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HomeMy WebLinkAboutLiquor Licensing Authority - Minutes - 10/12/1983C� LIQUOR LICENSING AUTHORITY Regular Meeting - October 12, 1983 7:30 P.M. A regular meeting of the Liquor Licensing Authority was held on Wednesday, October 12, 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. 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 September 14, 1983, Approved as Published Authority member Long made a motion, seconded by Authority member Veazie, to approve the minutes of the regular meeting of September 14, 1983, as published. The Chairperson put the motion with the following votes: Yeas: Acott, Long, Monaghan, Sheahan, Veazie and Wilson. Nays: None. Abstain: Bujack. Renewal Application for Saddle -Up Liquors, 1015 South Taft Hill Road Authority member Long made a motion, seconded by Authority member Bujack, to approve the renewal for Saddle -Up Liquors, 1015 South Taft Hill Road. The Chairperson put the motion with the following votes: Yeas: Acott, Bujack, Long, Monaghan, Sheahan, Veazie and Wilson. Nays: None. Renewal Application for Sports Page, 181 North College Avenue Authority member Long made a motion, seconded by Authority member Bujack, to approve the renewal for Sports Page, 181 North College Avenue. The Chairperson put the motion with the following votes: Yeas: Acott, Bujack, Long, Monaghan, Sheahan, Veazie and Wilson. Nays: None. -2- October 12, 1983 Renewal Application for Quinn's, 3620 South Mason Authority member Long made a motion, seconded by Authority member Bujack, to approve the renewal for Quinn's, 3620 South Mason. The Chairperson put the motion with the following votes: Yeas: Acott, Bujack, Long, Monaghan, Sheahan, Veazie and Wilson. Nays: None. Extended Hours Sports Page, 181 North College Avenue Ms. Mellisa Corr, owner, stated that she would like to have additional hours on Sunday evenings. She explained that the Sports Page sponsors several sports teams and that practices are often held on Sunday evenings. If they had extended hours, Ms. Corr stated they could be open for this business. Authority member Acott made a motion, seconded by Authority member Monag- han, to approve the extended hours for Sports Page, 181 North College Avenue. Yeas: Acott, Bujack, Long, Monaghan, Sheahan, Veazie and Wilson. Nays: None. Change in Trade Name for Nate's Steak and Seafood Place, (formerly Quinn's) 3620 South Mason Mr. Douglas DeMercurio, owner, introduced his son, Nate. He explained that a market survey he conducted indicated people perceive Quinn's as a formal, expensive restaurant. He stated they wanted to change the name to appear less formal and that they wanted to name the restaurant after their son, Nate. Mr. DeMercurio stated no other changes, other than cosmetic, will occur. Authority member Monaghan made a motion, seconded by Authority member Veazie, to approve the change in trade name from Quinn's to Nate's Steak and Seafood Place, 3620 South Mason. Yeas: Acott, Bujack, Long, Monaghan, Sheahan, Veazie and Wilson. Nays: None. Registration of Manager Old Chicago. 147 South Colleqe Avenue Mr. Larry Hennessy, general manager, was sworn and stated he has had 5 years experience with the Old Chicago Concept Restaurant Corporation. He • -3- October 12, 1983 stated he has worked his way up from kitchen manager to general manager. Mr. Hennessy stated he is familiar with the Colorado Liquor laws. He spoke of the employee training procedures he follows as part of the training program at Old Chicago. He noted that he and his assistant managers are responsible for training employees. Authority member Monaghan made a motion, seconded by Authority member Bujack, to approve the registration of manager for Larry Hennessy at Old Chicago, 147 South College Avenue. Yeas: Acott, Bujack, Long, Monaghan, Sheahan, Veazie and Wilson. Nays: None. Final Hearing for a Beer and Wine License for Chef Wang's Chinese Restaurant, 3640 South Mason, Unit 12 The Resolution outlining the results of the preliminary hearing was read by title only. Authority member Long made a motion, seconded by Authority member Bujack, to adopt the Resolution as presented. Yeas: Acott, Bujack, Long, Monaghan, Sheahan, Veazie nad Wilson. Mr. Paul Salas, attorney representing the applicant, called his first witness. Mr. Max Scott, owner of Oedipus, Inc., 2902 5th Street, Boulder, Colorado, was sworn and stated his company conducted the petitioning for this li- cense. He explained how the survey was conducted. Applicant's Exhibit 1 was submitted and identified as a summary report of the petitioning re- sults. Applicant's Exhibit 2 was submitted and identified as three packets of petitions. Based on needs and desires, Mr. Scott stated his survey indicates that 90% of the neighborhood is in favor of the license. Over- all, he stated the survey was very favorable. Mr. Paul Salas submitted Applicant's Exhibit 3 which was identified as a menu. Applicant's Exhibit 4 was submitted and identified as a floor plan. Mr. Chung -Ye Wang, aka Paul Wang, was sworn and spoke of his background. He explained that he is originally from Taiwan. Upon his arrival in the United