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HomeMy WebLinkAboutLiquor Licensing Authority - Minutes - 03/09/1977LIQUOR LICENSING AUTHORITY March 9, 1977 Regular Meeting - 7:30 P.M. A regular meeting of the Liquor Licensing Authority was held on Wednesday, March 9, 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: Authority members Bean, Renz, Seegmiller, Stoner and Wilson. Staff Members Present: Sgt. Rcb ert Mason and Deputy City Clerk LaVonne Dowell. Also: Assistant City Attorney Ramsey Myatt. Minutes of the Regular Meeting of February 9, 1977 Approved as Published Authority member Renz made a motion, seconded by Authority member Wilson to approve the minutes of the Regular Meeting of February 9, 1977 as published. The Chairman put the motion which was unanimously adopted. Final Hearing on an application for a Beer and Wine License for Walter Huang dba China Palace, 117 South College Avenue, Tabled LaVonne Dowell, Deputy City Clerk, advised the Authority that,the City Clerk's Office had been in contact with Mr. John P. Gascoyne. We were advised that Mr. Huang's citizenship has not yet been finally approved, and a request was made to table this to the next meeting in April. Authority member Bean made a motion, seconded by Authority member Wilson to table consideration of this item to April 6, 1977. The Chairman put the motion which was unanimously adopted. Final hearing on an application for a Class "C", 3.2% Fermented Beverage license for The Upper Crust, 1012 South College Avenue, license application Approved The Chairman read the rules of procedure at length. Ramsey Myatt, Assistant City Attorney advised the Authority that the application is in proper form, all fees have been paid, the publication has been made and the premises have been posted. Mr. Charles B1oom,Attorney for the applicant,called for his first witness Mr. David Miller, one of the principals in the business known as the Upper Crust, Inc. Mr. Miller was duly sworn by the Court Reporter before giving testimony. Mr. Miller's testimony reviewed his association with Upper Crust, Inc.,the number of Pizza outlets they now operate and familiarity with beer licensing and the rules and regulations regarding the sale of beer. Petitioner's exhibit "A" was presented, being a.petition in support of this application, circulated by Mr. Miller to the residents of the area. Petitioner's exhibit "B" was presented, being a petition in support of this application, signed by customers of the Upper Crust. The signatures were witnessed by Mark Costanzo and David Bauer who are student managers in the Fort Collins Store. Petitioner's exhibit "C" was presented, being a petition in support of this application, circulated by Archie B. Solsky to residents of the area. Petitioner's exhibit "D" was presented, being a petition in support of this application, circulated by Sally Weisser, an employee; signatures were obtained from residents of the area. Mr. Miller stated that there were approximately 462 signatures from residents of the area, 96 signatures from other business owners, and 470 signatures from customers making an approximate total of 1028 signatures in support of this application. After discussion Authority member Renz made a motion, seconded by Authority member Wilson to approve the application for a Class "C", 3.2% Fermented Malt Beverage License for the Upper Crust, Inc. dba The Upper Crust, 1012 South College Avenue. The Chairman put the motion, which was unanimously adopted. Transfer of Ownership of National Food Store, 420 South College Avenue to Kenneth Tryboski, dba, Colony Market, 420 South College Avenue, Approved. The applicant Mr. Kenneth Tryboski, spoke to the Authority regarding - 2- 0 his experience and how he plans to operate the Colony Market. Authority member Stoner made a motion, seconded by Authority member Renz to approve the transfer of ownership of the National Food Store to Kenneth Tryboski, dba The Colony Market, 420 South College Avenue. The Chairman put the motion, which was unanimously adopted. Transfer of ownership from Rex Aden, dba Toot'n Moo to Philip Anthony Hampson, dba Toot'n Moo, 800 North College Avenue, Approved. Mr. Philip Hampson, applicant, appeared before the Authority, reviewed his background, and how he plans to operate and manage the business. Authority member Bean made a motion, seconded by Authority member Stoner to approve the application for transfer of ownership from Rex Aden to Philip Anthony Hampson, dba Toot'N Moog 800 North College. The Chairman put the motion which was unanimously adopted. Transfer of ownership from Larry Duncan to David Dameron, dba Pogo's 1220 West Elizabeth Street, Approved. Mr. David Dameron, applicant, appeared before the Authority, reviewed his background and introduced the manager Chuck McMillen. Authority member Bean made a motion, seconded by Authority member Renz to approve the application for transfer of ownership from Larry Duncan to David E. Dameron, dba Pogo's 1220 West Elizabeth Street. The Chairman put the motion which was unanimously adopted. Special Events Permit submitted by Student Center Board at Colorado State University for April 22 and 23rd, Approved. Mr. Lee Pallansh the President of the Student Group requesting the permit, spoke to the permit and the planning which has been in process. Authority member Stoner made a motion, seconded by Authority member Renz to approve the application for a special events permit submitted by the Student Center Board at Colorado State University. The -3- • Chairman put the motion which was unanimously adopted. Renewal of a Class, "A", 3.2% Fermented Malt Beverage License for Colorado State University Student Center, Approved. The Chairman stated that this is a routine renewal and the Police Department report revealed nothing derogatory and would recommend approval of the application. Authority member Bean made a motion, seconded by Authority member Stoner to approve the renewal application submitted by Colorado State University Student Center for a Class "A", 3.2% Fermented Malt Beverage License. The Chairman put the motion which was unanimously adopted. Alleged violation at Lucky-7, 1201 North College Avenue considered, Show/Cause Hearing scheduled Police Sgt. Mason distributed copies of the police incident report describing alleged violation of after hours consumption to members of the Authority for their review and discussed his request for a Show/Cause Hearing. Authority member Stoner made a motion, seconded by Authority member Bean to schedule a Show/Cause hearing for April 6, 1977, for the purpose of considering a violation at Lucky-7, 1201 North College Avenue. The Chairman put the motion which was unanimously adopted. Alleged violation at Butch Cassidy's, 934 Lemay, considered, letter of reprimand authorized. The Authority reviewed the Police Department report regarding the violation of after hours consumption. Authority member Wilson made a motion, seconded by Authority member Stoner to send a strongly worded letter of reprimand. The Chairman put the motion with following vote. Yeas: Members Seegmiller, Stoner and Wilson. Nays: Members Bean and Renz. -4- 0 Alleged violation at Gene's Tavern, 200 Walnut Street, considered, Show/Cause hearing scheduled. Police Sgt. Mason distributed copies of the Police Department incident report describing an alleged violation of an illegal sale for the Authority to review. Motion was made by Authority member Bean, seconded by Authority member Stoner to schedule a Show/Cause hearing on April 6, 1977. The Chairman put the motion which was unanimously adopted. Report from the Police Department Sgt. Mason advised the Authority of the following: 1) A person, Shelby Schwelke allegedly sold a bottle of liquor to a State of Colorado Liquor Officer from a panel truck. The initial contact was made in Sportsman's Bar. 2) The activities at the Pine Tavern need further investigation. 3) There was another violation at Reuben's involving a sale to an underaged person which will be scheduled for the next meeting. The request from the Police Department would be for a Show/Cause hearing. After a brief discussion Authority member Renz made a motion, seconded by Authority member Stoner to schedule a Show/Cause hearing for April 6, 1977. The Chairman put the motion which was unanimously adopted. 4) Investigation is being made to see if there is a violation at Charlie's Cousin. The license is issued in a single individual name and there is some evidence that there is in fact a corporation operating the establishment. Adjournment Authority member Stoner made a motion, seconded by Authority member Seegmiller to adjourn. The Chairman put the motion which was unanimously adopted. ATTEST: City Clerk -5-