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HomeMy WebLinkAboutLiquor Licensing Authority - Minutes - 12/30/19870 L LIQUOR LICENSING AUTHORITY Regular Meeting - December 30, 1987 6:35 P. M. A regular meeting of the Liquor Licensing Authority was held on Wednesday, December 30, 1987, in the Council Chambers of the Fort Collins Municipal Building. The following members were present: Bullard, Cooper, Morgan, Poncelow, Spaulding, and Veazie. Authority Members Absent: Sommermeyer. Staff Members Present: Debbie Duval, City Clerk's Office Paul Landolt, Police Department Steve Roy, City Attorney's Office Consent Calendar This calendar is intended to expedite the hearings and allow the Authority to spend its time and energy on the more controversial items on a lengthy agenda. Anyone may request an item on this calendar be "pulled" off the Consent Calendar and considered separately. Items pulled by anyone in the audience, the Authority, or staff will be discussed immediately following the Consent Calendar. Items of extreme controversy will be discussed near the end of the meeting under Pulled Consent Items. I. Consider approving the minutes of the regular meeting of December 2 1987. Authority member Spaulding made a motion, seconded by Authority member Bullard, to adopt the minutes on Consent Calendar. Yeas: Bullard, Morgan, Poncelow, Spaulding, and Veazie. Nays: None. Abstain: Cooper. Registration of Manager Comedy Works. #7 Old Town Sguare Suite 114 Authority member Poncelow stated she would abstain from voting on this item since the manager was a former student of hers at CSU. Mr. Richard Batenburg, general manager, spoke briefly of his background and experience in the restaurant/liquor business. Mr. Batenburg stated he became manager of the Comedy Works at the end of November, 1987. In reference to the food service requirements, Mr. Batenburg stated they provide a buffet prior to the show which includes sandwiches, cheeses, and meat trays. He noted the buffet is free. During the show, Mr. Batenburg stated sandwiches are available. December 30, 1987 Authority member Spaulding inquired whether the food is being prepared on the premises. Mr. Batenburg answered in the affirmative. Authority member Cooper made a motion, seconded by Authority member Morgan, to approve the registration of manager for Richard Batenburg at The Comedy Works, No. 7 Old Town Square, Suite 114. Yeas: Bullard, Cooper, Morgan, Spaulding, and Veazie. Nays: None. Abstain: Poncelow. New Application for a Hotel -Restaurant License for B & B's Pickle Barrel, 122-124 West Laurel The boundaries as proposed by the Administration were as follows: North from the subject premises to Cherry St. ext. E. to Willow Street and city limits West from the subject premises to Shields South from the subject premises to Prospect East from the subject premises to Lemay Avenue Mr. Robert Piccaro and Ms. Brenda Smith, officers of the corporation, stated the boundaries are acceptable. Authority member Morgan made a motion, seconded by Authority member Poncelow, to accept the new application, accept the boundaries as proposed, and set the final hearing for January 27, 1988. Yeas: Bullard, Cooper, Morgan, Poncelow, Spaulding, and Veazie. Nays: None. Transfer of Ownership for The Library, 1220 West Elizabeth Mr. Richard Macrum, part owner, stated he and his partner purchased the business from Gary Crites in July. He added that the operation of the business will be the same. He noted that the business will phase out within the next 3 years due to the new law raising the drinking age. Mr. James Conner, part owner, stated he will be on the premises on a daily basis. In response to a question by the Authority, Mr. Conner stated he did not disclose his arrest for DUI in 1984 because he received a deferred sentence and misunderstood how to answer the question on the form. Mr. Conner spoke of training and noted that all ID's are checked at the door. Authority member Poncelow made a motion, seconded by Authority member Spaulding, to approve the transfer of ownership to Conn -Mac, Inc. dba The Library, 1220 West Elizabeth. Yeas: Bullard, Cooper, Morgan, Poncelow, Spaulding, and Veazie. Nays: None. -2- 0 4 December 30, 1987 Transfer of Ownership for Bananas. 