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HomeMy WebLinkAboutLiquor Licensing Authority - Minutes - 08/27/1997A regular meeting of the Liquor Licensing Authority was held on Wednesday, August 27, 1997, in the Council Chambers of the Fort Collins Municipal Building. The following members were present: Cooper, Davis, Haggerty, Schmitz, and Wawro. Members absent: Oldham and Xing. Staff Members Present: Aimee Jensen, City Clerk's Office Greg Tempel, City Attorney's Office Sandra Gibson, Police Department Consent Calendar The Consent Calendar is intended to expedite the meeting and allow the Authority to spend its time and energy on the important items on a lengthy agenda. Items on the Consent Calendar are (1) routine items; and (2) those of no perceived controversy. Anyone may request that an item be "pulled" off the Consent Calendar and considered separately. Items pulled from the Consent Calendar will be considered separately immediately following adoption of the Consent Calendar. 1. Report of Change of Corporate Structure for Diamond Shamrock Refining and Marketing Company. dba Diamond Shamrock Refining and Marketing Company #671 #1100 #1152 and #1158. 2. Report of Change of Comorate Structure for Northern Dining & Bar Bazaar & Old Colorado, Inc., dba Northern Dining & Bar Bazaar & Old Colorado Brewing & Gonzalo's Restaurant, 172 North College Avenue. 3. Renort of Change of Corporate Structure for Jugnu Inc. dba Tai-Mahal Restaurant 148 West Oak Street. 4. Request from Dillon Companies, Inc. dba King Soopers #9 1015 South Taft Hill Road to Change, Alter, or Modify the Licensed Premises. P • August 27, 1997 Authority member Cooper made a motion, seconded by Authority member Davis, to adopt and approve the items on the Consent Calendar. Yeas: Cooper, Davis, Haggerty, Schmitz, and Wawro. Nays: None. THE MOTION CARRIED. Show Cause Hearing for Harmony Discount Liquor, 115 East Harmony, #100, Stipulation Agreement Approved Special Prosecutor Mary Pat Daviet, representing the Fort Collins Police Department, stated the licensee, Hun I. Park and the Police Department have worked out a stipulation agreement. Liquor Enforcement Officer Rothschild outlined the main provisions of the agreement as follows: (1) License to be actively suspended for fifteen (15) days to be served in three (3) increments of five (5) consecutive days each, with those five-day suspension periods to be served during the months of September and November 1997, and January, 1998, respectively, with thirty (30) days to held in abeyance for one year; (2) that during the active suspension, the Licensee shall post the notices described in Regulation 47-110.1F (as of July 1, 1997, Regulation 47-600F.); and (3) that the licensee shall, within thirty (30) days of the date of this order, complete TIPS training or some similar training as approved by the Fort Collins Liquor Enforcement Officer regarding sale and service of alcohol. In response to a question from the Authority, Zach Wilson, attorney representing the licensee, stated the reason for the clause in the stipulation agreement to accelerate the suspension, is that in the event the business is sold, the new owner is not burdened with the penalties. Mr. Wilson noted there was a typographical error on the first page of the stipulation agreement. The name should read Jennifer Noel, not Geraldine Noel. Officer Rothschild corrected the stipulation agreement. Officer Rothschild recommended the Authority accept this stipulation. Authority member Cooper made a motion, seconded by Authority member Schmitz, to adopt the findings and order accepting the stipulation agreement as amended. Yeas: Cooper, Davis, Haggerty, Schmitz, and Wawro. Nays: None. THE MOTION CARRIED. 2 • • August 27, 1997 Registration of Michael Harly Doran as Manager of Archer's, 3524 South Mason Street, Approved In response to a question from the Authority, Michael Harly Doran, applicant, detailed criminal history that had been undisclosed. Mr. Doran detailed his employment history. Authority member Cooper recommended Mr. Doran review the Colorado Liquor Code. Authority member Davis made a motion, seconded by Authority member Schmitz, to approve Michael Harly Doran as manager of Archer's, 3524 South Mason Street. Yeas: Cooper, Davis, Haggerty, Schmitz, and Wawro. Nays: None. THE MOTION CARRIED. Consideration of an Application from the Poudre Landmarks Foundation, Inc., for a Special Events Permit at 1208 West Mountain Avenue on September 11 1997 Approved Liza Judd-Salimbeni, event manager, described the event. She stated they have liquor liability insurance and that the event will be held in the fenced backyard. In response to a question from the Authority, Ms. Salimbeni stated the expected age -range of participants is 35-90 years old. Authority member Cooper made a motion, seconded