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HomeMy WebLinkAboutLiquor Licensing Authority - Minutes - 01/12/19770 January 12, 1977 LIQUOR LICENSING AUTHORITY Regular Meeting - 7:30 P.M. A regular meeting of the Liquor Licensing Authority was held on Wednesday, January 12, 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 Authority members: Bean, Seegmiller, and Wilson. Absent: Authority members Renz and Stoner. Staff Members Present: Lewis and Mason. Also: Assistant City Attorney Ramsey Myatt. Minutes of Regular Meeting of December 15, 1976 Approved as Published Authority member Bean made a motion, seconded by Authority member Wilson to approve the minutes of the regular meeting of December 15, 1976 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 Continued to February 9 1977 Meeting City Clerk Verna Lewis presented the following letter to the Authority: i would like to request that the application of my client, Walter Huang, for a beer and wine license be set aside until further notice from Mr. Huang. The reason for this request is that Mr. Huang has not yet been granted U.S. citizenship, a status which he needs in order to apply for a license. We are hopeful that the granting of his citizenship will occur soon but have not been able to determine a specific date. While we are aware of other possible options, such as securing corporate status, Mr. Huang does not feel this would be an appropriate action at this time. I wish to thank you for the many courtesies that have been shown us so far, I would appreicate being advised as to your decision on the above request. S'ncerely yours, ohn P. Gascoyne Mr. Walter Huang was present and also requested the continuance on his own behalf. Authority member Bean made a motion, seconded by Authority member Wilson to continue the hearing to the next regular meeting of February 9, 1977. The Chairman put the motion which was unanimously adopted. Hearing Continued from December Meeting to Show/Cause Why the 3.2% Fermented Malt Beverage License for Vernie Valdez dba Pine Tavern, 244 Pine Street Should Not Be Revoked or Suspended, Alleged Violation Dismissed Chairman Seegmiller again stated the purpose of the hearing is a show/cause hearing to determine if the 3.2% Fermented Malt Beverage License for Vernie Valdez dba Pine Tavern should be suspended or revoked. Assistant City Attorney Carroll called as the City's witness Ms. Juana Ybarra Proa and explained that the City has procured an interpreter who speaks both Spanish and English and inquired if it would be better for her if the interpreter translated; Ms. Proa indicated that it would. The court recorder administered the oath, first to the translator, who then administered the oath to Ms. Pros, who gave testimony regarding an alleged underage sale to her sister, Miss Lucy Ybarra, and her subsequent request that Officer Cross remove her sister (Lucy Ybarra) from the premises. At the conclusion of Ms. Proa's testimony, Assistant City Attorney Carroll stated he had no further questions. Assistant City Attorney Myatt inquired if Mr. Valdez, the licensee, had any questions of Ms. Proa concerning her previous testimony. -2- i Mr. Valdez did pose questions, then made arguments on his own behalf. The Authority then requested additional testimony from Ms. Proa and Mr. Valdez regarding the testimony given from each on the night in question. Assistant City Attorney Myatt stated the witness could be excused as there were no further questions of her. He then reviewed the notice of hearing letter which states: Dear Mr. Valdez: You are hereby advised that a written complaint has been made to the Fort Collins Liquor Licensing Authority concerning an alleged violation of the Colorado 3.2 Beer Act and the rules and regulations thereof by Vernie Valdez, d/b/a Pine Tavern. Specifically, it is alleged that the licensee has violated C.R.S. 1973, Section 12-46-112(1)(b) (as amended by Senate Bill No. 99, 1976 Legislative Session) by selling 3.2 fermented malt bev- erages to a person under the age of 18 years. Said statute states, inter alia, as follows: "Section 12-46-112. Unlawful Acts. (1) It is unlawful for any person: . . . (b) To sell, serve, give away, dispose of, exchange, or deliver, or to permit the sale, serving, giving, or procuring of any fermented malt beverage, as defined by Section 12-46-103(1), to or for any person under the age of 18 years .." It has been alleged that one of the employees of the Pine Tavern sold 3.2 fermented malt beverage to a minor, under the age of 18 years, on November 6, 1976 at approximately 8:53 p.m. You are further notified that on December 15, 1976 at 7:30 p.m., or as soon thereafter as the matter may come on for hearing in the Council Chambers, Municipal Building, 300 LaPorte Avenue, Fort Collins, Colorado, the Fort Collins Liquor Licensing Authority will hold a hearing and take evidence concerning the alleged violation and determine whether or not your license to sell 3.2 fermented malt beverages shall be revoked, suspended or what other actions, if any, should be taken. You may be present, be heard - and be represented by counsel at said hearing, if you so desire. urs truly, $assay D. �tt, Asaiataat C y Attorney -3- Further, the Colorado Beer Code stated that a minor cannot be on the premises, without a parent or guardian, and the possibility that Mr. Valdez,as he had stated, considered Lucy Ybarra's sister's presence as her guardian in some capacity. Assistant City Attorney Myatt then advised the Authority regarding Regulation No. 7 D. which states: "If the evidence presented at the hearing does not support the charges stated in the notice and order served upon the licensee, but standing alone establishes the guilt of the licensee of a violation of some other law, rule or regula- tion, the licensee shall be permitted to give evidence and statements in defense, explanation and mitigation if then prepared to do so. If such evidence is not then available, but can be