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HomeMy WebLinkAboutLiquor Licensing Authority - Minutes - 12/13/1978LIQUOR LICENSING AUTHORITY Regular Meeting - December 13, 1978 7:30 p.m. A regular meeting of the Liquor Licensing Authority was held on Wednesday, December 13, 1978, 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 Board members: Bean, Long, Seegmiller and Wilson. Absent: Board member 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 mber 15. 1978. aDDroved as Dublis Authority member Long made a motion, seconded by Authority mem- ber Bean, to approve the minutes of the regular meeting of Novem- ber 15, 1978, as published. The Chairman put the motion which was unanimously adopted. Renewals approved for the following locations: a. Moot House, 2626 S. College b. Catacombs, 115 S. College C. Charley's Cousin, 3400 S. College d. Seven -Eleven, 1001 Lemay e. Shop 'n Go, 1330 W. Elizabeth f. Tico's, 333 W. Drake g. Handi-Pak, 1311 N. College Authority member Long made a motion, seconded by Authority mem- ber Bean, to approve the renewal applications as listed. The Chairman put the motion which was unanimously adopted. Renewal application for Reuben's tabled until later in meeting Since no representative of Reuben's was present, Authority mem- ber Bean made a motion, seconded by Authority member Long, to table this renewal until later in the meeting. The Chairman put the motion which was unanimously adopted. Two final hearings for Walgreen Company continued to January 10, 1979 Authority member Bean made a motion, seconded by Authority mem- ber Long,to continue the two final hearings for Walgreen Company, -1- December 13, 1978 125 S. College and 2265 S. College until January 10, 1979 at the request of their attorney, Gene Fischer. The Chairman put the motion which was unanimously adopted. New 3.2% application accepted for K.G.S. Inc. dba Little Big Men, 2925 S. College Ave. Roy Wittstruck, attorney appeared representing the applicant. Mr. Wittstruck stated that the proposed boundaries of 2,000 in any direction were acceptable to his clients. Authority member Bean made a motion, seconded by Authority mem- ber Long.,to accept the 3.2% application and set the final hear- ing date. for Janaury 10, 1979. The Chairman put the motion which was unanimously adopted. Preliminary hearing on a Hotel -Restaurant license submitted by Round -the -Corner Restaurant, 101 W. Swallow, boundaries established. Chairman Seegmiller read the boundaries as proposed by the administration, which were: North from the subject premises to Stuart extended west to Shields; West from the subject premises to Shields, South from the subject premises to City limits; East from the subject premises to Lemay Ave. extended south to Harmony Road. Authority member Wilson made a motion, seconded by Authority mem- ber Bean, to accept the boundaries as proposed by the administra- tion. The Chairman put the motion which was unanimously adopted. Preliminary hearing on a Hotel -Restaurant license submitted by Armadillo, Inc., 354 Walnut, boundaries established. Chairman Seegmiller read the boundaries as proposed by the admin istration, which were: North from the subject premises to Vine Dr. extended; West from the subject premises to Shields St.; South from the subject premises to Prospect; East from the subject premises to Lemay Ave. extended North. -2- 9 0 December 13, 1978' Authority member Long made a motion, seconded by Authority member Wilson,to accept the boundaries as proposed by the ad- ministration. The Chairman put the motion which was unanimously adopted. Change of corporate structure approved for Godfather's Pizza, 829 S. Shields and 116 E. Foothills Pkwy. Fred Ward, Manager of the Shields Street outlet, appeared to explain the change noting that only one new individual James k Bell, had been added to the corporation. Authority member Bean made a motion, seconded by Authority mem- ber Long to approve the corporate change as described. The Chair -I man put the motion which was unanimously adopted. f Addition of extended hours provision approved for Greek Connection, 249 S. College and J. C. Ways and Means dba Lincoln Community Center, 417 W. Magnolia Authority member Long made a motion, seconded by Authority mem- ber Wilson, to approve the addition of the extended hours pro- vision for the Greek Connection. The Chairman put the motion which was unanimously adopted. Authority member Long made a motion, seconded by Authority mem- ber Wilson, to approve the addition of the extended hours provi- sion for the Lincoln Community Center. The Chairman put the mo- tion which resulted in the following