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HomeMy WebLinkAboutLiquor Licensing Authority - Minutes - 06/02/19760 June 2, 1976 LIQUOR LICENSING AUTHORITY Regular Meeting - 7:30 P.M. A regular meeting of the Liquor Licensing Authority of the City of Fort Collins was held on June 2, 1976, at 7:30 P.M. in the Council Chambers in the City of Fort Collins City Hall. Chairman Seegmiller called the meeting to order noting the following Authority members present: Rudy Baldivia, Linda Renz and Carlos Seegmiller. Authority member MacNair arrived at 8:30 P.M. while the hearing for Ace Liquors was in progress. Absent: Ed Stoner. Staff Members Present: Jeff Groves and LaVonne Dowell. Also Present: Assistant City Attorney Ramsey Myatt, Councilman Bloom, State Liquor Enforcement Officer James Barry and State Liquor Enforcement Officer Dan Kramer. Minutes of Regular Meeting of May 5, 1976 Approved as Published Authority member Baldivia made a motion,seconded by Authority member Seegmiller to approve the minutes of the May S, 1976 meeting as published. Yeas: Authority members Baldivia and Seegmiller. Abstain: Authority member Renz. Boundaries for the Area to Be Served Set For The Hotel, Restaurant Application Submitted by Colorado Fare Inca dba Centennial. 132 LaPorte Avenue Attorney David Wood presented himself representing the applicant. The recommendation for boundaries from the administration is as follows: "North from subject premises to the City Limits. South from subject premises to Pitkin Street. East from subject premises to Riverside and Lemay following the City Limits North at the intersection of Riverside and Magnolia. West from subject premises to Shields Street." Authority member Renz made a motion, seconded by Authority member Baldivia to establish the boundaries for the area to be served as 0 set forth in the recommendation from the administration. The Chairman put the motion which was unanimously adopted. New Hotel Restaurant Liquor License for Guiseppe's of Fort Collins, Inca Accepted and Hearing Dates Scheduled Authority member Renz made a motion, seconded by Authority member Baldivia to accept the application, schedule the preliminary hearing for June 30, 1976 and the final hearing on July 28, 1976. The Chairman put the motion which was unanimously adopted. Renewal Application for a 3.2% Fermented Malt Beverage License for Pizza Hut, 2631 South College Avenue, Approved Deputy City Clerk, LaVonne Dowell advised the Authority that this was a routine renewal. The following Police Department report was read at length: "On May 6, 1976, the above named corporation made application for renewal of their 3.2% Fermented Malt Beverage License. The same day this officer received the application for review. In checking the records of the Fort Collins Police Department, it was noted that two violations have occurred within the past year at Pizza Hut. The first violation involved underage sale and pos- session and occurred on August 23, 1975 at approximately 8:00 p.m. (FCPD Case #156128.) The case involved a church group visiting Fort Collins from Illinois. The group leader left a number of juveniles at Pizza Hut, when he returned later to pick them up he found that they all had been drinking beer, and some still had beer on the tables where they were sitting. The manager was called in and a meeting was held, the end result of which was a verbal warning being issued to the licensee. The second violation involved after hours service and occurred on April 10, 1976 at approximately 12:30 a.m. This violation was brought before the Authority at its May 5, 1976 meeting at which time the Authority decided to issue a written warning to the licensee. RECOMMENDATION: The investigation has revealed nothing derogatory, other than the above, and we would, therefore, recommend approval of this application." Authority member Renz made a motion, seconded by Authority member Baldivia to approve the application to renew the 3.2% Fermented Malt Beverage License for Pizza Hut, 2631 South College Avenue. The Chairman put the motion which was unanimously adopted. -2- Change in Corporate Structure for Pelican Fish, Inc., 3512 South Mason, Approved Conditionally Officer Jeff Groves advised the Authority that the Police Department investigation is not complete at this time but he would recommend that this change be approved conditional upon there being nothing derogatory found in the investigation when completed. Mr. David Wood, Attorney, presented himself to the Authority stating he represented Mr. and Mrs. Gary E. Nordick, the applicants seeking approval. Mr. Gary E. Nordick, 214 Castillian Gardens, Hays, Kansas, was called and duly sworn by the Deputy City Clerk. Testimony was given as to Mr. Nordick's past experience. Authority