Loading...
HomeMy WebLinkAboutLiquor Licensing Authority - Minutes - 05/27/19810 LIQUOR LICENSING AUTHORITY Regular Meeting - May 27, 1981 7:30 P. M. A regular meeting of the Liquor Licensing Authority was held on Wednesday, May 27, 1981, in the Council Chambers of the City of Fort Collins Municipal Building. Roll call was answered by the following members: Long, Seeg- miller, Oldham and Wilson. Authority Member Absent: Bujack. Staff Members Present: Debbie Caster, City Clerk's Office Ken Kirchhoff, Police Department Gregory Denton, City Attorney's Office Minutes of the Regular Meeting of April 29, 1981, Approved as Published Authority member Long made a motion, seconded by Authority member Wilson, to approve the minutes of the regular meeting of April 29, 1981, as pub- lished. The Chairman put the motion which was unanimously adopted. Change in Corporate Structure Approved for The Winery, 2601 Lemay Avenue Mr. Bernol F. Soutar, Jr., 1742 Fremont Court, Fort Collins, was sworn and stated that there has been a transfer of stock within the corporation involving two people. He stated the new people are Thomas Kerver, owning exactly 5%, and Caroline Ostertag, owning 10%. The Authority questioned why no paper work was completed on Mr. Thomas Kerver. Mr. Soutar stated the .Individual History Record forms provided by the State are to be completed by persons owning over 5%. Mr. Soutar stated the forms specifically state over 5%. He stated nothing was submitted since Mr. Kerver owns exactly 5%. Mr. Soutar stated, however, he would have no objections to having Mr. Kerver interviewed for the file. Authority member Wilson made a motion, seconded by Authority member Long, to approve the change in corporate structure for The Winery, 2601 Lemay Avenue, contingent upcn interviewing Mr. Kerver and a favorable police report from Colorado Bureau of Investigations. The Chairman put the motion which was unanimously adopted. -2- May 27, 1981 Transfer of Ownership Approved for China Dragon, 1401 West Elizabeth Mr. Walter Huang, 3324 Terrywood Road, Fort Collins, Colorado, was sworn and stated he has formed a corporation in which he would like to transfer the name of the license into. Mr. Huang stated the corporation is made up of himself and his wife, Catherine Huang. Authority member Long made a motion, seconded by Authority member Wilson, to approve the transfer of ownership for China Dragon, 1401 West Elizabeth, contingent upon a favorable police report from the Colorado Bureau of Investigations. The Chairman put the motion which was unanimously adopted. Preliminary Hearing Tabled for Stone Lion Cafe, 100 North College Avenue The applicant requested that the preliminary hearing be tabled until next month. Authority member Oldham made a motion, seconded by Authority member Long, to table the preliminary hearing to June 24, 1981; The Chairman put the motion which was unanimously adopted. Registration of Manager Approved for Round the Corner, 101 West Swallow Drive Mr. Bryan Burke, 807 Kingston Drive, Fort Collins, Colorado, was sworn and stated he has been the manager of Round the Corner on Elizabeth and is now transferring to the West Swallow restaurant. Mr. Burke spoke briefly of his restaurant experience with Round the Corner. He stated all employees are trained to check ID's on anyone who appears to be under 30 years of age. Authority member Long made a motion, seconded by Authority member Oldham, to approve the registration of manager on Bryan Burke for Round the Corner, 101 West Swallow Drive, contingent upon a favorable police report from the Colorado Bureau of Investigations. The Chairman put the motion which was unanimously adopted. Final Resolution Adopted Granting a Hotel -Restaurant License for Sea Galley, 101 West Troutman Parkway The Resolution was read by title only. -3- May 27, 1981 Authority member Long made a motion, seconded by Authority member Wilson, to adopt the Resolution as presented. The Chairman put the motion which was unanimously adopted. Final Hearing for a Retail Liquor Store License for Cottonwood Liquors, 3640 South Mason N8 The Resolution outlining the results of the preliminary hearing was read by title only. Authority member Long made a motion, seconded by Authority member Wilson, to adopt the Resolution as presented. The Chairman put the motion which was unanimously adopted. Mr. David Wood, attorney representing the applicant, appeared and called Archie Solsky, 3012 Parkview Court, Fort Collins, Colorado, as his first witness. Mr. Solsky spoke of his present occupation in the real estate business. Mr. Solsky also spoke of his previous work experience as a district supervisor for Royal-Crown/Canada Dry and as the owner of the Upper Crust. Mr. Solsky stated the application for Cottonwood Liquors has been entered as a Colorado corporation in which he is the president and a director. He added that the other directors are Catherine Solsky, his wife, and Sam Solsky, his father. Mr. Solsky stated he will be the manager of the liquor store and devote his entire efforts toward the business. Mr. Wood presented Exhibit A, which was a floor plan for the liquor store. Mr. Wood