HomeMy WebLinkAboutLiquor Licensing Authority - Minutes - 12/29/19860
LIQUOR LICENSING AUTHORITY
Regular Meeting - December 29, 1986
7:30 P.M.
A regular meeting of the Liquor Licensing Authority was
December 29, 1986, in the Council Chambers of the City
Municipal Building. The following members were present:
Monaghan, and Morgan.
held on Monday,
of Fort Collins
Acott, Bullard,
Authority Members Absent: Sommermeyer, Spaulding and Veazie.
Staff Members Present: Debbie Caster, City Clerk's Office
Steve Roy, City Attorney's Office
Minutes of the Regular Meeting of
December 3. 1986, Approved as Published
Authority member Morgan made a motion, seconded by Authority member
Bullard, to approve the minutes of the regular meeting of December 3, 1986,
as published. Yeas: Bullard and Morgan. Nays: None. Abstain: Acott
and Monaghan.
Show/Cause Hearing for
Linden's. 214 Linden
Officer Ernie Tellez, was sworn and stated he is a police officer with the
Fort Collins Police Department. He stated he and Officer Mulnix were on
patrol the evening of August 2, 1986, and at approximately 12:30 a.m. they
entered Linden's. He stated he observed two apparently intoxicated persons
sitting at the bar, both of which he observed drinking beer from a bottle.
Officer Tellez stated Mr. Nelson, one of the intoxicated individuals, got
up to go towards the restroom and staggered, had to use the wall for
assistance, and had difficultly opening the restroom door. When he
returned, Officer Tellez stated he approached Mr. Nelson and his friend,
Mr. Comings. He stated he could smell alcohol on their breath and
determined they both had blood shot eyes and slurred speech. Officer
Tellez stated he asked the two men to step outside to talk. He reported
that Mr. Nelson again staggered and used the building to lean upon. He
also stated that Mr. Nelson was hesitant to give out any information.
Officer Tellez testified that Mr. Nelson then became belligerent and
started yelling obscenities. Mr. Nelson was then arrested for disorderly
conduct and transported to the Detention Center where he agreed to take a
blood alcohol test. Officer Tellez stated both men were tested. Mr.
Nelson's results showed a blood alcohol content of .131. Mr. Coming's
results showed a blood alcohol test of .0253. Officer Tellez noted that he
did not return to the bar to ticket the bartender at Linden's. Officer
Tellez stated the violation in question falls under Section 12-47-105.1,
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December 29, 1986
Conduct of Establishment. He reminded the Authority that this section
clearly states that no intoxicated person shall be allowed to remain on the
premises.
The Authority asked questions of Officer Tellez. It was noted that Mr.
Nelson had no physical or medical disabilities. Officer Tellez stated he
has 7 years experience with the Police Department and 4 years experience as
the DUI Officer.
Mr. Joseph Carroll, attorney representing the licensee, cross-examined
Officer Tellez. Officer Tellez stated that he never discussed the charge
with the owners.
Mr. Gordon Scherbinske, part-owner, was sworn and stated that he was not
apresent in tbAugust
rrived. Atthe t me hearrived�aro n d 1:001a.m.,aMr. Scherbinske.m. when the statedthe bartender informed him of the incident. He stated witnesses came
forward on their own behalf to tell him their side of the story. He stated
he kept the list of names and addresses for a long time but because he
never heard anything from the Police Department or the Licensing Authority,
he threw the list away. In response to questions by the Authority, Mr.
Scherbinske explained the training policies and procedures. He stated all
of their employees are required to attend the seminars by Officer Tellez.
It was noted that the bartender has graduated from CSU and moved to
California since the alleged violation occurred.
Mr. Tom Short, part-owner and manager, was sworn and stated he was not
present in the bar the morning of August 2. Mr. Short explained that their
employees are trained to check for underage persons and intoxicated persons
at the door. He pointed out that someone could come into the bar and
hen
Hepear notedothathave theirnentirekand stafftis made in to aware ofothis9ns andoitiisopolicyon.
to
look around the room every 30 minutes for signs of intoxication. Upon
notification of the show/cause hearing in November, Mr. Short stated he has
held employee meetings to review their policies. Mr. Short added that
other police officers have stated the bar is very well run.
Officer Ernie Tellez cross-examined Gordon Scherbinske. Mr. Carroll gave
his closing statements. Mr. Carroll stated that there has been no evidence
presented which shows a violation has occurred under the section cited for
conduct of establishment.
