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HomeMy WebLinkAboutLiquor Licensing Authority - Minutes - 12/07/1983i 0 LIQUOR LICENSING AUTHORITY Annual Meeting - December 7, 1983 7:30 P.M. The annual meeting of the Liquor Licensing Authority was held on Wednesday, December 7, 1983, in the Council Chambers of the City of Fort Collins Municipal Building. Roll call was answered by the following members: Acott, Bujack, Long, Monaghan, Sheahan, Veazie and Wilson. (Secretary's Note: Authority member Sheahan arrived at approximately 7:35 P.M. Authority member Veazie arrived at 8:10 p.m.) Staff Members Present: Debbie Caster, City Clerk's Office Ken Frazier, City Attorney's Office Frank Russell, Police Department Minutes of the Regular Meeting of November 9, 1983, Approved as Published Authority member Long made a motion, seconded by Authority member Bujack, to approve the minutes of the regular meeting of November 9, 1983. The Chairperson put the motion with the following votes: Yeas: Acott, Bujack, and Long. Nays: None. Abstain: Monaghan and Wilson. (Secretary's Note: Authority member Sheahan arrived at 7:35 p.m.) Renewal Application for Hotel -Restaurant License Bananas, 3500 South College Avenue Authority member Acott made a motion, seconded by Authority member Bujack, to approve the renewal and requested that City staff send a letter of concern to the applicant regarding the violations which occurred during the past licensing year. Authority member Monaghan stated he feels it would be redundant to send a letter to accompany the renewal since action was taken at the time of each violation. Members Wilson and Sheahan concurred. The motion was put to vote as follows Nays: Monaghan, Sheahan, and Wilson. THE MOTION FAILED. Yeas: Acott, Bujack, and Long. Authority member Monaghan made a motion, seconded by Authority member Long, to approve the renewal for Banana's 3500 South College Avenue. Yeas: Acott, Bujack, Long, Monaghan, Sheahan, and Wilson. Nays: None. -2- December 7, 1983 Renewal Application for a 3.2% Fermented Malt Beverage License Handi Pak, 1311 North College Avenue Authority member Monaghan made a motion, seconded by Authority member Long, to approve the renewal for Handi Pak, 1311 North College Avenue. Yeas: Acott, Bujack, Long, Monaghan, Sheahan, and Wilson. Nays: None. Show/Cause Hearing Cow Paddy, 169 North College Avenue Assistant City Attorney Ken Frazier stated the applicant is willing to stipulate to the facts contained in the police report. Specifically, on October 16, 1983, at approximately 2:43 a.m., Officer Barrett of the Fort Collins Police Department observed an employee of The Cow Paddy drinking a bottle of beer as he was standing near the bar. It was noted that the Police Department is recommending a one -day suspension. Assistant City Attorney Ken Frazier stated that in the past the Police Department has concluded that Regulation 47-110.1(F) of the Colorado Liquor Code means that when an establishment is suspended they are required to close down the entire business. Ken stated the City Attorney's Office feels that the regulation means that liquor sales only shall cease for the suspended period of time and that food sales can be conducted. Ken went on to explain that on November 9, 1983, The Cow Paddy received a one -day sus- pension by the Authority. It was noted that on the day of their closing, The Cow Paddy closed down entirely. On that basis, Ken suggested that in order to be fair and equitable to The Cow Paddy, they should be given credit for the previous suspension they served since both liquor and food sales were closed down. Mr. Pat O'Reilly, owner of The Cow Paddy, stated he stipulates to the fact that the violation did occur. Authority member Bujack made a motion, seconded by Authority member Mona- ghan, to determine that a violation did occur at The Cow Paddy, 169 North College Avenue. Yeas: Acott, Bujack, Long, Monaghan, Sheahan, and Wilson. Nays: None. Mr. O'Reilly stated an employee unauthorized to go behind the bar was basically stealing a beer. He stated he has held employee meetings since the violation to review the liquor laws. Mr. O'Reilly stated he has instructed the bar manager to stay at the bar until all employees have left. Authority member Wilson stated that from her own observations she feels The Cow Paddy is very well run and that Mr. O'Reilly is a conscientious owner. • 0 -3- December 7, 1983 Authority member Bujack made a motion recommending a one -day suspension. However, Mr. Bujack stated he agrees with the attorney in that some relief and compensation is in order due to the fact that the previous suspension resulted in closure of both food and liquor. Therefore, he recommended that the previous suspension apply to this suspension. The motion died due to lack of a second. Authority member Monaghan made a motion, seconded by Authority member Sheahan, to suspend the license for a period of one day to be held in abeyance for six months from this date (December 7, 1983). Authority member Long stated that he feels a stronger penalty should be levied. Authority member Wilson stated that she recognizes a history of a job well done at The Cow Paddy. Authority member Acott stated that she feels the proposed action will help keep the establishment from committing other infractions. The motion was put to vote as follows: Yeas: Acott, Monaghan, Sheahan, and Wilson. Nays: Bujack and Long. Show/Cause Hearing Ace Liquors, 