member Baldivia made a motion, seconded by Authority member Renz to approve the corporate change adding Mr. and Mrs. Nordick as owners of the corporation subject to the conditions set forth by the Police Department. The Chairman put the motion which was unanimously adopted. Application for Expansion of Premises Submitted by / the Northern Hotel, 172 North College Avenue Approved Mr. William Stark, Secretary -Treasurer of the Northern Hotel, Restaurant and Lounge, Inc., was sworn by the Deputy City Clerk before giving testimony as to the size and extent of the expansion. The Authority reviewed the plan at length. Authority member Renz made a motion, seconded by Authority member Baldivia that the expansion is not substantial, and will not require additional hearings or posting. The Chairman put the motion which was unanimously adopted. Authority member Renz made a motion, seconded by Authority member Baldivia to approve the application for expansion of premises submitted by the Northern Hotel. The Chairman put the motion which was unanimously adopted. Show/Cause Hearing for Country Politan, 246 North College Avenue, License Suspended for Ten Days Attorney Jake R. Valdez, representing the licensee and Assistant City Attorney Joe Carroll were introduced to the Authority, set forth the procedures to be followed during the hearing. Attorney Joe Carroll first called Jeff Groves, Officer of the Fort Collins Police Department who was duly sworn by the Deputy City Clerk before giving -3- testimony as to the events leading to the hearing. (letters from Police Department describing violation in Central Files) Attorney Joe Carroll read into the record the following letter from Mr. Jake R. Valdez. TELEPHONE 888-7205 JAKE R. VALDEZ ATTORNEY AND COUNSELOR AT LAW SUITE 106 . 8100 WEST 38TH AVENUE DENV ER, COLORADO 80212 May 10, 1976 Mr. Ramsey D. Myatt Assistant City Attorney March, March, Sullivan and Myatt 311 United Bank Building Fort Collins, Colorado 80521 RE: Country-Politan Municipal Violation Dear Mr. Myatt: Pursuant to our conversation of May 4, 19769 I am hereby sending you a letter in regard to our agreement to continuing the matter of the Country-Politan to June 2, 1976. After contacting Mr. Harvey Farr, he has authorized me to stipulate to you that we will not contest the matter of the age of Mary Jane Austin. It is stipulated that Mary Jane Austin was under the age of 21 and that she was sold liquor at the Country-Politan. I hope that this meets with your approval, and if you have any questions in this regard, please do not hesitate to call on me. Sincerely yours, j3AAKE R. VALDEZ -4- Attorney Jake R. Valdez for the licensee spoke to some mitigation. The Authority was advised that the Country Politan is not chal- lenging the charges made; the Country Politan is owned by Dahlem- Farr a Colorado partnership; the Saint George and the Dragon in Greeley is also owned by this partnership; both are now under the "Chapter 11 of the Bankruptcy Act" under an arrangement. This arrangement is to try to re -habilitate the operations so they can re -organize their finances. This has been going on since February, 1976, and to date a good portion of the past -due accounts have been brought up to date. The Bankruptcy Court has been notified of this violation, the Referee has advised that the Bankruptcy Court will not tolerate the appellant being negligent in not following all laws and regulations. Authority member Renz made a motion, seconded by Authority member Baldivia that a violation did occur, the sale of an alcoholic beverage to an underage person. The Chairman put the motion which was unanimously adopted. Officer Groves gave additional information regarding the efforts of the Police Department trying to help the management of the Country Politan to avoid situations such as the one being brought to the Authority's attention tonight. After discussion by the Authority a motion was made by Authority member Renz, seconded by Authority member Baldivia to suspend the license for 10 days and suspend 8 of those 10 days; the two days of closing to be set for June 28 and June 29, 1976. The Chairman put the motion which was unanimously adopted. Attorney Jake R. Valdez advised the Authority that this would definitely be appealed to the City Council. Show/Cause Hearing on the Retail Liquor Store License ✓' Held By Ace Liquors, 200 East Mountain, Letter of Revrimand Issued Assistant City Attorney Joe Carroll first called Officer Jeff Groves who was sworn by the Deputy City Clerk before giving testimony on the two alleged violationsbefore the Authority. The first violation involved the sale of alcoholic beverages to a drunk or intoxicated person. (complete written report in central files) Attorney David Wood, representing