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HomeMy WebLinkAboutLiquor Licensing Authority - Minutes - 11/06/1985 (3)• LIQUOR LICENSING AUTHORITY Regular Meeting - November 6, 1985 7:40 P.M. A regular meeting of the Liquor Licensing Authority was held on Wednesday, November 6, 1985, in the Council Chambers of the City of Fort Collins Municipal Building. The following members were present: Acott, Bullard, Monaghan, Morgan, Spaulding, and Veazie. Authority Members Absent: Sommermeyer. Staff Members Present: Debbie Caster, City Clerk's Office Paul Eckman, City Attorney's Office Frank Russell, Police Department Minutes of the Regular Meeting of October 9, 1985, Approved as Published Authority member Bullard made a motion, seconded by Authority member Acott, to approve the minutes of the regular meeting of October 9, 1985, as published. Yeas: Acott, Bullard, Morgan, Spaulding, and Veazie. Nays: None. Abstain: Monaghan. Show/Cause Hearing for Gabby's Restaurant, 745 North College Avenue Assistant City Attorney Paul Eckman briefed the Authority of the facts on the alleged violation, noting that on September 20, 1985, at approximately 8:57 p.m., an employee of the establishment sold an alcoholic beverage to a Police Scout under the age of 21 years. He stated there have been no previous liquor violations at the establishment. It was noted that the Police Department is recommending a one -day suspension of the license. Mr. Joseph Bidula, part-owner, stated he will stipulate to the violation. Authority member Veazie made a motion, seconded by Authority member Acott, to determine that a violation did occur on September 20, 1985, at Gabby's Restaurant, 745 North College Avenue. Yeas: Acott, Bullard, Monaghan, Morgan, Spaulding, and Veazie. Nays: None. Mr. Bidula stated the waitress who sold the beverage to the Scout was a new employee that had had one day of training. He noted that he instructs all of his employees to card anyone looking under the age of 40 years. Mr. Bidula stated he is re-emphasizing the liquor laws to his employees and is instructing that everyone be carded regardless of age. Authority member Monaghan suggested that the owner give more than one day of training to employees before allowing them to serve liquor. -1- November 6, 1985 Authority member Acott made a motion, seconded by Authority member Veazie, to levy a one -day suspension to be served within the next 30 business days at the convenience of the owner and that the premises be posted. Yeas: Acott, Bullard, Monaghan, Morgan, and Veazie. Nays: Spaulding. Show/Cause Hearing for Great American Rib Company, 4010 South College Avenue Assistant City Attorney Paul Eckman briefed the Authority on the violation noting that on September 20, 1985, at approximately 9:20 p.m., an employee of the establishment sold an alcoholic beverage to a Police Scout under the age of 21 years. He stated there have been no previous liquor violations at this establishment. It was noted that the Police Department is recommending a one -day suspension of the license. Ms. June Moses, general manager, stated she will stipulate to the violation. Authority member Acott made a motion, seconded by Authority member Veazie, to determine that a violation did occur on September 20, 1985, at Great American Rib Company, 4010 South College Avenue. Yeas: Acott, Bullard, Monaghan, Morgan, Spaulding, and Veazie. Nays: None. Ms. Moses explained her training procedures and stressed the thoroughness of the training. She noted that she conducts her own spot checks among her waitresses to see if they are carding the patrons. Ms. Moses admitted to the violation and stated that she felt an extremely busy night contributed to the error of her employee. She stated she will continue the same training because she feels it is very thorough. Ms. Moses noted that their policy is to check anyone looking under the age of 30 years. Authority member Bullard made a motion, seconded by Authority member Spaulding, to issue a letter of reprimand to the owner of the establishment. Yeas: Bullard, Morgan and Spaulding. Nays: Acott, Monaghan and Veazie. Authority member Veazie commented that the owner is aware of what the laws are and is aware that spot compliance checks are conducted on occasion. He stated he feels a violation has been committed and that a one -day suspension of the license is in order. Authority member Spaulding stated that she has had experience in the restaurant and bar business and feels that it is impossible to control every employee's action. On the basis that the manager has implemented some thorough training, Mrs. Spaulding stated she feels a letter of reprimand is in order. Authority member Acott stated that she feels that this establishment committed the same violation as the previous establishment heard, which -2- • November 6, 1985 