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HomeMy WebLinkAboutLiquor Licensing Authority - Minutes - 08/17/1983LIQUOR LICENSING AUTHORITY Regular Meeting - August 17, 1983 7:30 P.M. A regular meeting of the Liquor Licensing Authority was held on Wednesday, August 17, 1983, in the Council Chambers of the City of Fort Collins Muni- cipal 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 Paul Eckman, City Attorney's Office Frank Russell, Police Department Minutes of the Regular Meeting of July 20, 1983, Approved as Published Authority member Long made a motion, seconded by Authority member Bujack, to approve the minutes of the regular meeting of July 20, 1983, as pub- lished. The Chairperson put the motion with the following votes: Yeas: Acott, Bujack, Long, Monaghan, Sheahan, Veazie and Wilson. Nays: None. Show/Cause Hearing Bennigan's, 2203 South College Avenue Mr. Lane Ernest, attorney representing Steak and Ale of Colorado, Inc., dba Bennigan's, 2203 S. College Avenue, stated his clients are willing to stiuplate to the facts contained in the Police Report. Assistant City Attorney Paul Eckman reviewed the facts contained in the Police Report. He stated that on June 2, 1983, the Police Department conducted a spot compliance check of liquor establishments. Mr. Eckman stated the report states that a police cadet under the age of 21 was served an alcoholic beverage without being asked for an I.D. It was noted that no previous violations have occurred at Bennigan's. Mr. Eckman stated the Police Department is recommending a one -day suspension. Authority member Long made a motion, seconded by Authority member Monaghan, to determine that a violation did occur at Bennigan's, 2203 South College Avenue. Yeas: Acott, Bujack, Long, Monaghan, Sheahan, Veazie and Wilson. Nays: None. -2- August 17, 1983 Mr. Ernest emphasized that the violation did not occur as a result of a training breakdown. He spoke of the training procedures which include an operations manual, handouts on liquor license laws and a quiz which every employee is given. Mr. Ernest stated that the management personnel at Bennigan's have taken the violation very seriously. Meetings have been conducted with all personnel and quizes covering the liquor laws have been given to all employees. Mr. Ernest assured the Authority that this viola- tion was an Isolated incident. He suggested that a letter of reprimand would be more appropriate than a suspension. Authority member Monaghan made a motion, seconded by Authority member Bujack, to direct the City Attorney's Office to send a letter of reprimand to Bennigan's, 2203 South College Avenue. Yeas: Bujack, Long, Monaghan, Veazie and Wilson. Nays: Acott and Sheahan. Show/Cause Hearing Quinn's, 3620 South Mason Assistant City Attorney Paul Eckman stated that on June 2, 1983, a police cadet under the age of 21 was served an alcoholic drink at Quinn's Res- taurant. It was noted that no ID was requested from the cadet. Mr. Eckman stated that there have been no prior violations at the establishment, therefore the Police Department is recommending a one -day suspension. Mr. Douglas DeMercurio, general manager and owner, was sworn and stated he is willing to stipulate to the facts as outlined by Assistant City Attorney Paul Eckman. Authority member Bujack made a motion, seconded by Authority member Acott, to determine that a violation did occur at Quinn's, 3620 South Mason. Yeas: Acott, Bujack, Long, Monaghan, Sheahan, Veazie and Wilson. Nays: None. Mr. DeMercurio explained that one person took the order for a cocktail and another person served the cocktail, thinking the other had asked for ID. He went on to say that steps have been taken to prevent future violations. He stated signs have been posted as reminders stating that employees should check for ID's for anyone who looks under 40 years of age. In addition, Mr. DeMercurio stated the liquor employee manual has been reprinted and each employee has been given a quiz covering the manual. Mr. DeMercurio stated he would like to see the Police Department conduct training seminars on the liquor laws. In closing, Mr. DeMercurio stated he feels a one -day suspen- sion would be a very severe sanction and suggested that a letter of repri- mand would be more appropriate. -3- August 17, 1983 Authority member Acott made a motion, seconded by Authority member Sheahan, to levy a one -day suspension to Quinn's, 3620 South Mason, within the next 30 days at the convenience of the owner and that the premises be posted. Yeas: Acott, Sheahan. Nays: Bujack, Long, Monaghan, Veazie and Wilson. THE MOTION FAILED. Authority member Veazie made a motion, seconded by