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HomeMy WebLinkAboutLiquor Licensing Authority - Minutes - 01/04/19840 LIQUOR LICENSING AUTHORITY Regular Meeting - January 4, 1984 7:30 P.M. A regular meeting of the Liquor Licensing Authority was held on Wednesday, January 4, 1984, in the Council Chambers of the City of Fort Collins Municipal Building. Roll call was answered by the following members: Bujack, Long, Monaghan, Sheahan, Veazie and Wilson. Authority members Absent: Acott. Staff Members Present: Debbie Caster, City Clerk's Office Ken Frazier, City Attorney's Office Frank Russell, Police Department Minutes of the Annual Meeti Approved as of December 7, 1983, blished Authority member Long made a motion, seconded by Authority member Bujack, to approve the minutes of the annual meeting of December 7, 1983. The Chairperson put the motion with the following votes: Yeas: Bujack, Long, Monaghan, Sheahan, Veazie and Wilson. Nays: None. Show/Cause Hearing Ace Liquors, 200 East Mountain Avenue Mr. Steve Francis, attorney representing the applicant, stated his client does not stipulate to the fact that liquor was sold to an intoxicated person. Assistant City Attorney Ken Frazier called Officer Ernie Tellez to the stand. Officer Ernie Tellez was sworn and stated he is a police officer for the City of Fort Collins. City's Exhibit 1 was submitted and identified as Officer Tellez's police report. Officer Tellez stated that on October 13, 1983, at approximately 6:30 p.m. he was patrolling the vicinity of Walnut and Linden Streets. He stated he observed the victim, Mr. Sam Weitzel, drop a box of bottles as he was crossing the street. The box contained bottles of beer, liquor and soft drinks. Officer Tellez stated he con- tacted the victim and asked him to pick up the broken glass. At this time, Officer Tellez stated Mr. Weitzel appeared extremely intoxicated. He -2- January 4, 1984 stated Mr. Weitzel was staggering to the point where he used the wall to help keep his balance. Officer Tellez stated he told the victim to go home, which was 1/2 block away. He stated he was then called away on another duty which took approximately 5-8 minutes. After that short period of time, Officer Tellez testified that he saw Mr. Weitzel leaving Ace Liquors with a sack in his hand. Once again, Officer Tellez stated he made contact with the victim and discovered that a bottle of whiskey had been purchased from the store. This bottle was identified as a 1.75 liter of Windsor Supreme Canadian Whiskey. Officer Tellez explained that he had Mr. Weitzel perform some roadside maneuvers which led him (Officer Tellez) to believe that Mr. Weitzel was intoxicated. In addition, Officer Tellez testified that the victim had a strong odor of alcohol on his breath, had bloodshot eyes, staggered while he walked and spoke with slurred speech. In response to a question, Officer Tellez stated he feels he is qualified to identify an intoxicated person because he has attended classes specifically designed for identifying intoxicated people. He also stated he is currently the D.U.I. officer. At this time, Officer Tellez stated he entered Ace Liquors with the bottle of whiskey. He contacted the salesperson, Yang Sung. Mrs. Sung told Officer Tellez that she did not feel that Mr. Weitzel was intoxicated. He stated Mrs. Sung stated in their conversation that she did not know there was a law against selling to an intoxicated person. She explained to Officer Tellez that she was being trained by Vincent Chung. Officer Tellez stated Mr. Chung and another individual tried to talk him out of issuing a summons. He stated Mr. Chung attempted to take the bottle of whiskey away from him. Officer Tellez reported that he requested another officer for assistance. It was noted that Sgt. Chuck Murphy assisted at the scene. In response to a question, Officer Tellez stated Mr. Chung was behind the front counter training the cashier, or store clerk. In closing, Officer Tellez stated the people in the store were uncooperative. Mr. Steve Francis called Mr. Charles Monroe to the stand. Mr. Charles Monroe, 222-A Linden, was sworn, and stated he has been ac- quainted with Sam Weitzel for 15 years. Mr. Monroe stated that Mr. Weitzel died on October 29, 1983. He went on to explain that Mr. Weitzel was in a car accident some time ago and has had a funny walk ever since. He des- cribed Mr. Weitzel