the licensee cross examined Officer Jeff Groves regarding this violation. Attorney Wood called Herbert Rodriquez, employee of Ace Liquors, was duly sworn by the Deputy City Clerk. Mr. Rodriquez gave testimony regarding the violation and his connection with the situation answering questions from both Mr. Wood and Mr. Carroll. Mr. Rodriquez stated he was unfamiliar with the customer and that his actions did not indicate that he -5- was drunk or intoxicated at the time he entered the store. Authority member MacNair arrived just prior to the beginning of discussion of the second violation. The second violation involved the sale of alcoholic beverage to a minor. As the first witness, Mr. Joe Carroll, Assistant City Attorney called James L. Barry, State of Colorado Liquor Enforce- ment Officer who was duly sworn by the Deputy City Clerk before giving testimony. Mr. Barry gave testimony as to the specific actions and observations made by Mr. Barry and other officers viewing the violation. Mr. Wood cross examined Mr. Barry. Mr. Wood called Gary E. Stanek, employee of Ace Liquors who was duly sworn by the Deputy City Clerk before giving testimony as to his connection with this particular situation. Mr. Stanek reported that he was the clerk involved with the sales to the underage person; he also stated that he had previously waited on this person on other occasions requiring an I.D. and the I.D. presented showed the person to be over 21 years of age. The witness was cross examined by Assistant City Attorney, Joe Carroll. Mr. Wood next called Mr. Gustav Miklos, owner of Ace Liquors, was duly sworn by the Deputy City Clerk before giving testimony as to his policy and procedures of operation. Authority member Baldivia made a motion, seconded by Authority member Renz that there is a violation on the second incident, sale to an underage person. The Chairman put the motion with the following vote: Yeas: Baldivia, MacNair and Renz. Nays: Seegmiller. Authority member Renz made a motion, seconded by Authority member Baldivia that there was not a violation on the first incident, sale to a drunk or intoxicated person. The Chairman put the motion with the following vote: Yeas: Baldivia, Renz and Seegmiller. Authority member MacNair refrained from voting since he was not present for the entire discussion of the situation. Authority member MacNair made a motion, seconded by Authority member Baldivia to write a stern letter of warning and suggest that the licensee meet with Officer Groves of the Police Department for instruction as to how to identify bogus I.D.'s. The Chairman put the motion which was unanimously adopted. Show/Cause Hearing on a 3.2% Fermented Malt Beverage License for Dirty Sam's, 162 Linden Street, License Suspended, Suspension Suspended; Renewal Application Approved Attorney Jack Vahrenwald introduced himself to the Authority stating he represented the licensee in this matter. Assistant City Attorney, Joe Carroll called Officer Jeff Groves of the Fort Collins Police Department who was duly sworn by the Deputy City Clerk before giving testimony regarding the violation, having on the premises any beverage containing alcohol in excess of three and two tenths percent by weight. (a complete report in central files) Evidence marked Exhibit A was admitted to the Authority being the bottle labeled "Rock & Rye" however the contents had been removed to be analyzed. Officer Groves was cross examined by Attorney Vahrenwald. Attorney Jack Vahrenwald called Stephen G. Ackerman, owner of Dirty Sam's, who was duly sworn by the Deputy City Clerk before giving testimony. Mr. Ackerman stated that the bottle and contents were in fact there on the premises, but that it did belong to a janitor. Mr. Ackerman was cross examined by Assistant City Attorney, Joe Carroll. The Authority discussed this situation at length. A motion was made by Authority member MacNair and seconded by Authority member Renz that there was in fact a violation. The Chairman put the motion which was unanimously adopted. Authority member Renz made a motion, seconded by Authority member Baldivia that the license should be suspended for three days, that this suspension should be suspended, and the the license be renewed at this time with the understanding that this suspension will be in effect during the next year. The Chairman put the motion which was unanimously adopted. Consider Change in Corporate Ownership for Green Turtle, Ltd., dba Green Turtle Cafe, 150 North College Avenue, Approved This is a change in ownership of the corporation from John S. Shepard and Steve Van Lear to Khalil Kamandy. Before giving any testimony Mr. Khalil Kamandy was duly sworn by the Deputy City Clerk. The Authority next proceeded to question Mr. Kamandy regarding his background and experience and how he plans to proceed with this operation. Authority member Baldivia made a motion, seconded by Authority member Renz to approve the charge of corporate owners from Shepard and Van Lear to Mr. Khalil Kamandy. The Chairman put the motion which was unanimously adopted. -7- Letter of Reprimand to Paul's Pizza. 