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HomeMy WebLinkAboutLiquor Licensing Authority - Minutes - 11/21/1973LIQUOR LICENSING AUTHORITY Regular Meeting November 21, 1973, 7:30 P.M. The Chairman called the meeting to order at 7:35 P.M. There were present: Robotham, Hendrick, Fentress, Batson and Baldivia. Absent: None. Staff members present: Brunton, Smith, Myatt and Lewis. Minutes of October 17, 1973 meeting approved Chairman Robotham stated copies of the minutes had been received. Member Batson made a motion, seconded by Shiela Hendrick, to approve the minutes as published. Yeas: Members Robotham, Hendrick, Fentress, Batson and Baldivia. Nays: None. Hearing on Isle of Seven Seas 3.2% Fermented Malt Beverage License, 181 North College Avenue taken under advisement Chairman Robotham stated City Attorney Myatt would make opening remarks as to procedure. Assistant City Attorney Myatt stated he would make an opening statement of the status of the hearing, then the City would present evidence of the alleged violation, the licensee next would have the right to cross-examine any witnesses that the City produces; the City could redirect and the members of the Authority could ask any questions. The first item, Isle of the Seven Seas, the City had stipulated as to the facts of the violation, so there would be no presentation of evidence. Two alleged violations, as noted in the "show cause letter" were violation of Section 33-20 (A) and Section 33-23 of the Code of Ordinances of the City of Fort Collins, also, Regulations 4-B and 4C of the Colorado 3.2% Beer Act. Attorney David Osborn, representing the license holder, David Massopustr addressed the two violations and requested that an oral or written reprimand be issued. Mr. David Massopust responded to inquiries from the Authority on the alleged violation, the remedial steps to be taken in instructing employees and the posting of the required sign advising that the Police Department would be called in the event of a disturbance. City Attorney Myatt outlined the alternatives open to the Authority in rend- ing a decision. Attorney Osborn again suggested a written reprimand and directions for some instructive steps for improving the operations. Member Fentress made a motion, seconded by Sheila Hendrick, to take the matter under advisement and respond to the applicant in 30 days. The motion carried. Flj Page 2 Renewal application for Isle of Seven Seas for a 3.2% FPr P.ntPd Malt Beverage License approved The Chairman stated this was a renewal application and change of one of the owners, the license had expired on November 15, the State Authority had allowed the establishment to operate, pending the regular meeting of the Authority. The Authority was advised that Mr. David Massopust was now the sole owner of the Isle of the Seven Seas, and an unsigned copy of the assignment of the lease was presented with a signed copy to be submitted by November 26, 1973. Authority member Hendrick made a motion, seconded by Rudy Baldivia, to approve the renewal application for Isle of the Seven Seas. The motion carried. Hearing on Gene's Tavern, 3.2% Fermented Malt Beverage License taken under advisement Attorney Ronald Strahle representing the license holder and his wife, stipu- lated he had received notice of the hearing. City Attorney Myatt stated this was a show cause hearing for a violation of Rule 4 of the 3.2% Beer Act. The City of Fort Collins would present testi- mony through witnesses regarding the violation of the Rule. Officer Bill Haals and Officer Charles McMillen were sworn by the court recorder and gave oral testimony. Attorney Myatt instructed the Authority as to the use of evidence in reaching a termination on this matter. Authority member Batson made a motion, seconded by Sheila Hendrick, to take the matter under advisement and notify the licensee of the Authrity's decision in 30 days. The motion carried. Resolution and findings on preliminary hearing for a Hotel -Restaurant Liquor License adopted City Clerk Verna Lewis read the resolution at length: Authority member Fentress made a motion, seconded by Sheila Hendrick, to adopt the resolution. The motion carried. RESOLUTION 73-1 OF THE LIQUOR LICENSING AUTHORITY OF FORT COLLINS SETTING FORTH FINDINGS ON A PRELIMINARY HEARING ON A LIQUOR LICENSE APPLICATION WHEREAS, heretofore, Gene Kapperman, doing business as Gene's Tavern, made application to the Liquor Licensing Authority for a beer, 0 wine and liquor license (Hotel, Restaurant); and so Page 3 WHEREAS, the Liquor Licensing Authority has received reports concerning such applications, and has held a preliminary hearing on such application as provided in Rule 3 of the Rules of Procedure of. the Liquor Licensing Authority. NOW, THEREFORE, BE IT RESOLVED BY THE LIQUOR LICENSING AUTHORITY OF THE CITY OF.FORT COLLINS, that the Authority hereby makes the following preliminary findings and determinations concerning this application, subject to the right of any party in interest to present further evidence concerning any of such findings and determinations at the hearing to be held on this application on the 19th day of December, 1973: 1. That the subject premises are proper premises under the ordin- ances of the City of Fort Collins and the laws of the State of Colorado to be licensed for the sale of liquor as applied for by the applicant. 