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HomeMy WebLinkAboutLiquor Licensing Authority - Minutes - 04/27/19880 LIQUOR LICENSING AUTHORITY MINUTES Special Meeting - April 27, 1988 6:30 P. M. A special meeting of the Liquor Licensing Authority was held on Wednesday, April 27, 1988, in the Council Chambers of the Fort Collins Municipal Building. The following members were present: Bullard, Morgan, Poncelow, Sommermeyer, Spaulding and Veazie. Authority Members Absent: Cooper. Staff Members Present: Debbie Duval, City Clerk's Office Paul Landolt, Police Department Steve Roy, City Attorney's Office Renewal of a Hotel -Restaurant license Jefferson Street Station, 200 Jefferson Staff informed the Authority that the liquor license at this establishment has been inactive for approximately one year. Mr. Jim Madden, real estate broker representing the owners of the Jefferson Street Station, stated a new buyer is interested in purchasing the business, and it is necessary to renew the license in order to transfer it to the new owner. He stated the purchase, if completed, would occur in August. Mr. Madden stated that if the license should remain inactive for another year, he understands that the Authority may not renew it another time. Authority member Veazie made a motion, seconded by Authority member Sommermeyer, to renew the hotel -restaurant license for Jefferson Street Station, 200 Jefferson. Yeas: Bullard, Morgan, Poncelow, Sommermeyer, and Veazie. Nays: None. Abstain: Spaulding. Show/Cause Hearing for Farmer's Inn. 2721 South College Avenue Jack Carney, owner, requested that the scout come forward to testify as to her age. Missy Hanson, police scout, was sworn and stated she was 19 years old on the day of the violation, March 5, 1988. Mr. Carney stipulated to the violation. He noted that the scout was dressed differently the evening of the violation. April 27, 1988 Authority member Veazie made a motion, seconded by Authority member Sommermeyer, to determine that a violation did occur on March 5, 1988, at Farmer's Inn, 2721 South College Avenue. Yeas: Bullard, Morgan, Poncelow, Sommermeyer, Spaulding, and Veazie. Nays: None. Mr. Carney stated he has never had a violation occur under his ownership. He added that he feels it was human error on the part of his employee. Mr. Carney explained that he instructs his employees to card those 35 years and younger. Officer Ernie Tellez, was sworn, and stated this is a first-time offense for the owner and recommended that the Authority issue a letter of reprimand. At the request of the Authority, Officer Tellez produced a photo of the scout taken the evening of the violation. Authority member Spaulding made a motion, seconded by Authority member Poncelow, to issue a letter of reprimand. Yeas: Morgan, Poncelow and Spaulding. Nays: Bullard, Sommermeyer and Veazie. THE MOTION FAILED. Authority member Sommermeyer made a motion, seconded by Authority member Veazie, to levy a one day suspension to be served within the next 30 business days at the convenience of the owner and that the premises be posted. Yeas: Bullard, Morgan, Sommermeyer and Veazie. Nays: Poncelow and Spaulding. Authority member Veazie commended the owner on his excellent record but added that he did not feel a letter of reprimand would be strict enough. Show/Cause Hearing for Harmony Road 66, 4524 South College Avenue The applicant was not present or represented by counsel. Paul Landolt, was sworn, and stated he is a detective with the Fort Collins Police Department assigned to liquor licensing enforcement. Detective Landolt described the events which took place regarding the purchase of alcohol by police scout Laurie Fleming. At the time the detective entered the establishment to issue a summons, Detective Landolt testified that the employee, known as Michael Wiebl, said "....I knew I should have carded her." Laurie Fleming, police scout, was sworn and stated she was 17 years old on the day of the violation, March 5. It was noted that she turned 18 on March 17. Ms. Fleming stated that the employee did not ask her for any identification. She also noted that she had no identification on her since she had given it to Detective Landolt. Authority member Veazie made a motion, seconded by Authority member Sommermeyer, to determine that a violation did occur at Harmony Road 66, &Z 0 0 April 27, 1988 4525 South College Avenue, on March 5, 1988. Yeas: Bullard, Morgan, Poncelow, Sommermeyer, Spaulding, and Veazie. Nays: None. Detective Landolt gave no recommendation for sanction. He noted, however, that this is the establishment's first violation. Authority member Spaulding made a motion to levy a one day suspension for the violation and an additional one day suspension for failure to appear at the hearing. THE MOTION DIED DUE TO LACK OF A SECOND. Authority member Spaulding made a motion to levy a two day suspension. THE MOTION DIED DUE TO