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HomeMy WebLinkAboutLiquor Licensing Authority - Minutes - 03/10/1976March 10, 1976 LIQUOR LICENSING AUTHORITY OF THE CITY OF FORT COLLINS, COLORADO Regular Meeting A regular meeting of the Liquor Licensing Authority of the City of Fort Collins, Colorado was'held on Wednesday,March 10, 1976 at 7:30 P.M. in the Council Chamber of the City Hall. Chairman Seegmiller called the meeting to order.notkoe the following members present: Baldivia, MacNair, Renz, Seegmiller and'Stonei. Staff members present: Groves and Lewis. Also: Assistant City Attorney Ramsey Myatt and Councilman Arvid Bloom. Minutes of Regular Meeting of February 11, 1976 Approved As Published Authority member Stoner made a motion, seconded by Authority member MacNair to approve the minutes of the February 11, 1976 meeting as published. The Chairman put the motion which was unanimously adopted. Application for a 3.2% Fermented Malt Beverage License for Yankee Clipper of Fort Collins, J Approved Chairman Seegmiller inquired if the applicants were present and represented either in person or by counsel. No one was present to speak to this application. Authority maober Stoner -.made a motion, seconded by Authority member MacNair to table this item until later in the meeting. The Chairman put the motion which was unanimously adopted. At this time the applicants arrived at the hearing. Authority member Stoner made a motion, seconded by Authority member MacNair to remove this item from the table for consideration. The Chairman put the motion which was unanimously adopted. Chairman Seegmiller read` the Rules of Procedure at length and called for the preliminary finding on the application. City Clerk, Verna Lewis reported that the notice has been given, the premises posted, and notices sent to two adjacent property owners; Pizza Hut Incorpor- ated, and Walter's Real Estate. Also, to thirteen holders of like licenses. The boundaries as established by the Authority at the Preliminary Hearing were 2,000 feet in each direction. No letters have been returned and no protests have been filed. There is a negative Police report and they recom- mended approval. A deficiency in the file has been brought to the attention of the applicant; that being the absence of Articles of Incorporation. Chairman Seegmiller inquired if there were other interested parties in this hearing ---hearing none, he directed the applicant to proceed. Margaret Lynn Stevens, 6495 Happy Canyon Road, Denver, was sworn by the Court Recorder and gave testimony regarding her personal qualifications, the proposed opening date of June 1, 1976, the hours of operation, her familarity with the Colorado 3.2% Beer Act and the circulation of petitions to establish the needs of the neighborhood and the desires of the inhabitants. Mr. Max J. Scott, President of Attorney's Service, Inc. was sworn by the Court Recorder and gave testimony regarding his corporation which performs surveys, accident investigations, petitions, etc. Mr. Scott stated that Miss Stevens had engaged him on a contractual basis to circulate petitions and conduct a survey. Following are the results: Statistical Results of the Survey 1. Total Possible Contacts Signatures and refusals Not -at -homes or unoccupied residences Total Base Figure 2. Total Contacts Signatures (3 signatures deleted) Refusals -needs and desires met -would not sign any petition -preferred to remain neutral -other miscellaneous refusals Total Base Figure -2- 228 = 63.69% 130 = 36.31% 3S8 = 100.00% 189 = 84.00% 3 = 1.33% 18 = 8.00% 5 = 2.22% 10 = 4.44% 225 = 100.00% 00 W Assistant City Attorney Joe Carroll stated he had no opening statement, except that it had been stipulated between the City and the Catacombs Restaurant that the beverage that was served on the evening in question was an alcoholic beverage. Attorney Osborn agreed with that stipulation. Attorney Osborn waived an opening statement but stated he wished to discuss procedural matters. He stated further; "In my opinion, it has violated due process to have this case prosecuted by the Assistant City Attorney who presents evidence for ruling to an attorney for the Authority who is his law partner." His second objection, procedurally, is that he thought it was improper that the officer's report is submitted to the Authority, and the Authority members then sit and pass judgement on evidence that has been presented them in hearsay form by unsworn testimony of a police officer. In regard to the case, he believed that the evidence may tend to show there is a violation, but it would be their contention that the violation was not purposeful, was a random violation>in the number of hours and drinks that are served. Assistant City Attorney Myatt stated he would overrule the objections and allow the proceedings to continue. Assistant City Attorney Carroll called the City's first witness, Jeffrey Groves who was sworn by the Court Recorder and gave