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HomeMy WebLinkAboutLiquor Licensing Authority - Minutes - 06/18/1986LIQUOR LICENSING AUTHORITY Regular Meeting - June 18, 1986 7:30 p.m. A regular meeting of the Liquor Licensing Authority was held on Wednesday, June 18, 1986, in the Council Chambers of the City of Fort Collins Municipal Building. The following members were present: Acott, Bullard, Monaghan, Morgan, Spaulding, and Veazie. (Secretary's Note: Authority member Monaghan arrived approximately 7:40 p.m.) Authority Members Absent: Sommermeyer. Staff Members Present: Jim Broderick, Police Department Debbie Caster, City Clerk's Office Paul Eckman, City Attorney's Office Minutes of the Regular Meeting of May 21, 1986, Approved as Published Authority member Acott made a motion, seconded by Authority member Spaulding, to approve the minutes of the regular meeting of May 21, 1986, as published. Yeas: Acott, Bullard, Morgan, Spaulding and Veazie. Nays: None. Special Events Permit - Liquor Colorado Vocational Association - August 7. 1986 Mr. Lloyd Lawson, executive director of the Association, stated this is the third year they have held this event. Mr. Lawson explained how ticket sales are handled and the process for checking ID's. Authority member Spaulding made a motion, seconded by Authority member Acott, to approve the special events permit for Colorado Vocational Association on August 7, 1986. Yeas: Acott, Bullard, Morgan, Spaulding, and Veazie. Nays: None. Special Events Permit - 3.2% Holy Family Church - July 11, 12, and 13, 1986 Mrs. Linda Manzaneres, representative from Holy Family Church, stated they are requesting a special events license for their annual fund raiser for the Church. She explained that ID's will be checked and all liquor will be consumed on the church premises. Mrs. Manzaneres stated there have been no problems in the past. June 18, 1986 Authority member Bullard made a motion, seconded by Authority member Veazie, to approve the special events permit for Holy Family Church on July 11, 12, and 13, 1986. Yeas: Acott, Bullard, Monaghan, Morgan, Spaulding, and Veazie. Nays: None. Transfer of Ownership Handi Pak, 1311 North College Avenue Mr. Harley Pickett, part owner, stated he and his wife are requesting the transfer of the beer license. He spoke briefly of a previously held beer license in Akron, CO. He stated he is familiar with the beer laws and has never had any violations. Mr. Pickett stated that there will be no change in operation of the convenience store. He stated that he and his wife will be the managers of the store. It was noted that Mr. Pickett was arrested on an assault charge in May of 1979 and arrested on an assault and disturbing the peace charge in December of 1979. Detective Broderick noted in his report that neither incident was revealed in his interview. Mr. Pickett stated that he feels his temper has calmed down since that time and assured the Authority that he could handle any mishap today in a responsible manner. With respect to the interview, Mr. Pickett stated these incidents simply slipped his mind. He added that he was not trying to hide anything. Authority member Veazie stated that he feels Mr. Pickett's background does not prove bad moral character. Authority member Monaghan agreed and stated the beer license will involve a highly regulated business. He asked that Mr. Pickett cooperate with the intent and spirit of the statutes to the best of his ability. Authority member Spaulding made a motion, seconded by Authority member Veazie, to approve the transfer of the beer license from Virginia Hibdon and Patricia Brew to Harley and Bonnie Pickett. Yeas: Acott, Bullard, Monaghan, Morgan, Spaulding, and Veazie. Nays: None. Transfer of Ownership Farmer's Inn. 2900 Harvard Authority member Bullard abstained from participating on this item and left his chair. For the record, Mr. Bullard stated a partner of his law firm at one time represented the transferor of the business but not with respect to the license. Mr. Doug Konkel, attorney representing the applicant, submitted two character references on Mr. James Gregory. He stated the applicants are requesting to change the trade name and transfer the ownership of the license. Mr. Konkel explained the ownership of each corporate officer and stated that Jack Carney will be the manager of the establishment. He stated Mr. Carney is familiar with the liquor laws and has had previous -2- • June 18, 1986 management experience. Two other corporate officers, Vincent and Cecil Vigil, hold two other liquor licenses in LaSalle and Windsor. Mr. Konkel stated the owners have been operating the business under a management agreement. Mr. Konkel briefed the Authority on the statutes with regard to good moral character and spoke of previous case law. Mr. James Gregory was called to testify on his behalf regarding the incidents which were revealed from the police report at the May hearing. Mr. Gregory spoke briefly of his background. He stated he currently is employed by Flatiron Paving Company as a superintendent. Mr. Gregory stated he will not have active management in the restaurant and stated he became a stockholder as an investment for his family. He stated he is now married and has two children. Mr. Gregory stated his prior arrests for DUI and theft were mistakes in his past and stated that he feels there have been substantial changes in his lifestyle. He explained that he feels his children have brought on a sense of responsibility to his life. Assistant City Attorney Paul Eckman stated the task before the Authority is to determine whether the applicant in question has been rehabilitated and is of good moral