LACK OF A SECOND. Authority member Sommermeyer made a motion to levy a two day suspension to be served on a Saturday and Sunday within the next 30 business days at the convenience of the owner and that the premises be posted. THE MOTION DIED DUE TO LACK OF A SECOND. Authority member Poncelow made a motion, seconded by Authority member Morgan, to levy a one day suspension to be served within the next 30 business days at the convenience of the owner and that the premises be posted. Yeas: Morgan and Poncelow. Nays: Bullard, Sommermeyer, Spaulding and Veazie. THE MOTION FAILED. Authority member Veazie made a motion, seconded by Authority member Sommermeyer, to suspend the license within the next 30 business days on a Friday evening starting at 5:00 p.m. and continuing through the following Saturday at midnight, and ordered that the premises be posted. Yeas: Bullard, Morgan, Poncelow, Sommermeyer, Spaulding, and Veazie. Nays: None. Show/Cause Hearing for Marriott Hotel, 350 East Horsetooth Road Craig Campbell, resident manager, was sworn. Heather Ramey, assistant manager, was also sworn. Mr. Campbell stipulated to the violation. James Van Hook, police scout, was sworn and stated he is 19 years old. He added that he did in fact purchase an alcoholic beverage on March 5, 1988, at the Marriott Hotel. Authority member Veazie made a motion, seconded by Authority member Spaulding, to determine that a violation did occur on March 5, 1988, at the Marriott Hotel. Yeas: Bullard, Morgan, Poncelow, Sommermeyer, Spaulding, and Veazie. Nays: None. Ms. Ramey stated she was the employee who served the police scout. She stated she offered her resignation to her employer but it was declined. Applicant's Exhibit A was submitted and identified as written procedures which have been prepared since the violation in order to have better -3- April 27, 1988 control of the alcoholic beverage sales. Ms. Ramey also stated that identification booklets have been obtained and will be used in training employees on acceptable ID's. Applicant's Exhibit B was submitted and identified as hotel security incident reports. Ms. Ramey explained that the police are notified of problems which occur at the hotel. It was noted that employees have attended the training sessions offered by the City. Mr. Campbell stated the hotel has had one other violation for sale to a minor in 1987. In response to some questions by the Authority, Ms. Ramey stated the scout was seated at the bar lounge and that some empty glasses were in front of him. She stated this made her assume the individual had been carded and served previously. Detective Landolt gave no recommendation for sanction. Authority member Sommermeyer stated he felt it was reasonable to assume the scout has been previously carded and served and made a motion to issue a letter of reprimand. THE MOTION DIED DUE TO LACK OF A SECOND. Authority member Morgan noted that this is the establishment's second violation within a one-year period. Authority member Poncelow made a motion, seconded by Authority member Morgan, to levy a two day suspension to be served within the next 30 business days at the convenience of the owner and that the premises be posted. Yeas: Bullard, Morgan, Poncelow and Spaulding. Nays: Sommermeyer and Veazie. Authority member Veazie commended the managers on their written procedures and stated he would be in favor of a one day suspension. Show/Cause Hearing for Red Lobster, 3301 South College Avenue Zachary Thomas, general manager, was sworn. Sohail Soloman, assistant manager, was also sworn. Mr. Thomas stipulated to the violation. Authority member Spaulding made a motion, seconded by Authority member Poncelow, to determine that a violation did occur on March 5, 1988, at Red Lobster, 3301 South College Avenue. Yeas: Bullard, Morgan, Poncelow, Sommermeyer, Spaulding, and Veazie. Nays: None. Mr. Thomas stated he was not working the evening of the violation and was very surprised when notified about the violation. He stated they contacted Officer Tellez the next day to conduct an in-house training session for their employees. He also noted that Red Lobster has its own training program that they use in training employees. Mr. Thomas stated this is -4- • 0 April 27, 1988 their first violation and explained they are strict in carding those who look under age. Mr. Soloman stated he was the manager on duty the evening of the violation. He explained that he made arrangements with Officer Tellez that same evening for a training session the following day. Officer Tellez, still under oath, stated both managers have been extremely cooperative and sincere in their efforts to prevent any future violations. He added that the Red Lobster has passed one other compliance check and has had no previous violations. Officer Tellez stated he would recommend a letter of reprimand be issued. Authority member Spaulding made a motion, seconded by