vote: Yeas: Authority mem- bers Long, Seegmiller and Wilson. Nays: Authority member Bean. THE MOTION CARRIED 3.2% Special Events Permit approved for Student Center, Colorado State University for April 20 1979 Chairman Seegmiller asked that the record show he did not vote on this item. Missy Sears, president of Student Center Board for Colorado State University, explained that this permit was for the free outdoor concert for College Days, April 20, 1979. She gave background information about College Days events of past years and briefed the Authority on their plans for this year's event. Authority member Wilson made a motion, seconded by Authority mem- ber Long, to approve the Special Events Permit for the Student Center Board. The Chairman put the motion which resulted in the following vote:. Yeas: Authority members Long and Wilson. Nays: Bean. (Chairman Seegmiller did not vote on this issue). -3- December 13, 1978 Final hearing on a Beer and Wine license for Delfannie's, Foothills Square Shopping Center, license granted Chairman Seegmiller read the hearing procedure at length before proceeding with the two final hearings. Jack Vahrenwald, attorney for the applicant, introduced his clients, Del and Robin Le Blanc, 943 Kingston Dr. Mr. Le Blanc was sworn and explained the circumstances of their move to Fort Collins. He then told the Authority about his back- ground and work experience in restaurant operation. He presented petitions containing approximately 250 signatures in support of his application. The resolution outlining the findings of the preliminary hearing for Delfannie's was read by title only. Authority member Long made a motion, seconded by Wilson, to ap- prove the preliminary resolution as presented. The Chairman put the motion which was unanimously adopted. RESOLUTION NO. OF THE LIQUOR LICENSING AUT}�RM OF FORT COLLINS SETTING FORTH FINDINGS ON A PRELIMINARY HEARING ON A LIQUOR LICENSE APPLICATION WHEREAS, heretofore, Del Le Blanc, doing business as Delfannie's, Foothills Square Shopping Center, Fort Collins, Colorado, made application to the Liquor Licensing Authority for a Beer and Wine License; and WHEREAS, the Liquor Licensing Authority has received reports concern- ing such application, and has held a preliminary hearing on such applica- tion as provided in Rule 3 of the Rules of Procedure of the Liquor Licens- ing Authority. NOW, THEREFORE, BE IT RESOLVED BY THE LIQUOR LICENSING AUTHORITY OF THE CITY OF FORT COLLINS, that the Authority hereby makes the following preliminary findings and determinations concerning this application, subject to the right of any party in interest to present further evidence concerning any of such findings and determinations at the hearing to be held on this application on the 13th day of December, 1978: i -4- December 13, 1978 1. That the subject premises are proper under the ordinances of the City of Fort Collins and the laws of the State of Colorado to be licensed it for the sale of liquor as applied for by the applicant.. 2. That the boundaries of the neighborhood to be served by this applicant are as follows: North from the subject premises to Drake, West from the subject premises to Shields following City Limits; South from the subject premises to City Limits, East from the subject premises to Lemay Avenue extended South to City Limits. 3. That the necessary notice of hearing by publication and by posting of the premises has not been given as provided by law, and the Authority has directed the City Clerk to accomplish said notice prior to the hearing date. f 4. That the applicant is qualified under the ordinances of the City and the laws of the State for the license applied for. 5. That the application is in proper form and will be heard by the ., Authority on December 13, 1978. Passed and adopted at a regular meetir Authority held this 13th day of December, A.D. ATTEST: CC Chairman Z'�' City Clerk -5- of the Liquor Licensing December 13, 1978 Robin Le Blanc, was next sworn and presented the Authority with photos and menus from their Florida establishment. She noted the Fort Collins operation would be similar in design and would serve similar foods. Mr. Vahrenwald next called Terry Larrew, 1309 Lynnwood Dr., who was sworn before stating that he was an assistant vice-president with E.E. Mitchell and Company. He explained the relationship of Mit- chell and Company to the Delfannie's partnership and to the Foot- hills Square Shopping Center. Authority member Long made a motion, seconded by Authority mem- ber Bean,to grant the Beer and Wine license submitted by Delfan- nie's, Foothills Square Shopping Center. The Chairman put