States, he stated he began cooking. He spoke of establishments where he has worked in the past and of a beer and wine license he held in the State of California. Mr. Wang explained he has opened a Chinese restaurant and is applying for a beer and wine license. He stated he will -4- October 12, 1983 employ his wife, three sons and one cocktail waitress. Mr. Wang stated he will be the supervisor and will be responsible for training all employees on the liquor laws. It was noted that there are only two other beer and wine licenses within the defined neighborhood area. Mr. Wang told the Authority that drinks will be served by the waitress from a waitress station. He stated that his seating capacity is approximately 64. Authority member Monaghan made a motion, seconded by Authority member Bujack, to approve the beer and wine license for Chung -Ye Wang, aka Paul Wang, dba Chef Wang's Chinese Restaurant, 3640 South Mason, Unit 12. Yeas: Acott, Bujack, Long, Monaghan, Sheahan, Veazie and Wilson. Nays: None. Final Resolution on a Beer and Wine License for Chef Wang's Chinese Restaurant, 3640 South Mason, Unit 12 The Resolution was read by title only. Authority member Long made a motion, seconded by Authority member Bujack, to adopt the Resolution as presented. Yeas: Acott, Bujack, Long, Monaghan, Sheahan, Veazie and Wilson. Nays: None. Final Hearing for a Tavern License for Sagebrush Bar and Restaurant, 934 Lemay Avenue (Secretary's Note: Authority member Bujack abstained from voting on this item.) Mr. Doug Konkel, attorney representing the applicant, stated that during the hearing conducted on September 14, testimony was given indicating that no other Taverns exist within the defined neighborhood. In addition, he stated approximately 80% of the neighborhood signed petitions in favor of the license. On the basis of the evidence previously presented, Mr. Konkel requested that the Authority consider making their decision at this time. The Authority requested that the opposition be given an opportunity to speak. Mr. Konkel stated he would allow the opposition to make their presentation first. 9 -5- October 12, 1983 Ms. Karen Hancock, 1416 Emigh, was sworn and spoke in opposition to the license. Ms. Hancock submitted Opponent's Exhibit A which was identified as petitions circulated in opposition to the Tavern license. She stated there are a total of 675 signatures. Ms. Hancock stated she does not want a Tavern to locate within the neighborhood. She pointed out that there are schools in the neighborhood and that this establishment will create addi- tional traffic hazards. Mr. Konkel cross-examined Ms. Hancock. During cross examination, Ms. Hancock stated she signed the petition in opposition because she objects to a Tavern license. She explained how she presented the petitions when she circulated them. Ms. Hancock testified that she would oppose any Tavern license in the neighborhood. Mr. Konkel objected to the petitions, marked as Opponent's Exhibit A, being admitted into evidence on the basis that signatures contained in the petitions are from people who do not reside in the neighborhood area. Assistant City Attorney Ken Frazier stated the petitions submitted as Opponent's Exhibit A contain some streets which fall outside the neighbor- hood boundary. He stated the Authority should give the petition whatever weight they deem appropriate. Mr. Lee Effner, 1417 Emigh, was sworn and inquired of how many people in support of the license also own their homes within the defined neighborhood area. At the Authority's request, no count was taken. Ms. Sylvia Hites, 904 Garfield, was sworn and stated she signed the peti- tion in opposition to the license. Ms. Hites spoke of the schools which are located in the neighborhood area. She went on to say that in order to keep the neighborhood residential, she opposes any business use within the neighborhood, especially a Tavern establishment. Mr. Joe Trlica, 1405 Welch, was sworn and stated there is a traffic hazard when exiting from the parking lot onto Lemay Avenue. He stated it is very difficult to see when pulling out of the parking lot. Mr. Reed Mitchell, 809 East Elizabeth, was sworn and stated he would not be opposed to a Hotel -Restaurant license but that he is opposed to a Tavern license. In response to a question from Mr. Konkel, Mr. Mitchell testified that he would object to any Tavern license in the neighborhood. Ms. Margaret Mitchell, 809 East Elizabeth, was sworn, and stated she would like to have her name removed from the applicant's original petition, submitted on September 14, 1983. -6- October 12, 1983 Mr. Konkel acknowledged Mrs. Mitchell's request and stated that the total number of signatures submitted in favor of the license would be reduced to 609. Mr. John Carlsen, owner and partner of the business, was sworn. Mr. Carlsen stated the hours of operation will be from 7 a.m. to 2 a.m. At 8 p.m., he stated music and dancing will begin. Applicant's Exhibit 4 was submitted and identified as a menu for The Sagebrush. Mr. Carlsen spoke of the entrances into the restaurant and told the Authority of the remodeling they have done. Mr. Carlsen stated the