Assistant City Attorney Steve Roy stated to the Authority that they are not
precluded from finding a violation other than that which has been stated in
the notice. However, he stated that if another violation is found, the
licensee is to be afforded the opportunity to continue the hearing for not
more than 10 days to respond to the allegation.
Authority member Acott made a motion, seconded by Authority member Morgan,
to determine that a violation did occur according to Section 12-47-105.1,
as stated in the notice.
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December 29, 1986
Authority member Bullard stated he feels there is not sufficient evidence
to prove that a violation occurred under Section 12-47-105.1 (Conduct of
Establishment). He added that he feels an intoxicated person was present
on the premises and was served alcohol but stated it is not clear whether
the person was loitering.
The motion was put to vote as follow: Yeas: Acott and Morgan. Nays:
Bullard and Monaghan. THE MOTION FAILED, resulting in no violation to the
Particular charge cited.
Assistant City Attorney Steve Roy stated the Authority may wish to find
another violation, with the understanding that the licensee is to be
offered a continuation if any other evidence can be obtained and is
unavailable at this hearing.
Authority member Monaghan stated the Authority is faced with the task of
interpreting the letter of the law and also the spirit of the regulations.
He added that by the letter of the regulation he believes an intoxicated
person was served on the premises. However, he stated no violation has
occurred under the section cited.
Authority Bullard expressed his concern with the fact that there did not
appear to be enough employees at Linden's that night to adequately
supervise the patrons. He also stated that he is opposed to changing the
charge since there has been such a delay in processing the violation and
noted it has made it very difficult for the licensee to present evidence after
such a delay.
Authority member Acott stated she feels the employees are not adequately
scrutinizing the patrons prior to serving alcohol.
Authority member Morgan stated he feels intoxicated persons should be
spotted according to the testimony given by the owners which stated the
doorman and the bartenders are trained to watch for intoxicated people.
Authority member Monaghan stated there is an implied violation that an
intoxicated person was served but no violation occurred under the section
citing loitering of an intoxicated person.
Authority member Acott made a motion, seconded by Authority member Morgan,
to consider a violation occurring under Section 12-47-128(5)(a), involving
service to an intoxicated person. Yeas: Acott and Morgan. Nays: Bullard
and Monaghan. THE MOTION FAILED.
NO VIOLATION OCCURRED.
,)
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December 29, 1986
Registration of Manager
Safeway, 425 South College Avenue
Mr. Herbert Pedri, general manager, stated he has been employed by Safeway
for 28 years and is registering before the Authority as required by City
Code.
Authority member Bullard made a motion, seconded by Authority member Acott,
to approve the registration of manager for Herbert Pedri for Safeway, 425
South College Avenue. Yeas: Acott, Bullard, Monaghan, and Morgan.
Registration of Manager
Student Center, CSU
Ms. Eleanor Sperber, general manager, stated she has been employed as
manager in the Ramskellar (Student Center) since 1960. She added that
there are student managers, which she is responsible for training.
Authority member Bullard made a motion, seconded by Authority member
Morgan, to approve the registration of manager for Eleanor Sperber for the
Student Center, CSU. Yeas: Acott, Bullard, Monaghan and Morgan. Nays:
None.
Transfer of Ownership
Von Donner's Restaurant and Beer Garden,
No. 25 Old Town Sauare
Mr. Mike and Ed Donner, owners, stated they purchased Rooster Cogburns
Restaurant and remodeled the interior. Mr. Mike Donner explained that they
no longer have live entertainment or sports on TV. He explained the
designated driver program they are implementing and assured the Authority
that they discourage drinking and driving.
Authority member Bullard made a motion, seconded by Authority member Acott,
to approve the transfer of ownership from Omega Marketing Associates, Inc.
previously dba Rooster Cogburn's to Slippery Plank Enterprises Limited, dba
Von Donner's Restaurant and Beer Garden, No. 25 Old Town Square. Yeas:
Acott, Bullard, Monaghan, and Morgan. Nays: None.
Transfer of Ownership
Safeway, 425 South College Avenue and
Safeway, 2160 West Drake Road
Mr. John Hutchings, attorney representing the licensees, stated the
transfer resulted in a leverage buy out. He distributed copies of the
ownership chart. Mr. Hutchings stated the purpose of the transfer is to
distribute the assets out to the various corporations involved.
