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HomeMy WebLinkAboutLiquor Licensing Authority - Minutes - 03/23/19880 0 LIQUOR LICENSING AUTHORITY MINUTES Regular Meeting - March 23, 1988 6:31 P. M. A regular meeting of the Liquor Licensing Authority was held on Wednesday, March 23, 1988, in the Council Chambers of the Fort Collins Municipal Building. The following members were present: Bullard, Cooper, Morgan, Poncelow, Sommermeyer, Spaulding, and Veazie. (Secretary's Note: Authority member Spaulding arrived at approximately 6:35 p.m. Authority member Veazie arrived at approximately 6:38 p.m.) Staff Member Present: Debbie Duval, 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 t 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 annrnvinn the mine,+e, ..r +I. New Applications (Boundary Hearings): Consider accepting a new application for a 3.2% fermented malt beverage license for PDQ Food Stores of Colorado, Inc., dba PDQ Food Stores, 1037 Conifer. b. Consider accepting a new application for a Beer and Wine license for The Egg & I Incorporated, dba The Egg & I, 2809 South College Avenue. c. Consider accepting a new application for a Hotel -Restaurant license for Paisano's of Ft. Collins, Inc., dba Valentino's Ristorante, 820 City Park Avenue. Authority member Poncelow made a motion, seconded by Authority member Morgan, to approve the Consent Calendar. Yeas: Bullard, Cooper, Morgan, Poncelow, and Sommermeyer. Nays: None. March 23, 1988 Transfer of Ownership Old Town Liquors. 238 East Mountain Avenue Mr. Ramsey Myatt, attorney representing the applicant, spoke briefly of the history of the establishment. He stated Vincent Chung, the applicant's husband, owned the establishment back in the 1970's in which numerous violation occurred under his ownership. In early 1980, the Authority at the time directed Mr. Chung to sell the business or stated his license •would be revoked. Since the sale of the business, Mr. Myatt explained that the license has changed hands several times and the value of the business has reduced dramatically. He stated Mrs. Chung intends to sell the business as soon as possible, but for financial reasons she desires to transfer the license to be able to build the business back up to what it was. The Chairman noted for the record that the Authority has been informed that all procedural requirements have been met and that the background investigation reports have been reviewed by the Authority. (Secretary's Note: Authority member Spaulding arrived at this time.) Mrs. Mary Chung, owner, was sworn and spoke of her business in Estes Park. She stated that she will be the general manager of record at this time. Mrs. Chung added that she has a general understanding of the liquor laws. It was noted that the employee currently working in the store has attended the city training class but to date, Mrs. Chung has not. Authority member Sommermeyer made a motion, seconded by Authority member Spaulding, to approve the transfer of ownership for Old Town Liquors, 238 East Mountain Avenue, from Tae Un Pang to Mary Choonja Chung. Yeas: Bullard, Cooper, Morgan, Poncelow, Sommermeyer and Spaulding. Nays: None. (Secretary's Note: Authority member Veazie arrived at this time.) Show/Cause Hearing for Johnny's Liauors, III West Prospect Mr. Roger Bulau, owner, stipulated to the violation. Authority member Veazie made a motion, seconded by Authority member Cooper, to determine that a violation did occur at Johnny's Liquors, III West Prospect, on December 4, 1987. Yeas: Bullard, Cooper, Morgan, Poncelow, Sommermeyer, Spaulding, and Veazie. Nays: None. Officer Ernie Tellez noted that the establishment has passed at least one other compliance check and indicated that the City Clerk's file show no violations have occurred under this ownership. Mr. Bulau, was sworn, and stated that an honest mistake was made and stated he did not feel it appropriate to offer any excuses. He noted, however, that the employee who sold the alcoholic beverage has been terminated. -2- 0 0 March 23, 1988 Mr. Bulau explained the policies regarding alcoholic beverage sales. He stated all employees are required to card for ID's for those looking under 21 years of age; confiscate any false ID's; and attend the city training class. Mr. Bulau noted that employees who confiscate false ID's are rewarded and that the Police Department is notified. In addition, he stated he has signs posted in the establishment as reminders to employees and customers of the laws regarding minors. Mr. Bulau testified that he purchases new identification guide booklets each year to keep himself and his employees up on the most current information. Lastly, Mr. Bulau explained to the Authority that he conducts his own spot compliance checks each month. He stated that he has not previously documented the date of his checks but will start keeping a record. The Authority commended Mr. Bulau on his thorough training policies. Authority member Cooper made a motion, seconded by Authority member Spaulding, to issue a letter of reprimand to Johnny's Liquors, 111 West Prospect. Yeas: Bullard, Cooper, Morgan, Poncelow, Spaulding, and Veazie. Nays: Sommermeyer. Show/Cause Hearing for Bennigan's. 2203 South College Avenue Officer Ernie Tellez explained that the cadet used in this check is out of town