also presented Exhibit 8, which was a colored rendering of the store and how the store will look once all of the counters, etc., are installed. Exhibit C was also presented which was a color scheme of the counter tops, carpet, etc. Mr. Wood presented Exhibit G, which was a petition the applicant had circulated among the various businesses within the designated neighborhood. Mr. Solsky stated 70 people signed in favor of the license application out of approximately 80 businesses contacted. Mr. Wood called the following persons who were sworn before expressing support for the application: 1. Mr. Robert Boldig, 830 Warren Landing, Fort Collins, Colorado, Presi- dent of University National Bank. 2. Mr. Pete Cecchinelli, 800 Parkview Drive, Fort Collins, Colorado, resident within the designated boundaries. 3. Mr. John Paultz, 301 Starbi,rd Drive, Fort Collins, Colorado, Manager of Albertson's. 4. Mr. Dan Yaccovetta, Jr., 21859 Grandview Road, Golden, Colorado, Vice -President of Commercial Development, Moore and Company. -4- May 27, 1981 Mr. Max Scott, Oedipus, Inc., 2902 5th, Boulder, Colorado, was sworn and stated he is the owner of Oedipus, Inc. Mr. Scott identified exhibits H-0, which were petitions circulated on behalf of the application by his firm. Mr. Scott explained that Exhibit H was circulated among the shopping center only. He went on to outline in detail the procedures used by his firm's circulators. He then presented a survey done by his firm showing certain demographic information regarding the proposed outlet, submitted as Exhibit F. Exhibit E was also presented which was a map, divided by townships, which shows the breakdown of the City population in terms of single-family and multi -family housing. Mr. David Mitchell, attorney representing the opponents', Harry Nix, Foothills Discount Liquors; Hugh Havens, Harmony Road Liquors; and Fred Bachman, Ponderosa Liquors appeared and called Mr. Jerry Nix, 2105 South Shields, Fort Collins, Colorado, as his first witness. Mr. Nix stated his occupation as a Commercial Investments Real Estate Broker and Urban Plan- ner. Mr. Nix spoke in opposition to the retail liquor application. Mr. Mitchell presented Exhibit 5, which were maps dated 7-1-79, 1-1-80, 7-1-80, and 2-81, showing the breakdown of growth patterns relating to single- and multi -family units. Mr. Mitchell also submitted Exhibit 4 which was a computation of growth study. Exhibit 1 was presented which was a list of dates other retail liquor outlet licenses were issued. Mr. Mitchell also presented Exhibits 2 and 3 which were copies of ordinances annexing the Fairway Estates Annexation, which allowed Harmony Road Liquors into the city limits, and South College Properties Annexation which allowed Ponderosa Liquors into the city limits. Mr. Mitchell presented Exhibit 6, which was a map of the urban growth master plan showing the amount of annexation occurring to the south. Exhibit 7 was also presented which was a zoning map of the city showing the commercial usage in the neighborhood area. Mr. Mitchell called the following persons who were sworn before expressing their opposition to the application: 1. Mr. Fred Bachman, 315 Parker, Fort Collins, Colorado, owner of Ponder- osa Liquor, 3836 South College Avenue. 2. Mr. Harry Nix, 704 Oxford Lane, Fort Collins, Colorado, owner of Foothills Discount Liquors, Ill West Monroe. Mr. Mitchell presented Exhibit 10 which were petitions circulated in opposition to the application by Mr. Nix and his employees within his liquor store. Mr. Mitchell stated Mr. Hugh Havens, owner of Harmony Road Liquors, was present earlier but had to leave before giving testimony. Mr. Mitchell presented Exhibit 12 which were additional petitions circu- lated in opposition to the application. -5- May 27, 1981 Authority member Long made a motion, seconded by Authority member Wilson, to approve the granting of the Retail Liquor Store License for Cottonwood Liquors, Inc., dba Cottonwood Liquors, 3640 South Mason #8. The Chairman put the motion which was unanimously adopted. Other Business Officer Ken Kirchhoff reported that the employees at the Country Round Up, 246 North College Avenue, have not been reporting disturbances. He stated the Police Department has been receiving complaints from patrons of the bar. Ken stated he feels a letter of reprimand to the management would be sufficient action at this time. Authority member Wilson made a motion, seconded by Authority member Oldham, to direct the City Attorney's Office to write a letter of reprimand to the Country Round Up. The Chairman put the motion which was unanimously adopted. Officer Ken Kirchhoff requested that a show/cause hearing be held on the basis of an alleged violation occuring at B3, 3524 South Mason. Authority member Long made a motion, seconded by Authority Chairman Seeg- miller, to schedule a show/cause hearing for B3, 3524 South Mason, on June 24, 1981. The Chairman put the motion which was unanimously adopted. Adjournment Authority member Oldham made a motion, seconded by Authority member Long, to adjourn. The meeting was adjourned at approximately 12:05 a.m. Chairman Secretary