spaulding pointed out that Ernie Tellez conducts the classes which teaches license holders how to recognize an intoxicated person. She also noted that both parties have agreed that Mr. Allen was served a drink. The previous record of the establishment was noted into the record. Authority member Spaulding stated she feels the bartender has trouble in identifying an intoxicated person on the basis that three prior offenses have occurred similar in nature to this violation. Mr. Gibson spoke to the violation occurring in September of 1985 and noted that the case was dismissed from court and that he feels the Authority should never have issued a suspension. Mr. Gibson could not reply whether any changes have been made in the establishment since the last violation. 19 • March 25, 1987 1 Authority member Spaulding made a motion to levy a 7-day suspension to be served within 30 days to be served on a business day and that the premises be posted. Due to lack of a second, the motion died. Authority member Veazie made a motion, seconded by Authority member Morgan, to levy a 3-consecutive day suspension within the next 30 days to be served on regular business days and that the premises be posted. Yeas: Bullard, Monaghan, Morgan, Sommermeyer, and Veazie. Nays: Acott and Spaulding. Other Business The Authority discussed changing the meeting time from 7:30 p.m. to 6:30 p.m. Authority member Spaulding made a motion, seconded by Authority member Bullard, to approve the time change to 6:30 p.m. beginning with the April 22 meeting. Yeas: Acott, Bullard, Morgan, Sommermeyer, Spaulding, and Veazie. Nays: Monaghan. The Authority unanimously agreed that the Chairman will conduct telephone polls of members when he receives requests to continue show/cause hearings. Members agreed that good, justifiable reasons should be given and the procedure should not be abused. Chairman Sommermeyer requested staff draft a Resolution thanking Charlie Monaghan for his service and contributions as Vice -Chairman and Chairman to be presented April 22. Authority member Veazie stated he'd like to see the Authority send out a mailing to all establishments giving suggestions and tips on training procedures. He stated he would draft a copy and bring it for the Authority's review on April 22. Authority member Spaulding stated the attendance of the Authority has been down and stated she would like to request that City Council appoint an alternate member to the Authority. Chairman Sommermeyer requested that this item be scheduled under Other Business for the April 22 meeting. Adjournment Authority member Sommermeyer made a motion, seconded by Authority member Spaulding, to adjourn. The Chairman put the motion to vote which was unanimously adopted. The meeting was adjourned at approximately 1 :45 p.m. U \U;Q -Chairman Secretary -7-