testimony regarding the violation --selling to underage patrons. Attorney Osborn then cross examined the witness. The City next called Ms. Kerry B. Milligan, 200 E. Laurel, who was sworn by the Court Recorder and gave testimony as one of the two persons who were involved in this incident. Mr. Nico Zentveld, 1937 Springfield Drive, and owner of the Catacombs Restaurant was called by Attorney Osborn, was sworn by the Court Recorder, and gave testimony regarding the incident, and the instructions given employees regarding identifications. Attorney Osborn requested defendant's exhibit "A" be marked and admitted, being page five of a manual given to employees. Assistant City Attorney Myatt admitted the exhibit as evidence and at the conclusion of the testimony inquired if there were closing arguments from either attorney. No closing arguments were offered. Assistant City Attorney Myatt then advised the Authority that at this time the Authority has the obligation of making a decision as to whether or not there has been a violation, and if there is no violation the hearing is terminated. If there is a violation, the Authority determines what penalty, if any, will be imposed. Authority member Stoner made a motion, seconded by Authority member Renz that the Authority find that there has been a violation. The Chairman put the motion which was unanimously adopted. -4- Assistant City Attorney Myatt inquired if either side wished to present circumstances in aggravation or mitigation which would affect any suspension or revocation that the Authority may wish to meet out. Attorney Carroll stated the City would present, through Officer Groves, the past history violations. He requested the case history, commencing with the earliest violation, be presented by Officer Groves. Attorney Osborn stated he would object to any hearsay evidence and inquired of Officer Groves if all the incidences were of his own personal knowledge. Officer Groves stated his report was based on police files. Attorney Osborn, again, stated his objection on testimony not based on Officer Groves own personal knowledge. Assistant City Attorney Myatt stated the objection had some merit and in light of the objection he inquired if these were incidences which have been brought to the attention of the Authority. Officer -Groves stated three of them have. Assistant'City Attorney Myatt then inquired if these were incidences which had been brought to the attention of the license holder, subsequent to the discovery of the incidences. Officer Groves stated this was also true in the same three incidences. Assistant City Attorney Myatt then requested that Officer Groves present,in capsule form, the evidence from the Police Records, for instance, if it's an after hours, underage possession, etc. and the dates of the violations. Attorney Osborn objected to the ruling. Officer Groves reported the following violations: 1. August 26, 1974 - after hours violation (consumption). 2. January 11, 1975 - after hours violation (consumption). 3. January 15, 1976 - serving to minors. Attorney Osborn recalled Mr. Zentveld and reminded him he was still under oath. Mr. Zentveld gave testimony regarding the steps he has taken to assure that recurrence of this violation will not reoccur. Also to the length of his license and the financial hardship which would be involved should a suspension be imposed by the Authority, estimates at about $1,000 per day. Mr. Zentveld also testified with reference to the alleged after hours violation, that he was not present and has terminated employees who were responsible. Attorney Osborn made closing statements and respectfully requested leniency in recognition of the fact employees do not always comply with regulations and the fact that additional employees have been hired at another $25.00 to $30.00 per night to check identifications. Assistant City Attorney Carroll stated this incident has come before the Authority as a result of incidences which had taken place in the past and just two weeks previously the Authority had directed a letter at the Authority's instruction concerning future violations. Further, the liquor statutes and ordinances do impose a duty upon licensees to regulate their businesses. -5- -, s*:aWr. ;� .� :-,+a,r cam""' .�::;;, ,e�s�., �.. � �',Ms.�:.: .,..:.. �.. , .,--�." _ --^ram`"^. •'ram, . 