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HomeMy WebLinkAboutLiquor Licensing Authority - Minutes - 11/16/19770 r Liquor Licensing Authority November 16, 1977 Regular Meeting - 7:30 p.m. A regular meeting of the Liquor Licensing Authority was held on Wednesday, November 16, 1977, at 7:30 p.m, in the Council Chambers of the City of Fort Collins Municipal Building. Roll call was answered by the following members: Bean, Long and Seegmiller. Absent: Renz and Wilson. Staff members present: Sgt. Mason, Police Department Wanda Krajicek, Deputy City Clerk Also: Assistant City Attorneys Joe Carroll and Lucia Liley. Secretary's note: Liley arrived at 7:45 p.m. Minutes of the regular meeting of October 19, 1977, approved as published. Authority member Long made a motion, seconded by Authority member Bean, to approve the minutes of the regular meeting of October 19, 1977 as published. The Chairman put the motion which was unanimously adopted. Renewal of a Retail Liquor Store license for Michael D. and Paulette Wolf dba Ace Liquors, 200 E. Mountain, approved - letter of warning to be written by the City Attorney. Chairman Seegmiller expressed the concern of the Authority that this location has been a source of problems in the past. Authority member Long made a motion, seconded by Authority member Bean, to approve the renewal application for the Retail Liquor Store license for Ace Liquors, 200 E. Mountain and to direct the City Attorney to write a letter of warning to the licensee. The Chairman put the motion which was unanimously adopted. Renewal of licenses for the outlets listed below, approved. These are routine renewal applications and the Police Department recommends approval of their renewal. Authority member Bean made a motion, seconded by Authority member Long, to approve the renewal applications of: November 16, 1977 A. Retail Liquor Store licenses for: 1. South College Liquors, 2724 S. College Ave. 2. Campus West Liquor Store, 1107 City Park Ave. 3. Aggie Discount Liquors, 429 Canyon Ave. B. Tavern Licenses for: 1. Gene's Tavern, 200 Walnut 2. Pagoda Ent., 1002 N. College C. Tavern or Hotel -Restaurant license with extended hours for: 1. Monte Carlo Lounge, 830 N. College Ave. 2. Horsetooth Lanes Tack Room, 217 Horsetooth Rd. 3. Catacombs, 115 S. College Ave. 4. Lucky 7, 1201 N. College Ave. D. 3.2%, Fermented Malt Beverage licenses for: 1. Handi-Pak, 1325 N. College Ave. 2. Round -the -Corner, 101 W. Swallow 3. Shop 'n Go Market, 1330 W. Elizabeth 4. Shop 'n Go Market, 802 S. College Ave. The Chairman put the motion which was unanimously adopted. The Chairman read the hearing procedure at length for both of the following final hearings. Final hearing on a Beer and Wine License submitted by RCP Enterprises, dba The Goode Taste Crepe Shoppe, 400 E. Olive, Resolution setting forth the findings of the Preliminary Hearing, adopted. The resolution was read by title only since a complete copy had been furnished to the Authority members with the agenda. RESOLUTION OF THE LIQUOR LICENSING AUTHORITY OF FORT COLLINS SETTING FORTH FINDINGS ON A PRELIMINARY HEARING ON A.BEER AND WINE LICENSE APPLICATION WHEREAS, heretofore, Richard'C. Peterson, Sr, and Richard C. Peterson, Jr., doing business as The Goode Taste Crepe Shoppe, made application to the Liquor Licensing Authority for a Beer and Wine License; and - 2 - 0 0 November 16, 1977 WHEREAS, the Liquor Licensing Authority has received reports concerning such applications, and has held a prelim- inary hearing on such application as provided in Rule 3 of the Rules of Procedure of the Liquor Licensing Authority. NOW, THEREFORE, BE IT RESOLVED BY THE LIQUOR LICENSING AUTHORITY OF THE CITY OF FORT COLLINS, that the Authority hereby makes the following preliminary findings and determin- ations concerning this application, subject to the right of any party in interest to present further evidence concerning any of such findings and determinations at the hearing to be held on this application on the 16th day of November, 1977: 1. That the subject premises are proper premises under the ordinances of the City of Fort Collins and the laws of the State of Colorado to be licensed for the sale of liquor as applied for by the applicant. 2. That the boundaries of the neighborhood to be served by this applicant are as follows: South from the subject premises to Prospect; west from the subject premises to Shields; north from the subject premises to Vine Drive; east from the subject premises to Lemay, following north along the City limits to northern boundary. 