Authority member Mon- aghan, to direct the City Attorney's Office to send a letter of reprimand to Quinn's, 3620 South Mason. Yeas: Bujack, Long, Monaghan, Veazie and Wilson. Nays: Acott and Sheahan. Show/Cause Hearing Chi Chi's, 3500 South College Avenue Assistant City Attorney Paul Eckman stated that on June 2, 1983, an em- ployee of Chi Chi's served an alcoholic beverage to a police cadet who is under the age of 21. It was noted that no ID was requested. Mr. Eckman stated that there have been no prior violations at the establishment. He stated the Police Department is recommending a one -day suspension. Mr. Eckman pointed out that the licensee is willing to stipulate to the facts contained in the Police Report. Authority member Sheahan made a motion, seconded by Authority member Bujack, to determine that a violation did occur at Chi Chi's, 3500 South College Avenue. Yeas: Acott, Bujack, Long, Monaghan, Sheahan, Veazie and Wilson. Nays: None. Mr. Ray Hale, attorney representing the licensee, stated they will stipu- late to the facts and introduced Mr. Kent McBride. Mr. Kent McBride, general manager and area supervisor, was sworn and stated that the facts contained in the report are true. Mr. McBride stated that no liquor violations have ever been received in the Fort Collins Restaurant or any of the 23 other restaurants located throughout the nation. He stated he is very familiar with the Colorado Liquor Laws. Mr. McBride spoke of the training policies and procedures that each employee receives as part of his training. He added that it is policy of the restaurant to terminate any employee who serves liquor to a minor. Mr. McBride stated that the employee has been terminated. He went on to say that a seminar will be conducted by the State for all of the managers as a refresher course. In closing, Mr. McBride apologized for the violation and assured the Authority that steps are being taken to prevent any future violation. Mr. Hale stated he feels his clients are aware of the severity of the violation and asked the Authority to consider issuing a letter of repri- mand. -4- August 17, 1983 Authority member Monaghan made a motion, seconded by Authority member Bujack, to direct the City Attorney's Office to send a letter of reprimand to Chi Chi's, 3500 South College Avenue. Yeas: Bujack, Long, Monaghan, Veazie and Wilson. Nays: Acott and Sheahan. Show/Cause Hearing Tequila Junction, 2925 South College Avenue Assistant City Attorney Paul Eckman stated that it is being alleged that Tequila Junction has been inactive without good cause for at least one year. The Police Department is recommending that the license be vacated permanently. Mr. Eckman stated the licensee does not dispute the alleged violation. Authority member Long made a motion, seconded by Authority member Bujack, to determine that a violation did occur at Tequila Junction, 2925 South College Avenue. Yeas: Acott, Bujack, Long, Monaghan, Sheahan, Veazie and Wilson. Nays: None. Mr. Doug Konkel, attorney representing the applicant, stated that the owners do not intend to reopen the establishment. However, it was pointed out that the owners have been trying to sell the business and transfer the liquor license during the last six months. Mr. Konkel suggested that if the matter were tabled it would give all parties involved more time to reach terms on a sale. Assistant City Attorney Paul Eckman pointed out that the purchaser in question has the opportunity to apply for a new application. Authority member Monaghan stated that the needs of the neighborhood should be reassessed and added that a transfer of the license would not be in the best interest of the Authority. Authority member Monaghan made a motion, seconded by Authority member Veazie, to permanently revoke the license for Tequila Junction, 2925 South College Avenue. Authority member Bujack stated that he feels the license should also be revoked based on the length of time the establishment has been inactive. Authority member Wilson concurred. The motion was put to vote as follows: Yeas: Acott, Bujack, Long, Monaghan, Sheahan, Veazie and Wilson. Nays: None. -5- August 17, 1983 Show/Cause Hearing Kelly's, 1801 North College Avenue Officer Frank Russell was sworn and stated he is a detective with the Fort Collins Police Department. Officer Russell stated that on August 12, 1983, he and Liquor Enforcement Officer Dave Sauter inspected the premises known as Kelly's, 1801 North College Avenue. This inspection was conducted at the request of the Authority. The specific concern was whether the estab- lishment is meeting the 25% food requirement. Officer Russell stated that the accounting