attending school until May. The City requested tabling the hearing to May 18 in order that the scout can be present. The Authority agreed to the continuance and noted that the applicant and their attorney have been notified. Other Business Comedy Works Detective Paul Landolt reported that the receipts obtained from the manager at the Comedy Works indicates they are meeting the food requirements. He stated, however, that the Authority needs to establish whether the calculations are accurate. He stated more food is available, such as a vegetable tray and added that sandwiches are prepared on the licensed premises. Assistant City Attorney Steve Roy read the definition of "meal" from the Colorado Liquor Code. Authority member Cooper stated he feels the establishment is not in compliance with the definition of food and suspects that the food requirement is not being met. He suggested scheduling a show/cause hearing to be able to establish the facts. -3- March 23, 1988 Authority members Veazie and Sommermeyer questioned whether the Authority can determine if the applicant is in compliance with the code since the issues are so marginal. The Authority would need to analyze the strict interpretation of the law vs. the intent of the law with respect to the definition of meal and also interpret whether door sales can be figured into the percent of food/liquor sales. Authority member Spaulding suggested that the Authority take no further action at this time. Authority member Cooper suggested that the matter be sent back to the Police Department for continual follow up to ensure that the establishment is not in violation of the liquor code. Fine in Lieu of Susoension Assistant City Attorney Steve Roy stated he is considering drafting a second ordinance for the Authority's review which will establishment that all monies received from fines be placed in the General Fund. He explained that the City controller and others around the State feel that under State statute the monies should go into the General Fund of the City and that his interpretation of creating a fund for the Liquor Licensing Authority is in the minority. Steve stated the Authority could forward both versions of the ordinances to City Council. Authority member Veazie made a motion, seconded by Authority member Spaulding, to recommend that the existing draft ordinance, the one whereby a fund is created for the the Liquor Licensing Authority, be considered by City Council at one of their upcoming meetings. Yeas: Bullard, Cooper, Morgan, Poncelow, Sommermeyer, Spaulding, and Veazie. Nays: None. Authority member Spaulding stated that the Authority could utilize the money to help incur costs by the Police Department in staffing the Liquor Licensing Authority. Authority member Bullard agreed that more emphasis needs to be place in the area of enforcement from the Police Department. PeoDle's Bar With respect to the alleged violation discussed at the February meeting, Paul Landolt reported that a jury trial has been set in Municipal Court, although the date is still unknown. Authority member Veazie made a motion, seconded by Authority member Sommermeyer, to determine probable cause and schedule a show/cause hearing on the matter to be heard on Wednesday, June 15, 1988. Yeas: Bullard, Cooper, Morgan, Poncelow, Sommermeyer, Spaulding, and Veazie. Nays: None. It was noted to the secretary that if there is request by the applicant's attorney to continue the hearing pending outcome of the jury trial that such continuance should be granted without prior consent by the Authority. -4- • March 23, 1988 Police Report Detective Paul Landolt stated conducted a spot compliance failed to pass: that on March 5, 1988, the Police Department check. The following nine establishments 1. Toddy's, 2601 South Lemay Avenue 2. Harmony Road 66, 4524 South College Avenue 3. Archer's, 3524 South Mason 4. Marriott Hotel, 350 East Horsetooth Road 5. Wine Cellar, 3400 South College Avenue 6. Red Lobster, 3301 South College Avenue 7. Sea Galley, 100 West Troutman Parkway 8. Farmer's Inn, 2721 South College Avenue Detective Landoll; also reported that a violation was found at Archer's, 3524 South Mason, the following week on March 12, 1988. Due to the number of hearings, the Authority decided to schedule a special meeting on Wednesday, April 27, at 6:30 p.m. Authority member Spaulding made a motion, seconded by Authority member Sommermeyer, to determine probable cause and schedule show/cause hearings for the above listed establishments (9) on April 27, 1988. Yeas: Bullard, Cooper, Morgan, Poncelow, Sommermeyer, Spaulding, and Veazie. Nays: None. Worksession with Police Department Police Chief Bruce Glasscock has prepared a written response to the Authority's concern with respect to the Police Department staffing level. It was decided to schedule a luncheon worksession with the Police Department prior to the April 20 meeting. Letter of Concern to Albertson's The Authority requested that a letter of concern be sent to Albertson's on Lemay Avenue regarding the incident which occurred on Super Bowl Sunday with a copy sent to Jean Yule, the citizen calling it to the Authority's attention. 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. -5- March 23, 1988 The meeting was adjourned at approximately 8:30 p.m. ( 7LA- man Secfetary IM