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HomeMy WebLinkAboutLiquor Licensing Authority - Minutes - 09/21/19770 0 Liquor Licensing Authority September 21, 1977 Regular Meeting - 7:30 p.m. A regular meeting of the Liquor Licensing Authority was held on Wednesday, September 21, 1977, at 7:30 p.m. in the Council Chamber in the City of Fort Collins City Hall. Roll caki was answered by the following members: Bean, Long, Renz, Seegmiller and Wilson. Staff members present: Sgt. Mason, Police Department, Officer Charles Cross, Officer James Kyle and LaVonne Dowell, Deputy City Clerk. Also: Assistant City Attorneys Ramsey Myatt and Joe Carroll. Minutes of the Regular Meeting of August 24, 1977, approved as published. Authority member Renz made a motion, seconded by Authority member Bean to approve the minutes from the regular meeting of August 24, 1977 as published. The Chairman put the motion which was unanimously adopted. a The Chairman read the hearing procedure at length before proceeding with the final hearings. The Chairman inquired if there were any opposed to proceeding. Final Hearing on a Class B, 3.2% Fermented Malt Beverage License for Dillon Companies dba King Soopers, 1015 South Taft Hill Road. Mr. Michael Henry, attorney representing the applicant, called for his first witness, Mr. Eric Larson who was duly sworn before giving testimony. Mr. Larson is an employee of King Soopers in the capacity of a Market Analyst. His testimony addressed a recent marketing study which was completed earlier this year to determine the need for a second store to be located in Fort Collins. Mr. Max Scott was called next and duly sworn before giving testimony. Mr. Scott is the President of Oedipus, Inc., the firm doing the petition- ing in support of this application for King Soopers. Mr. Scott presented applicant's exhibits 1 through 10. Exhibit No. 1 being a brochure put together by Mr. Scott describing the method of petitioning and listing the statistical information. Exhibits 2 through 10 being petitions circulated in the boundary as established by the Authority. The petitions contain 292 signatures in support of the application. =C Mr. Robert Bowen, Northern District Manager and the interim manager of the new store at 1015 South Taft Hill, was called next and duly sworn before giving testimony. Mr. Bowen addressed his duties as the interim store manager and what the company policy is regarding the handling of beer. Mr. Tom Nelson from the corporate headquarters of King Soopers, was sworn and then gave testimony regarding how King Soopers trains their people regarding local laws governing the sale of 3.2% Fermented Malt Beverages. Mr. Nelson also advised the Authority that the proposed opening date is scheduled for November 13, 1977. Authority member Renz made a motion, seconded by Authority member Long, to approve the application for a 3.2% Fermented Malt Beverage License submitted by the Dillon Company dba King Soopers, 1015 South Taft Hill. The Chairman put the motion which was unanimously adopted. Final Hearing on a Class C, 3.2% Fermented Malt Beverage License submitted by Old Colorado Pizza Company, Inc., 814 South College Avenue. Mr. James C. McBride, one of the corporate owners, was duly sworn before giving testimony regarding the operation and the request for a 3.2% Class C, Fermented Malt Beverage License. Applicant's exhibits 1 through 4 being petitions circulated is the designated boundary and signed by patrons of the business were presented to the Authority. The petitions contained approximately 1,300 signatures in support of this application. Mr. McBride spoke briefly to his past experience and the reaction of those persons contacted to sign the petitions. The City Attorney stated for the record that a copy of the Certificate of Incorporation needed to be included in the file before the license could be issued, if granted. The Chairman inquired if there was any opposition to this application. Mrs. William Young, 1016 Remington Street was duly sworn before giving testimony in opposition to this application. Her comments addressed the following points: disturbance of the peace and quiet of a primarily residential neighborhood; additional traffic added to the already heavily congested area; and the additional policing that will be necessary. Authority member Long made a motion, seconded by Authority member Bean to approve the application for a 3.2%, Class C, Fermented Malt Beverage License submitted by The Old Colorado Pizza Company, Inc., contingent upon receipt of a clear police check on James C. MCBridg, Richard Paul