00 •0 At the conclusion of the hearing, Authority member Stoner made a motion, seconded by Authority member MacNair that the Authority levy a seven day suspension and that the suspension be suspended, but would be imposed should a future violation be committed through the license period (December 31, 1976). The Chairman put the motion which was unanimously adopted. Assistant City Attorney Myatt advised the Authority that a show cause hearing would be required should there be another violation in order to enforce the suspension. Transfer of Ownership from Entertainment I Enterprises dba Orion's Belt to Richard White dba Orion's Belt Approved Attorney David Osborn advised the Authority that Mr. White is present and represented by himself. He further stated that Mr. White and Mr. Brown originally had received the license. Mr. Brown and Mr. White have now agreed that Mr. White will become the sole owner of the business. The purchase contract for the real estate and the application have been sub- mttted to the City Clerk. Mr. White, was sworn by City Clerk Verna Lewis and gave testimony regarding the operation of the business. City Clerk Verna Lewis read the following Police report into the record: On January 22, 1976, the above individual made application for transfer of a 3.2 Fermented Malt Beverage License. On the same date, this officer received the application for investigation. The following are the results of that investigation. BACKGROUND: Mr. Richard White has been associated with Orion's Belt since its inception and was also associated with the Linden Street Exchange in the same location prior to that. He is familiar with all of the rules and regulations concerning the operation of a 3.2 beer establishment, and has always expressed a desire to cooperate with the Police Department whenever the occasion has arisen. Mr. White's reason for the transfer is that he is buying out his partner's interests therby putting ownership responsibility on one individual, himself. RECOMMENDAITION: The investigation has revealed nothing derogatory and we would, therefore, recommend approval of this application. '(, a� � a x iN 'k�„^.]£"9',. 's••.em ,, s ..:' '?" r +a 6 .. _ .... _ 0• 0 • Authority member MacNair made a motion, seconded by Authority member Baldivia to approve the transfer of license to Richard White of Orion's Belt. The Chairman put the motion which was unanimously adopted. Attorney Osborn stated that "not to misrepresent the situation, there is a probable investor in Denver who will have a small minority interest in this establishment, he does not have it now, but we anticipate he will have it in the next month or two and we'll file an application to include him also." Application Received and Hearing Dates Set on an Application for a Retail Liquor Store License Submitted by Frank H. Pino City Clerk Verna Lewis stated the application appears to be in order, the next regular hearing dates April 7, 1976 and May 6, 1976. Authority member Stoner made a motion, seconded by Authority member Renz that the Authority accept the application from Frank Pino for 1027 South Taft Hill Road and set the hearing dates as April 7, and May 6, 1976. The Chairman put the motion which was unanimously adopted. Transfer of Ownership from M.I.C. Corporation ✓ to Paul Oberg dba Paul's Pizza Approved City Clerk Verna Lewis read the following Police report into the record: On January 29, 1976, the above individual made application for transfer of a 3.2 Fermented Malt Beverage License. On the same date, this officer received the application for investigation. The following are the results of that investigation. BACKGROUND: Mr. Oberg, his wife, and one child reside at 1709 West Lake Street, Fort Col tins. Mr. Oberg is 27 years old and had held a number of positions with various corporations prior to his applying for the 3.2 liquor license. These included positions with the Woodward Governor Company here in Fort Collins and also with the Mr. Steak Restaurant Corporation in Fort Collins and Cheyenne, Wyoming. ddsl .ry„.�... so00 Mr. Oberg has been photographed, and records of the area law enforcement agencies at all past residences were checked. In addition, the records of the Fort Collins Police Department and the Larimer County Sheriff's Office were checked. The investigation revealed no criminal record on Mr. Oberg other than minor traffic violations. The applicant also showed no record in NCIC or CCIC. RECOMMENDATION: The investigation has revealed nothing derogatory and we would, therefore, recommend approval of this application. llrr. oberg was sworn icythe City Clark and afore toat"Way � lets beak - ground, his familiarity with the 3.2% Beet Laws and hid method bf operation. Authority member Baldivia made a.motion, seconded by Authority member MacNair to, approve the transfer fcomM.i C. Corporation to Paul Oberg dba Paul's Pizza. The Chairman put the motion which was unanimously adopted. Resolution°t,dopted Approving a ;3.2% Fermented, Malt Beverage License to Snowcap Inc.,.dba Godfatherl*4, Piziia.. 116 PA%tL Fnnthills Pa`rkUhAV City Clerk, Verna Lewis, read the resolution by title, tie entire resolgtion having accompanied the agenda and before the Authority. Authority member Reaz made a motion, seconded by -Authority member Stoner to adopt.the resolution. The Chairman put the motion which was unanimously adopted. RESOLUTION OF THE LIQUOR LICENSING AUTHORITY OF THE CITY OF FORT COLLINS CONCERNING AN APPLICATION FOR A CLASS A LICENSE TO SELL NON -INTOXICATING MALT LIQUOR AND SETTING FORTH THE FINDINGS OF THE LIQUOR LICENSING AUTHORITY ON SAID APPLICATION The application of Snow Cap, Inc., doing business as Godfather's Pizza for a Class A License for the sale of non - intoxicating malt liquor came on for hearing on February 11, . 