HomeMy WebLinkAboutLiquor Licensing Authority - Minutes - 01/03/1990LIQUOR LICENSING AUTHORITY MINUTES
Regular Meeting - January 3, 1990
6:31 p.m.
A regular meeting of the Liquor Licensing Authority was held on Wednesday,
January 3, 1990, in the Council Chambers of the Fort Collins Municipal
Building. The following members were present: Cooper, Crowfoot, Denmark,
Garber, Guerrie, Norton, and Poncelow.
Staff Members Present: John Duval, City Attorney's Office
Rita Knoll, City Clerk's Office
Sandy Gibson, Police Department
Consent Calendar
This Calendar is intended to expedite the meeting and allow the Authority
to spend its time and energy on the important items on a lengthy agenda.
Anyone may request an item be "pulled" off the Consent Calendar and
considered separately. Items pulled from the Consent Calendar will be
considered separately immediately following adopt of the Consent Calendar.
Items of extreme controversy will be discussed near the end of the meeting
under Pulled Consent Items.
3.
Consider aporoval of the minutes of the December 6 1989 regular
meeting.
Report of Change of Corporate Structure for Albertson's, Inc dba
A. Albertson's Food Center #862, 3660 South Mason.
B. Albertson's Food Center #876, 731 South Lemay.
This item represents a change of corporate structure for Albertson's,
Inc., the 3.2% beer licensee for the Albertson's stores in Fort
Collins. Leslie Bock has replaced Minnie Armstrong as secretary of
the corporation.
This change of corporate structure was filed directly with the State
Liquor Enforcement Division, which has issued a new master file letter
indicating the satisfactory results of its background investigation of
the new individual. Approval by the local authority is requested
based upon the State's investigation and acceptance of the reported
changes.
American Drug Stores, Inc., the 3.2% beer licensee for Osco Drug Store
#2199, 112 East Foothills Parkway, is reporting a change of
4.
0 • January 3, 1990
stockholder. American Stores Company now holds 100% of the corporate
stock.
The State Liquor Enforcement Division has issued a master file letter
indicating the satisfactory results of its background investigation of
the corporate officers and directors of American Drug Stores, Inc.
American Stores Company is a publicly -held corporation.
Schrader Oil Company, the 3.2% beer licensee for Schrader's Country
Store #100, 320 North College, is requesting approval of Rodney
Thompson as manager of the establishment. Mr. Thompson was previously
the manager at this location when it was licensed as Scout 66. Mr.
Thompson left that location and has now returned to replace John Howe.
Reoort of Manager for Schrader's Country Store #110, 4524 South
College.
Schrader Oil Company, the 3.2% beer licensee for Schrader's Country
Store #110, 4524 South College, is requesting approval of John Howe as
manager of the establishment. Mr. Howe was previously manager of
Schrader's Country Store #100 at 320 North College. Mr. Howe was
approved by the Authority in September 1988 as manager of the
establishment at 320 North College, which was previously licensed
under the trade name of Scout 66.
Authority member Garber requested Item #4, Report of Manager for Schrader's
Country Store #100, 320 North College, be removed from the Consent
Calendar.
Authority member Garber made a motion, seconded by Authority member Norton,
to adopt and approve all items not removed from the Consent Calendar.
Yeas: Cooper, Crowfoot, Denmark, Garber, Guerrie, Norton, and Poncelow.
Nays: None.
THE MOTION CARRIED.
Report of Manager for Schrader's
Country Store #100, 320 North
College. Tabled to January 31, 1990
Secretary Rita Knoll informed the Authority that the manager for Schrader's
Country Store #100 was not present at this meeting and requested the
Authority table this item to the January 31, 1990 meeting.
Authority member Garber made a motion, seconded by Authority member
Guerrie, to table the report of manager for Schrader's Country Store #100,
320 North College, to January 31, 1990. Yeas: Cooper, Crowfoot, Denmark,
Garber, Guerrie, Norton, and Poncelow. Nays: None.
• January 3, 1990
THE MOTION CARRIED.
Registration of John Strong as Manager of
Sea Galley, 100 West Troutman Parkway, Approved
John Strong, manager, stated he has been the manager at this Sea Galley for
approximately 3 weeks. He indicated that he had been a manager for the Sea
Galley chain for the last 8 1/2 years and noted that there had been no
liquor violations at other Sea Galleys under his management. He explained
that the previous manager transferred to Cheyenne. Mr. Strong stated he
was not familiar with past training practices at the establishment and
described the procedures he intends to use in training employees.
