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HomeMy WebLinkAboutLiquor Licensing Authority - Minutes - 06/01/1977LIQUOR LICENSING AUTHORITY June 1, 1977 Regular Meeting 7:30 P.M. A regular meeting of the Liquor Licensing Authority was held on Wednesday June 1, 1977 at 7:30 P.M. in the Council Chamber in the City of Fort Collins City Hall. Roll call was answered by the following members: Bean, Renz, Seegmiller and Wilson. Staff members present: Sgt. Robert Mason and Deputy City Clerk LaVonne Dowell. Also: Assistant City Attorney Ramsey Myatt. Minutes of the Regular Meeting on May 4, 1977, approved as published. Authority member Bean made a motion, seconded by Authority member Wilson to approve the minutes from the regular meeting on May 4, 1977 as published. The Chairman put the motion which was unanimously adopted. Final Hearing on a Class A, 3.2% Fermented Malt Beverage License application submitted by Kay Seidel dba Little Tokyo, 1801 North College Avenue, tabled to June 29 1977. Attorney William Beardslee representing the applicant submitted a request in writing to the City Clerk's Office requesting that this matter be tabled to the next meeting. Authority member Renz made a motion, seconded by Authority member Wilson to table consideration of the application submitted by Kay Seidel dba Little Tokyo Cafe at 1801 North College Avenue. The Chairman put the motion which was unanimously adopted. Final Hearing on an application for a Class A, 3.2% Fermented Malt Beverage License for Tom Peck dba City Park Nine Golf Course, 411 South Bryan, license application approved, Resolution presented and adopted. Mr. Tom Peck, the applicant, was duly sworn before giving testimony in support of the application. �1- Mr. Peck spoke to the area to be copsidered,the licensed premises and general operation. Applicant's Exhibit "1" was presented and accepted being a petition in support of this 3.2 beer anDlication signed by the Golfers at City Park Nine Golf Course. Applicant's Exhibit "2" was presented and accepted being :a petition in support of this application signed by residents of the neighborhood as established by the board. Mr. Peck answered questions from the Authority members' regarding hours of operation, service areas, and I.D. checking. Authority member Renz made a motion, seconded by Authority member Bean to approve the application for a Class A, 3.2% Fermented Malt Beverage License submitted by Thomas Peck dba City Park Nine Golf Course. The Chairman put the motion which was unanimously adopted. The following resolution was presented Authority member Renz made a motion seconded by Authority member Wilson to adopt the resolution granting the application. The Chairman put the motion which was unanimously adopted. I RESOLUTION S OF THE LIQUOR LICENSING AUTHORITY OF THE CITY OF FORT COLLINS CONCERNING AN APPLICATION FOR A CLASS A LICENSE TO SELL NON -INTOXICATING MALT LIQUOR AND SETTING FORTH THE FINDINGS OF THE LIQUOR LICENSING AUTHORITY ON SAID APPLICATION The application of Thomas M. Peck, doing business as City Park Nine Golf Course, for a Class A License for the sale of non - intoxicating malt liquor came on for hearing on June 1, 1977, before the Liquor Licensing Authority of the City of Fort Collins,, and the Liquor Licensing Authority having heard the testimony and received the evidence produced at said hearing and having consid ered and weighed the same and being familiar with the neighborhood for which the license is sought, now makes the following findings.. 1. The license sought by the applicant is for a location at 411 South Bryan Street, Fort Collins, Colorado, said site being occupied as a municipal golf course, the license being sought in connection with such business. -2- 2. The testimony and petitions presented by the applicant at the hearing were to the effect.that the inhabitants of the neighborhood desire that the license be granted and the needs ofi the neighborhood require the granting of this license. No sub- stantial testimony or petitions were presented contrary to this position of the applicant. 3. The building in which the license is to be operated is now.constructed; however, the plans and specifications of the applicant show that the applicant proposes to improve said premises to accommodate the proposed licensed premises and no license should issue until the construction is completed in accordance with the plans and specifications submitted by the applicant and the requirements of the Building Inspector made in conformity with the Ordinances of the City of Fort Collins. It is therefore the opinion and finding of the Liquor Licensing Authority that: A. The inhabitants of the neighborhood desire that the license be granted. B. The needs of the neighborhood require the granting of the license. NOW, THEREFORE, be it resolved by the Liquor Licensing Authority of the City of Fort Collins that the application of Thomas M. Peck, doing business as City Park Nine Golf Course, for