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HomeMy WebLinkAboutLiquor Licensing Authority - Minutes - 02/11/19760 • LIQUOR LICENSING AUTHORITY February 11, 1976 Regular Meeting - 7:30 P.M. Present: Rudy Baldivia James MacNair Carlos Seegmiller Ed Stoner Absent: Linda Renz Staff Members Present: Officer Jeff Groves and Verna Lewis. Also: Assistant City Attorney, Ramsey Myatt. Minutes of Special Meeting on December 19, 1975 and Regular Meeting on January 14. 1976 Annrnve, Consideration of the minutes from the Special Meeting on December 19, 1975 was tabled at the previous meeting. Authority member Baldivia made a motion, seconded by Authority member Stoner to remove this matter from the table. The Chairman put the motion which was unanimously adopted. Authority member Stoner made a motion, seconded by Authority member Baldivia to approve the minutes from the Special Meeting of December 19, 1975 as published. The Chairman put the motion which was unanimously adopted. Authority member Stoner made a motion, seconded by Authority member MacNair to approve the minutes from the regular meeting of January 14, 1976. The Chairman put the motion which was unanimously adopted. Hearing Continued on a 3.2% Fermented Malt Beverage f License Submitted by Snowcap Inc. dba Godfather's Pizza, 116 East Foothills Parkway, Application Approved Final consideration of this matter was tabled from the previous meeting to enable the applicant to furnish the Authority with additional evidence in support of the application. Authority member Stoner made a motion, seconded by Authority member Baldivia to remove this from the table. The Chairman put the motion which was unanimously adopted. The Chairman read the rules of procedure at length. The City Clerk, Verna Lewis, advised the Authority that at a previous meeting the boundaries for the area were established as the Convenience Center, no protests have been filed and the premises have been posted and notice duly given. City Attorney, Ramsey -Myatt, advised the Authority that at the last meeting most of the evidence had been presented and the applicant was to present evidence at this meeting showing that the desires of the inhabitants and the needs of the neighborhood are not now being served by the existing outlets. Attorney Bill Dressel, representing the applicant called Mr. DeWayne Thiele, 3501 Stover, who'was called and duly sworn by the Court Recorder. Mr. Thiele gave testimony as to his position in the corporation and operation of the proposed outlet. Petitioner's exhibit "I" was presented being petitions circulated in the area to both residents around the Convenience Center and the businesses in the Convenience Center. Authority member Stoner made a motion, seconded by Authority member Baldivia to approve the application for a 3.2% Fermented Malt Beverage License for on premise consumption submitted by Snowcap Inc. dba Godfather's Pizza, 116 East Foothills Parkway. The Chairman put the motion with the following vote: Yeas: Baldivia, Seegmiller and Stoner. Nays: MacNair. Chairman Seegmiller asked that it be noted he voted with great reluctance. Application for a Class C, 3.2% Fermented Malt Beverage License by Yankee Clipper of Fort Collins #1, Inc. dba Yankee Clipper, 2635 South College, Accepted, Scheduled for Hearing, and Boundaries for the Area to be Served Established City Clerk, Verna Lewis, advised the Authority that a license for this location had been approved about 18 months ago but never used and the Administration has requested a letter from the previous applicant stating they will not ever exercise their license. The Administration recommendation for boundaries is 2,000 feet in each direction. Authority member MacNair made a motion, seconded by Authority member Stoner to accept the application for a Class C, 3.2% Fermented Mlat Beverage License: submitted by Yankee Clipper of Fort Collins #1 Inc., dba Yankee Clipper, 2635 South College Avenue, set the boundaries at 2,000 feet in each direction and set the hearing date for March 10, 1976. The Chairman put the motion, which was unanimously adopted. (Secretary's note: On February 17, 1976, the City Clerk's Office received written notification the license application granted to Colorado Sea Food Shoppes, Inc. dba Long John Silver's Sea Food Shoppes will not be used.) -2- Transfer of Ownership from the Compagnie Ltd. ✓ dba Pogo's to Larry N. Duncan dba Pogo's, 1220 West Elizabeth Approved Mr. Larry N. Duncan presented himself to the Authority and was duly sworn by the City Clerk before giving testimony regarding this transfer. Mr. Duncan gave testimony regarding his experience and