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HomeMy WebLinkAboutLiquor Licensing Authority - Minutes - 03/08/1978Liquor Licensing Authority Regular Meeting - March 8, 1978 7:30 p.m. A regular meeting of the Liquor Licensing Authority was held on Wednesday, March 8, 1978, at 7:30 p.m. in the City Council Chambers of the City of Fort Collins Municipal Building. Roll call was answered by the following members: Bean, Long, Renz, Seegmiller, and Wilson. Staff members present: Sgt. Bob Mason, Police Department Molly Jacobsen, City Clerk's office Also: Assistant City Attorney Ramsey Myatt Minutes of the regular meeting of February 8, 1978, approved as published Authority member Renz made a motion, seconded by Authority member Long, to approve the minutes of the regular meeting of February 8, 1978, as published. The Chairman put the motion which was unanimously adopted. Renewals approved for: Collindale Snack bar, 1441 E. County Rd. #40 Pitzelle's, 119 W. Oak Upper Crust, 1012 S. College Ave. CSU, Student Center Red Garter Tavern, 117 Linden Authority member Long made a motion, seconded by Authority member Renz, to approve the above listed renewal applications. The Chairman put the motion which was unanimously adopted. Change of corporate status Pizza Hut, 2631 S. College Ave., approved This was a house -keeping item necessitated by a change in vice-presidents of the corporation. Authority member Bean made a motion, seconded by Authority member Long, to approve the change in corporate status for Pizza Hut. The Chairman put the motion which was unanimously adopted. , New application accepted for a Class B 3.2% Fermented Malt Beverage license submitted by Southland Corporation dba 7-Eleven, 430 Remington. -1- . • . 3-8-78 The boundaries recommended by the Administration were: "An area 2,000 feet in each direction from the above address, squared to the nearest street and to include both sides of the street defined as: North from the subject premises to Mountain Ave; West from the subject premises to Meldrum St. extended; South from the subject premises to Plum St, extended; East from the subject premises to Smith St." The final hearing date was set for the next regularly scheduled meeting of April 5. Authority member Long made a motion, seconded by Authority member Bean, to accept the boundaries as recommended by the Administration and to set the final hearing date for April 5. The Chairman put the motion which was unanimously adopted. New application accepted for a Beer and Wine license submitted by Kiki's, 822 S. College Avenue Authority member Benz made a motion, seconded by Authority member Long, to accept the application submitted by Kiki's and to set the preliminary hearing date for April 5 and the final hearing date for May 3. The Chairman put the motion which was unanimously adopted. Special events permit for Colorado State University, Student Center Board, for April 21, granted Thomas Skinner, 324 S. Howes, President, Student Center Board, was duly sworn before giving testimony on the plans for the special events permit to be held on the west lawn of the Student Center during College Days. Sgt. Mason questioned Mr. Skinner about the number of control points provided. Mr. Skinner stated that there would most likely be two gates depending on whether or not there is water in Arthur's ditch. Mr. Skinner submitted the affidavit and photograph certifying that a sign had been posted the required number of days prior to the hearing. Authority member Long made a motion, seconded by Authority member Wilson, to approve the Special Events Permit for April 21, for Colorado State University, Student Center Board. The Chairman put the motion which resulted in the following vote: Yeas: Long, Renz, Seegmiller, and Wilson. Nays: Bean. The motion carried. Transfer of ownership of Campus West Liquors, 1107 City Park Ave. to Robert 5 Joan Ditzfeld, approved Sgt. Mason recommended tentative approval of the transfer pending the arrival of the fingerprint cards. -2- • • 3-8-78 Robert and Joan Ditzfeld, 614 S. Overland Trail were duly sworn before giving testimony on their backgrounds and employment records. Mr. Ditzfeld testified relative to his knowledge of I.D. procedures and to the methods of financing the business that were used. Mrs. Ditzfeld stated that she is employed at Hewlett-Packard and would help out by doing the books for the business. Assistant City Attorney Myatt stressed the importance of proper methods of checking I.D.'s to avoid violations. Authority member Bean made a motion, seconded by Authority member Long, to approve the transfer of ownership of Campus West Liquors subject to Sgt. Mason's previous stipulations regarding the fingerprint cards. The Chairman put the motion which was unanimously adopted. Transfer of ownership of Pogo's, 1220 W. Elizabeth to Charles C. McMillen dba Captain Emo's, approved Authority member Bean absented himself from any discussion on this matter. Charles McMillen, 131 N. McKinley, was duly sworn before giving testimony. He stated that Pogo's has been operated for the past 3 years by people out of Denver and that he has purchased the business with the idea of improving it. He noted that he had plans for phasing out the "disco" operation. Authority member Renz made a motion, seconded by Authority member Long, to approve the transfer of ownership at Pogo's. The Chairman put the motion which