character at this time. Mr. Konkel stated none of the corporate officers have any convictions on their record. Authority member Monaghan stated he feels that Mr. Gregory is perhaps guilty of poor judgement in the past but is not guilty of poor moral character. Authority member Acott inquired if there have been any prior liquor violations on the two other licenses held by Vincent and Cecil Vigil. Mr. Vigil replied there have been no violations. Authority member Veazie made a motion, seconded by Authority member Spaulding, to approve the transfer of the liquor license from Elizabeth J. Robinson to VCG, Inc. and approve the change in trade name from Senor Thomas Mexican Restaurant to Farmer's Inn. Yeas: Acott, Monaghan, Morgan, Spaulding, and Veazie. Nays: None. Abstain: Bullard. Expansion of Premises for Farmer's Inn. 2800 Harvard Mr. Doug Konkel, attorney representing the applicant, stated the applicants have modified their premises to increase the square footage from 106 to 140. The modification occurred by rearranging the existing space. He added that there have been no structural changes made other than to the restrooms. Authority member Veazie made a motion, seconded by Authority member Acott, to determine that the expansion is not substantial and to approve the -3- June 18, 1986 request to expand the premises. Yeas: Acott, Monaghan, Morgan, Spaulding, and Veazie. Nays: None. Abstain: Bullard. ion of Premises for Mr. Scott Hudson, general manager, explained that they are planning to remodel the upper level. He stated they will remove the pool tables and install pizza ovens and keg coolers. Mr. Hudson stated the seating capacity would increase by 10 seats. Authority member Veazie made a motion, seconded by Authority member Spaulding, to determine that the expansion is not substantial and to approve the request to expand the premises. Yeas: Acott, Bullard, Monaghan, Morgan, Spaulding, and Veazie. Nays: None. New Application for a 3.2% Fermented Malt Beverage License (Class B) for Circle K. 949 S Taft Hill Road The boundaries as proposed by the Administration were as follows: North from the subject premises to Mulberry Street West from the subject premises to Rocky Rd. ext. S. to Elizabeth ext. W. to Overland Trail South from the subject premises to Prospect Road East from the subject premises to City Park ext S. to Bennett Rd. ext. E. to Shields Street No one was present to speak on behalf of the application. Authority member Veazie made a motion, seconded by Authority member Acott, to accept the new application, set the boundaries as proposed and set the final hearing for July 16, 1986. Yeas: Acott, Bullard, Monaghan, Morgan, Spaulding, and Veazie. Nays: None. Final Hearing for a 3.2% Fermented Malt onto /rlatt R1 fnr 7-Flovon iAnn 4znuf6 Mr. John Stavley, attorney representing the applicant, called his first witness, Jim Craig. Mr. Jim Craig,, district manager, briefly described the store's training program. Applicant's Exhibit A was submitted and identified as the training packet that each employee receives. He noted that employees of this store will be trained the same as all the other stores. Mr. Craig stated that their studies show that the neighborhood's needs are not currently being met and that customers will be drawn from the south area. Due to the different traffic flows, Mr. Craig explained that it is not unusual for their stores to be within close proximity of each other. -4- June 18, 1986 Mr. Robert A. Weaver, 1220 East Stuart, was sworn and stated he is a neighborhood resident. Mr. Weaver stated he does drink beer and feels there is a need in this neighborhood for the license. Ms. Cheryl Williams, store supervisor, was sworn and stated she is responsible for the seven stores in Fort Collins. Ms. William briefly reviewed the floor plan for the new store. She also explained the procedures for ID checking. In closing, Ms. Williams stated she feels there is a great need for the license at this store. Ms. Lancey Schaar, store manager, was sworn and stated she has been employed by Southland Corp. for 5 years. She explained the store's policy with respect to ID checking. Ms. Schaar stated several customers have already expressed the desire to have beer available. Ms. Brenda Rowe, office manager of Oedipus, Inc., was sworn and explained the procedures for the petition survey. Applicant's Exhibits B, C, D and E were submitted and identified as petitions. Applicant's Exhibit F was submitted and identified as the summary report of the petition survey. Based on needs and desires, 79% of the neighborhood signed in favor of the license. Ms. Rowe added that this is a good statistic for a 3.2% off -premise license. Authority member Veazie made a motion, seconded by Authority member Spaulding, to approve the license for 7-Eleven, 1600 South Lemay Avenue, contingent upon receipt by the City an acceptable fingerprint report from the CBI. Yeas: Acott, Bullard, Monaghan, Morgan, Spaulding, and Veazie. Nays: None. Final Resolution 7-Eleven. 2800 South College Avenue Authority member Veazie made a motion, seconded by Authority member Spaulding, to approve the final resolution as presented. Yeas: Acott, Bullard, Monaghan, Morgan, Spaulding, and Veazie. Nays: None. Police Report Detective Broderick stated he received a letter of complaint regarding noise from Linden's bar. Copies of the letter and Detective Broderick's response were provided for the Authority. Adjournment Authority member Veazie made a motion, seconded by Authority member Acott, to adjourn. The Chairman put the motion which was unanimously adopted. -5- June 18, 1986 The meeting was adjourned at approximately 9:05 p.m. -merman Cha rman