2. That the boundaries of the neighborhood to be served by this applicant are as follows: Fort Collins, Colorado 3. That the necessary notice of hearing by publication and by Posting of the premises has not been given as provided by law, and the Authority has directed the City Clerk to accomplish said notice prior to the hearing date. 4. That the applicant is qualified under the ordinances of the City and the laws of the State for the license applied for. S. That the application is in proper form and will be heard by the authority on December 19, 1973 at 7:30 P.M. Passed and adopted at a regular meeting of the Liquor Licensing Authority held this 21st day of November, 1973. M Page 4 �Lhairman ATTEST: i - . M_ "771MFJM�=�_ M Renewal application by South College Corporation dba South College Liquors, 2724 South College Avenue, for a Retail Liquor Store License approved This is a routine renewal, the Police Department report is negative. Authority member Batson made a motion, seconded by Rudy Baldivia, to approve the renewal application for South College Corporation. The motion carried. Renewal application for a Retail Liquor Store License for Ace Liquor's, 200 East Mountain Avenue approved This is a routine renewal application, the Police Department report is negative. Authority member Baldivia made a motion, seconded by Rosemarie Fentress, to approve the renewal application of Ace Liquors. The motion carried, Renewal application for Retail Liquor Store License for Johny's Liquors, Ill West Prospect approved This is a routine renewal application, the Police Department report is nega- tive. Authority member Hendrick made a motion, seconded by Rudy Baldivia, to approve the renewal for Johny's Liquors. The motion carried. Renewal application for a Wine and Beer Liquor License for Bel -Aire, Inc. dba Giuseppe's. 354 Walnut Street annroved This is a routine renewal application, the Police Department report is negative. Authority member Fentress made a motion, seconded by Sheila Hendrick, to approve the renewal of Bel -Aire, Inc. dba Giuseppe's. The motion carried. Page 5 Renewal application for a Hotel -Restaurant Liquor License for Bake's Restaurant, 249 South College Avenue approved Chairman Robotham stated the Police Department report reflected one violation. Police Chief Smith stated the Department had probably been presumptuous, there was a deadline to be met and the reports had been submitted. The State Authority had been advised on the violation (serving to an intoxicated person) and no charges were made by the Police Department. Therefore, Chief Smith stated he would like to recind the recommendation that a written warning be issued to the establishment. Authority member Batson made a motion, seconded by Rudy Baldivia, to approve the renewal application of Bake's Resturant. The motion carried. Renewal application for Retail Liquor Store License by William G. Goff dba Bill's Aggie Liquors, 429 Canyon Avenue approved This is a routine renewal, the Police Department report is negative. Authority member Hendrick made a motion,seconded by Rosemarie Fentress, to approve the renewal of Bill's Aggie Liquors. The motion carried. Renewal application for a Hotel -Restaurant Liquor License for Unicorn Corporation dba Catacombs Restaurant, 115 South College Avenue approved Police Chief Smith spoke to the after hours consumption, and again recinded the recommendation that a written warning be issued to this establishment; further the education program used in connection with any establishment. Authority member Batson made a motion, seconded by Rudy Baldivia, to approve the renewal application of Catacombs Restaurant. The motion carried. Renewal application for a Hotel -Restaurant Liquor License by William R. Starke and Mary Ann Brantmeyer dba Northern Hotel Restaurant and Lounge, 172 North College Avenue approved This is a renewal application for an establishment for a new operation in business from October 26, 1973 to the present, it is a routine application and the Police Department report is negative. Authority member Hendrick made a motion, seconded by Rosemarie Fentress, to approve the application for the Northern Hotel. The motion carried. Renewal application for Hotel -Restaurant Liquor License for Golden Ram, 214 Linden and Extended Hours approved This is a routine renewal application, the Police Department report is negative. N Page 6 Authority member Batson made a motion,seconded by Rudy Baldivia, to approve the application for renewal of the Liquor License, also extended hours license. The motion carried. Renewal application for Campus West Liquors, 1107 Ci Park Avenue, for Retail Liquor Store License approve This is a routine renewal, the Police Department report was negative. Authority member Rosemarie Fentress made a motion, seconded by jo}ni Batson, to approve the renewal of Campus West Liquors. The motion carried. Renewal application for Horsetooth Lanes, 217 West Horsetooth Road for Hotel -Restaurant Liquor License and Extended Hours approved This is a routine renewal. The