was unanimously adopted. (Bean out of the room.) Mr. McMillen spoke to the Authority regarding the remodeling plans stating that the seating would probably be decreased by about four. Assistant City Attorney Myatt noted that the Colorado Court of Appeals has declared that section of the statutes relating to changes in premises unconstitutional and that he would get a copy of the case. Authority member Renz made a motion, seconded by Authority member Long, that the remodeling changes are not substantial. The Chairman put the motion which was unanimously adopted. (Bean was out of the room.) Resolution adopted granting the Hotel - Restaurant license application submitted by Kay Frazee, dba Little Tokyo, 1801 N. College Ave. The Resolution was read by title only as each Authority member had been furnished a complete copy with the agenda. !kl! • . 3-8-78 FINDINGS AND RESOLUTION OF THE LOCAL LIQUOR LICENSING AUTHORITY OF THE CITY OF FORT COLLINS, COLORADO, CONCERNING AN APPLICATION FOR A HOTEL -RESTAURANT LIQUOR LICENSE The application of Kay Frazee, doing business as Little Tokyo Cafe, for a Hotel -Restaurant Liquor License came on for hearing on the 8th day of February, 1978, in the Council Chambers, City Hall, Fort Collins, Colorado, pursuant to notice duly given as required by law. The Authority, having heard the evidence introduced at the hearing, and having examined the documents introduced and having heretofore held a preliminary hearing and issued findings in writing on said preliminary hearing, now makes the following findings: 1. The neighborhood to be served.gnder this application is as defined in the preliminary findings of the Authority. 2. Nothing contained in C.R.S., 1973, Section 12-47-138 prohibits the issuing of a license at the proposed location. 3. The applicant is of good character and qualified under the Ordinances of the City of Fort Collins and the laws of the State of Colorado for the license applied for. 4. The application is in proper form. 5. Petitions were presented and received at the hearing, indicating a need for the license applied for and no evidence was presented indicating that said need does not exist, and -4- • • 3-8-78 the local licensing authority hereby finds that the reason- able requirements -of the neighborhood require the issuance of the license applied for. The Authority recognizes that other licenses exist in the neighborhood, but hereby finds that an additional need exists for the license applied for. RESOLUTION OF THE LOCAL LIQUOR LICENSING AUTHORITY OF THE CITY OF FORT COLLINS, COLORADO, CONCERNING AN APPLICATION FOR A HOTEL -RESTAURANT LIQUOR LICENSE BE IT RESOLVED by the Local Liquor Licensing Authority of the City of Fort Collins, Colorado that the application of Kay Frazee, doing business as Little Tokyo Cafe, for a Hotel -Restaurant Liquor License be and the same hereby is granted in accordance with the findings of the Authority set forth above. Passed and adopted thi's 8th day of March, A.D. 1978. &I Chairman ATTEST: er 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. (Bean out of the room.) TJ's Presentation Ray Dixon, one of the owners of the building at 142 Linden, was present and explained to the Authority their plans for cleaning up TJ's and stated that there has been considerable reduction in seating capacity, restoring the outlet to its original size before Mr. Borghi's expansion. The owners -5- • • 3-8-78 are working with the City's Building Inspection Department to bring the building up to Code. The transfer application will come before the Authority at the April 5 meeting as will the request to modify the premises. Resolution adopted as amended granting the Tavern license application submitted by Ben -Car Corporation dba Spring Creek Runoff, 1006 Spring Creek Lane. Mr. John Reid, attorney for the applicants, asked the court reporter present to record this portion of the meeting. He then discussed the events preceding the hearing of February 8 relating to the Council meeting of January 31, 1978, and also Mayor Bloom's statement at that meeting directing the City Attorney to draft an ordinance to clarify the zoning issue in the future. He noted that the City Attorney had drafted such an ordinance which will be presented on second reading on March 14, and will become final 10 days later on March 24 and that his client's application had been submitted on December 6, 1977, 4 months before this ordinance will become effective. He requested that the Authority amend the Resolution by deleting paragraph 7, page 2 and the last paragraph on page 3 beginning "Be it further resolved," thereby eliminating all the zoning contingencies. After discussion on the alternatives available, Authority member Renz made a motion, seconded by Authority member Long to adopt the Resolution with the recommended amendments above. The Chairman put the motion which resulted in the following vote: Yeas: Bean, Long, Renz, and Wilson. Nays: Seegmiller. FINDINGS AND RESOLUTION OF THE LOCAL LIQUOR LICENSING AUTHORITY OF THE CITY OF FORT COLLINS, COLORADO, CONCERNING AN APPLICATION FOR A TAVERN.LIQUOR LICENSE The application of Ben -Car Corporation, doing business as Spring Creek Runoff, Ltd., for a Tavern Liquor License came on for hearing on the 8th day of February, 1978, in the Council Chambers, City Hall, Fort Collins, Colorado, pursuant to notice duly given as required by law. The Authority, having heard the evidence introduced at the hearing, and having examined the documents introduced and having heretofore held a preliminary hearing and issued CL • 3-3-78 findings in writing on said preliminary hearing, now makes the following findings: s. 1. The neighborhood to be served under this application is as defined in the preliminary findings of the Authority. 