as a very large man who walked with a wobble and always seemed to be out of breath. Mr. Monroe stated he feels that some people who did not know Mr. Weitzel could think he was intoxicated due to the way he walked. Mr Monroe stated he saw Mr. Weitzel on October 13, 1983, at approximately 7:30 p.m. He stated Mr. Weitzel told him about dropping a box of beverages and that an officer caught him. He went on to say that he could tell that Mr. Weitzel had had a few drinks because he could smell f i -3- January 4, 1984 alcohol on his breath. However, Mr. Monroe stated he would not have considered Mr. Weitzel to be intoxicated. In response to a question, Mr. Monroe testified that he did not feel that Mr. Weitzel could pass any roadside maneuver test even when he was sober. Mr. Monroe added that he has seen Mr. Weitzel in worse condition than the evening of October 13, 1983. Ms. Amelia Krenning was sworn and stated she currently lives in Loveland. Ms. Krenning stated she saw Mr. Weitzel on October 13, 1983, at approxi- mately 7:00 p.m. She stated she had known Mr. Weitzel for only 4 months. Ms. Krenning testified that Mr. Weitzel wobbled when he walked. On the evening of the 13th, Ms. Krenning stated Mr. Weitzel told her the whole story regarding the incident with the police officer. She stated she did not feel Mr. Weitzel was intoxicated, nor did she smell alcohol on his breath. She stated she had never seen Mr. Weitzel intoxicated. Mr. Francis called Ms. Sung Jang to the stand. Mrs. Sung Jang was sworn and stated she and her husband, Mr. Soo Jang, are the current managers of Ace Liquors. She explained that she started training for the job on October 9, 1983. Ms. Jang stated she knows it is illegal to sell to an intoxicated person. Ms. Jang testified that she had seen Mr. Weitzel prior to the 13th of October and stated he had always walked with a totter. Mrs. Jang went on to explain that on the 13th of October, Mr. Weitzel picked up a bottle of whiskey and brought it to the counter. When she was unable to find the price, Vincent Chung started to look up the price. As it turned out, Mr. Weitzel told them how much he had paid for the whiskey in the past and the sale was made. Mrs. Jang stated she was 2-3 feet apart from Mr. Weitzel. She noted that she did not smell alcohol on his breath nor did she notice any slurred speech. Mrs. Jang stated Mr. Weitzel did not appear to be intoxicated. In response to questions by Mr. Frazier, Mrs. Jang stated the price of the whiskey was $12.99 plus tax. She ex- plained that Mr. Vincent Chung holds a lien on the business from his previous ownership. She stated in Mr. Lee's absence, Mr. Chung is training her and her husband to run the business. Mr. Francis called Mr. Bryan Lee to the stand. Mr. Bryan Lee was sworn and stated he is the current license holder for Ace Liquors, 200 East Mountain Avenue. Mr. Lee stated he lives in Washington and is studying ministry. He stated he desires to get out of the liquor business. He explained that he originally entered into a purchase agree- ment with Mr. Seo but is now negotiating a sale with the Jang's. Assistant City Attorney Ken Frazier called Officer Tellez back to the stand. Officer Tellez stated he saw Mr. Weitzel approximately 1 week after GZ January 4, 1984 the incident on the 13th. At that time, Officer Tellez stated it did not appear that Mr. Weitzel wobbled or limped as he walked. In reference to his conversation with Mrs. Jang at the store, Officer Tellez stated he thought she understood him when he advised her it is illegal to sell to intoxicated persons. Again, Officer Tellez stated Mrs. Jang said she was not aware that there was a law against selling to intoxicated people on the evening of the 13th. Boardmember Monaghan made a motion, seconded by Boardmember Long, to determine that a violation occured at Ace Liquors, 200 East Mountain Avenue, on October 13, 1983. Boardmember Bujack stated he is very concerned with the fact that the officer did not escort Mr. Weitzel home. He also stated the issue at hand involves the livelihood of many people. Boardmember Sheahan stated he feels confusing testimony has been given. Assistant City Attorney Ken Frazier presented arguments on behalf of the City. He stated the issue before the Authority is the statute which states it is unlawful for any person to sell, serve or give away alcohol to a visibly intoxicated