Baska and Sharleen Frances Tolchinsky; and the Certificate of Incorpora- tion be submitted to the City Clerk's office. The Chairman put the motion which resulted in the following vote: Yeas: Bean, Long, Seegmiller and Wilson Nays: Renz - 2 - Hearing to show/cause why the Hotel-RestauraIIt Liquor License for the Complex 3, 246 North College, should not be revoked. Assistant City Attorney Ramsey Myatt announced the hearing. Assistant City Attorney Joe Carroll first called Officer Charles Cross who was duly sworn before giving testimony as to the violation occurring on August 20, 1977 at the Complex 3. Officer Cross gave a detailed review of the events concerning the violations of an after-hours sale and consumption on the above date. Mr. David Osborn, attorney for the licensee, stated he would like to make two motions before proceeding. 1) The licensee is charged with the following violation CRS 12-47-128 (5) (c) (I) 'which reads: It is unlawful for any person licensed to sell at retail pursuant to this article to sell, serve, or distribute any malt, vinous, or spirituous liquors by the drink for con- sumption on the premises on week days, except Mondays which do not fall on January 1 of any year, between the hours of 2 a.m. and 7 a.m., or on Mondays, which do not fall on January 1 of any year, between the hours of 12:01 a.m. and 7 a.m.; or on Mondays which fall on January 1 of any year between the hours of 2 a.m. and 7 a.m.; or on Sundays or Christmas between the hours of 2 a.m. and 8 a.m. and after 8 p.m.; or to sell, serve, or distribute any such liquors in sealed containers between the hours of 12:01 a.m, and 8 a.m., or on the days prohibited by paragraph (b) of this subsection (5); but nothing in this paragraph (c) shall prohibit the selling and serving of malt, vinous, and spirituous liquors during such hours or on such days in the places and in the manner permitted by this article. The Statute does not address the day "Saturday"; it only addresses "week days." Assistant City Attorney, Ramsey Myatt stated that the argument did have some merit but it is not within the scope of this Authority to rule on the constitutionality or the application of the State Statutes and the motion is therefore denied. 2) Objection to the whole process of handling a hearing before the Authority. A) Police department report turned in to the Board B) Prosecutor from the same firm as the ruling officer and this could be a violation of "due process." Assistant City Attorney Ramsey Myatt replied as follows: The Authority does not receive the police department report prior to the hearing; they do receive a written request from the police department that does not state the particulars of the case. It states only the date of vio- lation, the violation and the licensee. The capacity of the ruling officer is to rule only on the admissibility of evidence, and the Authority has the right to overrule any decision made by Mr. Myatt. The second objection is therefore denied. -3- Mr. Osborn called as his first witness, Mr. John Meyer who was duly sworn before giving testimony. Mr. Meyer stated he did not agree with all of the statements made by Officer Cross. First, the drink in front of Mr. Meyer was served before the officer arrived, and second, the side door was checked and found to be closed just before the officer walked in. In previous testimony, Officer Cross stated that the side door was standing open about 3 inches and that the bar- tender served Mr. Meyer a drink upon his arrival on the premises. Assistant City Attorney Myatt asked Mr. Meyer if he were suggesting that Officer Cross unlocked the door to gain entrance. Mr. Meyer stated he was not suggesting this at all and further stated that the door had not been operating properly and has since been repaired. Assistant City Attorney Joe Carroll stated that there is evidence of a violation. Mr. Osborn stated that there is no denial that liquor was available to Mr. Meyer after 2:00 a.m. However, he feels that the State Statute is not clearly written and does not address Saturdays, only weekdays. The Chairman stated that the Authority must first determine if a viola- tion did or did not occur. Authority member Renz made a motion, seconded by Authority member Wilson, that a violation did occur. The chairman put the motion which was unanimously adopted. Assistant City Attorney Joe Carroll next called Officer James Kyle who was duly sworn before giving further testimony in mitigation. Officer Kyle's testimony regarded previous contacts. Mr. David Osborn recalled Mr. John Meyer to give testimony regarding