received a one -day suspension. She added that she feels the penalty should be the same. Ms. Moses stated that she is trying to emphasize the thoroughness of their training program and the fact that all of their waitresses are genuinely concerned. She added that she feels her situation is different from the previous establishment who received a one -day suspension. Authority member Monaghan stated although the manager has implemented some excellent training procedures, he feels the owner is still responsible for the employees' actions. In addition, Mr. Monaghan stated that during the past 4 years the Police Department has conducted their routine spot compliance checks and a recent report shows that there is no real decrease in violations. Because this is somewhat frustrating, Mr. Monaghan stated he feels the Authority can no longer tolerate violations as they have in the past. He stated that he feels a one day suspension of the license is a modest penalty, but appropriate. Authority member Veazie requested that the two Police Scouts stand in the audience. He stated that he would not assume these two individuals were under the age of 30 years. Authority member Veazie made a motion, seconded by Authority member Acott, to levy a one -day suspension to be served within the next 30 business days at the convenience of the owner and that the premises be posted. Yeas: Acott, Monaghan, Morgan, and Veazie. Nays: Bullard and Spaulding. Show/Cause Hearing for Oriental House, 2900 Harvard Assistant City Attorney Paul Eckman briefed the Authority on the violation noting that on September 20, 1985, at approximately 10:03 p.m., an employee of the establishment sold an alcoholic beverage to a Police Scout under the age of 21 years. He stated there have been no previous liquor violations. It was noted that the Police Department is recommending a one day suspension of the license. Mr. Zachory Wilson, attorney representing the applicant, stated his client will stipulate to the violation. Authority member Veazie made a motion, seconded by Authority member Acott, to determine that a violation did occur on September 20, 1985, at the Oriental House, 2900 Harvard. Yeas: Acott, Bullard, Monaghan, Morgan, Spaulding and Veazie. Nays: None. Mr. Wilson noted that the owner has the liquor laws posted on the premises in both English and Chinese. Mr. Wilson also stated that Mr. Liu has attended the training seminar conducted by Officer Ernie Tellez. With respect to the evening of the violation, Mr. Wilson explained that it was closing time when the two Scouts entered the establishment and ordered a drink. He stated he feels the waitress, who is Chinese and speaks very -3- November 6, 1985 little English, was intimidated by the two gentlemen. He explained that Mr. Liu, the owner, was in the kitchen and not out front at the time to supervise the waitress. It was noted that this employee is now being watched more closely. Mr. Wilson stated that Mr. Liu has had no previous violations and requested that a letter of reprimand be issued. Authority member Acott questioned why the waitress was intimidated. Mr. Wilson replied that he feels she was intimidated because of her nature and due to the fact that she does not speak the language very well. Mr. Wilson stated that she was not intimidated because the Scouts harassed her in any way. Mr. John Guyette, was sworn, and stated he is a Police Scout with the Fort Collins Police Department. He stated he is 20 years of age. In response to a question by the Authority, Mr. Guyette stated the waitress brought them their menus and then told them it was closing time. The waitress then stated they would still be served. He stated he does not feel he placed any undue pressure upon the waitress to serve them any drinks or food. Mr. Guyette stated he feels the waitress only spoke enough English to take an order from the menu. Mr. David Spahr, was sworn, and stated he is a Police Scout with the Fort Collins Police Department. He stated he is 17 years of age. In response to a question by the Authority, Mr. Spahr stated he does not feel he intimidated the waitress. Authority member Veazie stated that the waitresses intimidation should be recognized and dealt with by the owner of the establishment. He stated it is very important to stress to employees the requirement in checking ID's. Authority member Monaghan concurred although he noted that he could see how the waitress would be intimidated not speaking the language very well. Authority member Morgan suggested that the owner post more signs in the establishment which lists the rules and procedures, both in English and Chinese, for the convenience of the employees. Authority member Acott made a motion, seconded by Authority member Veazie to levy a one -day suspension to be served within the next 30 business days at the