HomeMy WebLinkAboutLiquor Licensing Authority - Minutes - 02/07/1979LIQUOR LICENSING AUTHORITY
Regular Meeting - February 7, 1979
7:30 P.M.
A regular meeting of the Liquor Licensing Authority was held on Wednesday,
February 7, 1979, at 7:30 p.m. in the City Council Chambers of the City
of Fort Collins Municipal Building. Roll call was answered by the
following Boardmembers: Bean, Long, Renz and Seegmiller. Absent: Wilson.
Staff members present: Sgt. Bob Mason, Police Department
Wanda Krajicek, Deputy City Clerk
Don Deagle, Assistant City Attorney
Minutes of the Regular Meeting of
January 17, 1979, Approved as Published
Authority member Renz made a motion, seconded by Authority member Long to
approve the minutes of the regular meeting of January 17, 1979 as published.
The Chairman put the motion which was unanimously adopted.
F Renewals Approved for the Following Locations:
Canino's, 613 S. College Avenue
Beavers, 1100 West Mountain
Safeway, 106 E. Foothills Parkway
Panhandler's, 607 S. Mason
Authority member Long made a motion, seconded by Authority member Renz
to approve the above listed renewals. The Chairman put the motion
which was unanimously adopted.
Renewal Approved for Sam's 162 Linden
Authority member Bean made a motion, seconded by Authority member Renz
to approve the renewal of the tavern license for Sams, 162 Linden. The
Chairman put the motion which was unanimously adopted.
Renewal Approved for Wags 215 Foothills Parkway
Authority member Renz made a motion, seconded by Authority member Long
to approve the renewal of the 3.2% license for Wag s, 215 Foothills Parkway.
The Chairman put the motion which was unanimously adopted.
February 7, 1979
New Application Accepted for a Hotel -Restaurant
License for Legends, 172 N. College Avenue
Authority member Renz made a motion, seconded by Authority member Long
to accept the above application and set the preliminary hearing date
for March 7 and the final hearing date for April 4, 1979. The Chairman
put the motion which was unanimously adopted.
New Application Rejected for a Hotel -Restaurant
License for Benito's Mexican Restaurant,
1035 S. Taft Hill Road
Chairman Seegmiller noted that he felt some discussion was needed on this
item. He read C.R.S. 12-47-107(3) to the Authority as follows:
"No application to have retail liquor store license, liquor -licensed
drugstore, beer and wine license, tavern license, or hotel and restaurant
license at a particular location by or on behalf of the same person shall
be received or acted upon concerning a location for which, within two
years preceding, the appropriate licensing authority has referred to
approve any one of the foregoing types of licenses on the ground, in
whole or in part, that the licenses already granted for the particular
locality were adequate for the reasonable requirements of the neighbor-
hood and the desires of the inhabitants at the time of such refusal."
Deputy City Clerk Wanda Krajicek pointed out that H.B. 1056 (effective
3-16-77) deleted the words "by or on behalf of the same person" from
the above reference.
Assistant City Attorney Deagle noted that he had spoken with the applicant's
attorney and the Attorney General's Office about this issue and that his
office had issued an opinion which would say "that when this matter was
considered a year and a half ago, just through the peculiarities of the
way the Resolution was worded, it says that they feel that that particular
application at that particular time, meaning the tavern license, was
inappropriate. The Attorney General, and we agree with him, has indicated
on the state level, that they are prepared to accept a new application here."
In addition, Mr. Deagle indicated that his office had substantial difficulty
in believing that that certain provision is constitutional. Finally, he
noted that the address had been changed so it's a different location now.
He stated that he had indicated to the applicant that their application
could be received and then be treated in the same manner as any other
application.
Chairman Seegmiller and Authority member Bean noted that they disagreed
that it was a different location.
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Faary 7, 1979
Authority member Renz stated that she felt the Authority "had no choice
but to accept the application" and then made a motion, seconded by
Authority member Long to accept the hotel -restaurant application
submitted by S 6 B, Inc. dba Benito's Mexican Restaurant, 1035 S. Taft
Hill Road. Assistant City Attorney Deagle stated "if we didn't accept
it, the surest course of action would be a district court order
requiring us to accept it."
Chairman Seegmiller stated that he felt the law does exist and somehow
needs to be dealt with whether through court action or other means.