qualifications. City Attorney Ramsey Myatt, questioned Mr. Duncan regarding a recent discrimina- tion complaint filed with the Human Rights Officer and the City Attorney's Office. Mr. Duncan advised Mr. Myatt that this matter has been settled. Authority member Stoner made a motion, seconded by Authority member MacNair to approve the transfer of ownership of The Compagnie Ltd. dba Pogo's to Larry N. Duncan dba Pogo's, 1220 West Elizabeth. The Chairman put the motion which was unanimously adopted. Change of Corporate Ownership of Frick and Frack Inc. dba Sagebrush Lounge, 934 Lemay, Approved; Application for Extended Hours Approved City Clerk, Verna Lewis administered the Oath to Mr. Walt Baldwin applicant. Mr. Baldwin proceeded to give testimony to the Authority regarding his quali- fications, and the manner in which Mr. Baldwin proposes to operate the business and the proposed trade name change. Authority member Stoner made a motion, seconded by Authority member Baldivia to approve the change in corporate owners of Frick and Frack Inc. The Chairman put the motion which was unanimously adopted. Mr. Baldwin also stated that he wished to apply for an extended hours license. City Clerk, Verna Lewis advised the Authority that the extended hours license would permit the licensee to remain open on Sunday evening from 8:00 to mid- night and to be open for business on Christmas Day, December 25th. Authority member Stoner made a motion, seconded by Authority member MacNair to approve the application for extended hours for Frick and Frack Inc. dba Sagebrush Restaurant and Lounge, 934 Lemay. The Chairman put the motion whr.h was unanimously adopted. Transfer of Ownership from Wayne K. Schrader dba City Center Market, 144 North Howes Street Approved City Clerk, Verna Lewis, advised the Authority that a license had been approved for Mr. Schrader but before the license could be issued the business was leased by Mr. Day and a transfer was applied for. -3- Mr. Charles W. Day, applicant, was sworn by City Clerk Verna Lewis before giving testimony as to the operation of the store and his qualifications and previous experience. Authority member Baldivia made a motion, seconded by Authority member Stoner to approve the transfer of ownership from Wayne K. Schrader dba City Center Market to Charles W. Day dba City Center Market, 144 North Howes. The Chairman put the motion which was unanimously adopted. 1 Transfer of Ownership from Miklos�Kuemmerlin and Glantz dba Ace Liquors to Gustav Miklos dba Ace Liquors, 200 East Mountain, Approved City Clerk, Verna Lewis advised the Authority that there was a negative Police Department report. City Attorney Ramsey Myatt, reviewed the history of Ace Liquors noting speci- fically that Mr. Miklos owned Ace Liquors singly for a time, then expanded the business and entered into a partnership with Mr. Kuemmerlin and Mr. Glantz. At this time Mr. Miklos is applying for a change back to a single ownership. Authority member Stoner made a motion, seconded by Authority member Baldivia to approve the transfer of ownership to Gustav Miklos dba Ace Liquors, 200 East Mountain. The Chairman put the motion which was unanimously adopted. Expansion of Premises Application from Dillion, Corp. dba King Soopers, 2325 South College Avenue, Approved The Chairman advised the Authority that the first question to be addressed is if the expansion is substantial or not. The Authority reviewed the plans submitted by the applicant. Mr. Clifford Miller, Manager of King Soopers was duly sworn by the City Clerk and proceeded to give testimony regarding the expansion. The Authority, in its discussions, decided that the increase in floor space was substantial but the actual beer service area was not substantially increased. Authority member Stoner made a motion, seconded by Authority member Baldivia to approve the expansion of premises for Dillion Corp. dba King Soopers, 2325 South College Avenue. The Chairman put the motion, which was unanimously adopted. Renewal Application for John Hartman, R.S. Lowen and E.A. Sinclair dba Skaggs, 215 E. Foothills Parkway, a 3.2% Fermented Malt Beverage License Approved -4- City Clerk, Verna Lewis, advised the Authority that there was on file a negative Police Department report and that the Police Department recommends renewal of the license. Authority member Stoner made a motion, seconded by Authority member MacNair to renew the 3.2% Fermented Malt Beverage License for John Hartman, R.S. WlJen and E.A. Sinclair dba Skaggs, 215 E. Foothills Parkway. The Chairman put ti: motion which was unanimously adopted. Renewal of a 3.2% Fermented Malt Beverage License