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HomeMy WebLinkAboutLiquor Licensing Authority - Minutes - 05/18/19880 0 LIQUOR LICENSING AUTHORITY MINUTES Regular Meeting - May 18, 1988 6:32 P. M. A regular meeting of the Liquor Licensing Authority was held on Wednesday, May 18, 1988, in the Council Chambers of the fort Collins Municipal Building. The following members were present: Bullard, Poncelow, Spaulding, and Veazie. Authority Members Absent: Cooper and Sommermeyer. Staff Members Present: Debbie Duval, City Clerk's Office Paul Landolt, Police Department Steve Roy, City Attorney 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. I. Minutes. a. Consider approving the minutes of the April 20, 1988, regular meeting. b. Consider approving the minutes of the April 27, 1988, special meeting. 2. Extended Hours: a. Sportsmans Boss Hogg's, 210 Walnut. 3. New Application (Boundary Hearing): a. Consider approving a new application for a Retail Liquor Store license for Lemay Liquors, Inc. dba Lemay Liquors, 737 Lemay Avenue, Suite B-3. Authority member Spaulding made a motion, seconded by Authority member Veazie, to approve the Consent Calendar. Yeas: Bullard, Poncelow, Spaulding, and Veazie. Nays: None. May 18, 1988 ial Events Permit for The Institute of ad Finnnrinl Plannarc - .1n1v 1F R 17 Ms. Leslie Emerson, representative from The Institute of Certified Financial Planners, explained the event and stated there will be two social activities on campus. She added that many of the members will be staying in the dorms during the conference. Ms. Emerson explained that a bartender service has been hired to serve the beverages and hors d'oeuvres. Authority member Poncelow made a motion, seconded by Authority member Spaulding, to approve the special events permit for The Certified Financial Planners on July 16 and 17, 1988. Yeas: Bullard, Poncelow, Spaulding, and Veazie. Nays: None. Show/Cause Hearing for Archers. 3425 South Mason Steve Howard, attorney representing the applicant, stated there is no stipulation to the alleged violation. Officer Jerry Wallace, was sworn and stated he was dispatched to Archer's on May 12, 1988, at approximately 8:45 p.m. to assist with a disturbance. Officer Wallace explained that individuals identified as David Romero and John Lovato were asked to leave by the management of Archer's. When the officers arrived the two men asked if they could finish their drinks before leaving. Officer Wallace stated they could not. He explained that Mr. Romero grabbed a pitcher of beer and consumed part of the pitcher. Mr. Lovato then took the pitcher and finished its contents. Officer Wallace described their behavior as rowdy and disruptive as they left. He then explained that he went back on routine patrol and saw the same two men at the front door of The Laughing Dog Saloon involved in a disturbance with the doormen. It was later found out that the two men were being refused entry into the bar because they could not produce an ID. Officer Wallace stated that the two were arrested at that time due to their disruptive behavior. Mr. Romero's age was later confirmed to be 20 years. Mr. Howard cross-examined Officer Wallace. Officer Wallace stated he did not return to Archer's to analyse the beer. It was also noted that Officer Wallace did not observe the service or purchase of the beer. He stated he had no knowledge whether Mr. Romero had consumed any beer prior to Archer's. Ms. Susan Moon, 424 Starway, Fort Collins, CO, was sworn and stated she is a part-time waitress at Archer's. She stated she arrived to work on March 12 at approximately 8 p.m. At that time, the doorman warned her to watch the two in the back by the pool tables and instructed her not to serve them anything. She stated she did not serve Mr. Romero or observe him drink any beer. She stated Mr. Lovato was not served either. Officer Wallace cross-examined Ms. Moon. -2- • , May 18, 1988 Ms. Wendy Mason, 2924 Ross Drive H2O, was sworn and stated she was the bartender on duty at approximately 6:30 p.m. Prior to 8:00, Ms. Mason explained that no waitresses were on duty and all alcohol orders were handled by herself at the bar. She stated at approximately 7:50 p.m., two men (David Romero and Juan Lovato) arrived and requested to buy quarters for the pool tables. She added that neither ordered any thing to drink. Ms. Mason stated she did not observe Mr. Romero drink any type of beverage. Officer Wallace cross-examined Ms. Mason. In response to a question by the Authority, Ms. Mason stated the doorman also told her not to serve them. Mr. Howard and Officer Wallace made their closing statements. Authority member Spaulding made a motion, seconded by Authority member Bullard, to determine that no violation occurred. Authority member Veazie stated he believes a violation occurred and that there is reasonable doubt that a minor was served. Authority member Bullard stated there has been no proof to establish