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HomeMy WebLinkAboutLiquor Licensing Authority - Minutes - 12/10/1980LIQUOR LICENSING AUTHORITY Regular Meeting - December 10, 1980 7:30 P. M. A regular meeting of the Liquor Licensing Authority was held on Wednesday, December 10, 1980, in the Council Chambers of the City of Fort Collins Municipal Building. Roll call was answered by the following members: Bujack, Long, Rent, Seegmiller, and Wilson. Staff Members Present: Debbie Caster, City Clerk's Office Ken Kirchhoff, Police Department Pete Ruggiero, City Attorney's Office Minutes of the Regular Meeting of November 12, 1980, Approved Authority member Renz amended the minutes to state that Pamela Foster of Panhandler's Inc., has acquired all of the stock rather than required all of the stock. Authority member Long made a motion, seconded by Authority member Bujack, to approve the minutes of the regular meeting of November 12, 1980, as amended. The Chairman put the motion with the following votes: Yeas: Authority members Bujack, Long and Wilson. Abstain: Authority members Renz and Seegmiller. Renewals Approved for the Following Locations: North College Liquors, Inc., 814 North College Avenue Caninos Italian Restaurant, 613 South College Avenue Country Round -Up, 246 North College Avenue Tico's, 333 West Drake Road, Building 1 Catacomb's Restaurant, 115 South College Avenue Dragon Parlor, 1006 Boltz Drive The Hoard House, 934 Lemay Avenue Armadillo, 354 Walnut Street The Cow Paddy, 169 North College Avenue Big Cheese Pizza, 2635 South College Avenue Beaver's Supermarket, 1100 West Mountain Avenue Godfather's Pizza, 829 South Shields Handi-Pak, 1311 College Avenue Safeway, 106 East Foothills Parkway Authority member Long made a motion, seconded by Authority member Renz, to approve the above -listed renewals. _2_ December 10, 1980 The Chairman put the motion which was unanimously adopted. (Secretary's Note: The Authority considered the renewal for Johnny's Liquors at the end of the meeting under Police Report.) Renewal Approved for Ace Liquors, 200 East Mountain Avenue Authority member Long made a motion, seconded by Authority member Wilson, to approve the above renewal application. The Chairman put the motion which was unanimously adopted. Renewal Approved for Godfather's Pizza, 116 East Foothills Parkway Authority member Renz made a motion, seconded by Authority member Long, to approve the above renewal application. The Chairman put the motion which was unanimously adopted. Registration of Manager Approved for The Prime Minister, 3905 South College Avenue Mr. Ronald Rusnak, 425 East Magnolia, Fort Collins, Colorado, was sworn and spoke of his background with Concept Restaurants, which is an organization The Prime Minister is part of. Mr. Rusnak stated he has worked for Concept Restaurants for the last 6 1/2 years. He stated he is a limited partner with a restaurant in Coloardo Springs, having 2% ownership. Mr. Rusnak explained that identification is always checked if someone appears to be underage and stated there are no plans for changing the operation of The Prime Minister. Authority member Renz made a motion, seconded by Authority member Bujack, to approve the registration of manager pending a favorable report from the Colorado Bureau of Investigations. The Chairman put the motion which was unanimously adopted. Registration of Manager Approved for Tico's, 333 West Drake Road, Building 1 Mr. James Skorton, 1600 Banyon Street #1, Fort Collins, Colorado, was sworn -3- December 10, 1980 and stated he has been with Tico's approximately 5 1/2 years. He spoke of his various duties as the general manager of operations. Mr. Skorton stated there are no plans for major changes in the operation of the restaurant. Authority member Bujack made a motion, seconded by Authority member Long, to approve the registration of manager pending a favorable report from the Colorado Bureau of Investigations. The Chairman put the motion which was unanimously adopted. Extended Hours Approved for the Bear and Whale Tavern, Inc., 244 Pine Street Mr. Richard Lippman, 239 North McKinley Street, Fort Collins, Colorado, was sworn and stated he is the president of the corporation, part owner and general manager of the Tavern. He explained that several customers have requested that the Tavern be open later than 8 p.m. on Sundays. Mr. Lippman stated their hours on Sundays will be from 5:30 p.m. to 12 mid- night. Authority member Long made a motion, seconded by Authority member Bujack, to approve the extended hours application. The Chairman put the motion which was unanimously adopted. Expansion of Premises found not to be Substantial for Applegates Landing, 2721 South College Avenue Mr. Dave Osborn, attorney representing the applicant introduced the manager of Applegates, Mr. Gary Davis. Mr. Davis was sworn and explained that the expansion is for restaurant seating that will be used for banquet facil- ities and overflow seating during the lunch hour. He stated the present seating consists of 175 seats and they are proposing to expand by 100 seats. Mr. Dave Osborn stated that the landlord is Everitt Enterprises, Inc., and that the lease is subject to building approval. He stated the landlord is in the process of applying for the necessary building permit to start the expansion work. Authority member Wilson made a motion, seconded by Authority