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HomeMy WebLinkAboutLiquor Licensing Authority - Minutes - 08/24/1977LIQUOR LICENSING AUTHORITY August 24, 1977 Regular Meeting, 7:30 p.m. A regular meeting of the Liquor Licensing Authority was held on Wednesday, August 24, 1977, at 7:30 p.m. in the Council Chambers in the City of Fort Collins City Hall. Roll call was answered by the following members: Bean, Long, Renz, Seegmiller and Wilson. Staff members present: Lt. Perman of the Police Department and Deputy City Clerk, LaVonne Dowell. Also: Assistant City Attorney Ramsey Myatt. Minutes of the Regular Meeting on July 27, 1977, approved as published. Authority member Long made a motion, seconded by Authority member Renz to approve the minutes from the regular meeting on July 27, 1977 as published. The Chairman put the motion which was unani- mously adopted. Final Hearing on a Class A, 3.2% Fermented Malt Beverage License application from Colorado Sea Food Shoppes Inc., dba Long John Silver Seafood Shoppe, 3107 South College Avenue, tabled. Deputy City Clerk, LaVonne Dowell advised the Authority that the local manager had requested that this item be tabled to the next meeting. Authority member Long made a motion, seconded by Authority member Renz, to table consideration of this item to the next meeting in September. The Chairman put the motion which was unanimously adopted. The Chairman read the rules of procedure at length before starting the final hearings. Final hearing on a Beer and Wine License application submitted by C. J. Streit dba The Gondolier, 746 North College, Resolution setting forth the findings of the Preliminary Hearing, adopted. The Resolution was presented by title since a complete copy had been sent out with the agenda. Authority member Renz made a motion, seconded by Authority member Long to adopt the resolution. The Chairman put the motion which was unanimously adopted. - 1 - 0 RESOLUTION OF THE LIQUOR LICENSING AUTHORITY OF FORT COLLINS SETTING FORTH FINDINGS ON A PRELIMIN- ARY HEARING ON A LIQUOR LICENSE APPLICATION WHEREAS, heretofore, C. J. STREIT, doing business as THE GONDOLIER, made application to the Liquor Licensing Authority for a Beer and Wine Liquor License; and ' 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 24th day of August, 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: North from the subject premises to the City limits, east from the subject premises to - 2 - the City limits, south from the subject premises to Mulberry Street, west from the subject premises to the City limits. 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. 5. That the application is in proper form and will be heard by the Authority on August 24, 1977. Passed and adopted at a regular meeting of the Liquor Licensing Authority held this 24th day of August, 1977. ATTEST: City Clerk Mr. C. J. Streit, the applicant, stepped forward and was duly sworn before giving testimony. Mr. Streit spoke to his reason for changing from a 3.2% Fermented Malt Beverage License to a Beer and Wine License. Applicant's exhibits 1, 2 and 3, being petitions that were circulated in support of the application were presented to the Authority to review. Further testimony from Mr. Streit described the operation of the restaurant and the menu. Mr. John Streit was called and duly sworn before giving testi- mony. Mr. Streit spoke to the petitions and the reactions of those persons that were contacted in the petition process. Mr. - 3 - Streit's capacity will be that of general manager; he will report directly to Mr. C. J. Streit. The Authority questioned the applicants regarding the proper I.D.'s to be used and hours of operation. Authority member Renz made a motion, seconded by Authority member Bean, to approve the application for a Beer and Wine License sub- mitted by C. J. Streit dba The Gondolier, 746 North College Avenue. The Chairman put the motion which was unanimously adopted. Final Hearing on a Retail Liquor Store License application submitted by Craig C. Rose dba Saddle Up Liquors, 1015 South Taft Hill Road, Resolution setting forth findings at Preliminary Hearing, adopted. The Resolution was read by title only since a copy had been sent out with the agenda. Authority member Renz made a motion seconded by Authority member Wilson to adopt the resolution. The Chairman put the motion with the following vote: Yeas: Long, Renz, Seegmiller and Wilson. Nays: Bean RESOLUTION OF THE LIQUOR LICENSING AUTHORITY OF FORT COLLINS SETTING FORTH FINDINGS ON A