Authority member Cooper made a motion, seconded by Authority member Norton,
to approved John Strong as manager of Sea Galley, 100 West Troutman
Parkway. Yeas: Cooper, Crowfoot, Denmark, Garber, Guerrie, Norton, and
Poncelow. Nays: None.
Registration of Scott Hamilton as Manager of
Jefferson Grill, 200 Jefferson Street, Approved
Scott Hamilton, manager, stated he has been manager since November, 1989.
He noted there were no liquor violations at previous places of employment.
Mr. Hamilton addressed prior liquor -related arrests and outlined measures
taken to correct the problem. He acknowledged that the Authority had
recently approved Rebecca Shannon as manager of the establishment and
stated Ms. Shannon is on maternity leave. He stated stricter guidelines on
the sale of alcohol have recently been enacted at the establishment and
outlined the carding procedures. Mr. Hamilton stated he believes he is an
alcoholic and spoke of his rehabilitation.
Authority member Garber made a motion, seconded by Authority member Norton,
to approve Scott Hamilton as manager of Jefferson Grill, 200 Jefferson
Street. Yeas: Cooper, Crowfoot, Denmark, Garber, Guerrie, Norton, and
Poncelow. Nays: None.
THE MOTION CARRIED.
Report of Manager for Vicker's
#2487, 2025 South College, Approved
Tamara Jean Ruth, manager, stated she has been manager at this location for
approximately 2 months. She stated she has worked at a licensed
establishment in the past, and indicated that there were no violations at
that location during her employment.
• January 3, 1990
Authority member Garber made a motion, seconded by Authority member
Crowfoot, to approve Tamara Jean Ruth as manager of Vicker's #2487, 2025
South College. Yeas: Cooper, Crowfoot, Denmark, Garber, Guerrie, Norton,
and Poncelow. Nays: None.
THE MOTION CARRIED.
Registration of Stuart Neubauer
as Manager of Johnny's Liquor,
111 West Prospect, Approved
Stuart Neubauer, manager, stated he was originally hired as manager of
Johnny's in 1984. He stated the business was sold in 1986, and was
repossessed by the original owners last August at which time he was rehired
as manager. He spoke of the training procedures at the establishment. Mr.
Neubauer indicated he personally meets with each employee to explain the
store's policies, and noted that each employee signs a form acknowledging
that they understand the policies. He indicated that the training has been
upgraded since the liquor violation which occurred in October. Mr.
Neubauer stated there was one violation, under previous ownership, in 1987.
Authority member Garber made a motion, seconded by Authority member Norton,
to approve Stuart Neubauer as manager of Johnny's Liquor, 111 West
Prospect. Yeas: Cooper, Crowfoot, Denmark, Garber, Guerrie, Norton, and
Poncelow. Nays: None.
THE MOTION CARRIED.
Hearing on a Change of Location for
the County Cork Pub, from 2439 South
College to 313 West Drake, Approved
Authority member Crowfoot withdrew from consideration and vote on this item
due to a perceived conflict of interest.
Jake Maas, co-owner of the County Cork, was sworn. He stated the County
Cork has been in its current location for over 8 years. He stated they had
the opportunity to purchase the old Tico's Builidng at 313 West Drake,
which is a larger building with a bigger kitchen, and better parking. He
provided the Authority with menus and indicated that the new location will
allow them to add to the food service. He noted they will serve brunch,
lunch, and dinner. Mr. Maas stated the new location is approximately
one-third larger. He described the remodeling that is taking place at the
new location and noted that the building is designed so that parts of the
building can be closed down when they are not needed. He stated ID's will
be checked as people are served. He spoke of the clientele for the
establishment and noted that they have never had a liquor violation. Mr.
Maas indicated that ID's may be checked at the door during peak times. He
stated he had circulated petitions on behalf of the application.
• January 3, 1990
Assistant City Attorney John Duval indicated that the verifications of
circulation were not attached to the petition pages and stated the licensee
would need to attach the verifications before the petitions could be
admitted into evidence.
Mr. Maas stated the individuals who circulated the petitions were present
in the audience and could correct the problem.