person, not the fact that the officer did not take Mr. Weitzel home. He stressed the fact that Officer Tellez has had extensive background and training in the observation and enforcement of the City codes including intoxicated people. He stated the Authority needs to decide, based on the testimony given, whether a sale was made to an in- toxicated person. Mr. Frazier then proceeded to brief the facts of the testimony given. Mr. Steve Francis presented argument on behalf of the licensee. He stated the issue is whether or not Mr. Weitzel appeared intoxicated to Mrs. Jang at the time of the purchase. He stated the person selling the liquor determines whether or not someone is visibly intoxicated. Mr. Francis reminded the Authority that Mrs. Jang testified that Mr. Weitzel had not appeared intoxicated to her. He then reviewed the facts given during the testimony of Mr. Monroe and Ms. Krenning. In closing, Mr. Francis stated he does not feel it is sufficient to punish the licensee when there is conflicting testimony and the evidence is questionable as to whether Mr. Weitzel was intoxicated. Assistant City Attorney Ken Frazier pointed out that a certain period of time passed between the time Mr. Weitzel saw Officer Tellez and the time Mr. Weitzel saw Mr. Monroe and Ms. Krenning. Boardmember Monaghan stated the victim was seen staggering, using the wall for assistance, and unable to pass the roadside tests. In addition, he stated the officer has given testimony that he feels the victim was stag- gering as opposed to wobbling due to a physical handicap. f -5- January 4, 1984 Boardmember Wilson stated she feels Officer Ernie Tellez is qualified in detecting an intoxicated person. The previous motion was put to vote as follows: Yeas: Long, Monaghan and Wilson. Nays: Bujack, Sheahan and Veazie. THE MOTION DID NOT CARRY. The Board determined that no violation occurred. Show/Cause Hearing Sportsman Bar, 210 Walnut Assistant City Attorney Ken Frazier stated the licensee is willing to stipulate to the facts contained in the police report. Ken went on to brief the Authority of the facts contained in the report. He stated that on November 25, 1983, at 1:45 a.m., the Police Department was requested to walk through the Sportsman Bar, 210 Walnut. During the inspection, Officer Dan Preller noticed the bartender, Ms. Vickie Slater, was intoxicated and unable to properly run the establishment. It was noted that the Police Department is recommending a 2-day suspension. Mr. Cliff Holtcamp, owner, stated he agrees to stipulate to the facts contained in the police report. Authority member Bujack made a motion, seconded by Authority member Veazie, to determine that a violation did occur at the Sportsman Bar, 210 Walnut. Yeas: Bujack, Long, Monaghan, Sheahan, Veazie and Wilson. Nays: None. Mr. Cliff Holtcamp, owner, was sworn. He explained that he had originally intended to close on Thanksgiving Day but a part-time employee, Vickie Slater, asked if she could open the bar on the 25th and work for the extra money. He stated he agreed to let her work. Mr. Holtcamp stated he has fired Ms. Slater and apologized to the Authority for her actions. Mr. Holtcamp stated he feels a two-day suspension would be too harsh. In response to a question by the Board, Mr. Holtcamp stated it is his policy to let his employees have an occasional drink while on duty. Boardmember Long stated he feels there is lack of control over employees at the Sportsman Bar. Mr. Holtcamp stated he feels he has trained his employees on the laws. He added that he fires any employee who breaks the law. Authority member Bujack made a motion, seconded by Authority member Veazie, to suspend the license for two consecutive days within the next 30 business days at the convenience of the owner and that the premises be posted. -6- January 4, 1984 Authority member Sheahan requested that the newspaper print an article regarding the violation at the Sportsman Bar and the action taken by the Authority. The motion was put with the following votes: Yeas: Bujack, Long, Monaghan, Sheahan, and Veazie. Nays: Wilson. Change in Trade Name Cason's Corner. 