Authority member Bean noted that if the Authority ignored the statute,
then the neighborhood residents and homeowners are forced to demonstrate
once again, just one year later, that they do not desire a liquor license
at that location.
The Chairman put the motion previously made which resulted in the
following vote: Yeas: Authority members Long and Renz. Nays: Authority
members Bean and Seegmiller.
THE MOTION FAILED
New Application Accepted for a 3.2%
Fermented Malt Beverage License for Spring Creek Handi-Foods,
1005 W. Stuart
Authority member Long made a motion, seconded by Authority member Renz
to accept the 3.2% fermented malt beverage license application submitted
by Winfred and Shirley J. Kurtz dba Spring Creek Handi-Foods, 1005 W.
Stuart and set the final hearing date for March 7, 1979. The Chairman
put the motion which was unanimously adopted.
3.2% Special Events Permits Approved
for Office of Cultural Programs, CSU,
for March 3 and March 25, 1979
The Chairman asked that the record show he did not participate or vote
on these two items.
Colleen Jennings, 530 Laporte, Program Coordinator for the Office of
Cultural Programs, CSU, appeared to explain the two events that they
were requesting 3.2% special events permits for. She noted that one
is a country -western concert and the other a big band sound concert.
Authority member Renz made a motion, seconded by Authority member Bean
to approve the two special events permits for the Office of Cultural
Programs as described above. The Chairman put the vote which resulted
in the following vote: Yeas: Authority members Bean, Long and Renz.
Nays: None. (Chairman Seegmiller did not vote or participate)
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Febru,:y 7, 1979
Registration of Manager, Judith Ranten,
Chesterfield, Bottomsley and Potts
Approved
Judith Ranten, 3409 McConnell Drive, Laporte, gave testimony regarding
her background and work experience. She noted that she had been
employed by Ram Pub, Inc. who owns Chesterfield, Bottomsley and Potts
for 3-11'years and had been transferred to Fort Collins from Tacoma,
Washington.
Authority member Bean made a motion, seconded by Authority member Renz
to approve the registration of Judith Ronten as the manager of Chesterfield,
Bottomsley and Potts. The Chairman put the motion which was unanimously
adopted.
Preliminary Hearing on a Hotel -Restaurant License
for Lewis and Clark, 822 S. College Avenue,
Boundaries Approved
The boundaries as recommended by the administration were as follows:
North from the subject premises to Mountain Avenue;
West from the subject premises to Shields Street;
South from the subject premises to Drake;
East from the subject premises to Lemay Avenue.
Joy Lewis, 2401 Dunbar Avenue, was present and stated that the boundaries
were acceptable to her.
Authority member Bean made a motion, seconded by Authority member Long
to approve the boundaries as presented by the administration. The Chairman
put the motion which was unanimously adopted.
Preliminary Hearing on a Hotel -Restaurant License
for Corner Pockets Billiards, 3500 Block of
South Mason Boundaries Approved
The boundaries as presented by the administration were as follows:
North from the subject premises to Drake;
West from the subject premises to Shields;
South from the subject premises to City limits;
East from the subject premises to Lemay Avenue extended.
David Osborn, Attorney representing the applicant Scott-Trang and
Associates, appeared and stated the boundaries as presented by the
administration were acceptable to his clients.
Authority member Renz made a motion, seconded by Authority member Long
to approve the boundaries as established by the administration. The
Chairman put the motion which was unanimously adopted.
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0 * iry 7, 1979
The Chairman read the final hearing procedure at length before proceeding
with the three final hearings.
Final Hearing on a Class "C" 3.2%
License for Gary Lagrone dba the Goldrush,
244 Pine Street, License Granted
Gary Lagrone, 3020 W. Prospect, appeared and introduced Joe Schmidt,
owner of the building. Mr. Lagrone was sworn and spoke of his past
work experience and of his plans for the Goldrush. Mr. Lagrone noted
that he had met with the various inspection offices to discuss what
would be necessary to bring the leased area up to code. He added
that he had hired a contractor to replace the floor, redo the ceiling,
the baseboards and the lighting, reupholster the seats, bring the
plumbing up to code and to work on the ventilation system. New
equipment will also be installed. 'He presented petitions containing
117 signatures that he and his brother had circulated in support of
this application and estimated that he obtained a signature at approxi-
mately 80% of the doors he approached.