Police Department report is negative. Authority member Hendrick made a motion, seconded by Rudy Baldivia, to approve this renewal. The motion carried. Renewal application of Sage Brush, 934 Lemay, of Hotel - Restaurant Liquor License, also Extended Hours license approved The Sage Brush has submitted a new application and wish to change from a corporation to a partnership, they also have an extended hours application. The Police Department report is negative. Authority member Batson made a motion, seconded by Rudy Baldivia, to approve the renewal and extended hours application. The motion carried. Renewal application for Pizza Roma, for 3.2% Fermented Malt Beverage License, 749 North College Avenue approved This is a routine renewal, the Police Department report is negative. Authority member Batson made a motion, seconded by Sheila Hendrick, to approve the renewal. The motion carried. Renewal application for Veterans of Foreign Fuars, Rocky Mountain Post No. 1781, 201 Linden Street, for a Club License approved This is a routine renewal, the Police Department report is negative. Authority member Fentress made a motion,seconded by Sheila Hendrick, to approve this renewal. The motion carried. M N Page 7 Renewal application of Out of Bounds for a Hotel -Restaurant Liquor License, also Extended Hours License, 200 West Mountain Avenue approved This is a routine renewal. The Police Department report was negative. They also hold an extended hours license. Authority member Batson made a motion, seconded by •9heila Hendrick, to approve this renewal for the license and extended hours license. The motion carried. Renewal application for 3.2% Fermented Malt Beverage License for Pryntha J. Jones dba Sportsman's Bar, 210 Walnut approved This is a routine renewal, the Police Department report is negative. Authority member Baldivia made a motion, seconded by Rosemarie Fentress, that this renewal be approved. The motion carried. Hearing dates established for a Hotel -Restaurant Liquor License with Extended Hours by Gillermo and Jesse Godinez dba Casa Godinez Restaurant, Foothills Fashion Mal . City Attorney Myatt stated he had reviewed the application and it was in proper form, the applicants did have tiie right to the premises. Authority member Batson made a motion, seconded by Rudy Baldivia, to establish the preliminary hearing on December 19, 1973 with the final hearing on January 16, 1974. The motion carried. Rules of Procedure for 3.2% Fermented Malt Beverage License City Attorney Myatt stated the items to consider were the changing the wording from the City Council to the Liquor Licensing Authority. Also the filing of the application with the City Clerk. Authority member Hendrick made a motion, seconded by Rudy Baldivia, to adopt the changes as presented by the City Attorney. The motion carried. Rules of Procedure for Liquor Licensing Authority City Attorney Myatt stated the change was in Rule 3-D in the City Clerk's duties relative to the posting and publication of a new application. Authority member Hendrick made a motion,seconded by Rosemarie Fentress, that Rule 3-D of the Rules of the Liquor Licensing Authority be changed that at the time of the preliminary hearing, the City Clerk shall be directed to adequately post and publish the notice of the final hearing at least 15 days prior to the final hearing. The motion carried. M fWage 8 Suspension for Gene's Tavern approved The Authority discussed the alleged violations for Gene's Tavern and the evidence presented. Authority member Hendrick made a motion, seconded by .John Batson, that the Authority finds that Gene's Tavern did violate the Local and State Liquor Laws as stated the show cause letter. The motion carried. The Authority discussed, and an informal poll was taken on the alternatives the Authority could consider on this matter. Authority member Batson made a motion, seconded by Rudy Baldivia, to suspend the 3.2% Fermented Malt Beverage License for Gene Kapperman dba Gene's Tavern for five days; the dates to be determined by the Administration. The motion carried. The recommendation of the Authority was further that any suspension commence at midnight. Suspension for Seven Seas approved The Authority reviewed the testimony on the alleged violation for the Seven Seas. City Manager Brunton spoke to the duties of the staff in working with the Authority. Authority member Batson made a motion, seconded by Sheila Hendrick, that the Authority finds that the license holder for the Seven Seas did violate Section 33-23 of the Code of the City of Fort Collins and the Rules and Regu- lations 4-A of the State 3.2% Beer Act. The motion carried. Authority member Hendrick made a motion, seconded by Rosemarie Fentress, to suspend the 3.2% Fermented Malt Beverage License for the Seven Seas for five days; the dates to be determined by the Administration. The motion carried. The Authority recommended the suspension begin at midnight. Further that the Administration make recommendations to the license holder on methods to improve their operation. Adjournment Authority member Batson made a motion, seconded by Rosemarie Fentress, that the Licensing Authority adjourn. The motiop carried. Chai an ATTEST: cretary