convenience of the owner and that the premises be posted. Yeas: Acott, Bullard, Monaghan, Morgan, and Veazie. Nays: Spaulding. Show/Cause.Hearing for The Bench, 1221 West Elizabeth Assistant City Attorney Paul Eckman briefed the Authority on the violation noting that on September 22, 1985, at approximately 11:U4 p.m., one of the owners of the establishment served an alcoholic beverage to a minor under the aye of 21 years of age. He stated there have been no previous liquor violations. It was noted that the Police Department is recommending a one -day suspension. -4- • November 6, 1985 Mr. Christopher Miranda, attorney representing the owners, stated the owners stipulate to the violation. Authority member Veazie made a motion, seconded by Authority member Spaulding, to determine that a violation did occur on September 22, 1985, at The Bench, 1221 West Elizabeth. Yeas: Acott, Bullard, Monaghan, Morgan, Spaulding and Veazie. Nays: None. Mr. Miranda explained that Mr. Greg Garfield, part-owner, did in fact serve a drink to a minor without checking for identification. He went on to say that the reason the ID was not requested is because Mr. Garfield knew that this woman worked as a cocktail waitress at another establishment. Mr. Miranda stated the policy of The Bench is to check everyone's ID except for acquaintances known to employees to be over the age of 21 years, or if they have checked someone's ID before. He stated that Mr. Garfield did become quite upset when the Police Officers inquired whether he asked for identification from the female minor. Mr. Miranda stated, on behalf of Mr. Garfield, that the reason he became so upset is that he was relying on another establishment's hiring policy and therefore just assumed that the female was of age. Mr. Greg Garfield, part-owner, was sworn and stated he had understood from two other waitresses in his establishment that the female's ID had been previously checked and was valid. In response to a question by Authority member Bullard, Mr. Garfield said this woman was employed by The Armadillo during the summer and served him drinks. Mr. Garfield stated the employees of his establishment have received training on how to detect a false ID and added that he feels it is courtesy in the restaurant business not to repeatedly check someone's ID. Officer Troy Krenning, was sworn, and stated he is a police officer employed by the City of Fort Collins. Officer Krenning stated he and Officer Mickelson were on routine patrol doing walk throughs in bars on the evening of September 22. He stated he had previously stopped the female in question on two other occasions. During that time, Officer Krenning stated it became known to him that she was employed by The Armadillo. Officer Krenning stated that when he and Officer Mickelson entered the bar, the woman left to go to the restroom and was gone for sometime. When she returned to her table, she turned her position in a manner in which she could not be seen. Due to her behavior, Officer Krenning stated he and Officer Mickelson approached her to ask for some ID. Authority member Bullard stated he feels this is a very serious offense since one of the owners served a minor. However, he stated that this is an extremely unusual situation whereby the owner relied on another establishment's hiring policy with regard to age. Authority member Bullard made a motion, seconded by Authority member Veazie, to direct the City Attorney's Office to issue a letter of reprimand to the owners of The Bench. Yeas: Acott, Bullard, Monaghan, Morgan, Spaulding, and Veazie. Nays: None. -5- November 6, 1985 Authority member Acott stated for the record that she feels the owner was somewhat set up in this particular situation and stated she is willing to be a little more lenient. However, Mrs. Acott stated that if any further violations occur in the future, she would not be so lenient. Show/Cause Hearing for Gene's Tavern, 200 Walnut Mr. Michael Liggett, attorney representing the applicant, stated his client denies the allegation. Assistant City Attorney Paul Eckman briefed the Authority on the violation noting that on September 23, 1985, at approximately 9:19 p.m. an employee of the establishment sold an alcoholic beverage to an intoxicated person, which was observed by Officers Troy Krenning and David Mickelson. Mr. Eckman stated the previous violations which have occurred since the present ownership in 1973. It was noted that the Police Department is recommending a one -day suspension of the license. Officer Troy Krenning, was sworn, and stated he is a police officer employed by the City of Fort Collins. Officer Krenning stated that on September 23, 1985, at approximately 9:19 p.m. he was conducting routine bar checks. He stated that upon entering Gene's Tavern, he observed an intoxicated person known to him as