total seating capacity is 178, which includes patio seating. Applicant's Exhibit 5 was submitted and identified as several receipts and documentation of work which has been done at the restaurant. Applicant's Exhibit 6 was also submitted and identified as additional signatures obtained in favor of the license. Approximately 74 signatures were submitted. Mr. Carlsen stated 250 invi- tations for an open house were sent out among the neighborhood and 6 people attended. He explained the purpose of the open house was to discuss the operation of the Sagebrush. Mr. Carlsen pointed out that he and his partner had no prior knowledge that the premises were once licensed as The Sagebrush. Mr. Carlsen went on to say that some people have been concerned with disturbances. He stated in checking the files of past establishments, no history was found in the way of fights, disturbances, violations, etc. Mr. Carlsen stated he is considering hiring a guardian security to be on the premises after 8 p.m. In closing, Mr. Carlsen addressed traffic hazards. He pointed out that their business is zoned as an appropriate use in the neighborhood. Mr. Max Scott, owner of Oedipus, Inc., 2902 5th Street, Boulder, Colorado, was sworn and explained the type of service his firm provides. Mr. Scott explained the survey and its results. Applicant's Exhibit 3 was submitted and identified as the survey. He stated he conducted his survey over the telephone due to the fact that the applicant had already circulated peti- tions within the neighborhood. Mr. Scott gave the breakdown of the phone survey. He stated 74% of the people contacted were in favor of the li- cense. In response to a question by Mr. Konkel, Mr. Scott stated that he feels the neighborhood is not adequately being served by a Tavern license. In closing, Mr. Scott stated that the statistical information obtained is very good. Mr. Doug Konkel requested that the City stipulate to the fact that no other Tavern licenses exist within the neighborhood area. Mr. Konkel submitted an article from The Coloradoan which was marked as Applicant's Exhibit 7. Assistant City Attorney Ken Frazier acknowledged and stipulated to the fact that there are no other Tavern establishments within the defined neighbor- hood area. He added that Applicant's Exhibit 7 was admissible. w -7- October 12, 1983 Mr. Michael Gorgan, 2432 Queens Court, was sworn and stated he is the Vice -President of the Fort Collins Gay and Lesbian Alliance. He stated the article in The Coloradoan was submitted by the Gay and Lesbian Alliance. A written statement y r. Gorgan was submitted and marked as Friend of the Authority's Exhibit 1. Mr. Gorgan stated the organization is in support of the Tavern license. Mr. Harold Wallace, 1817 Lemay Avenue, was sworn. Mr. Wallace stated that he is not gay, opposes the use of alcohol, opposes traffic on Lemay Avenue, and opposes license holders and patrons of establishments who are of low character. Mr. Wallace spoke of his concern with schools in the neighbor- hood. Mr. Wallace informed the Authority that there have been rumors that the Sagebrush will be a gay bar. He stated that he spent an hour at The Sagebrush on a Saturday evening to observe. He reported that he observed no behavior or activity which the opposition should be fearful of. Mr. Wallace stated that he feels many of the people speaking in opposition to the license have covered up their real reasons for opposing. Mr. Wallace stated he feels the gay community in Fort Collins has achieved a positive image. He added that an establishment of this type is needed in Fort Collins. In closing, Mr. Wallace asked the Authority to disregard the prejudices and bigotry of some of the people who have spoke in opposition to the license. Ms. Loretta Ryan, 1304 Lemay Avenue, was sworn and stated she supports the granting of the license. Mr. Jay Dawson, resident of Greeley, Colorado, was sworn. He stated he has served as a Councilmember for 2 years in the City of Rosedale, as well as town clerk for 18 months. Mr. Dawson stated he is gay. He went on to say that he welcomes the establishment. Chairperson Wilson informed Mr. Dawson that testimony is limited to in- terested parties only. Mr. Dawson stated he has been to The Sagebrush and that he has enjoyed the company of well behaved, responsible men and women. Ms. Mary Burns, 1304 South Lemay Avenue, was sworn, and stated she supports a Tavern license for The Sagebrush. Chairperson Wilson requested that everyone in favor of the license stand. A total of 104 people stood. A total of 35 people who are interested parties stood. (Secretary's Note: For this purpose, interested party was defined as a property owner in the defined neighborhood area.) When asked how many people were opposed to the license, a total of 14 people stood. Likewise, 14 people stood as interested parties in opposition to the license. -8- October 12, 1983 Dr. Janet Pipal, 607 Parker, was sworn and stated that in her profession she has counseled many gays. She stated there is a dire need for an estab- lishment of this nature to locate in Fort Collins. Dr. Bob Conlin, 725 East Elizabeth, was sworn. Dr. Conlin