1301 West Elizabeth Officer Jeff Groves described the violation in detail to the Authority,(complete written report in central files.), sale of 3.2% Fermented Malt Beverage after the legal hour. Authority member Renz made a motion, seconded by Authority member MacNair that a letter of reprimand be issued to Paul Oberg dba Paul's Pizza, 1301 West Elizabeth Street. The Chairman put the motion which was unanimously adopted. Letter of Reprimand to Riverside Corp., dba Pit Stop Liquors, 315 Riverside Avenue Officer Jeff Groves spoke to the violation in detail to the Authority, (report in central files),sale of alcoholic beverage to a minor or underage person. Authority member MacNair made a motion, seconded by Authority member Baldivia to send a stern letter of warning to the licensee. The Chairman put the motion which was unanimously adopted. Resolution Adopted Denying a Retail Liquor Store License to Frank Pino dba Westside Liquor, 1027 South Taft Hill Deputy City Clerk, LaVonne Dowell, read the resolution by title only. (Copies were sent to the Authority prior to the meeting.) FINDINGS AND RESOLUTION OF THE LOCAL LIQUOR LICENSING AUTHORITY OF THE CITY OF FORT COLLINS, COLORADO, CONCERNING AN APPLICATION FOR A RETAIL LIQUOR STORE LICENSE The application of Frank H. Pino, doing business as West Side Liquors, for a retail liquor store License came on for hearing on the 5th day of May, 1976, 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 under this application is as defined in the preliminary findings of the Authority. 2. Nothing contained in C.R.S., 1973, Section 12-47-139 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. The testimony and petitions presented by the applicant at the hearing were to the effect that the inhabitants of the neighborhood desire that the license be granted. However, testimony and petitions were presented by protestants, being parties in interest as defined by statute, to the effect that the inhabitants of the neighborhood desire that the license not be granted and that the needs of the neighborhood for which the license is sought are being currently met by existing licensed outlets, both within the neighborhood and close to the neighborhood. 6. There are three retail liquor store licensed outlets in the neighborhood for which the license is sought and additional outlets outside the boundaries of the neighborhood for which the license is sought. 7. The needs of the neighborhood are being adequately met by existing outlets, both within the neighborhood and close to the neighborhood. It is therefore the opinion and findings of the Liquor Licensing Authority that: A. Substantial numbers of the inhabitants of the neighborhood desire that the license be granted and a substan- tial number of inhabitants of the neighborhood desire that the license not be granted. B. The needs of the neighborhood do not require the granting of the license. C. The needs of the neighborhood are presently being not by existing licensed outlets. NOW, THEREFORE, BE IT RESOLVED by the Liquor Licensing Authority of the City of Fort Collins that the application of Frank H. Pino, doing business as West Side Liquors, for a retail liquor store license at 1027 South Taft Hill Road, Fort Collins, Colorado, be and the same hereby is denied. -10- 0 Passed and adopted at a regular meeting of the Liquor Licensing Authority of the City of Fort Collins, Colorado, held this 2nd day of June, 1976. ATTEST: 0 City Clerk Authority member MacNair made a motion, seconded by Authority member Baldivia to adopt the resolution denying a Retail Liquor Store License to Frank Pino dba Westside Liquors, 1027 South Taft Hill Road. Discussion of By Laws The Chairman distributed a proposed copy of by laws to the members of the Authority. There was a short discussion and each member was asked to review the by laws and advise the Chairman of any changes that were desired. Workshop on July 14, 1976 Deputy City Clerk, LaVonne Dowell, advised the Authority that the State Liquor Enforcement Officer, James Barry, would be coming to Fort Collins to discuss the recent changes in the liquor laws that have been enacted by the State Legislature. Copies of the Acts were requested by the Authority members. Adjournment Authority member Renz made a motion, seconded by Authority member MacNair to adjourn. The Chairman put the motion which was unani- mously adopted. ATTEST: rman Deputy City Clerk -11-