In response to questions from the Authority, Mr. Maas stated he will manage
the establishment himself. He stated the establishment will be run
essentially the same, with an expanded food service. He stated the patio
is enclosed with a 4 1/2 foot concrete wall. Mr. Maas spoke of
architectural changes to the building. He expressed a desire to open at
the new location on March 1, 1990. He stated they have a lease at the
current location until May 1, 1990 and noted they are negotiating an early
release from that lease. He spoke of the petitioning process and noted the
response by the neighborhood residents was very favorable.
Assistant City Attorney Duval noted he had marked several signatures in the
petitions as unacceptable for various reasons, and stated the petitions
were admissible into evidence.
Mr. Maas stated they obtained 438 signatures in support of the request to
change location and 7 signature in opposition. He stated the petitions
were circulated within the neighborhood boundaries and noted that
signatures were not obtained in the establishment.
J. Patrick Carney, 2501 Bradbury Court, was sworn and stated he circulated
petitions on behalf of the application. He stated the main reason given
for signing in opposition was a preference not to change the neighborhood.
Angela Carney, 2501 Bradbury Court, was sworn. She stated some of the
individuals contacted indicated they did not want to get involved and noted
that most individuals were very positive about the move.
Mr. Carney stated there was some confusion on the part of neighborhood
residents about the need to circulate petitions.
Applicant's Exhibits A, B, and C were admitted into evidence and identified
as petitions circulated on behalf of the application.
Shirley Reichenbach, 1313 Glen Haven Drive, requested provisions be made at
the new location for handicapped accessibility.
Mike Griffith, attorney representing Data Lab Management of Fort Collins,
Inc., the owner of the building where the County Cork is currently located,
stated the County Cork has a lease at the current location which runs
through April 30, 1990. He noted Mr. Maas' comments regarding their plans
to move to the new location on March 1. He stated the current lease has a
covenant which states they cannot open a business at another location
within two miles of the present location and that they must maintain the
business at the current location. Mr. Griffith objected to the change of
location if it takes place prior to the close of business on April 30,
Ll
• January 3, 1990
1990. He indicated that the Authority has to consider whether they have a
new location to move to, and stated based upon the provisions of the
current lease, they do not. He offered into evidence a letter of objection
and copies of the lease covenants which he referred to earlier. Mr.
Griffith stated his client and the owners of the County Cork have been
discussing this issue and noted there had been no resolution of the
conflict.
Assistant City Attorney Duval stated that the only parties who may present
evidence for the record are those people who are parties -in -interest. He
stated State statute defines parties -in -interest as being (1) the
applicant, (2) an adult resident of the neighborhood under consideration,
(3) the owner or manager of a business located in the neighborhood under
consideration, and (4) the principal or representative of any school
located within 100 feet of the premises. He stated before Mr. Griffith's
evidence could be admitted into evidence, a determination should be made as
to whether Mr. Griffith's client fits into the definition of
party -in -interest. Mr. Duval stated even if the written objection is not
admitted into evidence, he did not believe the Authority was prevented from
considering Mr. Griffith's argument.
Mr. Griffith stated Data Lab Management's principal office is located at
149 West Harvard, which is within the neighborhood boundaries.
Mr. Duval stated the applicant has to establish that he has the right to
possession of the premises, and that the needs and desires of the
neighborhood residents are not being met. He stated he did not believe Mr.
Griffith was arguing whether the applicant has a right to possession of the
premises, and noted that the application indicates that the applicant has
purchased the property. He stated he believed Mr. Griffith is arguing that
if the applicant moves to the new location, his client may have some legal
right to prevent them from operating at the new location. Mr. Duval stated
he did not believe it was the Authority's function to determine whether the
applicant is able to operate at the new location.
Mr. Griffith argued that the applicant does not have possessory rights to
the use of the liquor license at the new location. He stated the current
lease prevents them from selling at the new location and from closing the
business at the current location. He indicated the current lease is on a
fixed monthly rate.
Authority Cooper made a motion, seconded by Authority member Garber, to
accept the testimony and evidence (marked by the Secretary as Exhibit D)
submitted by Mr. Griffith and that each Authority member give the evidence
whatever weight they feel appropriate. Yeas: Cooper, Denmark, Garber,
Guerrie, Norton, and Poncelow. Nays: None. (Authority member Crowfoot
withdrawn)
THE MOTION CARRIED.
Jake Maas stated their public image was very important and stated they are
willing to prepay their rent so that they can leave the current location.
He spoke of the difficult negotiations and noted the landlord lives in
January 3, 1990
Australia. He stated he believed the petitions demonstrate the needs and
desires of the neighborhood. He stated they will not attempt to operate at
the new location unless they reach an agreement with Data Lab Management.