the motion which was unanimously adopted. Resolution adopted granting a Beer and Wine license to Bisetti's Restaurant, 120 S. College Ave. The Resolution was read by title only as each Authority member - had been furnished a complete copy with their agenda. FINDINGS AND RESOLUTION OF THE LOCAL LIQUOR LICENSING AUTHORITY OF THE r CITY OF FORT COLLINS, COLORADO, CONCERNING AN APPLICATION FOR A BEER AND WINE LICENSE i The application of Robert J. Bisetti, doing business as Bisetti's Restaurant, 120 South College, Fort Collins, Colorado, for a Beer and Wine license came on for hearing on the l5th day of November, 1978, 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 introd11fed and having. heretefore hold. a preliminary hearing and issued findings in writing on said preliminary. hearing, now makes the following findings: 1. The neighborhood to be served under this application is as defined in the preliminary findings of the Authority. E. 2. Nothing contained in C.R.S. (1973, as amended) Section 12-47-138 prohibits the issuing of a license at the proposed location. December 13, 1978 3. The applicant is of good character and qualified under the Ordi- nances 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 containing substantial numbers of signatures and evi- dence were presented and received at the hearing, indicating a need for the license applied for and, the local licensing authority hereby finds that the reasonable requirements of the neighborhood requires the issuance of the license applied for. The Authority recognizes the other licenses exist in the neighborhood, but hereby finds that an, additional need exists for the license applied for. 6. The building in which the license is to be operated is not now fully constructed; and no license should be issued until the construction is completed in accordance with the plans and specifications submitted by the applicant and the- requirements of the Building Inspector made in conformity with the Ordinances of the City of Fort Collins. RESOLUTION OF THE LOCAL LIQUOR LICENSING AUTHORITY OF THE CITY OF FORT COLLINS, COLORADO, CONCERNING AN APPLICATION FOR A BEER AND WINE LICENSE BE IT RESOLVED by the Local Liquor Licensing Authority of the City of Fort Collins, Colorado, that the application of Robert J. Bisetti, doing business as Bisetti's Restaurant, for a Beer and Wine 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 be issued until the construction of the licensed premises is completed in accordance with the plans and specifications submitted to the Authority and the requirements of the City Building Inspector, and the Authority has received a report from said Building Inspector that said improvements have been completed in accordance with said plans and specifications and the requirements of the Building Inspector. -7- December 13, 1978 Passed and adopted this 13th day of December, A.D. 1978. C airman ATTEST: n I City -Clerk 1 Authority member Long made a motion, seconded by Authority Bean, to adopt the Resolution as presented. The Chairman put the mo- tion which was unanimously adopted. Renewal approved for Reuben's, 214 Linden Authority member Bean made a motion, seconded by Authority mem— ber Long, to approve the renewal of the Tavern license for F & R Ltd. dba Reuben's, 214 Linden, with the provision that Mr. or Mrs. Ramirez appear at the Authority's April meeting to expla%n their plans for reopening the establishment. The Chairman put the motion which was unanimously adopted. Final hearing on a Hotel -Restaurant license submitted by RCP Enterprises dba Goode Taste Crepe Shoppe, 400 E. Olive, license granted RESOLUTION:NO. OF THE LIQUOR LICENSING AUTHOR M OF FORT COLLINS SETTING FORTH FINDINGS ON A PRELIMINARY HEARING ON A LIQUOR LICENSE APPLICATION WHEREAS, heretofore, RCP Enterprises, doing business as Goode Taste Crepe Shoppe, 400 E. Olive, Fort Collins, Colorado, made application f to the Liquor Licensing Authority for a Hotel -Restaurant Liquor License; and December 13, 1978 WHEREAS, the Liquor Licensing Authority has received reports concern- ing such application, and has held a preliminary hearing on such applica- tion as provided in Rule 3 of the Rules of Procedure of the Liquor Licens- ing Authority. NOW, THEREFORE, BE. IT RESOLVED BY THE LIQUOR LICENSING AUTHORITY OF THE CITY OF FORT COLLINS, that the Authority hereby makes the following preliminary findings and determinations concerning this application, subject to the right of any party in interest to present further evidence concerning any of such findings and determinations at the hearing to be held on this application on the 13th day of December, 1978: 1. That the subject premises are proper under the ordinances of the City of Fort Collins and the laws of the State of Colorado to be licensed for the sale of liquor as applied for by the applicant. .2. That the boundaries of the neighborhood to be served by this applicant are as follows: North from the subject premises to Vine; West from the subject premises to Shields; South from the subject pre- . mises to Prospect; East from the subject premises to Lemay following north along City Limits to northern boundary. 