f" for Safeway Stores, Inc. 106 East Foothills Parkway Approved City Clerk, Verna Lewis, advised the Authority that there is on file a negative Police Department report and the recommendation is for renewal of this license. Authority member Stoner made a motion, seconded by Authority member MacNair to approve the renewal application for a 3.2% Fermented Malt Raverage License for Safeway Stores Inc., 106 East Foothills Parkway. Renewal Application for a 3.2% Fermented Malt Beverage License for Southland Corp. dba 7-Eleven Store, 216 West Prospect, Approved City Clerk, Verna Lewis, advised the Authority that there is a negative Police Department report and that the recommendation is for renewal of the license. Authority member MacNair made a motion, seconded by Authority member Stoner to approve the renewal application for a 3.2% Fermented Malt Beverage License for Southland Corp. dba 7-Eleven Store, 216 West Proppect Street. The Chairman Put the motion which was unanimously adopted. Renewal Application for a 3.2% Fermented Malt Beverage License for the Country Store Inc., 830 South College Avenue, Approved City Clerk, Verna Lewis advised the Authority that the Police Department report lists no violations and the recommendation is for renewal of the license. Authority member Baldivia made a motion, seconded by Authority member MacNair to approve the 3.2% Fermented Malt Beverage License renewal for The Country Store, Inc. 830 South College Avenue. The Chairman put the motion which was unanimously adopted. -5- fRenewal of a 3.2% Fermented Malt Beverage License for Vernon H. Hackbarth dba Collindale Snack Bar, 1441 East Horsetooth Road, Approved City Clerk, Verna Lewis advised the Authority that the report from the Police Department states no violations for the past year and recommended renewal of the application. Mrs. Lewis further advised the Authority that the Snack B3x does close during the winter months. Authority member MacNair made a motion, seconded by Authority member Baldivia to approve the renewal application for a 3.2% Fermented Malt Beverage License for Vernon H. Hackbarth dba Collindale Snack Bar, 1441 East Horsetooth Road. The Chairman put the motion which was unanimously adopted. Request for Suspension Hearing for Catacombs Restaurant 115 South College Avenue, Approved City Clerk, Verna Lewis, read the following Police Department Report at length. On January 15, 1976, at 9:40 p.m. I observed three girls enter the Catacombs Restaurant at 115 South College Avenue. One of the three girls entered first, the other two a short time later. They sat down in a booth on the north wall of the bar area. A short time later a waitress came over and after a few moments she left, presumably with their order. At this point one of the girls got up and left. The waitress then returned with three drinks and received a cash payment from one of the two remaining girls. One of the girls was also noticed to take a drink from one of the drinks. At this point, I moved forward and identified myself as a police officer and requested identification. The girls initially stated that they had none, however, they later produced I.D.s which showed them both to be under 21 years old. Both were arrested for underage possession, and transported to the police station by a patrol officer. I remained on the scene and talked to the waitress involved, who stated that she did not ask for any identification at any time. At the police station, statements were received from the girls about their actions in the bar on the above date. This officer requests that a letter be sent by the Authority to the above named establishment advising them that the Police Department has requested that a show -cause hearing be held to consider action on their license. M Officer Jeff Groves spoke to the violations and answered the questions of the Authority. Authority member Stoner made a motion, seconded by Authority member MacNair to direct the City Attorney to send a letter to the owners of the Catacombs stating the Authority has requested a show/cause hearing to be held on March 10, 1976 at 7:30 p.m. The Chairman put the motion which was unanimously adopted. Consider Violation at TJ's Chairman, Carlos Seegmiller read the following Police Department Report at length: On January 19, 1976 at 10:49 p.m., Officer Charles Cross was on routine patrol in the downtown area when he decided to make a bar check at T.J.'s. Upon entering the building he noticed a local youth drinking a glass of beer, and immediately recognized him as a juvenile with whom he has had contact before. From the previous contacts, he knew the subject was only 17 years old. The juvenile was removed from the bar and taken to the police station where further processing took place. facts: Followup investigation a few days later determined the following 1. The youth was not questioned for any identification either while entering T.J.'s or while he was inside. 