Authority member Long made a motion, seconded by Authority member Renz
to approve the 3.2% fermented malt beverage license for Gary Lagrone dba
Goldrush, 244 Pine, contingent upon approval by the Building Inspection
Department and the Fire Department. The Chairman put the motion which
was unanimously adopted.
Final Hearings on Two Class "B" 3.2%
Licenses for Walgreen Drugstore, at
125 S. College and 2265 S. College Avenue,
Licenses Granted
Gene Fischer, Attorney representing Walgreen Company at both locations, and
asked if he could present the evidence on both locations at the same time
to expedite the hearings.
The Authority expressed agreement and asked Mr. Fischer to proceed.
Mr. Fischer's first witness was Max Scott, 1200 Pearl, Suite #303, Boulder,
president of Oedipus, Inc. a Para legal research firm which specializes
in demographic surveys and liquor license surveys. Mr. Scott was sworn
and first presented petitions in support of the 125 S. College Avenue
location. He noted the difference in the petitions circulated by Oedipus
employees and those that were circulated were the counter at the two
stores. He highlighted the manner in which the petitions were circulated
and summarized the findings of each survey. He next presented petitions
containing 610 signatures in support of the 2265 S. College Avenue location.
Mr. Fischer next called Max Hinkle, 2700 Clarmont, manager of the store
at 125 S. College, who was sworn before speaking of his job responsibilities
and plans for implementing the sale of 3.2% beer if the license is granted.
He noted that he was familiar with the liquor laws and the procedures for
checking identifications.
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February 7, 1979
Mr. Fischer's next witness was Dave Lenocker, 2700 Clarmont, manager
of the store at 2265 S. College Avenue. Mr. Lenocker was sworn and noted
that he too, was familiar with the liquor laws of the State of Colorado.
He stated that he had had many requests from tourists to have 3.2% beer
available.
Authority member Bean made a motion, seconded by Authority member Long
to grant the class "B" 3.2% fermented malt beverage license for both
locations (125 S. College Avenue and 2265 S. College Avenue), the
downtown location to be contingent upon the reinspection by the Fire
Department. The Chairman put the motion which was unanimously adopted.
Renewal Approved for a 3.2% License
for Country Store, 830 S. College Avenue
Sgt. Mason gave an oral report on this renewal as it was a last minute
addition to the agenda. He noted that there had been one violation in
the past license year but that the Police Department would recommend
approval of the renewal. He further noted that the license had expired
on February 3, 1979 and that he had advised the licensee that they must
refrain from selling beer until the license is renewed.
Authority member Long made a motion, seconded by Authority member Bean
to approve the renewal for Country Store, 830 S. College Avenue. The
Chairman put the motion which was unanimously adopted.
Show/Cause Hearing Scheduled for February 7, 1979
for Jefferson Market, 622 N. College Avenue
Sgt. Mason gave the details of the incident report for the alledged violations
occurring at Jefferson Market on January 19, 1979. The two juveniles
involved in the incident indicated that they had purchased the beer at
Jefferson Market. He requested a show/cause hearing be held to determine
if a violation did occur.
Authority member Bean made a motion, seconded by Authority member Seegmiller
to schedule a show/cause hearing on March 7, 1979 for an alledged underage
sale occurring January 19, 1979 at Jefferson Market. The Chairman put the
motion which was unanimously adopted.
Police Report
Authority members discussed rumors regarding the changes of uti=rs43p-at-
the Golden Spike. Sgt. Mason replied that he would check into the situation.
Authority member Renz made a motion, seconded by Authority member Bean to
authorize Sgt. Mason to issue a summary suspension of their hotel -restaurant
license if he finds them to be operating in violation of the liquor laws
regarding the availability of meals during hours of operation. The Chair-
man put the motion which was unanimously adopted.
IM
FqO ry 7, 1979
Resolution Adopted Granting a
Hotel -Restaurant License to Round -the -Corner
Restaurant, 101 W. Swallow
The Resolution was read by title only as each Authority member had
received a copy with their agenda. Authority member Long made a
motion, seconded by Authority member Seegmiller to adopt the
Resolution as presented. The Chairman put the motion which was
unanimously adopted.
Authority member Long made a motion, seconded by Authority member
Seegmiller to adjourn the meeting. The meeting adjourned at 9:15 p.m.
ATTEST:
Deputy City Clerk
Chairman
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