2. Nothing contained in C.R.S., 1973, Section 12-47-138 prohibits the issuing of a license at the proposed location. 3. The applicant is of good character and qualified under the Ordinances of the City of Fort Collins and the laws of the State of Colorado for the license applied for. 4. The application is in proper form. 5. Petitions were presented and received at the hearing, indicating a need for the license applied for and, although some evidence was presented indicating that said need does not exist, nonetheless the local licensing authority hereby finds that the reasonable requirements of the neighborhood require the issuance of the license applied for. The Authority recognizes that other licenses exist in the neighborhood, but hereby finds that an additional need exists for the license applied for. 6. The building in which the license is to be operated is not now constructed; and no license should issue until the construction is completed in accordance with the plans and specifications submitted by the applicant and the require- ments of the Building Inspector made in conformity with the Ordinances of the City of Fort Collins. -7- • • 3-8-78 7. State n were made to the zoning probl fo the .subject premt�/ City Council meet iianuary 31,E ty concerning a an excerpt from the 3+ presented to t was not o:xhg question. not be issued until the zoning question has been clarified by the Fort Collins City Council the Authority, and the proper body to make a tion of The license applied for herein should RESOLUTION OF THE LOCAL LIQUOR LICENSING AUTHORITY OF THE CITY OF FORT COLLINS, COLORADO, CONCERNING AN. APPLICATION FOR A TAVERN LIQUOR LICENSE BE IT RESOLVED by the Local Liquor Licensing Authority of the City of Fort Collins, Colorado that the application of Ben -Car Corporation, doing business as Spring Creek Runoff, Ltd., for a Tavern Liquor License be and the same hereby is granted in accordance with the findings of the Authority set forth above; and BE IT FURTHER RESOLVED that said license shall not issue until the construction of the licensed premises is completed in accordance with the plans and specifications submitted to the Authority and the requirements of the City Building Inspector, and the Authority has received a report from said Building Inspector that said improvements have been completed in accordance with said plans and specifica- tions and the requirements of the Building Inspector; and so t. . �1 J 3-8-78 FURTHER zoning been t said license shall not City Council hag approved the zon the"isubject premises has KCouncil and said 2e the subject premises for the use by a Tavern Liquor License. Passed and adopted this 8th day of March, A.D. 1978. Lli_-'" Chairman ATTEST: City Jerk Final hearing on a Beer & Wine License submitted by Chung -Yuen Chan dba Oriental House, 2900 Harvard, application approved. The Chairman read the hearing procedures at length before proceeding with the final hearing. The Resolution setting forth the findings of the preliminary hearing and establishing the boundaries was read by title only as a complete copy had been furnished to each Authority member with the agenda. Authority member Bean made a motion, seconded by Authority member Renz, to adopt the Resolution as presented. The Chairman put the motion which was unanimously adopted. RESOLUTION OF THE LIQUOR LICENSING AUTHORITY OF FORT COLLINS SETTING FORTH FINDINGS ON A PRELIMIN- ARY HEARING ON A LIQUOR LICENSE APPLICATION WHEREAS, heretofore, Chung -Yuen Chan, doing business as Oriental House, 2900 Harvard, Fort Collins, Colorado, made application to the Liquor Licensing Authority for a Beer and Wine Liquor License; and GL 3-8-78 WHEREAS, the Liquor Licensing Authority has received reports concerning such applications, and has held a prelim- inary 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 determin- ations 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 8th day of March, 1978: 1. That the subject premises are proper premises under the ordinances 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: North from the subject premises to Prospect Street; West from the -subject premises to Shields Street; South from the subject premises to the City limits; and East from the subject premises to Lemay Avenue. 