622 North Colleqe Avenue Mr. Jeff Cason, owner, stated he has changed the trade name from Jefferson Market to Cason's Corner since his ownership of the store. He stated he felt the establishment previous to his had a bad reputation. Mr. Cason explained that he has added a full service meat department but that no other changes will occur. Authority member Long made a motion, seconded by Authority member Bujack, to approve the change in trade name to Cason's Corner, 622 North College Avenue. Yeas: Bujack, Long, Monaghan, Sheahan, Veazie and Wilson. Nays: None. New Application Accepted for a 3.2% Fermented Malt Beverage License, Class B, for Jack-n-Deb's Little Mart, 800 North College Avenue The boundaries as proposed by the Administration were as follows: North from the subject premises to Willox Lane and City limits. West from the subject premises to Washington to Wood to City limits. South from the subject premises to Mountain Avenue. East from the subject premises to Lemay Avenue. Mr. & Mrs. Cromer, owners, stated the boundaries are acceptable. Authority member Long made a motion, seconded by Authority member Bujack, to accept the new application, to accept the boundaries as proposed and set the final hearing for February 1, 1984. Yeas: Bujack, Long, Monaghan, Sheahan, Veazie and Wilson. Nays: None. New Application Accepted for a Hotel -Restaurant License for University Plaza Holiday Inn. 1600 Center Avenue Authority member Long made a motion, seconded by Authority member Bujack, to accept the new application and set the preliminary hearing for February 1, 1984, and the final hearing for February 29, 1984. Yeas: Bujack, Long, Monaghan, Sheahan, Veazie and Wilson. Nays: None. 0 -7- Change of Location Ace Liquors, 238 East Mountain Avenue January 4, 1984 The boundaries as proposed by the Administration were as follows: North from the subject premises to Hickory Street, extended east to Conifer Street. West from the subject premises to Shields Street. South from the subject premises to South Drive extended east to University extended east to East Elizabeth. East from the subject premises to Lemay Avenue and City limits. Mr. Steve Francis, attorney representing the applicant, stated the boun- daries are acceptable. Authority member Monaghan made a motion, seconded by Authority member Bujack, to accept the boundaries as proposed for Ace Liquors, 238 East Mountain Avenue. Yeas: Bujack, Long, Monaghan, Sheahan, Veazie and Wilson. Nays: None. Mr. Francis suggested that if the Authority had any questions of Mr. Lee that they ask him while he is present in Colorado this month. Mr. Bryan Lee, owner, was sworn and explained Mr. Vincent Chung's involve- ment with Ace Liquors, as requested by the Authority. He stated Vincent Chung holds a lien on the property. He stated Vincent is not a paid employee. He also stated Vincent does not do the bookwork for the busi- ness. Mr. Lee explained that he was unable to find anyone to train the Jang's in his absence so he allowed Mr. Chung to do so. In response to a question by the Authority, Assistant City Attorney Ken Frazier stated a mortgage holder (Mr. Vincent Chung) would not have any ownership rights to property. Authority member Wilson stated she does not feel Mr. Chung is qualified to train new owners on the liquor laws on the basis of his previous record of liquor law violations. Assistant City Attorney Ken Frazier inquired of how Mrs. Jang and her husband purchased the business. Mrs. Jang stated she and her husband entered into an agreement to purchase the business in September, 1983. She explained that they were made aware of the sale through Mr. and Mrs. Seo. She went on to say that Mr. Chung has been present nearly every day since September but simply trains her to run the store. Mrs. Jang stated she and her husband have no financial obligations to Mr. Chung. It was noted, however, that the building at 238 East Mountain Avenue is owned by Mr. Chung. -8- January 4, 1984 In response to a question by Attorney Ken Frazier, Mr. Bryan Lee, owner, stated he originally met Mr. Seo (the previous manager) through his busi- ness in Denver. Mr. Seo was wanting to get into his own business so Mr. Lee stated he allowed him to purchase his business. At the time Mr. Seo's deal fell through, Mr. Seo introduced Mr. Lee to the Jang's. Mr. Lee stated he met Mr. Vincent Chung through his business, formerly Lee's Pantry, where he previously held a 3.2% beer license. Registration of Manager Sea Galley, 100 West Troutman Parkway Mr. Bruce Tucker, was sworn and stated he is applying for general manager at Sea Galley. He spoke briefly of his work background which