a violation. Authority member Spaulding agreed stating that nothing can be established to prove that Archer's served Mr. Romero. Authority member Veazie pointed out that an officer testified that he witnessed a minor consume beer from a pitcher. Authority member Poncelow agreed. The motion was put to vote as follows: Yeas: Bullard. Nays: Poncelow, Spaulding, and Veazie. THE MOTION FAILED. Authority member Poncelow made a motion, seconded by Authority member Spaulding, to determine that a violation did occur at Archer's on March 12. Yeas: Poncelow, Spaulding, and Veazie. Nays: Bullard. Authority member Bullard commented that he feels it would not be proper to presume alcohol was consumed. Authority member Poncelow made a motion, seconded by Authority member Spaulding, to issue a letter of reprimand strongly urging them to tighten controls on the service of alcohol. Yeas: Bullard, Poncelow, and Spaulding. Nays: Veazie. Show/Cause Hearing for Bennigan's. 2203 South College Avenue Mr. David Wood, attorney representing the applicant, stated on behalf of Bennigan's he confesses that the service of alcohol was made to a minor on December 4, 1987. Mr. Wood stated Bennigan's will not confess as to who the bartender was that served the minor. Authority member Veazie made a motion, seconded by Authority member Spaulding, to determine that a violation occurred at Bennigan's. Yeas: Bullard, Poncelow, Spaulding, and Veazie. Nays: None. -3- May 18, 1988 Officer Ernie Tellez, was sworn, and stated there has been a history of violations at this establishment since it opened. Officer Tellez recommended a three day suspension. Officer Tellez continued to explain two undocumented cases where he observed minors being served at the restaurant. Mr. Mike Eggars, was sworn, and stated he is the general manager. Mr. Eggars explained the training procedures for Bennigan's. Mr. Eggars stated the policy prior to the 1987 violation was to card anyone under 30 years of age. Since the violation in December, the carding policy is now to card everyone without exception. Applicant's Exhibits 1-6 were submitted and identified as follows: Applicant's Exhibit 1: Employee handout on liquor laws 2: Quiz given to employees on liquor laws 3: Button that employees wear while on duty 4: Reminder card for employees to carry 5: Sign posted on the premises which states ID required 6: Comment cards Mr. Eggars went on to say that the employees will be required to attend the classes conducted by Officer Tellez. Authority member Veazie commended the establishment's new policy. He then made a motion to issue a letter of reprimand. THE MOTION DIED DUE TO LACK OF A SECOND. Authority member Veazie made a motion, seconded by Authority member Spaulding, to issue a one day suspension within the next 30 business days at the convenience of the owner and that the premises be posted. Yeas: Bullard, Spaulding, and Veazie. Nays: Poncelow. Authority member Poncelow stated she would like to have closed the establishment on a specific day. Transfer of Ownership for Linden's. 214 Linden Mr. Tom Short, co-owner, explained a new corporation has been formed as the owner of Linden's. He stated he is the president of the corporation and general manager. Mr. Short stated there will be no other changes. Authority member Veazie made a motion, seconded by Authority member Spaulding, to approve the transfer of ownership from S-3 Corporation to King Biscuit Corporation, dba Linden's, 214 Linden. Yeas: Bullard, Poncelow, Spaulding, and Veazie. Nays: None. -4- • ' May 18, 1988 Final Hearing for a 3.2% off -premise Fermented Malt Beverage License for PDQ, 1037 Conifer Mr. David Savich, was sworn, and stated he is one of the corporate officers for PDQ. He submitted Applicant's Exhibit A and identified it as documents used in the training process. He went on to explain the training procedures used by the company. Mr. Savich stated there have been no violations in any store in Colorado. He added that he has contacted Officer Tellez to schedule some training classes for the employees. Applicant's Exhibit B was submitted and identified as a letter of support. Mr. Savich noted that a manager will be registered with the City at the time the store opens. Mr. Max Scott, owner of Oedipus, was sworn and stated his company was retained to conduct the neighborhood survey. Applicant's Exhibit C1 was submitted and identified as the summary report of the survey. Applicant's Exhibits C2-5 were submitted and identified as the petitions circulated on behalf of the application. It was noted for the record that the Authority received a letter of protest from a resident in the neighborhood claiming that the needs are currently being met. Mr. Donald Schlagel, 1131 North Lemay Avenue, was sworn and stated he is a resident of the neighborhood. He stated he opposes the license on the basis that the needs of the neighborhood are currently being met. Authority member Bullard inquired