member Bujack, that the expansion is not substantial and to approve the application. -4- December IQ, 1980 The Chairman put the motion with the following votes: Yeas: Authority members Bujack, Long, Seegmiller and Wilson. Nays: Authority member Renz. Corporate Merger for Pizza Hut, 2631 South College Avenue Mr. Dennis Graham,attorney representing Pizza Hut of America, Inc., stated Denver Pizza Inc., is one of eight corporations that merged into Pizza Hut of America, Inc. He stated the surviving entity has been granted certificates of merger and authority by the Secretary of State. He stated the officers and directors of the Denver Pizza, Inc., are the same as Pizza Hut of America, Inc. Authority member Renz made a motion, seconded by Authority member Long, to approve the corporate merger from Denver Pizza, Inc., to Pizza Hut of America, Inc. The Chairman put the motion which was unanimously adopted. Transfer of Ownership and Change of Trade Name Approved for The Red Garter Oyster Bar, 117 Linden Valerie Czerepak, 343 Leeward Court, Fort Collins, Colorado, was sworn and spoke of her past experience. She stated she is currently one of the owners at The Fishery. Ms. Czerepak explained that a small deli and oyster and clam bar is proposed. She stated her intent is to cater to the downtown businesses for lunch. She stated no physical changes will be made other than the small deli. She stated the hours will be from 11 a.m. to 2 a.m. and that she will be closed on Sundays. Ms. Czerepak spoke of the menu consisting of homemade soups, sandwiches, salads, oysters and clams and side orders. She added that she will employ approximately 7 waitresses and 5 waiters. She explained that she is purchasing the business but only leasing the building from Mr. Ed Stoner. Authority member Renz made a motion, seconded by Authority member Long, to approve the transfer of ownerhsip from The Red Garter, Inc., to Valerie Czerepak and the change of trade name from The Red Garter to The Red Garter Oyster Bar pending a favorable report from the Colorado Bureau of Investi- gations. The Chairman put the motion which was unanimously adopted. -5- December 10, 1980 Transfer of Ownership and Change of Trade Name Approved for Kimsey's, 214 Linden Mr. Gary Kimsey, 527 North Loomis, Fort Collins Colorado, was sworn and spoke of his background. Mr. Kimsey stated he currently owns the Town Pump and intends to continue to be the manager of it as well as Kimsey's. He stated the operation of Kimsey's will be the same as The Nutmeg Pub and their hours will be from 11 a.m. to 2 a.m. Mr. Kimsey stated that identi- fication is checked for minors. Mr. Charles Scott Nelson, 3410 Valley Oak Drive, Loveland, Colorado, was sworn and stated he owns Beyer Music. Mr. Nelson spoke briefly of his past experience and explained he will only help Gary Kimsey out whenever help is needed. Mr. Gary Kimsey stated that the business is costing $100,000 and that no money has been borrowed. Authority member Long made a motion, seconded by Authority member Wilson, to approve the transfer of ownership from F & R, Ltd., Inc., to JFF, Inc., and change of trade name from The Nutmeg Pub to Kimsey's pending a favor- able report from the Colorado Bureau of Investigations. The Chairman put the motion with the following votes: Yeas: Authority members Bujack, Long, Seegmiller and Wilson. Nays: Authority member Renz. New Application Accepted for a Beer and Wine license for Chow's Gardens, 1220 North College Avenue Authority member Long made a motion, seconded by Authority member Wilson, to accept the application and set the preliminary hearing for January 7 and the final hearing for February 4, 1981. The Chairman put the motion which was unanimously adopted. New Application Accepted for a 3.2% Fermented Malt Beverage license for West Mountain Texaco 1032 West Mountain Avenue Authority member Renz made a motion, seconded by Authority member Bujack, to accept the application and set the final hearing for January 7, 1981. -6- December 10, 1980 The Chairman put the motion which was unanimously adotped. New Application Accepted for a Beer and Wine license for The Mandarin Restaurant, 1720 West Mulberry Authority member Long made a motion, seconded by Authority member Renz, to accept the application and set the preliminary hearing for January 7 and the final hearing for February 4, 1981. The Chairman put the motion which was unanimously adopted. Final Hearing for a Tavern license for Friends II, 142 Linden, License Granted The Resolution outlining the results of the preliminary hearing was read by title only. Authority member Renz made a motion, seconded by Authority member Long to adopt the Resolution as presented. The Chairman put the motion which was unanimously adopted. Mr. Robert Lamana, 3416 Arapahoe Drive, Fort Collins, Colorado, was sworn and spoke of his past work experience. He then spoke of his plans for operation in the downtown area that will fit in with the theme of Old Town. Mr. Lamana stated he will provide a lunch menu consisting mostly of munch- ies and light foods such as deli sandwiches, homemade soups, clams, chili, etc. The proposed hours of operation will be from 11 a.m. to 2 a.m. and from 12 noon to 12 midnight on Sundays. He added that he feels there is a real need for this type of bar in the downtown area that will be open late evenings and still serve food. Mr. Lamana