2. The youth did not purchase the beer he had in his Possession when�ie was arrested from T.J.'s. He found the beer sitting on a counter, picked it up and drank it. Statements to this effect were written by the juvenile in the presence of his mother. 3. That the presence of the juvenile in the bar without a parent or guardian is a violation of the Fort Collins Municipal Ordinance, Section 33-24. Mr. Joseph Borghi was contacted during the followup investigation and stated that he was unaware of the incident. A discussion followed on procedures that might be initiated to prevent future happenings of this -7- nature, during which time Mr. Borghi showed a willingness to cooperate fully. A copy of the case is on file, but cannot be released because the subject is a juvenile. ' RECOMMENDATION: This officer recommends that a stern letter of warning be issued to the licensee, with the additional understanding that any future violations might result in the request for a show -cause hearing by the police department. Mr. Joseph Borghi, ewner, was duly sworn by the City Clerk, Verna Lewis, before giving testimony regarding this violation and the steps taken to correct this situation. Authority member McNair made a motion, seconded by Authority member Stoner that the Authority make a stern personal reprimand to Mr. Joseph Borghi, owner of TJ's, 142 Linden. The Chairman put the motion which was unanimously adopted. Consider Violation at Dirty Sam's City Clerk, Verna Lewis read the following report from the Police Department at. length. On the evening of January 30, 1976 and the morning of January 31, 1976, this officer was on routine patrol in the bar area. At approximately 11:55 p.m. on January 30, 1976, I noticed that Dirty Sam's Bar still had quite a few patrons inside, some of them still were carrying plastic cups with beer in them. I contacted the area patrol car, Officer Chuck Cross, and advised him of the situation and asked him to meet me at Walnut and Linden at midnight. We then waited a few minutes until the dispatcher announced over the radio that it was midnight by the Police Department's radio clock, and then entered the bar. We entered by different doors. When I entered the bar I observed that some people (presumably employees of Dirty Sams) were attempting to remove some beer from various patrons. At this time I noticed a girl near the main doorway who still had a beer clip in her hand. I went over and took the beer from her. Meanwhile, Officer Cross was in another section of the bar and had also confiscated some beer from another patron. The time was 12:05 a.m. January 31, 1976. A copy of the case is available for your review. RECOMMENDATION: It is recommended that a written warning be issued to the licensee. M Officer Groves answered questions of the Authority. Authoirty member MacNair made a motion, seconded by Authority member Baldivia to direct the City Attorney to draft a stern letter of reprimand to the owners of Dirty Sam's. The Chairman put the motion which was unanimously adopte.i. Resolution Adopted Granting a Beer and Wine / License to Gaton III Inc. dba Canino's Italian Restaurant, 613 South College Avenue c City Clerk, Verna Lewis summarized the resolution from the Authority. Authority member Stoner made a motion, seconded by Authority member MacNair to adopt the resolution granting a Beer and Wine License to Gaton III, Inc. dba Canino's Italian Restaurant, 613 South College Avenue. The Chairman put the motion which was unanimously adopted. FINDINGS AND RESOLUTION OF THE LOCAL LIQUOR LICENSING AUTHORITY OF THE CITY OF FORT COLLINS, COLORADO, CONCERNING AN APPLICATION FOR A BEER AND WINE LIQUOR LICENSE The application of GATON III, INC., doing business as Canino's Italian Restaurant for a Beer and Wine License came on for hearing on the 14th day of January, 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: M 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-.3w prohibits the issuing of a license at the proposed location. 3. The applicants are 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. S. 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 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. 6. 