obtained by the licensee, the licensee shall state the substance thereof and upon his request the hearing may be recessed for not more than ten days, and shall then continue under the same procedure as though no recess had occurred." The Authority considered the possibility of allowing consumption by an underaged individual. At the conclusion of the hearing, Authority member Bean made a motion that the Authority determine a violation had occurred. The Chairman declared the motion dead for a lack of a second and the alleged violation dismissed. Registration of New Manager at the Moote House, 2626 South College Avenue, Approved City Clerk Verna Lewis stated there is a negative Police Report with a recommendation for approval. Authority member Bean made a motion, seconded by Authority member Wilson to approve the registration of a new manager at the Moote House, 2626 South College Avenue. The Chairman put the motion which was unanimously adopted. Change of Ownership from Glen Gates, dba Thrifty Foods, 1100 West Mountain to Beaver's Inc. dba Beaver's Super Market #3 Approved City Clerk Verna Lewis stated there is a negative Police Report with a recommendation for approval. Mr. Doniphan D. Beavers was sworn by the Court Recorder and gave testimony regarding the operation of the outlet and his involvement in the operation. The Authority cautioned the transferee regarding -4- the need to become familiar with and adhere to the state and local rules and regulations regarding 3.2 outlets. Authority member Bean made a motion, seconded by Authority member Wilson to approve the change of ownership from Glen Gates, dba Thrifty Foods, 1100 West Mountain to Beaver's Inc. dba Beaver's Super Market #3. The Chairman put the motion which was unanimously adopted. Application Accepted from John C. Fowler, dba Moby's Shadow, 829 South Shields for a 3.2% Class A Fermented Malt Beverage License, Hearing Date Scheduled and Boundaries Set City Clerk Verna Lewis read the boundary recommendation of the administration as follows: North from the subject premises to Mulberry Street South from the subject premises to City Park Avenue West from the subject premises to City Park Avenue East from the subject premises to Shields Street Attorney David Osborn requested an enlarged boundary to be: North from the subject premises to Mulberry Street South from the subject premises to Lake extended East from the subject premises to Meridian Street extended to Lake Street West from the subject premises to Bryan The administration concurred with the reasonableness of the above request. Authority member Wilson made a motion, seconded by Authority member Bean to accept the application of John C. Fowler, dba Moby's Shadow, 829 South Shields for a 3.2% Class A Fermented Malt Beverage License, set the boundaries as recommended by Attorney Osborn and set the hearing date as February 9, 1977. The Chairman nut the motion which was unanimously adopted. Renewal of a Beer and Wine License with Extended Hours for Gaton III, Inc. dba Canino's Italian Restaurant, 613 South College, Approved City Clerk Verna Lewis stated this is a routine renewal with a negative Police Report and recommendation for approval. -5- Authority member Bean made a motion, seconded by Authority member Wilson to approve the renewal of a Beer and Wine License with Extended Hours for Gaton III, Inc. dba Canino's Italian Restaurant. The Chairman put the motion which was unanimously adopted. Resolution Adopted Granting a Tavern License to Stephen Ackerman dba Sam's, 162 Linden Street City Clerk Verna Lewis read the resolution by title. _ Authority member Bean made a motion, seconded by Authority member Wilson to adopt the resolution. The Chairman put the motion which was unanimously adopted. 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 Stephen G. Ackerman, d/b/a Sam's, for a Tavern License came on for hearing on the 15th day of December, 1976, 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 Elndiugs in writing on said preliminary hearing, now makes the following findings: I. 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 12-47-139 prohibits the issuing of a license at the proposed location. Iris 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, indi- cating a need for the license applied for and no evidence was presented Indicating that said need does not exist, and the local Licensing Authority hereby finds that the reasonable requirements of the neighbor- hood require the issuance of the license applied for. The Authority reoopniZes that other licenses exist In the neighborhood, but hereby. finds that an additional need exists for the license applied for. 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 Stephen G. Ackerman, d/b/a Sam's, for a Tavern Liquor 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 requirements of the City Building Inspector and the City Fire Department have been met and the Authority has received a report from said Inspectors that said requirements have been met. -7- • Passed and adopted this 12th day of Januarv. A.D. 1977. ATTEST: City Clark Annual Report of Activities for 1976 Adopted as Revised Authority member Bean requested clarification of the "letters of concern," which were sent at renewal time, referring to the operation of the business and not a violation. The Authority reviewed the report in detail. Authority member Wilson made a motion, seconded by Authority member Bean to approve the report with the clarification recommended. The Chairman put the motion which was unanimously adopted. Show/Cause Hearing Date Set to Consider Alleeed Violation at Reuben's. 214 Linden City Attorney Myatt announced that the Department of Revenue will be conducting a show/cause hearing on an alleged violation at Reuben's, 214 Linden. The hearing will be held in the Council Chambers at 10:00 a.m. on January 24, 1977. Adjournment Authority member Wilson made a motion, seconded by Authority member Bean to adjourn. ATTEST: City Clerk -8-