Authority member Poncelow, to issue a letter of reprimand to the Red Lobster, 3301 South College Avenue. Yeas: Bullard, Morgan, Poncelow and Spaulding. Nays: Sommermeyer and Veazie. Show/Cause Hearing for Sea Galley, 100 West Troutman Parkwav Michael Wiemhoff, general manager, stipulated to the violation. Authority member Spaulding made a motion, seconded by Authority member Morgan, to determine that a violation did occur on March 5, 1988, at Sea Galley, 100 West Troutman Parkway. Yeas: Bullard, Morgan, Poncelow, Sommermeyer, Spaulding, and Veazie. Nays: None. Michael Wiemhoff, was sworn, and stated their policy is to check ID's if someone looks under the age of 30 years. He stated his bartender told him he felt the scout looked of age. Mr. Wiemhoff added, however, that he has seen the scout and feels the scout is clearly is of legal age to drink. He added there was no excuse for the violation. It was noted that this is the establishment's first violation. Officer Tellez, still under oath, stated that Sea Galley has passed one other compliance check. No recommendation for sanction was made. Authority member Spaulding made a motion, seconded by Authority member Poncelow, to issue a letter of reprimand. Yeas: Poncelow and Spaulding. Nays: Bullard, Morgan, Sommermeyer, and Veazie. THE MOTION FAILED. Authority member Sommermeyer made a motion, seconded by Authority member Morgan, to levy a one day suspension to be served within the next 30 business days at the convenience of the owner and that the premises be posted. Yeas: Bullard, Morgan, Sommermeyer, Spaulding, and Veazie. Nays: Poncelow. -5- April 27, 1988 Show/Cause Hearing for Toddy's Market, 2601 South Lemay Avenue Authority member Veazie abstained from voting on this matter and left his chair. Clyde Mares, store manager, stipulated to the violation. Authority member Morgan made a motion, seconded by Authority member Spaulding, to determine that a violation did occur on March 5, 1988, at Toddy's Market, 2601 South Lemay Avenue. Yeas: Bullard, Morgan, Poncelow, Sommermeyer, and Spaulding. Nays: None. Abstain: Veazie. Mr. Mares, was sworn, and stated the violation occurred 10 minutes prior to shift change. He explained the employee has been employed for approximately two years and is an excellent employee. He added that the employee is a high school student and was devastated over the violation. Mr. Mares stated he has reemphasized to his employees the importance in carding and stated he has used this mistake as an example for all employees. It was noted that this is the first violation for Toddy's. Detective Landolt, still under oath, stated the employee was very upset over the violation. He added that his parents even visited the Police Department because their son was distraught. There was no recommendation given for sanction. Authority member Morgan made a motion, seconded by Authority member Sommermeyer, to levy a one day suspension to be served within the next 30 business days at the convenience of the owner and that the premises be posted. Yeas: Bullard, Morgan, Poncelow, Sommermeyer, and Spaulding. Nays: None. Abstain: Veazie. Show/Cause Hearing for Wine Cellar, 3400 South College Avenue Authority member Sommermeyer abstained from this matter and left his chair. John Dowd stipulated to the violation. Authority member Veazie made a motion, seconded by Authority member Morgan, to determine that a violation did occur on March 5, 1988, at the Wine Cellar, 3400 South College Avenue. Yeas: Bullard, Morgan, Poncelow, Spaulding, and Veazie. Nays: None. Abstain: Sommermeyer. John Dowd, owner, was sworn and stated his employees are conscientious and have attended the seminars conducted by the City. Applicant's Exhibit C was submitted and identified as the restaurant's policy on liquor laws. He stated the bartender on duty that evening has been removed from the Friday night shift. He added that the employee has since resigned. Mr. Dowd noted that it was extremely busy the evening of the violation and stated he feels the employee made the mistake under a lot of stress. sm U April 27, 1988 Detective Landolt, still under oath, stated the establishment has had one prior violation for sale to a minor in 1981. There was no recommendation given for sanction. Authority member Poncelow made a motion, seconded by Authority member Morgan, to levy a one day suspension to be served within the next 30 business days at the convenience of the owner and that the premises be posted. Yeas: Bullard, Morgan, Poncelow, Spaulding, and Veazie. Nays: None. Abstain: Sommermeyer. Show/Cause Hearing for Archer's 3425 South Mason Steve Frances, attorney, stated he is present to represent the licenseholder. He stated there is no stipulation to the alleged violation. Officer Ernie Tellez, still under oath, described the events which took place with respect to the scout purchasing an alcoholic beverage. Applicant's