PRELIMIN- ARY HEARING ON A LIQUOR LICENSE APPLICATION WHEREAS, heretofore, CRAIG C. ROSE, doing business as SADDLE UP LIQUORS, made application to the Liquor Licensing Authority for a Retail Liquor Store License; and 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 - 4 - any party in ia-rest to present further Wdence concerning any of such findings and determinations at the hearing to be held on this application on the 24th day of August, 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: North from the subject premises to the City limits, south from the subject premises to Drake Road, west from the subject premises to Overland Trail, east from the subject premises to Shields Street. 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. 5. That the application is in proper form and will be heard by the Authority on August 24, 1977. Passed and adopted at a regular meeting of the Liquor Licensing Authority held this 24th day of August, 1977. ATTEST: 4 City erk - 5 - Before commencing the hearing the Chairman inquired if there was anyone in opposition to the hearing. Mr. Wellington Ferrell, Jr. identified himself and stated he was in opposition to the granting of the license and would request a time to be heard. Mr. Tom Metcalf, attorney for the applicant, first called George Kress, a professor of marketing at CSU who was duly sworn before giving testimony. Professor Kress gave testimony regarding a population growth and marketing study which had recently been com- pleted and what the projections from that study were. Mr. Craig C. Rose, applicant, was next called and duly sworn before giving testimony. Mr. Rose spoke to his past experience and the proposed type of outlet he plans to operate. Applicant's exhibits 1 through 9 were presented, being petitions which were circulated in the area. Exhibits 1 and 4 were signed by owners, managers or employees of businesses located in the area. Exhibits 2,5,6,7, and 8 were signed by residents within the area. Exhibits 3 and 9 were signed by customers or shoppers at businesses located within the area. The petitions contain approximately 900 signatures in support of this application. Ms. Cameron Revall, Fort Collins, spoke to the petitions she cir- culated in the residential areas. Mr. James Banning, the petition circulator for petition number 9, was questioned by the Authority. Mr. Wellington Ferrell, Jr., owner of the Campus West Liquor Store, was duly sworn before giving testimony in opposition to the granting of this license. His objections were: 1. The Colorado Liquor Code 12-47-138 provides that if a license has been denied in one location, another appli- cation cannot be considered for at least 2 years. An application was denied by this Authority for this location about a year ago. The address was not the same and it was not in the same building. The City Attorney ruled that this was not the same location. (West Side Liquor, 1027 So. Taft Hill Road.) 2. The residential area not large enough to warrant another store nor has the growth in the area this last year been large enough since the last application was denied. 3. Petitions 1,2,6,7 and 9 should not be accepted due to the irregular signatures not notarized and the under age signatures. S� • 4. Licenses are issued on need and at this location it is not a need at this time. Mr. Metcalf cross-examined Mr. Ferrell regarding when his license was issued and growth of this area since that time. Authority member Long made a motion, seconded by Authority member Renz, to approve the application for a retail liquor store license submitted by Craig C. Rose dba Saddle Up Liquors, 1015 South Taft Hill Road. The Chairman put the motion with the following vote: Yeas: Long, Renz and Wilson Nays: Bean and Seegmiller New application accepted for a Class B, 3.2% Fermented Malt Beverage License for King Soopers, 1015 South Taft Hill Road, boundaries established. Mr. Michael Henry, attorney from Denver representing the applicant, appeared before the Authority. Deputy City Clerk, LaVonne Dowell, stated that the recommendation for the boundaries from the administration would be 2,000 feet in each direction. Authority member Bean made a motion, seconded by Authority member Long to accept the new application from King Soopers, set the boundaries at 2,000 feet in each direction and schedule the final hearing for September 21, 1977. The Chairman put the motion which was unanimously adopted. New application accepted from James McBride, Richard Baske and Sharlene Tolchinski dba Old