3. That the necessary notice of hearing by publication and by posting of the premises has not been given as provided by law, and the Authority has directed the City Clerk to accomplish said notice prior to the hearing date. 4. That the applicant is qualified under the ordinances of the City and the laws of the State for the license applied for. 5. That the application is in proper form and will be. heard by the Authority on December 13, 1978. Passed and adapted at a regular meeting of the Liquor Licensing Authority held this 13th day of December, A.D. 1978 /29 . �_ ATTEST: Chairman �_, City Clerk k ,, December 13, 1978 Authority member Wilson made a motion, seconded by Authority member Long, to adopt the Resolution as presented. The Chair- man put the motion which was unanimously adopted. Paul Valentine, attorney for the applicant introduced Richard Peterson, Jr., 1114 Woodford, who was sworn before explaining his future plans. He noted that he had had requests from cus- tomers to have a full liquor license and presented petitions circulated by his employees in support of his application. John Keenan, 34050 River Road, Steamboat Springs, was sworn and noted that he was the owner of the Goode Taste Crepe Shoppe in Steamboat Springs. He noted that Colorado statute will not permit multiple Beer and [dine license ownership and that since. Mr. Peterson is planning to open another establishment in Boulder,, he needs to convert his Fort Collins restaurant to Hotel -Restau- rant status to be in compliance with the statutes. Assistant City Attorny Deagle noted that the petitions submitted by Mr.. Peterson were not notarized. Authority member Bean.made,a motion, seconded by Authority mem- ber Wilson, to approve the Hotel -Restaurant application submitted by the Goode Taste Crepe Shoppe, 400 E. Olive, subject to the no- tarization of the petitions. The Chairman put the motion which was unanimously adopted. Show/cause hearing for Riverside Kwik Stop,-710 Magnolia, 3 day suspension assessed. Mr. James McBride, executive vice-president of and operator of Riverside Kwik Stop, appeared license. Venta, Inc. owner on behalf of the Pete Ruggiero, Assistant City Attorney, presented the facts of the incident to the Authority and called Karen Schipper, Police Cadet, Fort Collins Police Department as his first witness. Ms. Schipper was sworn and stated that she had been working with Of- ficer Burman on October 2, 1978 at about 4:30 p.m., when they were called on a possible under -age drinking and theft of vehi- cle case. She noted that the two individuals involved,- Jeff Herzman and Ted Knox had made statements indicating that they had obtained the beer from Riverside Kwik Stop. Mr. Ruggiero next called Jeff Herzman, 721 Peterson who was sworn and testified that he had purchased two six-paks of Schlitz beer from Riverside Kwik Stop, 710 Magnolia on October 2, 1978 show- ing only his Fort Collins High School I.D. which showed his cor- rect age to be 17. Mr. Ruggiero submitted Mr. Herzman's I.D. as the City's exhibit #1. -10- December 13, 1978 Mr. Ruggiero's next witness was Ted Knox, 2106 Silver creek Dr., who was sworn before describing his involvement in the incident. He noted that the beer had been purchased at Riverside Kwik Stop. Authority member Long made a motion, seconded by Authority mem- ber Bean,that a violation occurred on October 2, 1978 at River- side Kwik Stop, 710 Magnolia. The Chairman put the motion which was unanimously adopted. Mr. McBride stated that his firm was making an effort to better train their employees and provide them with the correct informa- tion and literature pertaining to I.D. checking procedures. Authority member Wilson made a motion, seconded by Authority mem- ber Bean, to levy a 3-day suspension on the basis of the facts as presented. The suspension is to be 3 consecutive days, not to include Christmas Day, and is to be served prior to December 31 and the premises shall be posted during the suspension. The Chairman put the motion which was unanimously adopted. Adjournment The meeting adjourned at 9:45 p.m. [IVC4v�0.�i'� C�4}IC Deputy City C er -11-