as to why the 100% stockholder, PDQ Food Stores, Inc., was not investigated. Mr. Savich explained that the corporation applying for the license (PDQ Food Stores of Colorado, Inc.) has been approved by the State of Colorado on the master file letter system. He also noted that no other municipality has required the background of Mr. Sam .lacobsen, which is the sole shareholder of PDQ Food Stores, Inc. Assistant City Attorney offered to get an opinion from the Attorney General's Office or the Department of Revenue to see whether an investigation should be required on Mr. Jacobsen. Steve suggested the Authority can conditionally approve the license. Authority member Veazie made a motion, seconded by Authority member Poncelow, to approve the 3.2% fermented malt beverage license contingent upon the approval of the 100% stockholder. Yeas: Bullard, Poncelow, Spaulding, and Veazie. Nays: None. Authority member Veazie made a motion, seconded by Authority member Spaulding, to approve the final resolution as presented with the same condition. Yeas: Bullard, Poncelow, Spaulding, and Veazie. Nays: None. (Secretary's Note: One item under Other Business was taken out of order and discussed at this time.) -5- May 18, 1988 Wine Cellar Mr. John Dowd, owner of the Wine Cellar, explained that at the April 27 special meeting of the Liquor Licensing Authority, his establishment received a one day suspension of his license. He went on to explain that it was confusing as to when the one day suspension had to be served. Because the month of May is a busy month at the restaurant, Mr. Dowd requested that he be given an extension to serve the suspension. The Authority stated they would be willing to grant an extension in these circumstances. The Authority also directed staff to clarify the form letter to make it clear when suspensions have to be served. Authority member Veazie made a motion, seconded by Authority member Spaulding, to grant an extension to the Wine Cellar to serve their one day suspension. Yeas: Bullard, Poncelow, Spaulding, and Veazie. Nays: None. Final Hearing for a Beer and Wine license for La Madrina Pizzeria, 3307 South College Avenue Ms. Patricia Knipple, was sworn, and stated she and her husband are applying for a beer and wine license. Applicant's Exhibit 1 was submitted and identified as the petitions which were circulated on behalf of the application. Ms. Knipple stated the business is already open and several customers have requested either beer or wine with their food. She stated it is estimated that 1-2% of their sales will be in alcoholic beverages. Ms. Knipple stated their children will be employed in the restaurant. In response to a question by the Authority, Ms. Knipple stated 162 signatures were collected. She noted that her family will be attending Officer Tellez' class. She spoke briefly of how the liquor sales will be handled. Authority member Veazie made a motion, seconded by Authority member Spaulding, to approve the beer and wine license for La Madrina Pizzeria, 3307 South College Avenue. Yeas: Bullard, Poncelow, Spaulding, and Veazie. Nays: None. Authority member Poncelow made a motion, seconded by Authority member Veazie, to approve the final resolution as presented. Yeas: Bullard, Poncelow, Spaulding, and Veazie. Nays: None. Final Hearing for a 3.2% on -premise Fermented Malt Beverage License for Match -Ups. 625 South Mason Mr. Mike Liggett, attorney representing the applicant, submitted Applicant's Exhibit 1 which was identified as the petitions circulated on behalf of the application. He stated 226 signatures signed in favor of the license. 10 0 May 18, 1988 Mr. Kevin Archer, was sworn, and stated he is part-owner of the business. Mr. Archer spoke of the operations and training. He stated that he will be responsible for the daily operations. Mr. Archer stated their policy is to check anyone under the age of 30 years old. He added that his employees will be required to attend Officer Tellez' class. Mr. Liggett explained that this license was previously held by J. Watson's. He went on to explain that the business was purchased through the SBA and noted that the previous owner's were uncooperative in agreeing to transfer the license. Therefore, a new application for license was filed. Authority member Poncelow made a motion, seconded by Authority member Veazie, to approve the 3.2% fermented malt beverage license for Match -Ups, Inc. dba Match -Ups, 625 South Mason. Yeas: Bullard, Poncelow, Spaulding, and Veazie. Nays: None. Authority member Spaulding made a motion, seconded by Authority member Poncelow, to approve the final resolution as presented. Yeas: Bullard, Poncelow, Spaulding, and Veazie. Nays: None. Ad.iournment Authority member Spaulding made a motion, seconded by Authority member Bullard, to adjourn. The Chairman put the motion to vote which was unanimously adopted. The meeting was adjourned at approximately 10:30 p.m. AA n I Chairman Secretary -7-