by Authority member Davis, approve the application from the Poudre Landmarks Foundation for a Special Events Permit at 1208 West Mountain on September 11, 1997. Yeas: Cooper, Davis, Haggerty, Schmitz, and Wawro. Nays: None. THE MOTION CARRIED. Consideration of an Application from the Eyeopeners Kiwanis Club of Fort Collins, for a Special Events Permit in Old Town Square, on September 13 and 14 1997 Approved Bill Thieman, event manager, described the event. He stated this is the 20`h annual event and this is the first time they are applying for two days. Dr. Thieman noted the kegs will be stored in close proximity to where they will be serving. He stated they will be patrolling the licensed premise with at least one off duty officer. Dr. Thieman stated there have been no liquor violations in the past. 3 U • August 27, 1997 In response to a question from the Authority, Dr. Thieman stated he does not have permission to include Laura's fudge shop. Authority member Wawro made a motion, seconded by Authority member Davis, to approve the application from the Eyeopeners Kiwanis Club for a Special Event Permit for the OctoberFest on September 13 and 14, 1997 in Old Town Square, on the condition they obtain approval from Laura's Fudge Shop to be included in the licensed premise or submit a diagram removing it from the licensed premise. Yeas: Cooper, Davis, Haggerty, Schmitz, and Wawro. Nays: None. THE MOTION CARRIED. Consideration of an Application from the One West Contemporary Art Center, for a Special Events Permits at 201 South College Avenue, September 19, October 17, and November 21, 1997, Approved Angela Brayham, event manager, stated there have been no liquor violations. Ms. Brayham stated they do not allow anyone under 21 into the gallery during these events. Ms. Brayham described the events. Authority member Cooper made a motion, seconded by Authority member Wawro, to approve the application from One West Contemporary Art Center, for Special Event Permits for September 19, October 17, and November 21, 1997. Yeas: Cooper, Davis, Haggerty, Schmitz, and Wawro. Nays: None. Show Cause Hearing for Old Town Liquors, 238 East Mountain, Violation Found Mary Pat Daviet, attorney representing the Fort Collins Police Department, stated that the Authority found probable cause at its July 23, 1997 meeting to schedule this show cause hearing for Old Town Liquors, 238 East Mountain, for alleged violations on June 19, 1997. Specifically, it is alleged that on or about June 19, 1997, the licensee, its employee or agent, sold, served, gave away, disposed of, exchanged, or delivered, or permitted the sale, serving, giving, or procuring of any malt, vinous, or spirituous liquor to a visibly intoxicated person, to wit: Anthony Galviz, Jr., Section 12-47-128(1)(a) Colorado Revised Statutes (recodified as § 12-47-901(1)(a), CRS, effective July 1, 1997). Ms. Daviet called Cory Christensen, Fort Collins Police Officer, to testify. Officer Christensen was sworn. He described his employment and duties as a police officer. Officer Christensen stated he had multiple contacts with Anthony Galviz, both sober and 4 E • August 27, 1997 intoxicated. He stated he watched Mr. Galviz enter Old Town Liquors. He testified that he believed Mr. Galviz was intoxicated because he observed him staggering, swaying as he looked at signs in the liquor store, and occasionally use the wall to steady himself Officer Christensen testified that he watched Mr. Galviz walk to the counter in the liquor store, place the beer on the counter, and purchase the beer. He stated the clerk, Kelly Neal Farley, put the bottle of beer in a paper sack. He stated he contacted Mr. Galviz immediately after leaving the store. Officer Christensen stated that Mr. Galviz's eyes were blood shot, his speech was slurred, and that he had a strong odor of alcohol coming from his breath. He stated Mr. Galviz became agitated and was not detained. Officer Christensen stated he then contacted Kelly Neal Farley. He stated that Mr. Farley stated that he did not make conversation with Mr. Galviz. Mr. Johnson, attorney representing In Seon John, cross-examined Officer Christensen. In response to Mr. Johnson's questions, Officer Christensen stated Mr. Farley has been cooperative in working with the police. He stated no-one came in while Mr. Galviz was at the counter. Officer Christensen stated he did not believe Mr. Galviz posed a danger to himself or the public and therefore had no reason to detain him. Ms. Daviet stated that anyone who is drunk is not necessarily a danger to himself and that the City would rest. In response to a question from the Authority, Officer Christensen described the layout of the liquor store. He stated he saw Mr. Galviz stumbling in the store, but that he did not fall or hang on to anything. Mr. Johnson called