Naomi Channel. He stated that in front of Ms. Channel on the bar was a draft beer with ice cubes. Officer Krenning stated the beer was taken into evidence and received confirmation from the bartender that it was beer. Officer Krenning spoke of an incident involving Ms. Channel on September 17, 1985, whereby Ms. Channel, while in an intoxicated state, requested a ride home by calling 911. Officer Krenning stated that he did not actually see Ms. Channel drinking the beer on the evening of September 23. At the request of the Assistant City Attorney, Officer Krenning described Ms. Channel's actions and irrational behavior. He went on to say that Ms. Channel volunteered to have a breath test taken, which proved to be .139. It was noted that Ms. Channel was placed in Officer Mickelson's car and transported to the Detox. Center in Greeley. Officer Krenning stated that in his opinion, Ms. Channel is a habitual drunk. Attorney Michael Liggett, cross-examined Officer Krenning. During the cross-examination, Officer Krenning stated he has received approximately 40-60 hours of training on how to detect an intoxicated person. Officer Krenning stated he did not ask Ms. Channel if she had any medical problems. Mr. Liggett stated that the Department of Health requires that all breath analysis tests be recorded into a daily log sheet. Officer Krenning stated he could not testify as to whether Ms. Channel's results were entered into the log. Mr. Liggett stated that the calculators distributed by the Fort Collins Police Department states that a .15 percent of alcohol registers the effects of drinking as obvious to anyone. For the record, it was noted once again that Ms. Channel registered as a .139. am Ll November 6, 1985 Officer David Mickelson, was sworn, and stated he is a police officer employed by the Fort Collins Police Department. Officer Mickelson stated that Officer Krenning requested his assistance at Gene's Tavern on the evening of September 23, 1985. Upon entering Gene's Tavern, Officer Mickelson stated he observed Ms. Naomi Channel in an intoxicated state. Officer Mickelson also described Ms. Channel's behavior. He stated he has seen Ms. Channel on numerous occasions both while sober and intoxicated. He noted that she will not stagger when she is sober. Attorney Michael Liggett cross-examined Officer Mickelson. During the cross-examination, Officer Mickelson stated he was not familiar with the requirement that all breath analysis tests had to be recorded. Officer Mickelson stated he was concerned with the personal care of Ms. Channel and had no intention of charging Ms. Channel with a criminal charge, or trying to revoke her drivers license. Officer Mickelson admitted that some procedures were not followed because this case did not involve a drunk driver. He testified that he has received approximately 16 hours of training on OUI and DWI. In response to a question by the Assistant City Attorney, Officer Mickelson stated he feels his experience on the job qualifies him to detect an intoxicated person. Ms. Naomi Channel, 2025 North College Avenue #325, Fort Collins, CO, was sworn and testified that she had an injury 18 years ago which injured her hip and affects her walk. In addition, she stated the accident also impaired her speech. Ms. Channel explained that she receives speech therapy to this day. In response to a question posed by Mr. Liggett, Ms. Channel stated she does not feel she was intoxicated on the evening of September 23, 1985. During cross-examination, Ms. Channel stated she remembers the evening of September 17 when Officer Krenning assisted her to her home. She stated on the 23rd of September she had a total of 4-5 beers at Gene's Tavern. Ms. Channel explained that she has friends at Gene's Tavern and likes to go there to visit. Ms. Ethyl Kapperman, 1006 Craigmore Drive, Fort Collins, CO, was sworn and stated she is employed by her son, the owner of Gene's Tavern. Mrs. Kapperman stated that she has known Naomi since 1961 and has on occasion seen Ms. Channel intoxicated. However, Mrs. Kapperman stated that Naomi Channel was not intoxicated on the 23rd of September. During cross-examination, Mrs. Kapperman stated she is employed as a bartender and has had to discontinue serving Ms. Channel when she has had too much to drink. Mrs. Kapperman stated that when Naomi Channel is intoxicated she will begin to stutter and cannot be understood because of her poor speech. In addition, Mrs. Kapperman stated Naomi Channel drinks very slowly and her level of intoxication depends on how much she has eaten. In response to a question by the Authority, Mrs. Kapperman stated that Ms. Channel's speech was normal on September 23, 1985. -7- November 6, 1985 Mr. Don Gibson, 313 North Roosevelt, Fort Collins, CO, was sworn and stated he was the bartender on duty the evening of