presented petitions containing approximately 310 signatures that had been circulated on behalf of the application. He stated only a few declined to sign the petitions due to religious beliefs. Authority member Bujack made a motion, seconded by Authority member Renz, to approve the Tavern license for Friends II, 142 Lidnen pending a favor- able report from the Colorado Bureau of Investigations. The Chairman put the motion which was unanimously adopted. -7- December 10, 1980 Final Hearing for a 3.2% Fermented Malt Beverage License for Kaddy Korner, 1700 West Mulberry Tabled Authority member Bujack made a motion, seconded by Authority member Renz, to table the final hearing for Kaddy Korner, 1700 West Mulberry, to Febr- uary 4, 1981. The Chairman put the motion which was unanimously adopted. Show/Cause Hearing for Sam's Old Town Ballroom, 162 Linden Letter of Reprimand Ordered Officer Dave Mickelson, Police Officer for the City of Fort Collins, was sworn and described what he had observed the 16th of September. Officer Mickelson stated he entered the side door of Sam's on Sept. 16 and observed 25-30 people in the bar. He stated some were cleaning up and others appeared to be consuming alcoholic beverages. He stated he did confiscate a drink from a male patron at 2:05 a.m. which was later determined to be a screwdriver. Officer Mickelson spoke with the manager, Mr. Steve Ackerman, about the incident in which he (Mr. Ackerman) claimed he had lost track of the time. Officer Ken Kirchhoff stated the ethyl alcohol content of the confiscated drink was determined to be 7% by weight. Mr. Steve Ackerman, manager of Sam's Old Town Ballroom, was sworn and stated the man who was approached by Officer Mickelson was a friend of one of his employees. He stated he feels this is why the employee didn't follow normal procedures. Mr. Ackerman explained that normal procedures are to stop serving drinks at 1:30 a.m. and then take the drinks away and start cleaning up at closing time. Authority member Renz made a motion, seconded by Authority member Long, to determine that a violation did occur on September 16, 1980, at Sam's Old Town Ballroom, 162 Linden. The Chairman put the motion which was unanimously adopted. Mr. Ackerman stated he feels he has a good working relationship with the Fort Collins Police Department. He also stated he feels there were no other alcoholic beverages on the premises after 2:00 a.m. on the 16th other than the one confiscated. -8- December 10, 1980 He added that he has only had one other show/cause hearing about 3-4 years ago when he held a 3.2% Fermented Malt Beverage license. Officer Ken Kirchhoff stated he had no recommendation for the type of action that should be taken but pointed out that when he worked the north area of bars, he had no problems with Sam's Old Town Ballroom. Authority member Bujack made a motion, seconded by Authority member Long, to direct the City Attorney's Office to write a letter of reprimand to the owner of Sam's Old Town Ballroom, 162 Lindehn. The Chairman put the motion with the following votes: Yeas: Authority members Bujack, Long, Renz and Seegmiller. Nays: Authority member Wilson. Final Resolution Adopted Granting a Tavern License for Electric Stampede 242 Linden The Resolution was read by title only. Authority member Long made a motion, seconded by Authority member Bujack, to adopt the Resolution as presented. The Chairman put the motion which was unanimously adopted. Police Report Officer Ken Kirchhoff requested that a show/cause hearing be held on the basis of an alleged violation occurring at Ace Liquors, 200 East Mountain Avenue, on November 14, 1980. Authority member Wilson made a motion, seconded by Authority member Bujack, to schedule a show/cause hearing for Ace Liquors, 200 East Mountain Avenue, on January 7, 1981. The Chairman put the motion which was unanimously adopted. Office Ken Kirchhoff also requested that a show/cause hearing be held on the basis of an alleged violation occurring at Johnny's Liquors, 111 West Prospect , on February 4, 1981. The Chairman put the motion which was unanimously adopted. -9- December 10, 1980 Renewal Approved for Johnny's Liquors, 111 West Prospect Authority Member Bujack made a motion, seconded by Authority member Wilson, to approve the above renewal application. The Chairman put the motion which was unanimously adopted. In reference to the renewal that was handled administratively for Johnny's Liquors, Dave Osborn, attorney representing the applicant, answered Autho- rity member Renz' question stating that the store in Greeley is owned by Mrs. Blake and the Fort Collins store is owned by Mr. Blake and his son, Jerry Blake. Authority member Renz stated her objection to the manner in which Johnny's Liquors was handled. In addition, Authority member Wilson stated she had no objection to the manner in which it was handled. The Board briefly discussed handling renewals administratively. The Board decided to ask the Attorney's Office to draft an ordinance that will change the wording of the existing ordinance so that renewals are handled administratively unless there is an outstanding violation, in which case those renewals will go before the Authority. Adjournment Authority member Renz made a motion, seconded by Authority member Bujack, to adjourn. The Chairman put the motion which was unanimously adopted. Z'F a rmi an ecre ary