3. That the necessary notice of hearing by publication and by posting of the premises has not been given as provided by law, and the Authority has directed the City Clerk to accomplish said notice prior to the hearing date. 4. That the applicant is qualified under the ordinances of the City and the laws of the State for the license applied for. z November 16, 1977 5. That the application is in proper form. However, not all documentation has been provided in conjunction with the application, and if all necessary documentation has been provided in a timely fashion, the application will be heard by the Authority on November 16, 1977. Passed and adopted at a regular meeting of the Liquor Licensing Authority held this ATTEST: City Clerk 16th day of November, 1977. Cha rman �1 Authority member Long made a motion, seconded by Authority member Bean, to adopt the resolution. The Chairman put the motion which was unani- mously adopted. David Bye, attorney for the applicant stated that the file was not complete in that signed copies of the partnership agreement and lease, several reference letters, and a signed and recorded copy of a trade name affidavit had not yet been furnished by the applicant. He asked that the Authority proceed at this time and if approved, the approval be subject to completion of the file. Mr. Bye called as his first witness Mr. Richard C. Peterson, Jr., 1114 Wood- ford, who was duly sworn before giving testimony. Mr. Peterson stated that his father, Richard C. Peterson, Sr., 33 McIntosh, Clarendon Hills, IL, was the other partner in the partnership to be known as RCP Enterprises. Mr. Peterson, Jr. stated that he would be doing the actual management of the busi- ness and testified as to the nature of two convictions on his record. The first was a possession of marijuana conviction in September, 1970, at age 21, which was a felony in Illinois at that time; and the second was a possession of marijuana conviction in Ozona, TX in August of 1971 at age 22. He stated that since then he had not been convicted of any crimes and then testified as to his educational background and work experience in the restaurant business. He described in detail the financial arrangements relative to this business, and described the structure of the facility in which it would be housed. He then testified in regard to the menu that would be available and the reasons for their application for a Beer and Wine license (i.e., as a compliment to the menu). Mr. Peterson noted that the building is owned by Tom and Nancy Stegner, but is under contract to his brother-in-law and that the closing date for the sale is December 1. He will, in turn, lease the premises from his brother-in-law. He stated that he is buying a franchise from the Goode Taste - 4 - • November 16, 1977 • Crepe Shoppe, Inc. of Steamboat Springs, CO, and that his restaurant will provide cuisine unique to the neighborhood and the City of Fort Collins. Menus from The Goode Taste Crepe Shoppe in Steamboat Springs were presented and marked as applicant's exhibits A and B. Mr. Peterson stated that his menus would be similar and that a similar operation would prevail. Mr. Bye then questioned Mr. Peterson as to his knowledge of the liquor laws. Mr. Bye presented a petition marked as applicant's exhibit C, which was cir- culated by Mr. Peterson. Mr. Bye called William S. Dixon, 1114 Woodford, who was duly sworn before giving testimony. A petition marked applicant's exhibit D, which was circu- lated by Mr. Dixon, was presented. Mr. Bye called Marshall Saulman, 2837 Summerville, who was duly sworn before giving testimony. A petition marked as exhibit E, circulated by Mr. Saulman, was presented. Debra K. Wright, 2837 Summerville, was called next and duly sworn before giving testimony. A petition marked as exhibit F and circulated by Ms. Wright, was presented. Mr. Bye called Charles H. Owens, 65 Spruce, Steamboat Springs, owner of the first Goode Taste Crepe Shoppe and president of the franchising firm, who was duly sworn before giving testimony. Mr. Owens testified in regard to the operation of his Crepe Shoppe in Steamboat Springs, to the type of patrons who frequent his establishment and to the percent of total sales that Beer and Wine represent, which he estimated to be 5%. He stated that his dinner business had increased approximately 30% within 7-10 days after he was granted a Beer and Wine license at his establishment in Steamboat Springs. He stated that his fran- chising firm would have control over the menu and management of the Fort Collins shop and would revoke the franchise and take the name away if, for any reason, the format was changed in a manner that they disapproved of. Mr. Bye informed the Authority that a total of 620 signatures had been presented on all the petitions presented. Mr. George Stovall, who resides at 2909 W. Mulberry and is a property owner at 200 Peterson, was duly sworn before giving testimony. Mr. Stovall presented a petition marked exhibit G and containing 14 signatures, that he circulated, representing a share of the residents of the neighborhood and 7 property owners in that vicinity. City Attorney Carroll admitted the petition and noted that the