records were not available at the establishment at the time of their investigation. Officer Russell stated several violations were found during the inspection. Specifically, he stated a foreign substance was found in a bottle, a patron in the bar was on the border of being intoxicated, the sales tax license displayed was not in the name of the licensee, and the food preparation at the establishment was not meeting the 25% requirement. Also he stated full course meals, as defined by the statutes, were not available. City's Exhibit 1 was submitted into the evidence and identified as a menu for Kelly's. Assistant City Attorney Paul Eckman cited from the statutes the section relating to the 25% food requirement and full meal service. Mr. Kahalil Kamandy, owner, was sworn and spoke of the food operation. Mr. Kamandy presented records and receipts of the business. A receipt marked as Respondent's Exhibit 1 and a wire notebook marked as Respondent's Exhibit 2 were submitted. He went on to say that he met the food require- ments at the time he opened the business. He explained that prior to entering into a purchase agreement in February, 1982, the food business went down. Mr. Kamandy stated he was the full-time cook at Kelly's until February, 1982. After reviewing the accounting records as submitted, Authority member Wilson noted that the records do not separate the food from the liquor. In addition, she noted that there are only receipts up to December, 1982. Mr. Kamandy stated the cash register was not working properly after Novem- ber. In response to a question from the Board, he explained that he had one full-time bartender and a waitress who worked during the lunch hour. Mr. Bill Pope, was sworn and stated that he is the accountant for Kelly's Food and Bar. Mr. Pope stated he did the books for Kelly's up to Feb- ruary, 1982. Mr. Pope noted that he is not certified, although he does other books for restaurants in town. He stated the records do not separate the food sales from the liquor sales. In closing, Assistant City Attorney Paul Eckman pointed out that although Mr. Kamandy stated he sold the establishment in February, 1982, he still -6- August 17, 1983 owns the license until it is transferred. He also pointed out that from the testimony given, it appears that full meals have not been served in accordance with the State statutes. Mr. Eckman stated he feels the ac- counting records presented before the Board are not credible. In addition, Mr. Eckman stated it is the City's opinion that the establishment is operating as a Tavern, not a Hotel -Restaurant, under the existing manage- ment. Mr. Heinrich Ahrens was sworn. In response to a question by the Authority, Mr. Ahrens stated, at times, no food was served during the month of Jan- uary, 1983. Mr. Kamandy stated that the kitchen was always open between 11 a.m. and 2 p.m. and from 5 p.m. to 9 p.m., except Sundays. He spoke of the menu at Kelly's. He stated once again that business became very slow prior to his entering into the purchase agreement. Authority member Long stated that during the hearing held on July 20, 1983, Mr. Ahrens testified that the food requirement was not being met at the time they entered into a purchase agreement. Mr. Ahrens testified that the food requirement is being met as of today's date, August 17, 1983. Authority member Acott made a motion, seconded by Authority member Veazie, to revoke the license, effective immediately, on the basis that the estab- lishment is not functioning in accordance with the statutes for a hotel - restaurant license. Authority member Veazie stated that he feels that the meals being served are not in accordance with "meals" as defined by the statutes. In addi- tion, he stated there is not adequate proof from the accounting records that 25% of the total sales is in food. Lastly, Boardmember Veazie stated there is a further violation in that the name on the sales tax license is not that of the name of the owner. The motion was put to vote as follows: Yeas: Acott, Bujack, Long, Mon- aghan, Sheahan, Veazie and Wilson. Nays: None. Change in Trade Name Save Way Gas and Grocery (formerly Riverside Kwik Stop) 710 Magnolia Mr. Chris Tompkin, district manager for Venta, Inc., stated the establish- ment has changed the name from Riverside Kwik Stop to Saveway Gas and Grocery. Mr.Tompkin stated there will be no other changes other than the name. 0 • -7- August 17, 1983 Authority member Long made a motion, seconded by Authority member Veazie, to approve the name change for Save Way Gas and Grovery, 710 Magnolia. Yeas: Acott, Bujack, Long, Monaghan, Sheahan, Veazie and Wilson. Nays: None. Special Events