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 accommodate the proposed licensed premises and no license should issue until the construction is completed 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. -10- r� RESOLUTION OF THE LOCAL LIQUOR LICENSING AUTHORITY OF THE CITY OF FORT COLLINS, COLORADO, CONCERNING AN APPLICATION FOR A BEER AND WINE LIQUOR LICENSE BE IT RESOLVED by the Local Liquor Licensing Authority of the City of - Fort Collins, Colorado that the application of Gaton III, Inc., doing business as Canino's Italian Restaurant for a Beer and Wine 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. Passed and adopted this llth day of February, A.D. 1976. &&, Lwl� ATTEST: Chairman City Clark -11- J Resolution Adopted Granting a 3.2%, Fermented Malt Beverage License to Walgreen Company dba Robin Hood, 215 East Foothills Parkway City Clerk, Verna Lewis, summarized the resolution for the Authority. Officer Jeff Groves requested the license not be issued until a picture of Mr. Davlin is received.* Authority member Baldivia made a motion, seconded by Authority member MacNair to adopt the resolution granting a 3.2% Fermented Malt Beverage License to Walgreen Company dba Robin Hood, 215 East Foothills Parkway, with the condition that the license will not be:issued until a picture of Mr. Davlin is received for the files. The Chairman put the motion which was unanimously adopted. (*Secretary's Note: The picture of Mr. Davlin was received February 20, 1976) 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 Walgreen Company, doing business as Robin Hood for a Class A License for the sale of non -intoxicating malt liquor came on for hearing on January 14, 1976, before the Liquor Licensing Authority of the City of 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 215 East Foothills Parkway, Fort Collins, Colorado, said site being occupied as a restaurant, the license being -12- sought in connection with such business. �W 2. The testimony and petitions presented by the appli- cant at the he 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. 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 Walgreen Company, doing business as Robin Hood for a Class A License for the sale of non -intoxicating malt liquor at 215 East Foothills Parkway, Fort Collins, Colorado be and the same is hereby granted. Passed and adopted at a regular meeting of the Liquor Licensing Authority of the City of Fort Collins, Colorado, held this llth day of February A.D., 1976. ATTEST: C a rman Z. tyCer� , -13- JResolution Adopted Granting a 3.2% Fermented Malt Beverage License to- Terry L. Suppes dba Pizza Inn, 820 City Park Avenue City Clerk, Verna Lewis summarized the resolution for the Authority. Authority member MacNair made a motion, seconded by Authority inember Stoner to adopt the resolution granting a 3.2% Fermented Malt Beverage License to Terry L. Suppes dba. Pizza Inn, 830 City Park Avenue. 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 C LICENSE TO SELL NON -INTOXICATING MALT LIQUOR AND SETTING FORTH THE FINDINGS OF THE LIQUOR LICENSING AUTHORITY ON SAID APPLICATION The application of Terry L. Suppes, doing business as Pizza Inn for a Class C License for the sale of non -intoxicating malt liquor came on for hearing on January 14, 1976, before the Liquor Licensing Authority of the City of 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 820 City Park Avenue, Fort Collins, Colorado, said site being occupied as a pizza restaurant, the license being sought in connection with such business. -14- 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. 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. 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 Terry L. Suppes, doing business as Pizza Inn for a Class C License for the sale of non -intoxicating malt liquor at 820 City Park Avenue, Fort Collins, Colorado be and the same is hereby granted. -15- 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. Passed and adopted at a regular meeting of the Liquor Licensing Authority of the City of Fort Collins, Colorado, held this llth day of February A.D., 1976. ATTEST: Chairman C ty Clerk 1 Other Business 1. City Clerk, Verna Lewis, asked each of the members to please review the material regarding the Boards and Commissions Manual. 2. City Clerk, Verna Lewis, also expressed the Council's heartfelt apprecia- tion for a job well done. 3. Officer Jeff Groves gave a brief review of some of the Police Department activities to let the Authority know of some of the work that is done that does not usually get to the Authority. -16- Adjournment Authority member MacNair made a motion, seconded by Authority member Baldivia to adjourn the meeting. The Chairman put the motion which was unanimously adopted. ATTEST: City C er c -17-