1976, before the Liquor Licensing Authority of the City of �_�. #.e...;:.�'A'... t r•,. i. ad.'i e.:[i ... .. _ .. .... t ,.:..ai .n.+.i +.. i ....r. �i .�.,.. * ...A.. .. .. .. ;�c N W Fort Collins, and the Liquor Licensing Authority having heard the testimony and received the evidence produced at said hearing and having considered and weighed the same and being familiar with the neighborhood for which the license is sought, now makes the following findings: 1. The license sought by the applicant is for a loca- tion at 116 East Foothills Parkway, Fort Collins, Colorado, said site being occupied as a pizza restaurant, the license being sought in connection with such business. 2. The testimony and petitions presented by the appli- cant at the hearing were to the effect that the inhabitants of the neighborhood desire that the license be granted and the needs of the neighborhood require the granting of this license. No substantial testimony or petitions were pre- sented contrary to this postition of the applicant. 3. The building in which the license is to be operated is now constructed; however, the plans and specifications of the applicant show that the applicant proposes to improve said premises to accomodate the proposed licensed premises and no license should issue until the construction is com- pleted in accordance with the plans and specifications submitted by the applicant and the requirements of the Building Inspector made in conformity with the Ordinances of the City of Fort Collins. - C <�/:'i-: 1. .-WD . `f%i' L .. eY�. �lt,s.,W ♦ f i _ 4 � ., .. � -R`i. .. 4 00 00 It is therefore the opinion and finding of the Liquor Licensing Authority that: A. The inhabitants of the neighborhood desire that the license be granted. B. The needs of the neighborhood require the granting of the license. NOW, THEREFORE, be it resolved by the Liquor Licensing Authority of the City of Fort Collins that the application of Snow Cap, Inc., doing business as Godfather's Pizza for a Class A License for the sale of non -intoxicating malt liquor at 116 East Foothills Parkway, Fort Collins, Colorado be and the same is hereby granted. 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 sz.id Building Inspector that said improvements have been completed in accordance with said plans and specifica- tions z.nd the requirements of the Building Inspector. P2Lssed and adopted at a regular meeting of the Liquor Licensing Authority of the City of Fort Collins, Colorado, held this loth day of March A_n__ 197A_ ZSur. .�.. a+19'l'.T^""'!!^�f94LT<`...�r�.7Bd�"A4,�";.'"# ?,`"P+i'"?d �. ^ aBeZ. ']. ;•',,'.t.s. `5��_.,i,: .�i". "a: .. >�e'�st'R"4'-.. a 1�'��.'.*'2:. +�,•n . ', .. $r '"� Application for Change of Corporate Owners; j Sakala's Pizza Inc. dba Pitzelle's Ltd. Tabled Assistant City Attorney Myatt stated that "what I gather from the application is that the corporation owned it before, the corporation is still going to own it, they are going to substitute as a principal in the corporation Pete Sakala for Charles Miscio." Authority member MacNair made a motion, seconded by Authority member Stoner to table this application to the April meeting and that Michael A. Sakala be present at the hearing. The Chairman put the motion which was unanimously adopted. Other Business Consider Goals and Objectives Statement 1. Chairman Seegmiller reviewed the Boards and Commissions Manual and the Evaluation portion. The Authority discussed the possibility of them meeting a few minutes prior to the 7:30 P.M. to review individual application files. (attached) The Goals and Objectives were then reviewed. (attached) Chairman Seegmiller posed the question of having a nominating committee to recommend members to the City Council. Councilman Bloom stated that Council, around May or so, advised the media that anyone who is interested in serving on the Boards and Commissions should make application. As in regard to item A-1, some direction for the Council of qualifications, etc. that the Board sees as good attributes to have as members of the Authority, would be helpful for the Council. However, he would question item number 1, (nominating committee) because he did not think that Council desires the Authority to nominate an individual. Council would, of course, listen to the recommendations. Report From Police Department 2. Officer Jeff Groves stated they had two disturbance reports on the Country Politan; one which involved juveniles in the restaurant side and the other involved a fight in the restroom. Officer Groves stated that the name of the new manager of the Country Politan is Mr. Harvey Farr. Mr. Farr has rearranged the ID check points and no one under 21 will be allowed in the gmee room or the bar. -11- ....:s sn.