License (3.2%) for Alonzo Martiniz Post 187 American Legion, Mr. Jerry Sanchez, past Commander of Alonzo Martinez Post 187, American Legion, stated he is the chairperson for this event. The event will raise money for the Alonzo Martinez Scholarship Committee. Mr. Sanchez stated liquor will be served at the event which will be held in the basement of the Holy Family Church. Food will also be served. He explained that two police officers will be on the premises. Mr. Sanchez stated events have been held in the past and there have been no problems. Authority member Monaghan made a motion, seconded by Authority member Acott, to approve the special events permit for Alonzo Martinez Post #187 American Legion on September 3, 1983 from 8 p.m. to 1 am.. (September 4). Yeas: Acott, Bujack, Long, Monaghan, Sheahan, Veazie and Wilson. Nays: None. Special Events License (3.2%) for September 16 Committee, September 16 1983 Mr. Ernie Miranda, representative from September 16 Committee, stated he is aware of the Parks and Recreation recommendation for denial of this license. Mr. Miranda stated he feels the event is totally separate from any Parks and Recreation function. He explained that September 16 is a special day for the Committee. He added that the Lincoln Center and Holy Family Church are booked, therefore, they are unable to hold the event anywhere else. Mr. Sanchez said that there will be police security avail- able the evening of the event. He explained that people will be carded before obtaining any beer. Assistant City Attorney Paul Eckman stated that the Parks and Recreation Department has submitted a memo which states that it is against the department's philosophy to condone the use of alcohol within the City's recreational facilities. In addition, he stated the Department stated their concern with setting a precedent should the permit be approved. Authority member Bujack made a motion, seconded by Authority member Shea- han, to deny the special events permit for the September 16 Committee on the basis that it is against the policy of the Parks and Recreation Depart- ment to have alcohol served at any City facility. -8- August 17, 1983 Authority member Long stated he feels the Authority should not override the Parks and Recreation policy. The motion was put to vote as follows: Yeas: Acott, Bujack, Long, Mon- aghan, Sheahan, Veazie and Wilson. Nays: None. Expansion of Premises The Library, 1220 West Elizabeth Mr. Gary Crites, president of the corporation, stated he is proposing to expand his premises by knocking out a wall in the rear of the bar and utilizing that additional space. He stated that this expansion will increase the seating capacity from 475 seats to 515 seats. The square footage is being increased by approximately 640 square feet. Authority member Monaghan made a motion, seconded by Authority member Veazie, to determine that the expansion is not substantial. Yeas: Acott, Bujack, Long, Monaghan, Sheahan, Veazie and Wilson. Nays: None. Authority member Bujack made a motion, seconded by Authority member Shea- han, to approve the expansion of premises for The Library, 1220 West Elizabeth. Yeas: Acott, Bujack, Long, Monaghan, Sheahan, Veazie and Wilson. Nays: None. Change of Corporate Structure Linden's, 214 Linden Mr. Joe Carroll, attorney representing S-3 Corporation, introduced the board of directors. Ms. Ellen Mitrius, was sworn and stated she has bought one-third of the stock of S-3 corporation. She stated she has been employed at Linden's for 1-1/2 years. She spoke briefly of her backgound. Ms. Mitrius stated her responsibilities will include inventory and training new employees. She noted that no other changes will occur at the business. Authority member Long made a motion, seconded by Authority member Bujack, to approve the change of corporate structure for Linden's, 214 Linden. Yeas: Acott, Bujack, Long, Monaghan, Sheahan, Veazie and Wilson. Nays: None. Change of Corporate Structure Bear and Whale Tavern, 244 Pine Street Mr. Larry Sippel was sworn and stated he has purchased 49% of the Bear and Whale Tavern, Inc. He stated he will be the corporate secretary. Mr. Sippel spoke briefly of his background. -9- August 17, 1983 In response to a question by the Board, Mr. Sippel stated he was charged with reckless endangerment and received a deferred sentence for one year. Mr. Richard Lippman, president of the corporation, was sworn. He explained that he needed additional help in running the business, therefore, Mr. Sippel bought out Walter Baer and will be a working partner in the busi- ness. He added that he has known Larry for the past 3-4 years and feels he is of good moral