petition addressed problems of parking and traffic and stated that by law the only matters which the Liquor Licensing Authority are permitted to concern themselves with are the reasonable requirements of the neighborhood for the type of license for which application has been made. Matters of traffic and parking are not a consideration of the Liquor Licensing Authority and must be taken up through the Zoning Dept. Mr. Carroll asked Mr. Stovall to address his comments accordingly. - 5 - November 16, 1977 Mr. Stovall stated that there was no personal objection to the applicants or their character and that they were strictly against the location. Mr. Stovall presented copies of the original zoning modification or variance granted by the Zoning Department in August, 1970, that he had obtained from the City Clerk's office. City Attorney Carroll stated that the Liquor Licensing Authority could not consider these matters as to whether zoning requirements were met or as to whether parking requirements were met. He further noted that the licensee had to comply with all ordinances and requirements of the City of Fort Collins besides the Liquor Licensing Authority, and that before they began operation, they would need to comply in all ways. Mr. Stovall asked the Authority to consider the desires of the neighborhood when making their decision. Mr. Bye asked Mr. Stovall if he had any objection to the applicants or the character of their business and whether the objection was based on the Beer and Wine issue or on the fact that they would be operating at a larger volume than The Golden Pear. Mr. Stovall stated that he had never met the applicants so did not object to them personally, but that he did object to the serving of beer and wine at that location. A letter dated November 11, 1977, from Miss Ellen Scheidt was read into record by City Attorney Carroll: t 12JZ1 cu-R' In o CL - 6 - November 16, 1977 Wr IrL n 1 M V 1 0-6.p— GCTr cc. City Attorney Carroll informed the Authority of the requirements stated in Colorado Revised Statutes - Section 24-5-101, which speaks to the issue of persons of good moral character: - 7 - November 16, 1977 24-5-101 Government - State 48 24-5-101. Effect of criminal conviction on employment rights. Except as otherwise provided by section 4 of article XII of the state constitution, the fact that a person has been convicted of a felony or other offense involving moral turpitude shall not, in and of itself, prevent him from applying for and obtaining public employment or from applying for and receiving a license, certification, permit, or registration required by the laws of this state to follow any business, occupation, or profession. Whenever any state or local agency is required to make a finding that an applicant for a license, certifi- cation, permit, or registration is a person of good moral character as a condi- tion to the issuance thereof, the fact that such applicant has, at some time prior thereto, beep convicted of a felony or other offense involving moral turpitude, and pertirfent circumstances connected with such conviction, shall be given consideration in determining whether, in fact, the applicant is a person of good moral character at the time of the application. The intent of this section is to expand employment opportunities for persons who, not- withstanding that fact of conviction of an offense, have been rehabilitated and are ready to accept the responsibilities of a law-abiding and productive member of society. Nothing in this section shall require a public agency to employ a convicted felon if the agency concludes that the nature of his offense disqualifies him from such employment. A copy of the agency's conclusions shall be supplied to the applicant. He then informed the Authority that this section can be interpreted to mean that a felony conviction does not prevent the applicant in and of itself from holding the license and is simply a matter to be taken into consideration as to whether the applicant is of good moral character. Attorney Bye encouraged the Authority to approve the application on the basis of evidence presented, subject to the completion of the file. Mr. Stovall stated that he felt that the 600+ names on the petitions would be a low percentage of the area outlined on the boundary map. Authority member Bean made a motion, seconded by Authority member Long, to approve the application for a Beer and Wine license for RCP Enterprises dba The Goode Taste Crepe Shoppe, 400 E. Olive, subject to the completion of the file. The Chairman put the motion which was unanimously approved. Final hearing on a Class A, 3.2% Fermented Malt Beverage license application submitted by Parker and Treanor Associates dba U.S.S. Yellow Submarine West, Cedarwood Plaza, 1015 South Taft Hill Road. David Parker, 4006 Kern St., Timnath, CO, and Stephen C. Treanor, 2900 Greentree