3500 South College Avenue Mr. Monty Tsang, owner, stated he is transferring the license from his name to a corporation. He stated the corporation will consist of himself and his wife. Mr. Tsang stated there will be no changes in the operation of the business. Authority member Spaulding made a motion, seconded by Authority member Bullard, to approve the transfer of ownership to Jin Ling, Corporation, dba Bananas, 3500 South College Avenue. Yeas: Bullard, Cooper, Morgan, Poncelow, Spaulding, and Veazie. Nays: None. Show/Cause Hearing for Linden's. 214 Linden Mr. Zachary Wilson, attorney representing the applicant, stated the applicant is willing to stipulate to the violation. Authority member Cooper made a motion, seconded by Authority member Spaulding, to determine that a violation did occur on October 2, 1987, at Linden's, 214 Linden. Yeas: Bullard, Cooper, Morgan, Poncelow, Spaulding, and Veazie. Nays: None. Officer Ernie Tellez, police officer for the city, was sworn and explained the procedure used when conducting compliance checks. Officer Tellez stated the explorer scout was 18 years old at the time of the violation and was not asked to show an ID. He recommended a two-day suspension. Mr. Wilson cross-examined Officer Tellez. Mr. Wilson also cross-examined Mr. Vanhook, the explorer scout. Mr. James Vanhook, was sworn, and stated he has not changed his appearance since the violation. He stated he has no older brother. Mr. Wilson explained that Linden's has attempted to find out where the breakdown occurred. He stated that their doorman claims that he did ask for an ID from Mr. Vanhook. The doorman also stated he recognized Mr. Vanhook as a regular patron from the bar that has been checked frequently and when Mr. Vanhook could not produce an ID, he was allowed to go inside. At the time the waitress served Mr. Vanhook, she assumed he had been checked at the door and did not require any identification. Mr. Wilson stated Linden's has implemented a new policy whereby all ID's will be checked at the door and an ID will also be requested at the time the first drink is served to patrons. He added that management has held employee meetings to discuss the types of picture ID's which are acceptable. Mr. Wilson stated that Linden's has not had a violation in approximately six years. In closing, Mr. Wilson requested that an information sharing type workshop be organized between the Authority, the Police Department, attorneys, and license holders for the purpose of discussing the new drinking age law, -3- December 30, 1987 fake ID's, etc. Authority member Veazie stated that the role of the Authority is not to conduct training classes and pointed out that Officer Ernie Tellez conducts training seminars on a regular basis. Mr. Tom Short, co-owner, was sworn and stated his employees are required to attend Officer Tellez' classes. In response to Authority member Poncelow's remark stating that the students on campus talk of Linden's as an easy spot, Mr. Short denied the rumor and stated he feels their policies are fairly strict. He added that they check ID's for anyone looking under the age of 30. Authority member Spaulding made a motion, seconded by Authority member Cooper, to levy a one -day suspension within the next 30 days on a regular business day at the convenience of the licensee and that the premises be posted. Yeas: Bullard, Cooper, Morgan, Poncelow, Spaulding, and Veazie. Nays: None. Other Business Fine in Lieu of Suspension Procedure At the last hearing, staff reported that out of 158 surveys mailed to all licensed establishments, 2 were returned, 14 responded in favor of the procedure; and 5 opposed the procedure. No additional surveys have been submitted. Authority member Veazie stated due to the low interest that perhaps the procedure should not be implemented at this time. Authority member Bullard stated he favors implementing the new process because it allows the license holder to continue to operate their business without a closure, employees are not unfairly punished by having to close down, and the city continues to collect sale tax revenues when businesses are not shut down. Authority member Spaulding stated she favors the fine in lieu of suspension. Authority members discussed the process. Assistant City Attorney Steve Roy explained that the procedure would be a two-step process. First, the show/cause hearing is conducted and the Authority decides upon a suspension. If the applicant wishes to request a fine in lieu of the suspension, then paperwork is submitted and a fine is compiled based on 