Colorado Pizza, Inc., 814 South College Avenue, boundaries set, final hearing scheduled. Mr. James McBride, one of the applicants, was present and appeared before the Authority. Deputy City Clerk, LaVonne Dowell, advised the Authority that the recommendation from the administration for the boundaries would be 2,000 feet in each direction. Authority member Bean made a motion, seconded by Authority member Long, to accept the application, set the boundaries at 2,000 feet in each direction and schedule the hearing for September 21, 1977. The Chairman put the motion which was unanimously adopted. - 7 - New application accepted for a Hotel - Restaurant Liquor License from the Green Turtle, 150 North College, and hearing date scheduled. Mr. Charles Bloom, attorney for the applicant, was present and stated that the applicant does currently hold a Beer and Wine License and is desirous of changing to a Hotel -Restaurant Liquor License. Authority member Bean made a motion, seconded by Authority member Long, to accept the application for a Hotel -Restaurant Liquor License from the Green Turtle Ltd., schedule the preliminary hearing on September 21, 1977, and the final hearing on October 19, 1977. The Chairman put the motion which was unanimously adopted. Proposed expansion for Canino's Italian Restaurant, 613 South College, approved. Mr. Clyde Canino, the applicant, spoke to the proposed expansion explaining in detail the change in serving areas, customer waiting area and the path of food delivery. Authority member Renz made a motion, seconded by Authority member Bean, that the expansion is not substantial and to approve the expansion to the second floor as presented. The Chairman put the motion which was unanimously adopted. Renewal of a Class A, 3.2% Fermented Malt Beverage License for Round -the - Corner Restaurant, 1221 West Elizabeth Street, approved. This is a routine renewal and the Police Department investigation has found nothing derogatory and their recommendation is to approve the renewal. Authority member Bean made a motion, seconded by Authority member Long, to approve the renewal application from Round -the -Corner Restaurant, 1221 West Elizabeth. The Chairman put the motion which was unanimously adopted. Renewal of a Class C, 3.2% Fermented Malt Beverage License for Happy Joe's Pizza and Ice Cream Parlour, 121 West Monroe, approved. This is a routine renewal and the Police Department investigation has revealed nothing derogatory and their recommendation is to approve the renewal. COUE Authority member Bean made a motion, seconded by Authority member Long, to approve the renewal application from Happy Joe's Pizza and Ice Cream Parlour, 121 West Monroe. The Chairman put the motion which was unanimously adopted. Renewal of a Beer and Wine License for Pelican Pete's Fish Market, 3512 South Mason Street, approved. This is a routine renewal and the Police Department investigation has revealed nothing derogatory and their recommendation is to approve the renewal. Authority member Bean made a motion, seconded by Authority member Long, to approve the renewal application for Pelican Pete's Fish Market, 3512 South Mason. The Chairman put the motion which was unanimously adopted. Renewal of a Beer and Wine License for Green Turtle Ltd., 150 North College Avenue, approved. This is a routine renewal and the Police Department investigation has revealed nothing derogatory and their recommendation is to approve the renewal. Deputy City Clerk LaVonne Dowell advised the board that this renewal is necessary at this time since the new application for a Hotel -Restaurant License will not be completed prior to the expiration of the current license. Authority member Bean made a motion, seconded by Authority member Long to approve the renewal application for Green Turtle Ltd., 150 North College Avenue. The Chairman put the motion which was unanimously adopted. Renewal of a Class C, 3.2% Fermented Malt Beverage License for Pine Tavern, 244 Pine Street, tabled to September 14, 1977. After considerable discussion regarding the status of the County Court case pending regarding the violation (sale to an underage person), and the various alternatives regarding the status of this license, Authority member Renz made a motion, seconded by Authority member Bean, to hold a special meeting at 1:00 p.m. on September 14, 1977, to consider the renewal for Pine Tavern. The Chairman put the motion which was unanimously adopted. Resolution adopted denying a Tavern License to William and Cindee Arduino dba The Granfaloon, 1401 Riverside. 