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December 29, 1986
Authority member Acott made a motion, seconded by Authority member Morgan,
to approve the transfer of ownership from Safeway Stores, Inc. to Safeway
Stores 46, Inc., dba Safeway at 425 South College Avenue and 2160 West
Drake Road. Yeas: Acott, Bullard, Monaghan, and Morgan. Nays: None.
Final Hearing for a Retail Liquor Store License
for Ram Liouors 1119 West Drake Road #C 34
Mr. Ralph Coyt, attorney representing the licensee, called the owner as his
witness.
Mr. Lawrence Friedland, owner, was sworn and submitted Applicant's Exhibit
1 and 2, which were identified as petitions containing approximately 311
signatures. Mr. Friedland spoke of his background. He stated he has been
in the retail liquor business for 30 years and has never received a
violation. Mr. Friedland stated he is familiar with the Colorado Liquor
laws. In response to questions by the Authority, Mr. Friedland stated the
majority of people contacted signed in favor of the petitions. He noted
very few people opposed. Mr. Friedland also noted that the store will be
approximately 2,000 square feet and he and one other employee will run the
store.
Assistant City Attorney Steve Roy stated the circulators verified statement
should be amended on the petitions. He suggested that the applicant submit
the changes within 30 days and the Authority approve the license contingent
upon an amended verified statement.
Authority member Acott made a motion, seconded by Authority member Morgan,
to approve the license contingent upon amended verified statements to be
submitted within the next 30 days. Yeas: Acott, Bullard, Monaghan, and
Morgan. Nays: None.
Authority member Acott made a motion, seconded by Authority member Morgan,
to approve the final resolution as presented. Yeas: Acott, Bullard,
Monaghan, and Morgan. Nays: None.
Other Business
The Authority decided to table the matters of discussion until the meeting
on January 28.
Police Report
It was noted that on Friday, December 19, 1986, the Police Department
conducted a spot compliance check among 27 liquor or beer licensed
establishments. Out of the 27 businesses, 8 establishments failed to pass
the compliance check.
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December 29, 1986
Authority member Acott made a motion, seconded by Authority member Morgan,
to determine probable cause and scheduled a show/cause hearing on January
28, 1987, for Bennigan's, 2203 South College Avenue. Yeas: Acott,
Bullard, Monaghan and Morgan. Nays: None.
Authority member Bullard made a motion, seconded by Authority member Acott,
to determine probable cause and scheduled a show/cause hearing on January
28, 1987, for King Soopers, 1015 South Taft Hill Road. Yeas: Acott,
Bullard, Monaghan and Morgan. Nays: None.
Authority member Bullard made a motion, seconded by Authority member
Morgan, to determine probable cause and scheduled a show/cause hearing on
January 28, 1987, for Mini Mart, 1801 North College Avenue. Yeas: Acott,
Bullard, Monaghan, and Morgan. Nays: None.
Authority member Bullard made a motion, seconded by Authority member
Morgan, to determine probable cause and scheduled a show/cause hearing on
January 28, 1987, for Fast Lane, 200 West Horsetooth Road. Yeas: Acott,
Bullard, Monaghan, and Morgan. Nays: None.
Authority member Bullard made a motion, seconded by Authority member
Morgan, to determine probable cause and scheduled a show/cause hearing on
January 28, 1987, for North College Liquors, 814 North College Avenue.
Yeas: Acott, Bullard, Monaghan, and Morgan. Nays: None.
Authority member Bullard made a motion, seconded by Authority member
Morgan, to determine probable cause and scheduled a show/cause hearing on
January 28, 1987, for Saveway Gas, 710 East Magnolia. Yeas: Acott,
Bullard, Monaghan, and Morgan. Nays: None.
Authority member Bullard made a motion, seconded by Authority member
Morgan, to determine probable cause and scheduled a show/cause hearing on
January 28, 1987, for Round the Corner, 101 West Swallow Road. Yeas:
Acott, Bullard, Monaghan, and Morgan. Nays: None.
Authority member Bullard made a motion, seconded by Authority member
Morgan, to determine probable cause and scheduled a show/cause hearing on
January 28, 1987, for Seven Eleven, 505 South Shields. Yeas: Acott,
Bullard, Monaghan, and Morgan. Nays: None.
Adjournment
Authority member Bullard made a motion, seconded by Authority member
Morgan, to adjourn.
The Chairman put the motion to vote which was unanimously adopted.
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• December 29, 1986
The meeting was adjourned at approximately 9:50 p.m.
Chairman
secretary _
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