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HomeMy WebLinkAboutLiquor Licensing Authority - Minutes - 04/04/1979LIQUOR LICENSING AUTHORITY Regular Meeting - April 4, 1979 7:30 P.M. A regular meeting of the Liquor Licensing Authority was held on Wednesday, April 4, 1979, at 7:30 p.m. in the Council Chambers of the City of Fort Collins Municipal Building. Roll call was answered by the following Authority members: Bean, Long, Seegmiller and Wilson. Absent: Renz. Staff Members Present: Sgt. Bob Mason, Police Department Wanda Krajicek, Deputy City Clerk Don Deagle, Assistant City Attorney Minutes of the Regular Meeting of March 7, 1979, Approved as Published Authority member Wilson made a motion, seconded by Authority member Bean to approve the above minutes as published. The Chairman put the motion which was unanimously adopted. Renewals Approved for the Following Locations: Collindale Snack Bar, 1441 E. County Road 40 City Park Nine, 411 S. Bryan Paul's Pizza, 1301 W. Elizabeth China Palace, 117 S. College Greek Connection, 249 S. College Authority member Long made a motion, seconded by Authority member Bean to approve the above listed renewals. The Chairman put the motion which was unanimously adopted. Final Hearing, Legends, Inc., 172 N. College, Tabled to May 2 1979 Authority member Long made a motion, seconded by Authority member Wilson to table the final hearing of Legends, Inc. until May 2, 1979 at the request of the applicant. The Chairman put the motion which was unanimously adopted. New Hotel -Restaurant Application Accepted for University Hilton on W. Prospect Authority member Long made a motion, seconded by Authority member Wilson to accept the new hotel -restaurant application submitted by Unitel, Inc. dba University Hilton, southeast corner of Center and Prospect and to set the preliminary hearing date for May 2 and the final hearing date for May 30. The Chairman put the motion which was unanimously adopted. 0 -2- New 3.22 Application Accepted for Benito's Mexican Cuisine, 1035 S. Taft Hill Road Dave Baumgartner appeared and noted that the 2,000 foot boundaries were acceptable to him. Authority member Bean made a motion, seconded by Authority member Long to accept the new application and set the final hearing date for May 2. The Chairman put the motion which was unanimously adopted. 3.2% Special Events Permit Approved for Historic Old Town on May 5 1979 Steve Ackerman, 639 Hollywood, appeared and explained the details of their plans. He noted that they intended to use the Red Garter parking lot as a beer garden and that several officers would be present to provide security for the area. The event would be held from 9:00 a.m. until 7:00 p.m. on May 5. Authority member Bean made a motion, seconded by Authority member Long to approve the Special Events Permit for Historic Old Town for May 5, 1979. The Chairman put the motion which was unanimously adopted. Resolutions Approved Granting the Following Licenses: Lewis and Clark, 822 S. College - Hotel -Restaurant Corner Pockets Billiards, Mason and Horsetooth - Hotel -Restaurant Spring Creek Handi-Foods, 1005 W. Stuart, Class B,3.2% Fermented Malt Beverage The three Resolutions were read by title only as each Authority member had received a complete copy with his agenda. Authority member Long made a motion, seconded by Authority member Bean to adopt the three Resolutions as presented. The Chairman put the motion which was unanimously adopted. Reuben Ramirez - Nutmeg Pub Reuben Ramirez, 528 Deines Court, appeared at the request of the Authority to explain the changes made at his establishment and to request a change in trade name. He noted that his wife was managing the bar and that the remodeling was as he had described several months ago when he had appeared to request a modification of their premises. Show/Cause Hearing for King Soopers, 1015 S. Taft Hill Road, Verbal Reprimand, Copy of Minutes to File Sgt. Mason called Officer Greg With, Fort Collins Police Department, as his first witness. Officer With stated that on February 10, 1979 he had contacted -3- Michael Durham for a traffic offense in the 300 block of South College. He observed a 6-pak of Miller 3.2% beer on the seat of the car and when questioned, Mr. Durham advised him that he had purchased the beer at King Soopers, 1015 S. Taft Hill Road without having to furnish any proof of age. Officer With noted that he then returned to the King Sooper store with Mr. Durham, where Mr. Durham identified the sales clerk, Lauren Rose, as being the person who had sold him the beer. Scott Honneger, attorney representing King Soopers, appeared and questioned Officer With regarding the incident. Sgt. Mason next called Michael Durham, 2206 Shropshire Avenue, who was sworn and then described the incident occurring on February 10, 1979. Mr. Durham noted that he was 17 at the time of the incident, his date of birth being February 28, 1961. Mr. Honneger called Lauren Rose Melendrez, 318 W. Myrtle, who was sworn and then stated that she had no recollection of selling the beer to Mr. Durham. She also noted that since this incident, she had been notified that another incident of this type will result in her termination. Mr. Honneger next called Eric Larsen, 65 Tejon Street, Denver, a market analyst for King Soopers. Mr. Larsen was sworn and then presented exhibits 1, 2 and 3 which were policy statements and manuals pertaining to the sale of 3.2% beer at King Soopers stores. Mr. Honneger's final witness was Gary Prickett, 12801 Homer Court, Laporte, manager of the store. Mr. Prickett was sworn and stated that he began his duties on February 12 after the incident had occurred. He noted that there have been several meetings with the employees of the two Fort Collins stores to review the 3.2% beer policies to insure all employees are aware of the correct procedures. Authority member Long made a motion, seconded by Authority member Bean to issue a verbal reprimand to the store and to direct that a copy of the minutes of this meeting be placed in the store's file. The Chairman put the motion which was unanimously adopted. Show/Cause Hearing for North College Liquors, 814 N. College, Three Day Suspension Levied, Two Days Suspended, One Day To Be Served at the Discretion of the Owner Ramsey Myatt, attorney representing Michael Bilys, owner of North College Liquors, appeared on behalf of his client. Sgt. Mason called Officer James Gilliam, 1125 First Street, Eaton, Liquor Enforcement Officer, Colorado Department of Revenue, who was sworn before describing the incident occurring February 9, 1979 at North College Liquors. Officer Gilliam stated that he observed a young lady in the store later to be identified as Andrea Meek, purchasing a 6-pak of Michelob and a bottle of wine. -4- He contacted her outside the store and determined her age to be 17 and then accompanied her to the Fort Collins Police Station where her father was contacted and picked her up. He then returned to the store and wrote Mr. Bilys a citation for selling to a minor. Sgt. Mason next called Andrea Meek, 1400 W. Oak, who was sworn and stated that her date of birth was December 15, 1961. She stated that she purchased the beer and wine at North College Liquors and had not been asked for any type of identification. Mr. Myatt called Michael Bilys, 1025 Oxford Lane, owner and manager of the store, who was sworn and stated that he had owned the store nine years. He stated that he did not remember making a sale to Ms. Meek on February 9, 1979 and that he had never received a violation previous to this incident. Authority member Long made a motion, seconded by Authority member Wilson that a violation did occur on February 9, 1979 at North College Liquors. The Chairman put the motion which was unanimously adopted. Authority member Bean made a motion, seconded by Authority member Long to assess a three day suspension of the license, two days to be held in abeyance for the remainder of the license period and served if any further violation occurs, one day to be served at the discretion of the licensee with the notification of that date to the City Clerk's Office. The Chairman put the motion which was unanimously adopted. Authority member Long made a motion, seconded by Authority member Wilson to adjourn the meeting. The Chairman put the motion which was unanimously adopted. The meeting adjourned at 9:30 p.m. Chairman ATTEST: Secretary