September 23, 1985. Mr. Gibson stated that a bartender by the name of Gloria served Ms. Channel two beers between the hours of 2 p.m. and 5 p.m. At 5 p.m., Mr. Gibson stated he came on duty and served Ms. Channel a maximum of 3 beers between 5 p.m. and 9 p.m. Mr. Gibson went on to describe how slowly Ms. Channel drinks. Mr. Gibson stated that on occasion, the establishment has had to discontinue serving drinks to Ms. Channel when she has had too much to drink. In his opinion, Mr. Gibson stated he thought Ms. Channel was not intoxicated on the evening of September 23, 1985, and stated he was very surprised when they took her to the Detox. Center. Mr. Gene Kapperman, owner, was sworn and stated he observed Ms. Channel on the evening of September 23rd and stated she was not intoxicated. In addition, he stated he feels there has been no violation. Attorneys Michael Liggett and Paul Eckman gave their closing statements to the Authority. Authority member Monaghan stated that certain things indicate whether a person is intoxicated and ruled in favor of the officers testimony. Authority member Veazie commended Gene's Tavern with respect to cutting off service to intoxicated patrons. In addition, Mr. Veazie stated that in his mind, Ms. Channel was intoxicated at .139. Authority member Acott stated she feels the level of intoxication should have been evident since Ms. Channel had been drinking since 2 p.m. that day. Mrs. Acott pointed out that this is the fourth violation the establishment has had in the past two years. Authority member Veazie made a motion, seconded by Authority member Acott, to determine that a violation did occur at Gene's Tavern on September 23, 1985. Yeas: Acott, Bullard, Morgan, Monaghan, Spaulding and Veazie. Nays: None. Authority member Veazie made a motion, seconded by Authority member Monaghan, to issue a letter of reprimand. Yeas: Bullard, Monaghan, and Veazie. Nays: Acott, Morgan, and Spaulding. Assistant City Attorney Paul Eckman indicated that he feels the one -day suspension recommended by the Police Department is fairly lenient. Authority member Spaulding stated that she does not feel a letter of reprimand is sufficient in this case since the establishment had a violation in February 1984 for serving to an intoxicated person. Authority member Bullard stated the one -day suspension being recommended is appropriate and noted that the Authority has decided that a visibly intoxicated person was in fact served. me • November 6, 1985 Authority member Bullard made a motion, seconded by Authority member Monaghan, to levy a one day suspension to be served within the next 30 business days at the convenience of the owner and that the premises be posted. Yeas: Bullard, Monaghan, Morgan and Veazie. Nays: Acott and Spaulding. Authority member Acott suggested that the owner require each bartender to take the training course provided by Officer Ernie Tellez. Show/Cause Hearing for House of Yakitori, 151 South College Avenue Mr. Art March, attorney representing the applicant, stated his clients stipulate to the three violations. Assistant City Attorney Paul Eckman stated that three charges have been filed against the owner for service to a minor, conduct of the establishment whereby an employee of the establishment restrained one of the scouts, and failure to register a manager. Mr. Eckman stated that the Police Department is recommending a 3 day suspension for the first two violations and a 3 day suspension for failure to register a manager. It was noted that there have been no previous violations. Authority member Veazie made a motion, seconded by Authority member Acott, to determine that 3 violations did occur at the House of Yakitori, 151 South College Avenue. Yeas: Acott, Bullard, Monaghan, Morgan, Spaulding and Veazie. Nays: None. Mr. Art March, attorney representing the applicant, explained that the business is in the process of transferring the license back to the franchisor. In light of the circumstances, Mr. March stated that the management was guilty in overlooking some of the day to day operations. Mr. March noted that the employee who assaulted the cadet has been discharged, as well as the acting manager at that time. Ms. Marianne Driscoll, current owner, was sworn and explained the circumstances for which she is selling the business. Ms. Driscoll stated that she did not personally know the waitress accused of assaulting the cadet. Mr. Rick Reamer, franchisor, was sworn and spoke of the management agreement he has entered into with Marianne Driscoll. Mr. Reamer apologized profusely for the actions and attitude of the waitress and the manager. Mr. Reamer went on to say that he feels the Police Departments recommendation in this instance is fair. He noted that no previous liquor violations have occurred in the past. Mr. Reamer spoke briefly of their