character. Mr. Lippman explained that Larry will be active in the day-to-day management of the bar. He added that Larry is familiar with the Colorado Liquor Laws. Mr. Sippel stated he is familiar with the Colorado Liquor Laws. Authority member Long made a motion, seconded by Authority member Sheahan, to approve the change of corporate structure for the Bear and Whale Tavern, 244 Pine Street. Yeas: Acott, Bujack, Long, Monaghan, Sheahan, and Veazie. Nays: Wilson.. Transfer of Ownership for Friends Saloon, 142 Linden Ms. Vivian Burke was sworn and spoke briefly of her background. At pre- sent, Ms. Burke stated she is working for the Sheriff's Department. Ms. Burke stated she will be actively involved in the management of the bar. It was noted that she will be a 50% partner. She added that she is fa- miliar with the Colorado Liquor Laws. In response to a question by the Board, Ms. Burke stated she does not have a Colorado Drivers License because she never saw the need for one. Authority member Monaghan made a motion, seconded by Authority member Veazie, to approve the transfer of ownership from Robert Lamana to Vivian Burke and Robert Lamana dba Friends Saloon, 142 Linden. Yeas: Acott, Bujack, Long, Monaghan, Sheahan, Veazie and Wilson. Nays: None. Transfer of Ownership for Kelly's, 1801 North College Avenue Assistant City Attorney Paul Eckman stated that this item cannot be con- sidered due to the decision of the Authority to revoke the license at Kelly's, 1801 North College Avenue. (Note: See pages 5 and 6.) -10- August 17, 1983 Registration of Manager Chi Chi's 3500 South College Avenue Mr. Kent McBride, area supervisor, was sworn and stated why he feels Mr. Spangler should be approved as the general manager. Mr. Tom Spangler, general manager, was sworn and spoke of his background in the restaurant and liquor business. He noted that he has worked with Chi Chi's since November, 1982. Mr. Spangler stated he has been working as the bar manager, who is responsible for training all bartenders and waitresses. Mr. Spangler stated it is his responsibility as general manager to train all employees on the liquor laws. It was noted that he has some assistant managers working with him. Authority member Bujack made a motion, seconded by Authority member Long, to approve the registration of manager for Tommy Spangler at Chi Chi's 3500 South College Avenue. Yeas: Acott, Bujack, Long, Monaghan, Sheahan, Veazie and Wilson. Nays: None. Registration of Manager Washington's Bar and Grill, 132 Laporte Avenue Mr. Richard Thomas, general manager, was sworn and spoke of his background in the liquor business. He noted that he has worked with the company 3-1/2 years. Mr. Thomas stated he is familiar with the Colorado liquor laws. He stated he works 45-48 hours per week. He pointed out the hours he works are primarily during the day. Authority member Bujack made a motion, seconded by Authority member Acott, to approve the registration of manager for Richard Thomas at Washington's Bar and Grill, 132 Laporte Avenue. Yeas: Acott, Bujack, Long, Mon- aghan, Sheahan, Veazie and Wilson. Nays: None. Registration of Manager Out of Bounds, 200 West Mountain Avenue (Secretary's Note: Authority member Sheahan left the room for part of this item.) Mr. Kevin Kucera, general manager, was sworn and spoke briefly of his background. Mr. Kucera stated he has worked for the Out of Bounds for 4 years, working his way up from bar manager to general manager. He stated his duties will be the same as the previous manager's. He noted that he will have an assistant manager who will be partly responsible in the management of the restaurant. Mr. Kucera stated he works six days a week with flexible hours. • -11- August 17, 1983 Authority member Acott made a motion, seconded by Authority member Bujack, to approve the registration of manager for Kevin Kucera at the Out of Bounds, 200 West Mountain Avenue. Yeas: Acott, Bujack, Long, Mon- aghan, Veazie and Wilson. Nays: None. Abstain: Sheahan. Preliminary Hearing for a Beer and Wine License for Chef Wang's Chinese Restaurant, 3640 South Mason The boundaries as proposed by the Administration were as follows: North from the subject premises to West Drake Road West from the subject premises to South Shields Street South from the subject premises to Harmony Road East from the subject premises to Lemay Avenue Mr. Paul Salas, attorney representing Mr. Paul Wang, was present. Mr. Paul Wang, owner and manager, stated the boundaries are acceptable. Due to the difficulty in communication with Mr. Wang, Authority member Bujack stated his concern with applicants applying for a license that have difficulty in speaking the