a Class A License for the sale of non -intoxicating malt liquor'at 411 South Bryan Street, Fort Collins, Colorado, be and the same is hereby granted. -3- 0 • r. 1� BE IT FURTHER RESOLVED that said license shall not issue until the construction of the licensed premises is completed in accordance with the plans and specifications submitted to the Authority and the requirements of the City.Building Inspec- tor, and the Authority has received a report from said Building Inspector that said improvements have been completed in accordance with said plans and specifications and the requirements of the Building Inspector. Passed and adopted at a regular meeting of the Liquor Licensing Authority of the City of Fort Collins, Colorado, held this 1st day of June, A.D. 1977. ATTEST: c 11-11 &111-e ,Q.�/ ty erk, Final Hearing on an application for a Class A, 3.2% Fermented Malt Beverage application submitted by the State Board of Agriculture dba Summer Theatre, application approved. Resolution presented.. and adopted. The Chairman excused himself from discussion of this particular item due to a possible conflict of interest. Authority member Renz chaired this discussion. Porter Woods, Director of Theatre Arts and the proposed manager of the beer sales if the application is approved, was duly sworn before giving testimony, in m4 support of the application. Petitioner's Exhibit "1" was presented and accepted being the petitions which were signed by the students and residents of Fort Collins in support of this application for a Class A, 3.2% Fermented Malt Beverage License application. Sgt. Mason of the Fort Collins Police Department stated he had contacted the C.S.U. Police Department and was informed by Chief Teegarden that the C.S.0 Police Department was agreeable to the application and could not forsee any problems with the issuance of the license. Authority member Bean made a motion, seconded by Authority member Wilson to approve the application for a Class A, 3.2% Fermented Malt Beverage License submitted by the State Board of Agriculture dba the Summer Theatre. The acting chairman put the motion with the following vote: Yeas: Bean and Wilson. Nays: Renz; (Seegmiller out of the room.) The following resolution was presented, Authority member Bean made a motion, seconded by Authority member Wilson to adopt the resolution granting a Class A, 3.2% Fermented Malt Beverage License to the State Board of Agricul- ture dba the Summer Theatre. The acting chairman put the motion which was adopted unanimously. (Seegmiller out of the room.) RESOLUTION OF THE LIQUOR LICENSING AUTHORITY OF THE CITY OF FORT COLLINS CONCERNING AN APPLICATION FOR A CLASS A LICENSE TO SELL NON -INTOXICATING MALT LIQUOR AND SETTING FORTH THE FINDINGS OF THE LIQUOR LICENSING AUTHORITY ON SAID APPLICATION The application of Colorado State Board of Agriculture, doing business as University Theatre, for a Class A License for the sale of non -intoxicating malt liquor came on for hear- ing on June 1, 1977, before the Liquor Licensing Authority of the City of Fort Collins, and the Liquor Licensing Authority having heard the testimony and received the evidence produced at said hearing and having considered and weighedthe same and being familiar with the neighborhood for which the license is sought, now makes the following findings: 1. The license sought by the applicant is for a location in the plaza area just south of "A" wing, Social Sciences Build- ing, Colorado State University campus, Fort Collins, Colorado, -5- said site,beinoccupied as a university theatre, the license being sought in connection with such business. 2. The testimony and petitions presented by the applicant at the hearing were to the effect that the inhabitants of the neighborhood desire that the license be granted and the needs of the neighborhood require the granting of this license. No substantial testimony or petitions were presented contrary to this position of the applicant. 3. The area in which the license is to be operated is now _ constructed; however, the plans and specifications of the appli- cant show that the applicant proposes to improve said premises to accommodate the proposed licensed premises and no license should "5 issue until the construction is completed in accordance with the plans and specifications submitted by the applicant and the requirements of the Building Inspector made in conformity with the Ordinances of the City of Fort Collins. It is therefore the opinion and finding of the Liquor Licensing Authority that: A. The inhabitants of the neighborhood desire that the license be granted. B. The needs of the neighborhood require the granting of the license. NOW, THEREFORE, be it resolved by the Liquor Licensing Authority of the City of Fort Collins that the application of Colorado State Board of Agriculture, doing business as University Theatre, for a Class A License for the sale of non -intoxicating malt liquor in the plaza area just south of "A" wing, Social