training procedures. Ms. Metta Dye, general manager, stated she is in the process of filing her application for manager with the City and State. Ms. Dye stated she has November 6, 1985 been in the restaurant business since 1972. She spoke of the training she has received, as well as the procedures she follows in training her own employees. It was noted that anyone looking under the age of 35 years is carded for identification. Ms. Dye also noted that she is in the process of coordinating a training class for her employees with Officer Ernie Tellez. Detective Frank Russell, Liquor Enforcement Officer for the City of Fort Collins, was sworn and stated that in September, 1984, (shortly after the restaurant was licensed) he had conversations with Marianne Driscoll informing her of the requirements in registering a manager for hotel -restaurant licenses. City's Exhibit A was submitted and identified as a copy of the renewal form recently filed with the City showing Marianne Driscoll as the general manager. In response to a question by Authority member Spaulding, Mr. Reamer stated he is aware of the requirement to register a manager and stated it was overlooked. He added that the corporation is willing to take full responsibility for the error. Authority member Bullard made a motion, seconded by Authority member Veazie, to levy a suspension for a total of three consecutive days to be served at the convenience of the owner, prior to December 2, 1985, and that the premises be posted. Yeas: Acott, Bullard, Monaghan, Morgan, Spaulding, and Veazie. Nays: None. Show/Cause Hearing for Rooster Cogburns, 117 Linden Assistant City Attorney Paul Eckman explained that the alleged violation stems from a complaint filed by a former waitress of the establishment. He explained that her report stated that the manager was intoxicated on the premises while on duty and that the manager treated her in a manner which would be offensive to the senses of the average citizen of the neighborhood. It was noted that there have been no previous liquor violations. Mr. Eckman stated that the Police Department is recommending that a three day suspension be levied. Ms. Lydia Adams, 901 Elm Street, Fort Collins, CO, was sworn stated that she was employed as a cocktail waitress at Rooster Coyburns on September 6, 1985. Ms. Adams explained that when the manager, Greg Matz, arrived on duty at 6:00 p.m. on the evening of the 6th, she wanted to explain to him about her absence the evening prior (Sept. 5). She stated that when she called in on Sept. 5 she told Greg Matz that there was a family emergency, when, in fact, she had had a fight with her fiancee and was too upset to work. At that time they spoke, Ms. Adams stated that Greg had told her it didn't matter and that personal life can be more important than a job. He then hugged her and gave her a kiss on the top of her head. At that time, Ms. Adams stated she took Greg's actions as a supportive gesture. Ms. Adams stated that at approximately 6:30 p.m., she noticed Greg sniffing something out of a can but did not know what it was. At approximately -10- • • November 6, 1985 10:30 p.m. that same evening, Ms. Adams testified that Greg Matz approached her and wanted an explanation for her absence on September 5. She stated there was a live band, which made it extremely difficult to hear, so they went upstairs to the office. Ms. Adams stated she could not understand Greg's speech very well and that he smelled of liquor. After discussing her absence from the previous evening and reaching a mutual agreement, Ms. Adams stated that Greg pulled her to him and hugged and kissed her on the head and the neck. She stated she told him to stop and tried to push him away. Later in the evening, Ms. Adams stated she observed Greg Matz staggering. In her opinion, Ms. Adams stated she felt Greg was intoxicated. From her experience in the restaurant business, Ms. Adams stated she feels she is capable of detecting an intoxicated person. Ms. Adams stated that her case was brought before the Civil Rights Commission whereby Rooster Cogburns offered her a $1100 settlement with the understanding that she would drop the charges before the Liquor Licensing Authority. She stated she denied this offer on the grounds that she feels the conduct of the manager is a serious matter and should be dealt with before the Liquor Licensing Authority. Mr. Art March, attorney representing the applicant, cross-examined Ms. Adams. During this cross-examination, Ms. Adams explained why she felt a fight with her fiancee constituted a family emergency. Ms. Adams stated that in her conversation with Greg Matz in the office he told her he did not feel it was a true family emergency. He also gave her the choice of being fired or starting over. She stated they mutually agreed to make a new start. Ms. Adams