English language. Authority member Long made a motion, seconded by Authority member Veazie, to accept the boundaries as proposed for Chef Wang's Chinese Restaurant, 3640 South Mason. Yeas: Acott, Bujack, Long, Monaghan, Sheahan, Veazie, and Wilson. Nays: None. - Preliminary Hearing for a Tavern License for Sagebrush Bar and Restaurant, 934 Lemay Avenue The boundaries as proposed by the Administration were as follows: North from the subject premises to Olive Street West from the subject premises to College Avenue South from the subject premises to Stuart Street East from the subject premises to City limits Mr. William LeNorreys, part-owner, stated the boundaries are acceptable. Authority member Long made a motion, seconded by Authority member Yeazie, to accept the boundaries as proposed for Sagebrush Bar and Restaurant, 934 Lemay Avenue. Yeas: Acott, Bujack, Long, Monaghan, Sheahan, Veazie, and Wilson. Nays: None. -12- August 17, 1983 Preliminary Hearing for a Beer and Wine License for Joe's Fireside Cafe, 311 South College Avenue The boundaries as proposed by the Administration were as follows: North from the subject premises to East Vine Drive and City limits West from the subject premises to Shields Street South from the subject premises to Pitkin Street East from the subject premises to Lemay Avenue and City limits Mr. Joe Ierisi, owner, stated the boundaries are acceptable. Authority member Long made a motion, seconded by Authority member Bujack, to accept the boundaries as proposed for Joe's Fireside Cafe, 311 South College Avenue. Yeas: Acott, Bujack, Long, Monaghan, Sheahan, Veazie, and Wilson. Nays: None. Preliminary Hearing for a Hotel -Restaurant License for Scoreboard Bar and Grill, 2160 West Drake Road At the request of the applicant, Authority member Long made a motion, seconded by Authority member Bujack, to table the preliminary hearing for Scoreboard Bar and Grill, 2160 West Drake Road, to September 14, 1983. Yeas: Acott, Bujack, Long, Monaghan, Sheahan, Veazie, and Wilson. Nays: None. Preliminary Hearing for a Retail Liquor License for Ace Liquors, 238 East Mountain Avenue 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. David Power, attorney representing Mr. Young Seo, was present. Mr. Young Seo, owner, stated the boundaries are acceptable. -13- August 17, 1983 Authority member Long made a motion, seconded by Authority member Veazie, to accept the boundaries as proposed for Ace Liquors, 238 East Mountain Avenue. Yeas: Acott, Bujack, Long, Monaghan, Sheahan, Veazie, and Wilson. Nays: None. Final Hearing for a Beer and Wine License for Fat Boys Bar-B-Q, 4010 South College Avenue 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, Mona- ghan, Sheahan, Veazie, and Wilson. Nays: None. Mr. Larry Terrell, owner, was sworn and presented Applicant's Exhibit 1 which was submitted into evidence and identified as petitions circulated on behalf of the application. A total of 962 signatures in favor of the license were received. Mr. Terrell stated 32 signatures opposing the license were received. It was noted that those signatures were received by people who simply oppose alcohol and those who feel there are too many restaurants in Fort Collins. Mr. Terrell explained that Fat Boys Bar-B-Q is a franchise out of Florida. He stated he will be moving to Fort Collins to own and manage this restau- rant. He noted that he has owned two other Fat Boys Bar-B-Q restaurants in Florida, in addition to a couple of seafood restaurants. Mr. Terrell stated these restaurants were licensed to sell liquor. He explained that Fat Boys Bar-B-Q is a sit-down family type of restaurant open for break- fast, lunch, and dinner. He noted that the restaurant wi 1 l have no bar facilities and that beer or wine will be served with meals only. Mr. Terrell stated he and his wife will co -manage the restaurant. He stated he will hire 12-14 waitresses. He then spoke of his training policies which will be an on -going program. He stated the training will be shared by both himself and his wife. Mr. Terrell described the floor plan and spoke of the patio area (not yet built) that he wants to include as part of the licensed premises. He noted that a total of 167 seats are inside the restaurant and that a total of 30 seats will be on the patio. He stated a 48-inch wall will surround the patio area. Mr. Terrell assured the Authority that he is familiar with the Colorado liquor laws. He spoke briefly of how he is financing the business. In closing, Mr. Terrell stated his menu will consist primarily of bar-b-que but will also include sandwiches, steaks, and seafood. -14- August 17, 1983 Authority member Acott made a