Mr. Farley, Old Town Liquor clerk, to testify. Mr. Farley was sworn. He stated he has worked at Old Town Liquors since 1990. Mr. Farley stated the store was busy the evening he served Mr. Galviz and that Mr. Galviz is a weekly customer. He described Mr. Galviz's physical characteristics and that he walks with effort due to physical problems. Mr. Farley stated Mr. Galviz did not seem intoxicated during the exchange. He noted English is not Mr. Galviz's native language and that he has refused to sell liquor to Mr. Galviz 3-4 times over a 7 year period. Ms. Daviet cross-examined Mr. Farley. Mr. Farley stated he had 4-5 people at the counter when Mr. Galviz approached the counter and did not watch him walk down the aisle to the beer cooler. He stated he did notice Officer Christensen outside the store, but assumed he was on patrol. Mr. Farley stated he was to busy to fully assess Mr. Galviz, but that he did not appear intoxicated to him. In response to a question from the Authority, Mr. Farley stated he was T.I.P.'s certified in 1992. Mr. Johnson called In Seon John, owner, to testify. Ms. John was sworn. She stated she has owned Old Town Liquors since 1992 and that Mr. Farley has been employed by her the entire time. 5 • • August 27, 1997 Ms. Daviet summarized the Prosecution's case. Mr. Johnson summarized the Defendant's case. Authority member Cooper made a motion, seconded by Authority member Davis, to find that on or about June 19, 1997, Old Town Liquors was in violation of Section 12-47-128(1)(a), Colorado Revised Statutes (recodified as § 12-47-901(1)(a), CRS, effective July 1, 1997). Yeas: Cooper, Davis, Haggerty, Schmitz, and Wawro. Nays: None. THE MOTION CARRIED. Officer Rothschild stated the Police Department did offer a stipulation agreement to the licensee consisting of 23 days to be served with 20 days held in abeyance. He stated the 13 days held in abeyance from the last offense must be served and is asking for an additional 10 days for the second offense. Mr. Johnson stated a 23 day suspension would be a major punishment for this establishment. Discussion followed regarding the extent of the penalty. Authority member Davis made a motion, seconded by Authority member Cooper, to impose a 60 day suspension with 17 days to be served along with the 13 days from the previous offense for a total of 30 days to be served over a 6 month period to be arranged between the licensee and Officer Rothschild, and the remaining 43 days to be held in abeyance for two years. Yeas: Cooper, Davis, and Schmitz. Nays: Haggerty and Wawro. THE MOTION CARRIED. Police Report Officer Rothschild stated the licensees for the following establishments, and the Fort Collins Police Department have worked out stipulation agreements regarding violations found during recent compliance checks. He asked the Authority to approve the stipulation agreements. Cozzola's Pizza Authority member Cooper made a motion, seconded by Authority member Davis, to adopt the findings and order accepting the stipulation agreement as presented for Cozzola's Pizza, 241 Linden. Yeas: Cooper, Davis, Haggerty, Schmitz, and Wawro. Nays: None. (Secretary's note: License suspended for 3 days with 2 days held in abeyance.) THE MOTION CARRIED. n • • August 27, 1997 Los Tarascos Authority member Wawro made a motion, seconded by Authority member Davis, to adopt the findings and order accepting the stipulation agreement as presented for Los Tarascos, 626 South College. Yeas: Cooper, Davis, Haggerty, Schmitz, and Wawro. Nays: None. (Secretary's note: License suspended for 3 days with 2 days held in abeyance.) THE MOTION CARRIED. Other Business Listed below are proposed meeting dates for 1998. All dates are on the fourth Wednesday of the month, except for November and December. A combined November/December meeting is proposed for the first Wednesday in December. January 28 July 22 February 25 August 26 March 25 September 23 April 22 October 28 May 27 No November meeting June 24 December 2 Authority member Cooper made a motion, seconded by Authority member Schmitz to adopt the 1998 schedule. Yeas: Cooper, Davis, Haggerty, Schmitz, and Wawro. Nays: None. THE MOTION CARRIED. Authority member Wawro made a motion, seconded by Authority member Cooper, to elect Authority member Oldham as Chairperson. Yeas: Cooper, Davis, Haggerty, Schmitz, and Wawro. Nays: None. THE MOTION CARRIED. Authority member Wawro made a motion, seconded by Authority member Cooper, to elect Authority member Davis as Vice -Chairperson. Yeas: Cooper, Davis, Haggerty, Schmitz, and Wawro. Nays: None. THE MOTION CARRIED. FA • • August 27, 1997 Adjournment Authority member Davis made a motion, seconded by Authority member Wawro, to adjourn. Yeas: Cooper, Davis, Haggerty, Schmitz, and Wawro. Nays: None. THE MOTION CARRIED. The meeting adjourned at 8:25 p.m. 0