Circle, were duly sworn before giving testimony. They each gave information as to their background, education and work experience. November 16, 1977 • Mr. Parker stated that the requests of the patrons of their present down- town store were their main reasons for applying for a 3.2% license at their new store. He then gave a description of the proposed operation of the new store, its seating capacity and parking facilities. Mr. Parker submitted a petition that he had circulated which was marked as applicant's exhibit A. Mr. Treanor also submitted a petition that he had circulated which was marked as exhibit B. A petition which was circulated by an employee was denied ad- mission as the employee was not present. Mrs. Pam Treanor, 2900 Greentree Circle, was duly sworn before giving testimony and presented petitions that she had circulated, admitted as applicant's exhibit C. Mr. Carl Parker, 4006 Kern St., Timnath, CO was duly sworn and presented petitions that he had circulated, marked as exhibit D. Mr. Treanor stated that there were a total of 475 signatures on all the petitions presented. No opposing testimony was presented. Authority member Long made a motion, seconded by Authority member Bean to approve the application contingent upon completion of the file. The Chairman put the motion which was unanimously adopted. New application accepted for a Retail Liquor Store license from M. W. Kurtz and Shirley J. Kurtz dba Spring Creek Liquors, 1005 W. Stuart and hearing dates set. Mr. Gene Fischer, attorney for the applicant was present and stated that the hearing dates were acceptable to his client. Authority member Bean made a motion, seconded by Authority member Long, to set the preliminary hearing date for December 14 and the final hearing date for January 11, 1978, and to set the boundaries at the preliminary hearing. The Chairman put the motion which was unanimously adopted. Preliminary hearing on a Tavern license application submitted by Brookover, Inc., dba The Sundowner, 1029 South Taft Hill and boundaries for the area to be served set and adopted. The Administration recommended the fallowing boundaries: South from the subject premises to City limits; West from the subject premises to Overland Trail, following North along City limits to Mulberry Street; East from the subject premises to Shields Street. �Z November 16, 1977 Mr. Gene Timmermans, attorney for the applicant, stated that these boundaries were acceptable to his client. Authority member Long made a motion, seconded by Authority member Bean, to approve the boundaries as recommended by the Administration. The Chairman put the motion which was unanimously adopted. Hearing to show/cause for Reuben's Tavern, 214 Linden on two alleged violations. City Attorney Carroll noted that the renewal of the license does not come up until December 31, 1977; therefore, the two show/cause matters are the only matters to be considered and not the renewal. Incident of September 22, 1977: Mr. Andy Gavaldon, attorney for Mr. and Mrs. Reuben Ramirez, owners of Reuben's Tavern, noted that one of the alleged violations involves service after hours and that a member of the Authority, Dell Bean, was a witness to that violation. He raised the question to the propriety of Authority member Bean serving as both witness and decision maker. Mr. Bean stated that he had no objection to disqualifying himself. After discussion, Authority member Long made a motion, seconded by Authority member Bean to continue the show/cause hearing on the alleged violation occurring on September 22, 1977, to the meeting of December 14 at which time the renewal will also be considered. The Chairman put the motion which was unanimously adopted. Incident of October 8, 1977: City Attorney Joe Carroll noted that there was an error in Mr. Myatt's letter of October 27, 1977, to Mr. Ramirez in that the name of the employee should have been David C. Schwartz not Randolph Shea Huber as written. City Attorney Carroll called Officer Joe Clingan, Fort Collins Police Department, as the City's first witness. He gave testimony as to the events of the evening of October 8. Officer Clingan stated that he and Sgt. Haals went into Reuben's to effect a protective custody arrest of Vernie Valdez and that while there a patron, Randy Huber, made derogatory remarks to Officer Clingan, i.e., "those punks don't know what they're doing". Officer Clingan then took Mr. Valdez to the patrol car and returned to the bar to advise Mr. Huber of his feelings re- garding these remarks. Officer Clingan stated that while advising Mr. Huber, Mr. David C. Schwartz, the bartender, came up to them and in a loud voice told him that he had no business harassing his customers. Officer Clingan advised Mr. Schwartz to remain out of this as it was a police matter but Mr. Schwartz continued talking in a loud and abusive manner. Officer Clingan