Sciences Building, Colorado State University campus, Fort Collins, Colorado, be and the same is hereby granted. -6- 9 BE IT FURTHER RESOLVED that said license shall not issue until the construction of the licensed premises is completed in accordance with the plans and specifications submitted to the Authority and the requirements of the City Building Inspector, and the Authority has received a report from said Building Inspector that said improvements have been completed in accor- dance with said plans and specifications and the requirements of the Building Inspector. Passed and adopted at a regular meeting of the Liquor Licensing Authority of the City of Fort Collins, Colorado, held this lot day of June, A.D. 1977. Boundaries for the area to be served established on an application for a Hotel -Restaurant Liquor License submitted by Golden Horizons, Inc. dba The Complex 3, Inc., 246 North College Avenue. Attorney David Osborn was present representing the applicant.. The Administration made the following recommendation for boundaries': North from the subject premises to the City Limits South from the subject premises to Drake Road East from the subject premises to LemaK North to Riverside then following the City Limits to the Northern City Limits West from the subject premises to Taft Hill Road -7- Authority member Renz made a motion, seconded by Authority member Bean to set the boundaries for the area to be served as recommended by the administration. The Chairman put the motion which was unanimously adopted. The City Attorney Ramsey Myatt, stated the file was deficient in the following areas: 1) Lease or deed giving title to the property 2) Letters of reference 3) Trade name affidavit 4) Articles of Incorporation Application to transfer the Hotel -Restaurant Liquor License from Giuseppe's to Thomas D. Scott dba Walnut Street Garage, 254 Walnut Street approved. Authority member Wilson excused herself due to a possible conflict of interest. Mr. David Osborn, Attorney for the applicant called Mr. Tom Scott who was duly sworn before giving testimony. Mr. Scott spoke to how he proposes to operate the establishment if the transfer is approved. Mrs. Scott was called and advised the Authority that she would not be involved in the business. She was needed to sign as a guarantor by the Bank. (Secretary's note -an affidavit has been submitted stating the preceding.) Assistant City Attorney, Ramsey Myatt stated that the file was needing -a trade name affidavit to make it complete. (Secretary's note -the trade name affidavit has been submitted.) Authority member Renz made a motion, seconded by Authority member Bean to approve the transfer of ownership from Giuseppe's to Thomas D. Scott dba The Walnut Street Garage, 254 Walnut conditional upon the applicant completing the file. The Chairman put the motion with the following vote: Yeas: ,Bean, Renz and Seegmiller. Nays: None (Wilson out of the room.) Special Events Permit for the Holy Family Parish, 326 North Whitcomb, to be used on June 25 and 26 1977, approved. Mr. Gerald Sigward, Chairman of the Fiesta committee and Mr. George Lemos the Co -Chairman of the Fiesta described the Fiesta to the Authority. Authority member Bean made a motion, seconded by Authority member Renz to approve the Special Events Permit submitted by the Holy Family Parish for June 25th and 26th, 1977. The Chairman put the motion which was unamimously adopted. -8- New application for a Class A, 3.2% Fermented Malt Beverage License submitted by Inland Foods, Inc., dba Godfather's Pizza, 829 South Shields and boundaries established for area to be served. Attorney David Osborn appeared on behalf of the applicant. The applicants request for the area to be served is as follows: North from the subject premises to Mulberry Street South from the subject premises to Prospect Street East from the subject premises to Meridian Drive, extended North to Mulberry and South to Prospect West from the subject premises to Bryan Avenue Authority member Renz made a motion, seconded by Authority member Bean to accept the application, set the boundaries for the area to be served as outlined above and schedule the hearing for June 29, 1977. The Chairman put the motion which was unanimously adopted. New application for a Tavern License accepted from William and Cindee Arduino dba the Granfaloon, 1401 Riverside, preliminary and final hearing dates scheduled. Authority member Wilson made a motion, seconded by Authority member Seegmiller to accept the application for a Tavern License from William and Cindee Arduino dba the Granfaloon, 1401 Riverside Drive,schedule the preliminary hearing for June 29, 1977 and the final hearing on July 27, 1977. The Chairman put the motion with the following vote: Yeas: Renz, Seegmiller F, Wilson. Nays: Bean. Renewal of a Class C, 3.2% Fermented Malt Beverage License for Richard White dba Orions Belt, 242 Linden Street, approved. The Police Department report states in part: "This officer