Authority member Garber made a motion, seconded by Authority member Norton,
to adopt Resolution 90-01 approving the change of location for the County
Cork Pub from 2439 South College to 313 West Drake.
Authority member Cooper stated it appears there is a pending civil issue
here, but stated he did not believe that involved the transfer of the
license. He stated he would support the motion.
Authority member Garber stated he believed this was a civil matter that
does not have any bearing on the needs and desires of the neighborhood. He
stated the landlord has other avenues of recourse other than asking the
Authority not to approve the change of location.
The vote on Authority member Garber's motion to adopt Resolution 90-01 was
as follows: Yeas: Cooper, Denmark, Garber, Guerrie, Norton, and Poncelow.
Nays: None. (Authority member Crowfoot withdrawn)
THE MOTION CARRIED.
Request from Airex International, Inc.,
dba China Dragon Restaurant and Lounge,
1401 West Elizabeth, to Change, Alter, or
Modify the Premises. Modification Not Substantial
Authority member Garber withdrew from consideration and vote on this item
due to a perceived conflict of interest.
Walter Huang, owner, stated the new addition would be used for storage and
kitchen usage. He stated liquor would not be stored in this new addition.
He indicated that the addition would not change the alcohol sales or
service.
Authority member Norton made a motion, seconded by Authority member
Guerrie, to find that the modification of premises at China Dragon
Restaurant and Lounge, 1401 West Elizabeth, is not substantial. Yeas:
Cooper, Crowfoot, Denmark, Guerrie, Norton, and Poncelow. Nays: None.
(Authority member Garber withdrawn)
THE MOTION CARRIED.
Hearing on a New Application for a
3.2% Beer License at Convenience
Plus, 1013 Centre Avenue. Approved
Jon Stonbraker, attorney representing C Plus of Colorado, Inc., asked if
there was anyone present to object to the application.
•
• January 3, 1990
There being an indication from the audience that there was opposition, Mr.
Stonbraker proceeded with his presentation.
Max Scott, Oedipus, Inc., was sworn. He described the petitioning process
used and submitted Applicant's Exhibit A which was identified as a summary
report of the petition results, and Applicant's Exhibits B, C, D, and E
which were identified as petition documents. He summarized the results of
the petition effort, noting that 209 signatures and 9 verbalizations were
obtained in support of the application, and 63 signatures and 5
verbalizations were in opposition to the application. He stated the
resulting 76% in favor of the application was unusually high for a 3.2%
license.
With the consent of the Assistant City Attorney, Applicant's Exhibits A, B,
C, D, and E were admitted into evidence.
Mr. Scott explained that the signatures on the petitions which were marked
with an asterisk indicated that those signatures did not meet necessary
criteria and were stricken from the petitions.
Sandy Von Wedel, C Plus of Colorado, Inc., was sworn. She stated she has
been employed with C Plus of Colorado, Inc. for approximately 12 years and
noted she is a merchandiser, responsible for sales. She indicated she is
responsible for supervising the sale of 3.2% beer at various store
locations. Ms. Von Wedel stated the company is leasing the premises, which
is a convenience store of approximately 2500 square feet. She noted the
store is open 24 hours a day, 7 days a week and stated that the beer
coolers are locked between midnight and 5 a.m. She described the training
program for employees and stated the employees are required to read a
policy manual which includes rules for the sale of alcoholic beverages.
Ms. Von Wedel stated employees are immediately terminated if they violate
the liquor laws and indicated that the company conducts its own "sting"
operation to ensure that employees are complying with the company's carding
policies. She stated it was their policy to card anyone who appeared to be
under the age of 40. She spoke of other licensed outlets within the
neighborhood boundaries.
Applicant's Exhibit F was admitted into evidence and identified as the
policy manual used in training employees.
In response to questions from the Authority, Ms. Von Wedel stated she
anticipates 10% of sales will be beer. She stated 3 doors of the 10-door
cooler will contain beer. She stated employees do not receive a commission
on beer sales.
In response to questions from the Authority, Mr. Stonbraker explained the
structure of the corporation. He stated Julie McClain will be the manager
of the establishment and noted she was present to answer questions from the
Authority.