20% of the total gross sales that would occur during the period of time the suspension is imposed. He added that the fine cannot be determined until the right of judicial review has passed. Authority member Poncelow stated her concern with the larger corporations, such as the grocery store chains, using the fine procedure when the actual posting of the premises and closing down alcohol sales impacts them more. Other members pointed out that the Authority can make the final -4- 0 0 December 30, 1987 determination on a case by case basis whether a fine is granted instead of a suspension. Authority member Spaulding made a motion, seconded by Authority member Bullard, to prepare an ordinance for City Council review to implement a fine in lieu of suspension procedure to be reviewed by the Authority at their next meeting on January 27, 1988. Yeas: Bullard, Cooper, Morgan, Poncelow, Spaulding, and Veazie. Nays: None. Election of Officers Authority member Morgan made a motion to nominate Peter Bullard as Chairman. Authority member Spaulding seconded the motion. Yeas: Bullard, Cooper, Morgan, Poncelow, Spaulding, and Veazie. Nays: None. Authority member Bullard made a motion to nominate Alice Spaulding as Vice -Chairperson. Authority member Morgan seconded the motion. Yeas: Bullard, Cooper, Morgan, Poncelow, Spaulding, and Veazie. Nays: None. The Authority thanked Mayo Sommermeyer and Bob Veazie for their work and contributions as Chairman and Vice -Chairman for the past year. Police Report Detective Paul Landolt stated that on December 4, 1987, the Police Department conducted a spot compliance check on 12 establishments. The following establishments passed: 1. 7-Eleven - Lemay and Prospect 2. 7-Eleven - West Prospect 3. ShowBiz Pizza 4. Chesterfields, Bottomsley and Potts 5. County Cork 6. Get It and Go 7. Janette's Pharmacy The following establishments failed the compliance check, and Paul requested the Authority to find probable cause and schedule show/cause hearings. I. Johnny's Liquors 2. King Soopers - College Avenue 3. King Soopers - Taft Hill Road 4. Bennigan's 5. Spring Creek Liquors Authority member Bullard made a motion, seconded by Authority member Cooper, to determine probable cause and schedule a show/cause hearing for King Soopers, 2325 South College Avenue and King Soopers, 1015 South Taft Hill Road, on January 27, 1988. Yeas: Bullard, Cooper, Morgan, Poncelow, Spaulding, and Veazie. Nays: None. -5- December 30, 1987 Authority member Bullard made a motion, seconded by Authority member Cooper, to determine probable cause and schedule a show/cause hearing for Johnny's Liquors, Ill West Prospect; Bennigans, 2203 South College Avenue; and Spring Creek Liquors, 1005 West Stuart Street on February 24, 1988. Yeas: Bullard, Cooper, Morgan, Poncelow, Spaulding, and Veazie. Nays: None. Comedy Works Authority member Poncelow suggested that Detective Paul Landoll: check on the Comedy Works to make sure they are preparing food on the premises. Authority member Veazie stated he is concerned that if the establishment is not providing enough food, and someone drank too much without having anything to eat and had an accident on the way home whether the Authority could be sued because they weren't strict enough on the food service. The Authority questioned how the door proceeds are counted as part of the 25% food requirement. Assistant City Attorney Steve Roy stated he advised their manager that half of the cover charges, if used as proceeds from the sale of food, that that half has to be included in their gross sales figure. The other half of the cover charge does not have to be included in the gross figure. In closing, Assistant City Attorney advised the Authority to direct the detective to conduct a follow-up investigation. He added that chances of the Authority being held liable for any personal injury as a result of a drinking and driving accident are slight. Authority member Poncelow made a motion, seconded by Authority member Morgan, to direct Detective Paul Landolt to conduct an investigation with respect to the food service operation at the Comedy Works. Yeas: Bullard, Cooper, Morgan, Poncelow, Spaulding, and Veazie. Nays: None. Adjournment Authority member Spaulding made a motion, seconded by Authority member Morgan, to adjourn. The Vice -Chairman put the motion to vote which was unanimously adopted. The meeting was adjourned at approxi Setre'tary