200 East Mountain Avenue The attorney representing the applicant requested a continuance of the hearing based on (1) a personal conflict, and (2) the fact that the crimi- nal charges have not yet been resolved. Assistant City Attorney Ken Frazier stated he has agreed to the continuance based on Mr. Francis' personal conflict. Authority member Long made a motion, seconded by Authority member Sheahan, to grant a continuance of the show/cause hearing to January 4, 1984, and that under no circumstances will the hearing be continued again. Yeas: Acott, Long, Sheahan, and Wilson. Nays: Bujack and Monaghan. Change in Trade Name Cason's Corner (formerly Jefferson Market), 622 North College Avenue The owner was not present at this time. Authority member Long made a motion, seconded by Authority member Acott, to schedule the matter to the end of the meeting. Yeas: Acott, Bujack, Long, Monaghan, Sheahan, and Wilson. Nays: None. -4- December 7, 1983 (Secretary's Note: Authority member Veazie arrived at 8:10 p.m.) Change of Location for a Retail Liquor Store License Ace Liquors, 238 East Mountain Avenue Authority member Long made a motion, seconded by Authority member Bujack, to accept the application and set the preliminary hearing for January 4, 1984, and the final hearing for February 1, 1984. Yeas: Acott, Bujack, Long, Monaghan, Sheahan, Wilson, and Veazie. Nays: None. Special Events License CSU Ski Racing Club - February 10, 1984 - 3.2% Mr. Scott Woodward, events manager, stated the event is being held on February 10, 1984, at the Lory Student Center Ballroom. He explained that the event is basically for fund raising. He stated the activities will involve movies, merchants, live music, food, and beer. In response to a question by the board, Mr. Woodward decided to extend his request from 4 p.m. to 6 p.m. to 4 p.m. to 7 p.m. Mr. Woodward stated security control will be available. He explained that people will be stationed at the door to check for valid ID's. He stated no one will be admitted without proof of age. Authority member Bujack made a motion, seconded by Authority member Long, to approve the special events license for the CSU Ski Racing Club on February 10, 1984, from 4 p.m. to 7 p.m. Yeas: Bujack, Long, Monaghan, Sheahan, Wilson, and Veazie. Nays: None. Abstain: Acott. Registration of Manager Sea Galley, 100 West Troutman Parkway (Secretary's Note: The application for Susan Johnston, general manager has been withdrawn.) Registration of Manager Red Lobster, 3301 South College Avenue Mr. Keith Gillespie, general manager, was sworn and spoke briefly of his background. He explained that he has nine years of experience with Red Lobster. Mr. Gillespie explained that three other managers work with him. He stated everyone shares the responsibility of training the employees. He spoke of employee meetings that are held on a monthly basis. -5- December 7, 1983 Authority member Bujack made a motion, seconded by Authority member Long, to approve the registration of manager for Keith Gillespie of the Red Lobster, 3301 South College Avenue. Yeas: Acott, Bujack, Long, Monaghan, Sheahan, Wilson, and Veazie. Nays: None. Registration of Manager Winston's, 3905 South College Avenue Mr. Jack Smith, general manager, was sworn and spoke of his background. Mr. Smith stated he is responsible for training the employees. He stated employee meetings are held on a weekly basis. Mr. Smith stated these meetings cover how to check for ID's. Mr. Smith also stated that no major changes will occur under his management. Officer Frank Russell stated the prints have cleared through the CBI. Authority member Long made a motion, seconded by Authority member Bujack, to approve the registration of manager of Jack Smith for Winston's, 3905 South College Avenue. Yeas: Acott, Bujack, Long, Monaghan, Sheahan, Wilson, and Veazie. Nays: None. Transfer of Ownership Winston's, 3905 South College Avenue Mr. David Marshall, Vice -President of Winston's Seafood Grille and Bar, Incorporated, was sworn and spoke of his background. Mr. Marshall stated there will be no changes in the restaurant under the new ownership. Authority member Long made a motion, seconded by Authority member Bujack, to approve the transfer of ownership from The Prime Minister, Ltd., to Winston's Seafood Grille and Bar, Incorporated. Yeas: Acott, Bujack, Long, Monaghan, Sheahan, Wilson, and Veazie. Nays: None. Change in Trade Name Cason's Corner (formerly Jefferson Market), 622 North College Avenue Authority member Long made a motion, seconded by Authority member Acott, to table the matter to January 4, 1984. Yeas: Acott, Bujack, Long, Monaghan, Sheahan, Wilson, and Veazie. Nays: None. Police Report Officer Frank Russell requested a show/cause hearing for a violation occurring on November 25, 1983, at The Sportsman Bar, 200 Walnut. -6- December 7, 1983 Authority member Long made a motion, seconded by Authority member Bujack, to determine that there is probable cause and scheduled a show/cause hearing for January 4, 1984. Yeas: Acott, Bujack, Long, Monaghan, Sheahan, Veazie and Wilson. Nays: None. Election of Officers Authority member Monaghan made a nomination, seconded by Authority member Veazie, to re-elect Marty Wilson as Chairperson and Pat Long as Vice -Chair- man. Yeas: Acott, Long, Monaghan, and Wilson. Nays: Bujack, Sheahan, and Veazie. 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 approximately 8:50 p.m. C airper n secretary yam^