Shirley Reichenbach, 1313 Glen Haven, was sworn and stated she lives
approximately 1/2 mile from the establishment. She stated she was surveyed
and did object to the 3.2% beer license. She stated she is a member of the
•
January 3, 1990
Commission on Disability which reviewed the building plans for this store
and noted that there was no indication that the company would be requesting
a 3.2% beer license. Ms. Reichenbach spoke of other outlets in the area
and expressed concern about the proximity of the establishment to Moore
Park. She described the vandalism and consumption of beer at the park and
stated she did not believe another beer outlet that close to the park was
warranted.
Mr. Stonbraker recalled Max Scott and reminded him he was still under oath.
Mr. Scott referred to his stat sheets and indicated that 3 individuals were
contacted at 1313 Glen Haven. He stated all 3 individuals indicated they
did not consume alcohol or had an abhorrence for alcohol. He stated the
individuals did not sign the petition in opposition and cited Supreme Court
decisions which state that if an individual does not consume the beverage,
that individual does not have a threshold for need.
Ms. Reichenbach related the contact made by the petition circulator and
stated her objection was not based on the abhorrence of alcohol.
Mr. Stonbraker cited the case of Southland Corporation vs. Westminster City
Council, which stands for the proposition that any testimony as to possible
future events or future contingencies which might occur in the event that a
license is granted is wholly speculative and is not grounds for denying any
license application.
Authority member Garber made a motion, seconded by Authority member Cooper,
to adopt Resolution 90-02 approving the application for a 3.2% beer license
at Convenience Plus, 1013 Centre Avenue.
Authority member Garber thanked Ms. Reichenbach for coming forward, but
stated he believed there was overwhelming support for the license.
The vote on Authority member Garber's motion to adopt Resolution 90-02 was
as follows: Yeas: Cooper, Crowfoot, Denmark, Garber, Guerrie, Norton, and
Poncelow. Nays: None.
THE MOTION CARRIED.
Julieanne McClain, manager of Convenience Plus, stated she has prior
experience with the sale of alcohol and stated she has never worked in a
store that was cited for a violation of the liquor laws. She spoke of the
training that is provided to employees and the carding policies at the
store. She stated there are 6 employees at this store.
Authority member Garber made a motion, seconded by Authority member
Guerrie, to approve Julieanne McClain as manager of Convenience Plus, 1013
Center Avenue. Yeas: Cooper, Crowfoot, Denmark, Garber, Guerrie, Norton,
and Poncelow. Nays: None.
THE MOTION CARRIED.
0 January 3, 1990
Transfer of Ownership of Old Town
Ale House, 25 Old Town Sauare, Approved
Harold Lee Fetters, owner, stated he has been the sole proprieter of the
establishment and stated he is the president of the newly -formed
corporation. He stated the new corporation consists of his wife, his two
sons, and himself. Mr. Fetters stated there would be no changes in the
operation of the establishment and noted the purpose for transfer of
ownership to the corporation was to take advantage of the limited liability
a corporation has. He stated both sons work at the establishment and
indicated that Troy has been previously approved as manager of the
establishment.
In response to questions from the Authority, Troy Fetters addressed Rick
Fetter's criminal history.
Authority member Garber made a motion, seconded by Authority member
Denmark, to approve the transfer of ownership of Old Town Ale House, 25 Old
Town Square, from Harold Lee Fetters to O.T.A.H., Inc. Yeas: Cooper,
Crowfoot, Denmark, Garber, Guerrie, Norton, and Poncelow. Nays: None.
THE MOTION CARRIED.
Other Business
Authority member Poncelow pointed out that Secretary Rita Knoll had
provided the Authority with copies of the 1989 Annual Report and requested
the Authority make a motion to approve the annual report.
Authority member Denmark made a motion, seconded by Authority member
Norton, to approve the 1989 Annual Report. Yeas: Cooper, Crowfoot,
Denmark, Garber, Guerrie, Norton, and Poncelow. Nays: None.
THE MOTION CARRIED.
Authority member Norton requested that the next annual report include
information on establishments that go out of business or forfeit their
liquor licenses.
Authority member Denmark tendered his resignation from the Authority
effective immediately and stated professional commitments do not afford him
the time to devote to Authority matters.
Adjournment
Authority member Garber made a motion, seconded by Authority member Cooper,
to adjourn. Yeas: Cooper, Crowfoot, Denmark, Garber, Guerrie, Norton, and
Poncelow. Nays: None.
• January 3, 1990
THE MOTION CARRIED.
The meeting was adjourned at approximately 8:20 p.m.
�cLt-t4 a. Peh
Chairperso
Secretary