Officer Kyle's testimony. Officer Mason informed the Authority that the recommendation of the Police Department is for a 3-day suspension. Authority member Renz made a motion, seconded by Authority member Wilson, to suspend the license for three days, to be suspended, and if further violations should occur then this suspension be served at that time. The Chairman put the motion which resulted in the following vote: Yeas: Renz and Wilson Nays: Bean, Long and Seegmiller Authority member Long made a motion, seconded by Authority member Seeg- miller, to suspend the license for 15 days, suspend the suspension, and if further violations should occur, this suspension would be added to any further discipline. The Chairman put the motion which resulted in the following vote: Yeas: Bean, Long and Seegmiller Nays: Renz and Wilson -4- Boundaries for the area to be served set for the application of a Hotel -Restaurant License submitted by The Green Turtle Cafe, 150 North College. The recommendation from the Administration is 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 subject premises to Lemay, following North along City limits to Northern boundary. The applicant, Mr. Khalil Kamandy, was present and stated the recommendation was acceptable to him. Authority member Renz made a motion, seconded by Authority member Long, to approve the boundaries as recommended by the Administra- tion. The chairman put the motion which vas adopted unanimously. New Application accepted from Richard C. Peterson dba The Good Taste Crepe Shoppe, 400 East Olive. Mr. Richard C. Peterson was present and stated they were applying for a beer and wine license at the Golden Pear location and the dates of October 19th and November 16th were agreeable to them as the preliminary and final hearing dates. Authority member Long made a motion, seconded by Authority member Renz, to schedule the preliminary hearing on October 19th and the final hearing on November 16th. The Chairman put the motion which was adopted unanimously. Renewal Application for a Class C, 3.2% Fermented Malt Beverage License submitted by Panchds Cafe, 1801 North College, approved. This application is a routine renewal. The Police Department report states that there were no violations, and they would recommend renewal of the application. Authority member Bean made a motion, seconded by Authority member Benz, to approve the renewal for Pancho's Cafe, 1801 North College Avenue. Resolution adopted granting a Beer and Wine License to C. J. Streit dba The Gondolier, 746 North College Avenue. Deputy City Clerk LaVonne Dowell read the resolution by title only since a copy had been sent to the Authority with the agenda. Authority member Renz made a motion,seconded by Authority member Long, to adopt the following resolution. The Chairman put the -5- motion which was adopted unanimously. FINDINGS AND RESOLUTION OF THE LOCAL LIQUOR LICENSING AUTHORITY OF THE CITY OF FORT COLLINS, COLORADO, CONCERNING AN APPLICATION FOR A SEER AND WINE LIQUOR LICENSE The application of C. J. STREIT, doing business as THE GONDOLIER, for a Beer and Wine Liquor License came on for hearing on the 24th day of August, 1977, in the Council Chambers, City Hall, Fort Collins, Colorado, pursuant to notice duly given as required by law. 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 a: defined in the preliminary findings of the Authority. 2. Nothing contained in C.R.S., 1973, Section 12-47-138 proh.bits the issuing of a license at the proposed location. 3. The applicant is 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 IM the local licensing authority hereby finds that the reason- able requirements of the neighborhood require the issuance of the license applied for. RESOLUTION OF THE LOCAL LIQUOR LICENSING AUTHORITY OF THE CITY OF FORT COLLINS, COLORADO, CONCERNING AN APPLIC2V'ION FOR A BEER AND WINE LIQUOR LICENSE BE IT RESOLVED by the Local Liquor Licensing Authority of the City of Fort Collins, Colorado that the application of C. J. STREIT, doing business as THE GONDOLIER, for a Beer and Wine Liquor License be and the same hereby is granted in accordance with the findings of the Authority set forth above. Passed and adopted this 21st day of September, A.D. 1977. ATTEST: City Clerk Resolution adopted granting a Retail Liquor Store License to Craig C. Rose dba Saddle Up Liquors, 1015 South Taft Hill.Road. Deputy City Clerk LaVonne Dowell read the resolution title. Authority member Long made a motion, seconded by Authority member Renz to adopt the resolution. The Chairman put the motion which -7- resulted in the following vote: Yeas: Long, Renz and Wilson Nays: Bean and Seegmiller FINDINGS AND RESOLUTION OF THE LOCAL LIQUOR LICENSING AUTHORITY OF THE CITY OF FORT COLLINS, COLORADO, CONCERNING AN APPLICATION FOR A RETAIL LIQUOR STORE LICENSE The application of CRAIG C. ROSE, doing business as SADDLE UP LIQUORS, for a Retail Liquor Store License came on for hearing on the 24th day of August, 1977, in the Council Chambers, City Hall, Fort Collins, Colorado, pursuant to notice duly given as required by law. 