stated that as the discussion went on, the crowd interest grew and the crowd began to interject comments directed towards the officers. The officers decided that arresting Mr. Schwartz on an interference charge would cause more trouble than it was worth at that time so decided to come back at closing time. - 10 - • November 16, 1977 Mr. Gavaldon cross-examined Officer Clingan regarding the circumstances of the protective custody arrest of Mr. Vernie Valdez and questioned him ex- tensively about the events of the evening of October 8 relative to his con- frontation with Randy Huber and David Schwartz. City Attorney then called Officer James D. Warren, Fort Collins Police Dept., who was duly sworn before giving testimony. He gave testimony as to his in- volvement in the incident occurring October 8, 1977, at Reuben's. He stated that Officer Kyle talked to Vernie Valdez at about 9:42 p.m. and advised Mr. Valdez that he should not be served any more drinks and also advised the bar- tender, Mr. Schwartz of the same. Officer Warren stated that Mr. Valdez was told that if they came back to the bar in 10 minutes and he was still there, that he would be taken into protective custody. Officers Kyle and Warren then advised Sgt. Haals and Officer Clingan of Mr. Valdez' condition and Haals and Clingan went back to Reuben's some 20 minutes later to check to see if Mr. Valdez was still there. Officer Warren stated that he and Officer Kyle went back into the bar with Officer Clingan after Sgt. Haals and Clingan had removed Mr. Valdez from the bar. Officer Warren stated that he remained near the entrance while Kyle and Clingan talked with a subject seated on a bar stool, later to be identified as Randy Huber. Officer Warren then gave testi- mony regarding the confrontation between Officers Kyle and Clingan and Mr. Huber and Mr. Schwartz. Mr. Gavaldon cross-examined Officer Warren extensively relative to his in- volvement in the events occurring October 8, 1977, and as to what portion of the conversation between Officers Kyle and Clingan and Messrs. Huber and Schwartz that he was able to observe and hear. City Attorney Carroll called Officer James R. Kyle, Fort Collins Police Dept., as the City's final witness and he was duly sworn before giving testimony. Officer Kyle testified that on October 8, 1977, on a routine bar check, he observed Vernie Valdez in Reuben's Tavern in a very intoxicated, abusive state. He confronted Mr. Valdez and advised him that if his conduct continued, he could be arrested for harassment and further that he could finish his beer but was not to be served any more and that if he was in the area in the next 15-20 minutes, he could possibly be placed under arrest for protective custody. Officer Kyle advised the bartender, Mr. Schwartz, of the same. He stated that he then left the bar and returned some 30-40 minutes later to back up the other officers. Officer Kyle then gave testimony as to the confrontation between Officer Clingan and Mr. Huber and Mr. Schwartz. Mr. Gavaldon cross-examined Officer Kyle. To clarify, Officer Kyle stated that the previous contacts with Vernie Valdez referred to in one of the other officers' testimony (Officer Clingan) had been made nights prior to October 8, 1977, and not on the same evening. Mr. Gavaldon questioned Officer Kyle relative to Mr. Valdez' condition and as to the reasons he was not taken into protective custody at the initial contact. He also questioned him as to his involvement and observations in the conversation between Officer Clingan and Messrs. Huber and Schwartz and the other events occurring in Reuben's Tavern on October 8, 1977. City Attorney Carroll stated that the City had no further witnesses. November 16, 1977 Mr. Gavaldon stated that Mr. and Mrs, Ramirez know they are responsible for the actions of the employees of their bar and that they have a code of ethics regarding their employees behavior. That code is of the utmost cooperation with police officers and must be attained. He stated that since Mr. Schwartz was issued a citation, the Ramirez' have taken action to terminate Mr. Schwartz' employment as they feel he violated their code of ethics even before this issue is decided in court. He stated that as a result of these incidents, Mr. and Mrs. Ramirez have taken steps to change the operation of their bar to insure that incidents of this type will not happen again. City Attorney Carroll stated the specific violation the license holder was charged with: "No licensee or person shall by force or threat of force including any letter or communication threatening such force, endeavor to intimidate, obstruct or impede inspectors of the liquor enforcement division, their supervisors or peace officers exercising the duties under the provisions of this article. The term threat of force includes the threat of bodily harm to the officer or member of his