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. -10- • • 3-8-78 5. That the application is in proper form but has not been completed at the time of the preliminary hearing. The applicant was informed that the file was short a trade name R affidavit and evidence that the owner of the building approved the sublease to applicant: If the file is made complete prior to the final hearing date, the Authority will hear the application on March 8, 1978. Passed and adopted at a regular meeting of the Liquor Licensing Authority held this 8th day of March, 1978. Chairman AT ST City Clerk Mr. William Beardslee, representing the applicant, Chung -Yuen Chan, presented Mr. Chan as his first witness. Mr. Chan, 508 Canal was duly sworn before giving testimony. Mr. Chan stated that he had been operating the Oriental House about 11 months. He further noted that he had been born in Red China and had left there at age 15, escaping to Hong Kong. He came to the United States a year later, living first in Denver and working at the Lotus Room there. He stated that he did the cooking at the Oriental House and that their speciality was Cantonese Chinese food. He noted that many of their customers had requested beer or wine with their meals which was the reason he had decided to apply for a license. Mr. Beardslee then called Pat Chan, 508 Canal, who was duly sworn before giving testimony. Mr. Beardslee questioned her about procedures for checking I.D.'s. Mr. Beardslee presented applicants exhibit 3, being a petition with approximately 400 signatures, that had been circulated among the customers and patrons of the Oriental House by Mr. Chan and his wife. Mrs. Chan estimated 4-5 persons had refused to sign the petitions. His next witness, Mrs. Lila Long, 1300 Teakwood, was duly sworn before giving testimony. She noted that she and Mr. Long were good friends of -11- • 3-8-78 the Chans' and that the Chans considered them to be godparents. Mr. Beardslee presented applicant's exhibits 1 & 2, which had been circulated among residents and business persons respectively which contained approximately 180 signatures. Mr. Beardslee then called Luke Long, 1300 Teakwood, who was duly sworn before giving testimony. Mr. Long spoke of his relationship with the Chans. Mr. Beardslee then asked the Authority to grant the Beer & Wine license on the basis of evidence presented. Authority member Bean made a motion, seconded by Authority member Renz, to approve the Beer & Wine license submitted by Chung -Yuen Chan dba Oriental House, 2900 Harvard. The Chairman put the motion which was unanimously adopted. Police Report Sgt. Mason stated that he was asking for show/cause hearings rather than letters of reprimand on the majority of the alleged violations because the State officers had accompanied the Fort Collins Police Department officers and they had actually pursued violations and that summonses had been written in the establishments whereas normally that isn't done. He wanted to make the punishment more meaningful by bringing them before the Authority rather than just a letter of reprimand. He described each of the incidents in detail and separate motions were made as follows: 1. Authority member Seegmiller made a motion, seconded by Authority member Bean, to schedule a show/cause hearing April 5 for the Catacombs, 115 South College Avenue relative to an alleged under age sale on February 24. The Chairman put the motion which resulted in the following vote: Yeas: Bean, Long, Renz, and Seegmiller. Nays: Wilson. 2. Authority member Bean made a motion, seconded by Authority member Long to schedule a show/cause hearing on April 5 for the Northern Hotel, 172 North College relative to an alleged under age sale on February 25. The Chairman put the motion which resulted in the following vote: Yeas: Bean, and Long. Nays: Renz, Wilson, and Seegmiller. The motion failed. Authority member Renz made a motion, seconded by Authority member Wilson, to direct the City Attorney to write a sternly worded letter of reprimand to the above outlet and to indicate in that letter the requirements for the registration of the manager.. The Chairman put the motion which resulted in the following vote: Yeas: Renz, Seegmiller, and Wilson. Nays: Bean and Long. The motion carried. -12- �r • • 3-8-78 3. Authority member Seegm111er made a motion, seconded by Authority member Renz, to schedule a show/cuuse hearing on April 5 for the Shop 'n Go Market, 802 South College relative to an alleged under age sale on February 24. The'Chairman put the motion which was unanimously adopted. 4. Authority member Long made a motion, seconded by Authority member Renz, to schedule a show/cause hearing on April 5 for the Country Store, 830 South College relative to an alleged under age sale on February 8. The Chairman put the motion which was unanimously adopted. 5. Authority member Long made a motion, seconded by Authority member Bean to schedule a show/cause hearing on April 5 for Paul's Pizza, 1301 West Elizabeth relative to an alleged under age sale on February 9. The Chairman put thb motion .which was unanimously adopted. 6. Authority member Bean made a motion, seconded by Authority member Long to direct the City Attorney to write a sternly worded letter of reprimand to Orion's Belt, 242 Linden relative to an alleged under age sale on February 10. The Chairman put the motion which was unanimously adopted. Request to rescind the transfer of ownership for Grand American Fare, 132 Laporte, approved. The proposed change of corporate ownership is not taking place and David Osborn, attorney for the establishment asked that the transfer approved at the February 8 meeting be rescinded and that any refundable monies be refunded. Authority member Bean made a motion, seconded by Authority member Renz, to rescind the transfer and refund whatever portion of the fees paid that are refundable. The Chairman put the motion which was unanimously adopted. Adjournment Authority member Long made a motion, seconded by Authority member Wilson, to adjourn the meeting. The Chairman put the motion which was unanimously adopted. The meeting was adjourned -" Deputy City Clerk -13-