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, Section 12-47-138 prohibits the issuing of a license at the proposed location. 3. The applicant is 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. S. Petitions were presented and received at the hearing, indicating a need for the license applied for and, although one person, to -wit: Wellington Farrell, Jr., a license IM holder of a retail liquor store in the designated neighborhood, spoke in opposition to the application, the local licensing authority hereby finds that the r:asonable requirements of the neighborhood niquire the issuance of the license applied for. The Authority recognizes that one other license exists in the neighborhood, but hereby finds that an additional need exists for tho license applied for. 6. The build:_ng in which the license is to be operated is not now constructed; and no license should issue until the construction is completed in accordance with the plans and specifications submitted by the applicant and the require- ments of the Building Inspector made in conformity with the Ordinances of the City of Fort Collins. RESOLLTION OF THE LOCAL LIQUOR LICENSING AUTHORITY OF THE CITY OF FORT COLLINS, COLORADO, CONCERNING AN APPLICATION FOR A RETAIL LIQUOR STORE LICENSE BE IT RESOLVED by the Local Liquor Licensing Authority of the City of Fort Collins, Colorado that the application of CRAIG C. ROSE, Going business as SADDLE UP LIQUORS, for a Retail Liquor Store License be and the same hereby is granted in accordance with the findings of the Authority set forth above; and BE IT FURTHER RESOLVED that said license shall not issue until the construction of the licensed premises is sa comple'ed in accordance with the plans and specifications submitted to the Authority anc the requirements of the City Building Inspector, and the Authority has received a report from said Building Inspector tiat said improvements have been completed in accordance with said plans and specifica- tions and the requirements of the Building Inspector. Passed and adopted this 21st day of September, A.D. 1977. ATTEST: City Clerk Request to withdraw the application for a 3.2% Fermented Beverage License by Long John Silver Seafood Shoppe, 3107 South College, approved. Deputy City Clerk LaVonne Dowell advised the Authority that the City Clerk's office had received a request to withdraw the appli- cation. There is a portion of the fees to be returned; this is the $35.00 for the court reporters. Authority member Renz made a motion, seconded by Authority member Long to approve the request to withdraw the application and authorize the return of the $35.00 unused fees, The Chairman put the motion which was unanimously adopted. Show/Cause Hearing scheduled on a violation at The Pine Tavern. The Police Department presented a request for a show/cause hearing on a recent violation at the Pine Tavern, 244 Pine Street. Authority member Bean made a motion, seconded by Authority member Seegmiller, to schedule a show/cause hearing on October 19, 1977, to hear evidence on a violation at the Pine Tavern, 244 Pine Street. The Chairman put the motion which was unanimously adopted. --10- Change of Class of License from A to C for the Town Pump approved. The Deputy City Clerk advised that the applicant for the Town Pump had submitted the transfer as a Class A, but they really wanted the Class C which was originally there. Authority member Bean made a motion, seconded by Authority member Long, to approve the change of class from an A to a C on the 3.2% Fermented Malt Beverage License for the Town Pump, 124 North College. The Chairman put the motion which resulted in the following vote: Yeas: Bean, Long and Wilson Nays: Renz and Seegmiller No report from the Police Department. The City Attorney reported that the notice sent to Vernie Valdez regarding the renewal hearing on September 14, 1977 has been returned unclaimed. Adjournment Authority member Long made a motion, seconded by Authority member Seegmiller, to adjourn. The Chairman put the motion which was unanimously adopted. Chairman ATTEST: Deputy City Clerk —� 500