checked the records of the Fort Collins Police Department and Larimer County Sheriff's Office, and found 69 incidents reported in the past license year. Twenty-five of the incidents were reported false I.D.'s, 16 disturbance calls, 6 customer problems, and 2 disorderly conduct calls. Twenty-four of the incidents resulted in arrests, the other incidents were of a minor nature. The records reflect a high number of incidents, but at the same time reflect that the majority of the incidents were initiated by the business, The management of Orion's Belt have cooper4ted with the police at all times and the number of incidents should not reflect against the management. -9- RECOMMENDATION: The investigation has revealed nothing derogatory against the management of the business and we would, therefore, recommend approval of this application." Authority member Bean made a motion, seconded by Authority member Renz to approve the renewal of a Class C, 3.2% Fermented Malt Beverage License for Richard White dba Orion's Belt, 242 Linden. The Chairman put the motion which was unanimously adopted. Renewal of a Class C, 3.2% Fermented Malt Beverage License for Yankee Clipper, 2635 South College Avenue, approved The Chairman stated that there was a negative police report and the recommendation was to approve the renewal. Authority member Renz made a motion, seconded by Authority member Bean to approve the renewal application for a Class C, 3.2% Fermented Malt Beverage License submitted by Yankee Clipper. The Chairman put the motion which was unanimously adopted. Renewal of a Class B, 3.2% Fermented Malt Beverage License for Venta Inc. dba Riverside Kwik Stop& 710 Magnolia, approved. The Chairman stated that there was a negative police report and the recommendation was to approve the renewal. Authority member Bean made a motion, seconded by Authority member Renz to approve the renewal application for a Class B, 3.2% Fermented Malt Beverage License for Venta Inc. dba Riverside Kwik Stop, 710 Magnolia. The Chairman put the motion, which was unanimously adopted. Renewal application for a Class B, 3.2% Fermented Malt Beverage License for Dillon Company, Inc. dba King Soopers, 232S South College Avenue, approved. The Chairman stated there was a negative Police Department report and the recommendation was to. approve the renewal. Authority member Renz made a motion, seconded by Authority member Bean to approve the renewal application for a Class B, 3.2% Fermented Malt Beverage License for the Dillon Company Inc. dba King Soopers, 2325 South College Avenue. The Chairman put the motion which was unanimously adopted. -10- Discussion of an alleged violation at Campus West Liquors, 1107 City Park Avenue. Sgt. Bob Mason Spoke to the specifics .of the alleged violation of a sale to an underaged person. Following is the recommendation from the Police Department: "RECOMMENDATION: I recommend a letter of warning be sent to Campus West Liquors stating the alleged violation and the importance of checking I.D.'s. I make this recommendation because of circumstances of the incident and the background of the subject involved (see FCPD Case #77-7512.)" Authority member Seegmiller made a motion, seconded by Authority member Bean that a stern letter of reprimand be directed to the license holder,. Campus West Liquors, 1107 City Park Avenue. The Chairman put the motion which was unanimously adopted. Discussion of an alleged violation at 14ti 7-Eleven Store, 1001 Lemay. Sgt. Bob Mason spoke to the specifics of this alleged violation of an after hours sale of beer. The recommendation from the Police Department is to send a letter of warning to the license holder. Authority member Renz made a motion, seconded by Authority member Bean to send a letter of reprimand to the license holder, Southland Corp. dba 7-Eleven Store, 1001 Lemay. The Chairman put the motion which was unanimously adopted. Other Business The following items were discussed. 1) The Police Department report is now complete on the new manager for Pelican Pete's Fish Market. Nothing deragatory was found and the file is now ready to be forwarded to the State on the change of corporate owners and manager manager. 2) There will be a transfer of ownership of the Sportsman's Bar, 210 Walnut Street at the next meeting. 3) The Police Department has another violation against the Pine Tavern, an alleged sale to an underaged person. -11- 0 0 4) The Authority discussed a recent show/cause hearing Conducted by the Larimer County Commissioners on a violation at the Horsetooth Inn. 5) The Deputy City Clerk discussed the notice sent to like license holders when a new license application is submitted for consider- ation. The Authority members stated they would like to continue with the procedure.' Adjournment Authority member Bean made a motion, seconded by Authority member Seegmiller to adjourn the meeting. The Chairman put the motion which was unanimously adopted. 1� ATTEST: Deputy City Clerk -12-