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HomeMy WebLinkAboutLiquor Licensing Authority - Minutes - 12/02/19876 0 LIQUOR LICENSING AUTHORITY Regular Meeting - December 2, 1987 6:45 P. M. A regular meeting of the Liquor Licensing Authority was held on Wednesday, December 2, 1987, in the Council Chambers of the Fort Collins Municipal Building. The following members were present: Bullard, Cooper, Morgan, Poncelow, Sommermeyer, Spaulding, and Veazie. (Secretary's Note: Authority member Cooper arrived at approximately 6:50 p.m.) 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. 1. Consider approving the minutes of the re ular meeting of November 4 rrz Authority member Poncelow made a motion, seconded by Authority member Veazie, to adopt the minutes on Consent Calendar. Yeas: Bullard, Morgan, Poncelow, Sommermeyer, Spaulding, and Veazie. Nays: None. Transfer of Ownership for Vicker's at 221 West Prospect and 200 West Horsetooth Road Mr. Jon Stonbraker, attorney representing the applicant, stated that the applicant, Metro Oil Co., is a subsidiary of Total Petroleum and has made application to transfer the beer licenses at both locations. He noted that the applicant holds several licenses throughout the State and has had no violations. In response to a question by the Authority, Mr. Stonbraker stated that employees will probably remain the same. Authority member Veazie made a motion, seconded by Authority member Spaulding, to approve the transfer of ownership for Vicker's at 221 West Prospect and for Vicker's at 200 West Horsetooth Road. Yeas: Bullard, Morgan, Poncelow, Sommermeyer, Spaulding, and Veazie. Nays: None. Jecemoer 2, i93i Transfer of Location Tony's Restaurant and Loun a 224 South Colle a Avenue Charlie Bloom, attorney representing the client, stated the petition circulators are not yet present and requested to table the hearing until later in the meeting. (Secretary's Note: Authority member Cooper arrived at this time.) Show/Cause Hearing Linden's, 214 Linden The Authority received a written request from attorney Zachory Wilson to table the hearing until December 30 due to a scheduling conflict. Authority member Veazie made a motion, seconded by Authority member Poncelow, to table the hearing for Lindens's, 214 Linden, to December 30, 1987. Yeas: Bullard, Cooper, Morgan, Poncelow, Sommermeyer, Spaulding, and Veazie. Nays: None. Show/Cause Hearing Downtown Liquor Mart, 102 West Olive Ms. Collette Johnson, assistant manager, stated the applicant will stipulate to the violation. Authority member Veazie made a motion, seconded by Authority member Morgan, to determine that a violation did occur on October 2, 1987, at Downtown Liquor Mart, 102 West Olive. Yeas: Bullard, Cooper, Morgan, Poncelow, Sommermeyer, Spaulding, and Veazie. Nays: None. Officer Ernie Tellez, was sworn, and stated the establishment has had one violation back in 1983 which resulted in selling alcohol to a minor. Officer Tellez stated the management has been very cooperative in working with him. He added that the employees will be attending one of his upcoming seminars. Explorer Scout James VanHook came forward, at the request of the Authroity, and stated he is 18 years old. The Authority commented that he looked mature for his age. Ms. Collette Johnson, was sworn, and explained that the employee who sold the alcohol was working his last day at the store. She added that she thought the employee didn't care what happened since it was his last day. Ms. Johnson stated that Mr. Whalen, the owner, was not present because he is very ill. -2- December 2, 1987 ` Authority member Veazie made a motion, seconded by Authority embe Poncelow, to issue a letter of reprimand to the establishment. mYeasr Bullard, Cooper, Poncelow, Sommermeyer, Spaulding, and Veazie. Nays: Morgan. Transfer of Location - anu noun e, 4z4 South Colle e Mr. Charlie Bloom, attorney, was sworn and explained that The Greek Connection is moving directly across the street. He explained that the same owners will run the restaurant at the new location. Mr. Bloom noted for the record that one violation occurred approximately three years ago at the existing establishment. The floor plan was submitted and discussed. Mr. Bloom stated the restaurant will operate the same and that the menu will be slightly different. Petitions containing approximately 420 signatures were submitted in favor of the license. Assistant City Attorney Steve Roy commented that those signatures listed with no ages should be disregarded. Mr. Bloom stated that approximately 200 signatures have listed their ages. Because the petition contained no verification of circulator, the following petition circulators were sworn and stated the petitions were circulated only within the designated neighborhood boundaries and that each and every signature was witnessed: Angie Katopodis, 2960 Silverwood Drive, Fort Collins, CO Stephanie Gross, 9045 Risk Canyon Road, Bellvue, CO Cathy Anderson, 3207 Sumac #2, Fort Collins, CO It was noted that a few refused to sign the petition because they oppose drinking. The circulators also stated some of the older people refused to list their age. Authority member Poncelow made a motion, seconded by Authority member Morgan, to approve the transfer of location for Tony's Restaurant and Lounge, 224 South College Avenue. Yeas: Bullard, Cooper, Morgan, Poncelow, Sommermeyer, Spaulding, and Veazie. Nays: None. Authority member Veazie made a motion, seconded by Authority member Cooper,nMorg Morgan,pprove the final Poncelow, Sommermeyer, uSpaulding,rand Veazie. tion as pesented. eaNaysBulNone. Otherness Assistant City Attorney Steve Roy updated the Authority on Liquor appeal. He stated briefs have been submitted and that will be waived. Steve stated Judge Newton should be making within the next few months. -3- the Saddle Up oral argument his decision December 2, 1987 Comedy Works submitted their written report showing the food/liquor ratio for the month of November and copies were distributed to the Authority. In response to a question by the Authority, Steve Roy stated he would research whether door proceeds could be counted as part of the 25% food requirement. Staff reported that surveys were mailed to 156 licensed establishments to poll the licensees on the fine in lieu of suspension procedure. Out of 156 surveys, 19 were returned and 14 stated they favor the procedure. The Authority discussed whether the procedure should be forwarded to City Council for implementation. Authority member Sommermeyer stated he thinks the procedure is too cumbersome and would be a burden to administer. Members Spaulding and Veazie favor the procedure as an alternative to license holders. After some additional discussion, the Authority tabled the matter until Dec. 30 to see if any more surveys are received. The Authority requested staff to submit the floor plans as an exhibit and to be considered as part of the record on all new application hearings. Adjournment Authority member Morgan made a motion, seconded by Authority member Spaulding, to adourn. The Chairman put the motion to vote which was unanimously adopted. The meeting was adjourned at approximately 8:10 p.m. Secretary -4- 11 AM "�� d,