motion, seconded by Authority member Mona- ghan, to approve the beer and wine license for Larry Terrell, dba Fat Boys Bar-B-Q, 4010 South College Avenue. Yeas: Acott, Bujack, Long, Monaghan, Sheahan, Veazie, and Wilson. Nays: None. Final Resolution on a Beer and Wine License for Fat Boys Bar-B-Q 4010 South College Avenue 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 3.2% Fermented Malt Beverage (Class A) License Buffie's, 524 West Laurel It was noted that the investigation procedure has not yet been completed on this application. Authority member Bujack made a motion, seconded by Authority member Acott, to table the final hearing for Buffie's, 524 West Laurel, to September 14, 1983. Yeas: Acott, Bujack, Long, Monaghan, Sheahan, Veazie, and Wilson. Nays: None. Final Resolution on a 3.2% Fermented Malt Beverage (Class A) License Buffie's, 524 West Laurel Authority member Bujack made a motion, seconded by Authority member Acott, to table the Final Resolution for Buffie's, 524 West Laurel, to September 14, 1983. Yeas: Acott, Bujack, Long, Monaghan, Sheahan, Veazie, and Wilson. Nays: None. Police Report Officer Frank Russell stated that on August 8, 1983, the Fort Collins Police Department conducted a routine spot compliance check whereby eight establishments were cited for selling or serving alcohol to minors. The eight establishments are: s • -15- August 17, 1983 1. Downtown Liquor Mart, 102 West Olive 2. Handi Pak, 1311 North College Avenue 3. Pit Stop Liquors, 315 Riverside 4. Pringle Brothers Fine Wine and Spirits, 2170 West Drake Road 5. Saddle Up Liquors, 1015 South Taft Hill Road 6. Save Way Gas and Grocery, 710 East Magnolia 7. Spring Creek Liquors, 1005 West Stuart 8. Wine and Liquor Specials, 2439 South College Avenue Officer Russell read into the record the 14 establishments which were checked but not found in violation. Officer Russell stated he feels there is sufficient probable cause for a show/cause hearing for each establish- ment listed above. The Authority discussed scheduling a special meeting for the sole purpose of hearing the show/cause hearings and thereby avoid overloading the agendas for regular meetings. The Authority unanimously agreed to schedule a special meeting on Monday, August 29, 1983 at 7:30 p.m. Authority member Long made a motion, seconded by Authority member Bujack, to determine that there is probable cause for show/cause hearings on the following establishments to be held on August 29, 1983: 1. Downtown Liquor Mart, 102 West Olive 2. Handi Pak, 1311 North College Avenue 3. Pit Stop Liquors, 315 Riverside 4. Pringle Brothers Fine Wine and Spirits, 2170 West Drake Road 5. Saddle Up Liquors, 1015 South Taft Hill Road 6. Save Way Gas and Grocery, 710 East Magnolia 7. Spring Creek Liquors, 1005 West Stuart 8. Wine and Liquor Specials, 2439 South College Avenue The motion was put with the following votes: Yeas: Acott, Bujack, Long, Monaghan, Sheahan, Veazie, and Wilson. Nays: None. Officer Frank Russell noted that he is also requesting a show/cause hearing to be held on Sam's Old Town Ballroom, 162 Linden, for a violation occur- ring on July 16, 1983, whereby the liquor license was not property posted. Authority member Monaghan made a motion, seconded by Authority member Veazie, to determine that there is probable cause for a show/cause hearing to be held on August 29, 1983. Yeas: Acott, Bujack, Long, Monaghan, Sheahan, Veazie, and Wilson. Nays: None. -16- August 17, 1983 Officer Frank Russell made a request for a show/cause hearing to be held on Sportsman Bar for a violation occurring on July 30, 1983, regarding after hours consumption. Authority member Long made a motion, seconded by Authority member Monaghan, to determine that there is probable cause for a show/cause hearing to be held on August 29, 1983. Yeas: Acott, Bujack, Long, Monaghan, Sheahan, Veazie, and Wilson. Nays: None. Other Business Mr. Eugene Mitchell appeared and spoke of the proposed developments and changes to occur in the Old Town area. He noted that Ace Liquors, current- ly located at 200 East Mountain Avenue, will be moving to 238 East Mountain Avenue. Because he will be unable to attend the final hearing for Ace Liquors on September 14, 1983, he asked that the Authority consider ap- proving the application for its change of location and change of ownership. He noted that he will be submitting a letter to the Authority asking for their approval. Adjournment Authority member Bujack made a motion, seconded by Authority member Veazie, to adjourn. The Chairperson put the motion which was unanimously adopted. The meeting was adjourned at approximately 11:05 p.m. )AoctL Chairperson retary