Exhibits D and E were submitted and identified as two photographs of the police scout, James Van Hook. Officer Tellez testified that he sampled a taste of the drink in which the scout was served and stated it was clearly an alcoholic beverage. James Van Hook, police scout, was sworn and gave a narrative of the events which happened the evening of March 5 at Archer's. Mr. Van Hook noted that he was not asked for any identification and was served a rum and coke. Missy Hanson, police scout, was sworn and stated she entered the establishment with James Van Hook. She stated she was not asked for identification and witnessed the waitress serve a rum and coke to scout Van Hook. Gregory Higginbotham, was sworn and stated he was the doorman employed at Archer's the evening of March 5, 1988. He noted that he is no longer working at Archer's. Mr. Higginbotham testified that he required an identification of everyone that evening. He went on to explain that he recalls James Van Hook entering the bar with two other individuals. Mr. Higginbotham testified that Mr. Van Hook produced a picture ID, possibly a South Dakota ID. He stated, however, that the description (height and weight) seemed to match. He stated he is certain he carded Mr. Van Hook for an ID. Officer Tellez cross-examined Mr. Higginbotham. Mr. Higginbotham stated he does not remember Missy Hanson. Ron Brown, was sworn and stated he was present in the establishment the evening of March 5. Mr. Brown stated he was at the door promoting the SID family relief fund. He testified that he observed Mr. Higginbotham card patrons as they entered that evening. He stated he did not feel he distracted Mr. Higginbotham from his duties. -7- April 27, 1988 During cross-examination, Mr. Brown stated he does not remember Missy Hanson. Ms. Kim Payne, was sworn and stated she was a waitress on duty the evening of March 5. She described the bar as extremely busy that evening and noted it was her second day at work. Ms. Payne admitted to serving James Van Hook a drink. She stated a girl accompanied Mr. Van Hook but stated she could not see her face. She explained that the reason she served Mr. Van Hook was because she assumed the doorman had checked for ID at the door. Ms. Windlyn Mason, was sworn and stated she was the acting manager on duty that evening. Ms. Mason stated it was a very busy evening and that approximately three employees were on duty. She testified that they instruct the doormen to card everyone at the door. Ms. Mason stated she saw three individuals enter the door, one being scout Van Hook and two other girls. She stated she does not remember Missy Hanson. James Van Hook, police scout still under oath, testified that Missy Hanson was directly in front of him when they entered Archer's. He stated the doorman took their money for the cover charge but asked for no ID. Missy Hanson, police scout still under oath, testified that scout Van Hook paid for the cover charge when entering the establishment. She stated no ID was asked for at the door or when the drink order was placed with the waitress. Mr. Frances recalled Greg Higginbotham to the podium. Mr. Higginbotham stated there is no doubt it was Mr. Van Hook that entered the bar. He added that Mr. Van Hook produced an out of state identification. Each party gave their closing argument. Authority member Poncelow made a motion, seconded by Authority member Spaulding, to determine that a violation did occur on March 5, 1988, at Archer's, 3425 South Mason. Yeas: Bullard, Morgan, Poncelow, Sommermeyer, Spaulding, and Veazie. Nays: None. Authority member Spaulding noted that the police scouts do not use false ID's. Authority member Sommermeyer stated that the doorman did not recognize Missy Hanson and the reason may be because she was not carded. Authority member Poncelow stated that perhaps Mr. Higginbotham was distracted by other incidents. Authority member Bullard stated, although no ill motive is involved, he feels the employee's at Archer's are mistaken. Authority member Spaulding made a motion to issue a letter of reprimand to Archer's. THE MOTION DIED DUE TO LACK OF A SECOND. Authority member Sommermeyer retried the motion, seconded by Authority member Spaulding, to issue a letter of reprimand to Archer's, 3524 South 10 April 27, 1988 Mason. Yeas: Bullard, Poncelow, Sommermeyer, Spaulding, and Veazie. Nays: Morgan. Other Business A note was made to remind the Authority that the date of the next meeting has been changed from May 18 to Thursday, May 19, at 6:30 p.m. Authority member Morgan stated he has accepted a position with the City and would be submitting his resignation prior to the next meeting. Adjournment Authority member Sommermeyer made a motion, seconded by Authority member Morgan, to adjourn. The Chairman put the motion to vote which was unanimously adopted. The meeting was adjourned at approximately 10:25 p.m. Chairman Secretary EN