family". He then stated that the questions of whether Vernie Valdez should have been taken home or whether Randy Huber's comment was proper are beside the point and that the question is whether Mr. Schwartz' conduct was proper under the circumstances. Authority member Bean made a motion, seconded by Authority member Seegmiller, that a violation did occur on October 8, 1977 at Reuben's Tavern, 214 Linden. The Chairman put the motion which was unanimously adopted. City Attorney Carroll noted that in the Liquor Licensing Authority minutes of May 4, 1977, a violation had occurred and that the Authority's determination was a 3-day suspended suspension on the basis that no further violations take place during the term of the license. The fact that the Authority has found a violation did occur on October 8, 1977, would cause this 3-day sentence to be served in addition to whatever other sentence the Authority might impose. Mr. Gavaldon called Mrs. Alicia Ramirez, 528 Deines Ct., who was duly sworn before giving testimony. She spoke of her involvement in the bar operation and to the financial hardship any suspension would cause. She also spoke of the different arrangements in regards to their employees, that have been made since the incidents occurred. Mr. Gavaldon requested that no suspension be imposed and that instead, a trial period be observed until the December 14 renewal hearing to see if conditions have improved at the bar. City Attorney Carroll suggested that the Authority could consider that this suspension, if any is assessed, be attached to the other suspension or separately as the Authority might determine and also that the Authority could reconsider their earlier decision, if they so desired. Reuben Ramirez was duly sworn before giving testimony. He was questioned about previous incidents and violations at his establishment. - 12 - • November 16, 1977 • Mr. Gavaldon asked the Authority to consider the possibility of human error in judgement on Mr. Ramirez' part when making their decision and to take under consideration the efforts Mr. Ramirez and his wife and employees are making towards improving the management of their bar. Authority member Bean stated that he did not wish to reconsider the original 3-day suspension. City Attorney Carroll stated that the Police Department's recommendation through Sgt. Mason was that the licensee serve the 3 days previously assessed and then serve an additional 2 days on the violation of October 8 and that the show/cause hearing scheduled for December 14 be vacated. City Attorney Carroll stated that he personally would go along with that recommendation. After much discussion on the choices available to the Authority, Authority member Bean made a motion, seconded by Authority member Long, that the licensee serve the previous 3-day suspended suspension plus a 3-day suspension for this violation - days of suspension to be their choice - prior to the end of the year and subject to appeal, and that the two 3-day suspensions run separately in two 3-day periods. The Chairman put the motion which was unanimously adopted. Hearing to show/cause for Pine Tavern, 244 Pine St., tabled to December 14, 1977. City Attorney Carroll called Officer David W. Wilson, Fort Collins Police Department, who was duly sworn before giving testimony. He questioned Officer Wilson as to the events of May 27, 1977. Officer Wilson testified that he was in the Pine Tavern, 244 Pine at about 8:22 p.m. making a routine bar check with Officer Vincent. He stated that he recognized Alfredo Torres sitting at the bar holding an open bottle of Coors beer. Officer Wilson stated that he had had prior contact with Mr. Torres when Mr. Torres had come to the Police Dept. to report an assault case that occurred in Hickory Village and at that time, Officer Wilson had obtained his date of birth. Officer Wilson stated that Alfredo Torres was 17 at the time of the alleged violation (5-27-77). The officers asked Mr. Torres to step outside at which time they verified his age as being juvenile. Officer Wilson stated that Officer Vincent went back inside the bar and advised Vernie Valdez, owner of the Pine Tavern, that Alfredo Torres was 17, which Mr. Valdez denied, saying that Alfredo Torres was 18. Mr. Valdez began cross-examination of Officer Wilson but was interrupted by a personal friend who requested a continuance until December 14 due to the recent hospitalization and poor health of Mr. Valdez and also to give him time to be represented by counsel. Authority member Seegmiller made a motion, seconded by Authority member Long, to continue the show/cause hearing for Pine Tavern until December 14. The Chairman put the motion which was unanimously adopted. Transfer of ownership of Pogo's, 1220 W. Elizabeth from Larry Duncan to Pogo's Inc., approved. - 13 - November 16, 1977 Mr. David Dameron and Mr. Chuck McMillen