stated he circulated petitions within the neighborhood area. He stated the issue was raised as to what the difference is between a Tavern and a Hotel -Restaurant license. Dr. Conlin stated he feels that this is the true reason as to why people are opposed to the Tavern license. Assistant City Attorney Ken Frazier requested the Authority adjourn into executive session for the purpose of discussing legal issues. Authority member Acott made a motion, seconded by Authority member Veazie, to adjourn into executive session. Yeas: Acott, Long, Sheahan, Veazie and Wilson. Nays: Monaghan. Abstain: Bujack. Authority member Monaghan stated that he feels that most of the issues raised during the opposition's testimony were irrelevant. He went on to say that the moral character of the applicants and reasonable needs of the neighborhood clearly show that the license for The Sagebrush should be granted. On that basis, Mr. Monaghan made a motion, seconded by Authority member Veazie, to grant the Tavern license for the Sagebrush Bar and Restaurant, 934 Lemay Avenue. Authority member Long stated that he feels the testimony and petitions submitted clearly show that the needs of the neighborhood are not being met. Authority member Veazie pointed out that the schools in the neighborhood are more than 500 feet from the establishment. He also stated that a Tavern license can legally be issued at 934 Lemay Avenue. Authority member Wilson stated that the Board's decision has to be based on the needs and desires of the neighborhood. She stated she feels that the turnout at the meeting proves that the neighborhood favors the license. The motion was put with the following votes: Yeas: Acott, Long, Monaghan, Sheahan, Veazie and Wilson. Nays: None. Abstain: Bujack. Final Resolution on a Tavern License for Sagebrush Bar and Restaurant, 934 Lemay Avenue The Resolution was read by title only. Authority member Long made a motion, seconded by Authority member Monaghan, to adopt the Resolution as presented. Yeas: Acott, Long, Monaghan, Shea- han, Veazie and Wilson. Nays: None. Abstain: Bujack. -9- October 12, 1983 Final Hearing and Final Resolution for a Retail Liquor Store License for Ace Liquors, 238 East Mountain Avenue Assistant City Attorney Ken Frazier stated that this application has been withdrawn. He noted that the application by Mr. Seo for both transfer of ownership and transfer of location are being withdrawn. Ken went on to say that staff has re -read the statutes and has determined that no one other than the licensed holder should be allowed to transfer location of an establishment. Therefore, Ken stated that Mr. Lee, the licensed holder, will have to apply for any future transfer of location for Ace Liquors. Police Report Officer Frank Russell stated a routine spot compliance check was conducted on September 20, 1983. He reported that the Cow Paddy and the Sports Page were found in violation for serving to a minor. Officer Russell requested show/cause hearings for the two establishments. Authority member Monaghan made a motion, seconded by Authority member Bujack, to determine that there is probable cause and scheduled a show/ cause hearing for both the Cow Paddy, 169 North College Avenue, and the Sports Page, 181 North College Avenue, on November 9, 1983. Yeas: Acott, Bujack, Long, Monaghan, Sheahan, Veazie and Wilson. Nays: None. Officer Russell reported a violation which occurred at Ace Liquors, 200 East Mountain, for sale to a minor. It was noted that this was a spot compliance check conducted at the request of Authority member Monaghan. Officer Russell requested that a show/cause be scheduled. 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 November 9, 1983. Yeas: Acott, Bujack, Long, Monaghan, Shea- han, Veazie and Wilson. Nays: None. Officer Russell stated a memo was submitted for the Authority's review concerning an incident occurring on September 20, 1983, with regard to Mr. Seo, previous applicant for transfer of ownership of Ace Liquors. Officer Russell stated since the applicant has withdrawn his application, he feels the issue is irrelevant. Officer Russell stated that he had some concerns with the Fort Town special event held at the Oak Street Plaza on September 24, 1983. He reported that no license was posted. In addition, barricades were not provided as stated -10- October 12, 1983 to the Authority during the hearing in which the event was approved. It was suggested that staff draw up guidelines for applicant's to follow with regards to securing an area where beer and liquor is to be served. Author- ity member Monaghan requested that in the future Officer Russell state his recommendation with regard to security within his memo to the Authority. In closing, Officer Russell stated letters of concern were sent to Washing - tons and B-Cubed for failure to report disturbances. He stated the letters were included in the Authority's packet for their review. Adjournment Authority member Bujack made a motion, seconded by Authority member Monaghan, to adjourn. The Chairperson put the motion which was unanimously adopted. The meeting was adjourned at approxim tely 11:20 p.m. Ch i erson ecretary