0 The Resolution was read by title only since the Authority had previously received copies with their agendas. Authority member Renz made a motion, seconded by Authority member Long to adopt the Resolution denying a Tavern License to William and Cindee Arduino dba The Granfaloon. The Chairman put the motion with the following vote: Yeas: Long, Renz and Seegmiller Nays: Bean and Wilson FINDINGS AND RESOLUTION OF THE LOCAL LIQUOR LICENSING AUTHORITY OF THE CITY OF FORT COLLINS, COLORADO, CONCERNING AN APPLICATION FOR A TAVERN LIQUOR LICENSE The application of WILLIAM ARDUINO and CINDEE ARDUINO, doing business as THE GRANFALOON, for a Tavern Liquor License came on for hearing on the 27th day of July, 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 defineA 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 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. - 10 - 4. The application is in proper form. 5. Applicants presented petitions containing the signatures of 355 residents of the neighborhood and an additional petition containing 61 signatures of persons employed in the neighborhood indicating their desire that the license applied for be granted. The applicants both testified in favor of the granting of the application. The Authority heard a great deal of evidence in opposition to the license and additionally received petitions containing 545 signatures in opposition to the granting of the license. There was some question by the Authority as to whether or not the persons signing the petitions in opposition had been duly apprised of the boundaries of the neighborhood as defined by the Authority, but the petitions were nonetheless received as an expression of the desires of the inhabitants of the neighborhood. The Authority has given little, if any, weight to the petitions in opposition as they relate to A the reasonable requirements of the neighborhood. 6. Testimony was also given by the owner of the only other licensed outlet in the neighborhood, and such testi- mony was to the effect that the reasonable requirements of the neighborhood were being met by his licensed outlet. 7. The needs of the neighborhood are being adequately met by the existing outlet. S. The desires of the inhabitants of the neighborhood, as evidenced by petitions and testimony, are that the license not be granted. Based upon the foregoing findings, it is the conclusion of the Liquor Licensing Authority that: A. There was no adequate showing by the applicants that the inhabitants of the neighborhood desire that the license be granted. B. There was no adequate showing that the reasonable requirements of the neighborhood are not being presently met by existing outlets in the neighborhood for which the license is sought. RESOLUTION OF THE LOCAL LIQUOR LICENSING AUTHORITY OF THE CITY OF FORT COLLINS, COLORADO, CONCERNING AN APPLICATION FOR A TAVERN LIQUOR LICENSE BE IT RESOLVED by the Local Liquor Licensing Authority of the City of Fort Collins, Colorado, that the application of WILLIAM ARDUINO and CINDEE ARDUINO, doing business as THE GRANFALOON, for a Tavern Liquor License be and the same hereby is denied in accordance with the findings of the Authority set forth above. Passed and adopted at a regular meeting of the Liquor Licensing Authority of the City of Fort Collins, Colorado, held this 24th day of August, 1977. ATTEST: City Clerk - 12 - Report from the Police Department Lt. Perman distributed copies of an incident report describing a violation (after hours service) at The Complex 3 and then reviewed the report. Authority member Bean excused himself from the discussion of this item. Authority member Renz made a motion, seconded by Authority member Wilson, to schedule a show -cause hearing on this violation at the next meeting, 9/21/77. The Chairman put the motion which was unanimously adopted. Policy Meeting Scheduled Lt. Perman addressed the Authority regarding a policy meeting to be attended by members of the Police Department and the Authority. Authority member Bean requested that a representative from the State Liquor Enforcement Division, the Attorney General's office and the District Attorney's office attend this meeting. (Secretary's note: Policy meeting is scheduled for October 5, 1977, at 9:00 a.m., Council Chambers, City Hall.) Adjourned Authority member Long made a motion, seconded by Authority member Bean, to adjourn the meeting. The Chairman put the motion which was unanimously adopted. ATTEST: Deputy City Clerk - 13 -