- T.,,,.: •�+x:.',+anr.c-«�s-n .r. n�c _, b... %;€:: ^.: '. :''F. im$y F?i a-.. '�;sk Z7W 3. Officer Groves' next item was that of a violation at TJ's where two underage girls were served alcohlic beverages. He stated that he doubted if the Authority would ever see the violation because of a lack of communication in the Police Department. 4. Lastly, Officer Groves reported that Mr. Kirk Strubble, the man who was caught with hard liquor in Pogo's,has received a deferred sentence from the County Court. S. Councilman Bloom stated that all the Authority members are invited to the Holiday Inn for the banquet they are giving the Boards and Commissions members. He stated he would like to thank the Authority personally for the time and effort they put in liquor licensing. Adjournment Authority nemier Stoner wade a motion, seconded by Authority member MacNair so March 5, 1976 Memo To: Robert Brunton From: Carlos Seegmiller and Ed Stoner - Liquor Licensing Authority Subject: Evaluation, Goals and Objectives Part I - Evaluation We have used, in a modified form the outline suggested in the manual. Action Will Yes No Be Taken A. Composition of Board new member selection. 1. The Authority has a written X X statement of qualifications for new members. 2. A nominating Committee works X X on a year-aroy�nd basis and solicits, staff, authority, applicant, ano community suggestions fqr nominations to the authority. 3. The Authority is composed of X persons interested in the work of the agency. 4. The Authority is widely X representative of the community. 5. There is a satisfactory X combination of experienced and new board members to guarantee both continuity and new ideas. 6. The Authority has a formal X plan for limiting tenure of authority members which specifies rotation so as to assure a steady supply of new members. page 2. 0 N 1 N Orientation and Training 1. The Authority has a clearly written statement outlining the duties anq responsibilities o' a new membg)r 2. The Authority has a written p an which it follows in its program of orientation for i :s new ryembers. 3. The Authority has a board member manual which is supplied to all memberj�. 4. Authority memkprs participate in community, state, regional and national jraining oppor- tunities. Organization of tkp Authority 1. The Authority has a simple concise set oil by-laws which provide clear duties for the officers of the board and spell out the procegdures by which the Authority transacts its business. 2. The Authority has an elected executive committee to handle matters which may come up between meetings. 3. Working relations between the executive and the authority are clearly defined and understood. 4. Authority and staff members are clear about their specific duties and responsibilities. The Authority at work 1. There are regularly scheduled meetings of the Authority. 2. Meetings begin on time. Yes No X X X X x X X X X X Action Will Be Taken X X X page 3. 3. The Authority conducts an annual review of its own ol•ganization and work. 4. New leaderships is emerging f •om the Authqri ty. 5. There is adegyate preparation o' materials in advance of the Authority meetings. 6. Meetings are q;haracterized by d scussion, gglneral partici- pation and actiive thinking together. 7. Routine matters, that is items requiriq�g official action but little discussion, are handled with dispatch. B. Minutes of thq, Authority meetings are W1ritten and circulated to the members. 9. The Authority spends some time on matters of community and State concern within the field of service of the agency. 10. Individual members of the board accept and carry out assignments within their special talents and compe- tencies. 11. Board and Staff members work together on specific programs and projects from time to time. 12. Executive functions and direct services are left to the staff. E. Evaluation of the board. 1. Authority members give suffi- cient time to the work of the authority and have a good record of attendance at meetings. Yes X 0 Action Will No Be Taken X X X X X X X X X X r so 00 GOALS AND OBJECTIVES FORT COLLINS LIQUOR LICENSING AUTHORITY 1. Write a set of by-laws which will include: A. Meeting Schedule B. Duties, responsibilities and composition of a nominating committee. C. Election of chairman and vice-chairman. D. Special meetings and special meeting times. 2. Work with the Executive and other agencies available to organize a more accurate method of assessing the needs of the neighborhood and the desires of the community for new outlets. 3. Organize committees to write the following instruments: A. A letter of orientation for new members. B. A concise set of instructions for new members. C. A letter to service organizationsconcerning the need to have a Special Events Permit when liquor is served at a function. D. Survey present liquor license holders about the service given by the Authority and the City. D. A simplified, concise set of instructions to new applicants.