consisted primarily of construction. In 1982, he stated he was employed by Sea Galley. Mr. Tucker explained that he started as a bartender and has worked his way up to general manager. Mr. Tucker stated he and his family desire to settle in Fort Collins and become more involved in the community. In response to a question by the Authority, Mr. Tucker stated he was employed by Sea Galley when he was arrested while under the influence and charged with two hit and run accidents. It was noted he was arrested twice in December of 1983 for driving under the influence. Mr. Tucker stated he has had some difficulty with his personal life. He assured the Authority that his drinking problems are nearly resolved and that he is earnestly working to improve himself. He stated he does not want to jeopardize his position at Sea Galley and will see to it that he uses good judgment to do a good job. In addition, he stated his behavior is the utmost best in front of his employees. Mr. Monaghan stated the Authority is responsible for approving a manager who has a high degree of respect for the liquor laws of the State of Colorado. Based upon the background information provided to the Authority, Mr. Monaghan stated he feels Mr. Tucker does not have a high degree of respect for the laws and feels Mr. Tucker could have difficulty in en- forcing the laws. Authority member Monaghan made a motion, seconded by Authority member Bujack, to deny the registration of manager for Bruce Tucker at Sea Galley, 100 West Troutman Parkway. Mr. Dan Smith, District Manager for Sea Galley, was sworn and stated he is Mr. Tucker's supervisor. He stated he has recommended that Mr. Tucker be promoted to general manager. He stated, however, that at the time of his -9- January 4, 1984 recommendation he was not aware of his criminal record. Mr. Smith stated he still recommends Mr. Tucker for general manager on the basis of the high regard employees and guests have for him. He went on to say that Mr. Tucker has a good work record and his job performance is good. He added that he feels Mr. Tucker would be capable of upholding the laws as Sea Galley's representative. The motion was put with the following votes: Yeas: Bujack, Long, Monaghan, Sheahan and Wilson. Nays: Veazie. Mr. Monaghan stated on the Authority's behalf that they would like to see Mr. Tucker continue in his efforts to control the private sector of his life and resubmit his application to the Authority at a later date. Transfer of Ownership Spudworks, 626 South College Avenue Authority member Long made a motion, seconded by Authority member Bujack, to table the hearing to February 1, 1984. Yeas: Bujack, Long, Mongahan, Sheahan, Veazie and Wilson. Nays: None. Transfer of Ownership Pizza Hut, 2631 South College Avenue Mr. Dave Lewis, Director of Operations for Pizza Hut, was sworn and stated the new owners are very experienced with the company. He stated there will be no changes to the business other than ownership. It was noted that all fingerprint cards cleared through the Colorado Bureau of Investigations. Authority member Long made a motion, seconded by Authority member Monaghan, to approve the transfer of ownership from Pizza Hut of America, Inc., to Larimer County Pizza Hut, Inc., dba Pizza Hut, 2631 South College Avenue. Yeas: Bujack, Long, Monaghan, Sheahan, Veazie and Wilson. Nays: None. Police Report Officer Frank Russell requested a show/cause hearing for a violation occurring December 18, 1983, at Friends Saloon, 142 Linden Street. Authority member Long made a motion, seconded by Authority member Sheahan, to determine that there is probable cause and scheduled a show/cause hearing for February 1, 1984. Yeas: Bujack, Long, Monaghan, Sheahan, Veazie and Wilson. Nays: None. -10- January 4, 1984 Officer Frank Russell requested a show/cause hearing for a violation occurring December 8, 1983, at the Moot House, 2626 South College Avenue. Authority member Long made a motion, seconded by Authority member Sheahan, to determine that there is probable cause and scheduled a show/cause hearing for February 1, 1984. Yeas: Bujack, Long, Monaghan, Sheahan, Veazie and Wilson. Nays: None. Adjournment Authority member Long made a motion, seconded by Authority member Bujack, to adjourn. The Chairperson put the motion which was unanimously adopted. The meeting was adjourned at approxim tely 10:25 .m. loy L C airperso Se tary