appeared representing Pogo's. The applicants had applied and been approved previously but the license was not issued at the state level on a technicality which was corrected by forming a corporation. All principals had previously been investigated. Authority member Bean made a motion, seconded by Authority member Long, to approve the transfer of ownership to Pogo's Inc. The Chairman put the motion which was unanimously adopted. Clarification of ownership and manager status at Charley's Cousin, 3400 South College Avenue. Mr. Joe Coyte, attorney representing Charley's Cousin and the owner, Mr. Joe Robert Berry, stated that Mr. Berry owned and operated Charley's Cousin as a sole proprietorship. In the future a corporation may be formed at which time they will apply to the Authority for permission to transfer the license. Mr. Coyte stated that the manager had been killed in an auto accident and that they were unaware of the law requiring them to name a new manager. He stated that the new manager will be making application to the City Clerk's office on Thursday, November 17 and that he will appear at the next Authority meeting so the Authority members may ascertain his qualifications. Resolution adopted granting a Hotel - Restaurant license to Green Turtle Cafe, 150 North College Avenue. The resolution was read by title only as a copy had been sent to each member with the agenda. FINDINGS AND RESOLUTION OF THE LOCAL LIQUOR LICENSING AUTHORITY OF THE CITY OF FORT COLLINS, COLORADO, CONCERNING AN APPLICATION FOR A HOTEL -RESTAURANT LIQUOR LICENSE The application of The Green turtle, Ltd., doing business as The Green Turtle Cafe, for a Hotel -Restaurant Liquor License came on for hearing on the 19th day of October, 1977, in the Council Chambers, City Hall, Fort Collins, Colorado, pursuant to notice duly given as required by law. W[= . 40 November 16, 1977 The Authority, having heard the evidence introduced at the hearing, and having examined the documents introduced and having heretofore held a preliminary hearing and issued findings in writing on said preliminary hearing, now makes the following findings: 1. The neighborhood to be served under this application is as defined in the preliminary findings of the Authority. 2. Nothing contained in C.R.S. 1973, as amended, Section 12-47-138 prohibits the issuing of a license at the proposed location. 3. The applicants are of good character and qualified under the Ordinances of the City of Fort Collins and the laws of the State of Colorado for the license applied for. 4. The application is in proper form. 5. Petitions were presented and received at the hearing, indicating a need for the license applied for and no evidence was presented indicating that said need does not exist, and the local licensing authority hereby finds that the reason- able requirements of the neighborhood require the issuance of the license applied for. The,Authority recognizes that other licenses exist in the neighborhood, but hereby finds that an additional need exists for the license applied for. - 15 - November 16, 1977 RESOLUTION OF THE LOCAL LIQUOR LICENSING AUTHORITY OF THE CITY OF FORT COLLINS, COLORADO, CONCERNING AN APPLICATION FOR A HOTEL -RESTAURANT LIQUOR LICENSE BE IT RESOLVED by the Local Liquor Licensing Authority of the City of Fort Collins, Colorado that the application of The Green Turtle, Ltd., doing business as The Green Turtle Cafe, for a Hotel -Restaurant Liquor License be and the same hereby is granted in accordance with the findings of the Authority set forth above. Passed and adopted this 16th day of November, A.D. 1977. Cha-irman ATTEST: Q, .w City Clerk \ ;J Authority member Long made a motion, seconded by Authority member Bean, to adopt the resolution granting the Hotel -Restaurant license for Green Turtle Ltd., dba Green Turtle Cafe, 150 No. College Avenue. The Chairman put the motion which was unanimously adopted. Authority member Long asked about the ownership of the Northern Hotel. Sgt. Mason stated that Rene DeBest was representing himself as the new manager and owner. Sgt. Mason was asked by City Attorney Carroll to inform Mr. DeBest that he must submit his application to the City Clerk's office and that if this has not been accomplished by the next meeting, December 14th, that the bar of the Northern Hotel will not be in operation. City Attorney Carroll asked for a clarification on the decision on Reuben's. - 16 - Authority member Bean stated that two separate 3-day suspensions had been assessed to be served at the licensee's choice and that the show/cause hearing for December 14 had not been vacated. There was no police report. Adjournment Authority member Long made a motion, seconded by Authority member Seegmiller, to adjourn the meeting. The Chairman put the motion which was unanimously adopted. The meeting adjourned at 12:10 a.m. ATTEST: Deputy City Cle k - 17 -