stated that no one was around to observe Greg's actions when he hugged and kissed her. She explained the procedures she took when she decided to quit her job, which included filing the police report with Detective Frank Russell. Mr. March then asked Ms. Adams to describe the steps taken with the Civil Rights Commission. In response to a question by the Authority, Ms. Adams stated she did not see Greg Matz take a drink on the evening of September 6, but stated that he had blood shot eyes, smelled of alcohol and staggered. In response to a question by Authority member Spaulding, Ms. Adams stated that Greg Matz did not touch her on the buttocks or breast. She explained to Mrs. Spaulding that, as a matter of principle, she was pursuing these charges in the hopes that the manager would not behave in this manner ever again. Attorney Mr. Art March requested from the Authority a motion to dismiss the case. Authority member Monaghan stated he feels that the alleged violation does not exist under the Section of the Liquor Code in which it has been brought before them. Authority members Bullard, Spaulding and Veazie stated they feel more testimony is needed. Mr. Greg Matz, general manager, was sworn and stated he has been employed as the manager for one year. Mr. Matz spoke of his background in the -11- November 6, 1985 restaurant business. Mr. Matz then gave his account of what happened on the evening of September 6, 1985. He testified that during the initial conversation with Lydia Adams at approximately 6 p.m., he stated to her that they would talk about the situation (of Sept. 5) later. He testified that during that same evening at approximately 9:30 or 10:00, he noticed Lydia looked a little uneasy. He stated he assumed this was because she was a new employee and it was a busy night. He then testified that Lydia mentioned to him that she did not know if she could handle the job. He admitted to giving her a hug at that point and explained that he wanted to give her some comfort and employee encouragement. Mr. Matz stated that he has never had anyone tell him these gestures were offensive. Mr. Matz stated that he would consider himself to be a person who physically shows his emotions and that he has hugged both men and women showing a friendly gesture. During his conversation with Ms. Adams in the office, Mr. Matz stated that they agreed to make a new start after they discussed the fact that he felt she lied to him when she said she had a family emergency. He admitted to giving her a hug and a kiss at this time. With respect to his speech, Mr. Matz stated that he is usually accused of talking too fast and that perhaps that is the reason Ms. Adams could not understand him. Mr. Matz testified that he had 3 cocktails while on duty the evening of September 6 between the hours of 9 p.m. and 2 a.m. Mr. Matz stated he was not drunk. In response to a question by the Authority, Mr. Matz stated he was taking snuff from the can to which Lydia referred. Assistant City Attorney Paul Eckman cross-examined Mr. Matz. During the cross-examination, Mr. Matz stated that he is a type of person who will hug and kiss other people. He stated that he has a steady girlfriend who has difficulty understanding his behavior. Mr. Matz explained why he did not feel Lydia's situation constituted a family emergency. When asked, Mr. Matz stated he was not jealous that Ms. Adams was engaged to be married. Mr. Matz testified that no one prior to Ms. Adams has complained or told him that his actions are offensive. Attorneys Paul Eckman and Art March gave their closing statements. Authority member Spaulding made a motion, seconded by Authority member Acott, to determine that no violation occurred at Rooster Cogburns. Authority member Monaghan commented that he does not feel Ms. Adams is lying or trying to maliciously attack the manager or the establishment. He stated the Authority is faced with deciding whether, in their opinion, a violation occurred under the section of the Liquor Code pertaining to conduct of the establishment. Authority member Veazie stated that he feels the manager's actions were not offensive to the "average citizen". In addition, he noted that in his opinion the manager was not intoxicated since he had testified to having only three drinks in a five -hour period. Mr. Veazie stated he feels this matter is more appropriate to go before the Civil Rights Commission. -12- November 6, 1985 Authority member Bullard stated he does not disbelieve any of the testimony given by Ms. Adams. In short, Mr. Bullard stated he can find no violation under the language of the statute brought before the Authority. Authority member Spaulding also stated that she does not feel anyone is lying. The Chairman put the motion to vote as follows: Yeas: Acott, Bullard, Morgan, Monaghan, Spaulding and Veazie. Nays: None. Expansion of Premises Gadsby's, 115 East Harmony Road Linda Gadsby, part-owner, stated there will be no increase in seating capacity. Chairman Monaghan noted for the record that the Authority had received a very complete, detailed report from Detective Russell recommending approval. Authority member Veazie made a motion, seconded by Authority member Acott, to determine that the expansion is not substantial and that the expansion be approved. Yeas: Acott, Bullard, Morgan, Monaghan, Spaulding, and Veazie. Nays: None. Expansion of Premises Cafe Francais, #11 Old Town Square Authority member Bullard abstained from participating on this item and left the room. Nicole Cohcard, owner, was present to request approval of the expansion. Once again, it was noted that the Authority had received a complete report from Detective Russell recommending approval of the expansion. Authority member Veazie made a motion, seconded by Authority member Spaulding, to determine that the expansion is not substantial and that the expansion be approved. Yeas: Acott, Morgan, Monaghan, Spaulding, and Veazie. Nays: None. Abstain: Bullard. Special Events Permit - Liquor CSU Department of Music, Theatre and Dance December 5, 6, and 7, 1985 Mr. John Lewick, representative of the CSU Music Department, stated that they are requesting a permit for the CSU Madrigal Dinners, which will run December 5 through December 7, 1985. He stated there will be a large -13- November 6, 1985 dinner party and extensive entertainment. Mr. Lewick noted that that they have received permits in the past which allow them to serve wine with dinner. It was noted that Detective Russell provided a detailed report which recommends that the permit be granted. Authority member Veazie made a motion, seconded by Authority member Morgan, to approve the special events permit for the CSU Music Department on December 5, 6, and 7, 1985. Yeas: Acott, Bullard, Morgan, Monaghan, Spaulding, and Veazie. Nays: None. Registration of Manager Longs Drug Stores, 743 South Lemay Avenue Mr. James Waite, general manager, spoke briefly of his background. Mr. Waite stated he is familiar with the Colorado Beer Code. He explained the store's policies and guidelines with respect to beer sales. Mr. Waite stated an employee who violates the law will be automatically terminated. Authority member Veazie made a motion, seconded by Authority member Spaulding, to approve the registration of manager of James Waite for Longs Drug Stores, 743 South Lemay Avenue. Yeas: Acott, Bullard, Morgan, Monaghan, Spaulding and Veazie. Nays: None. Change of Corporate Structure J.C. Ways and Means. 417 West Magnolia Ms. Charlotte West and Mr. Joseph Musa introduced themselves as the new owners in the corporation, J.C. Ways and Means. Chairman Monaghan noted for the record that Detective Russell provided the Authority a very detailed report and recommends approval of the change of corporate structure. Mr. Musa stated there will be no major changes in the organization. He stated that he personally will work the functions where minors attend, such as concerts at the Lincoln Center, to make sure that his staff is checking for proper identification. In response to a question by the Authority, Mr. Musa stated his staff is currently trained. Authority member Acott made a motion, seconded by Authority member Bullard, to approve the change of corporate structure for J.C. Ways and Means, dba Lincoln Center, 417 West Magnolia. Yeas: Acott, Bullard, Morgan, Monaghan, Spaulding and Veazie. Nays: None. -14- November 6, 1985 Transfer of Ownership County Cork, 2439 South College Avenue, Suite 1, Unit C Authority member Monaghan abstained from participating on this item and left the room. Authority member Bullard chaired the item. Mr. Kevin Maas, co-owner, explained that he and his father previously applied for the license as a partnership and now wish to incorporate. It was noted that the two wives have been added to the license. It was noted that the Police Department provided an extensive background investigation report and recommends approval of the transfer. Authority member Veazie made a motion, seconded by Authority member Spaulding, to approve the transfer of ownership to County Cork, Inc. Yeas: Acott, Bullard, Morgan, Spaulding and Veazie. Nays: None. Abstain: Monaghan. New Application for a Liquor Licensed Drug Store for Janette's Pharmacy, 1624 South Lemay Avenue Authority member Veazie made a motion, seconded by Authority member Acott, to accept a new application and set the preliminary hearing for December 4, 1985, and the final hearing for January 2, 1986. Yeas: Acott, Bullard, Morgan, Monaghan, Spaulding, and Veazie. Nays: None. Police Report Detective Frank Russell asked the Authority to establish guidelines for where he is to site management problems under the Liquor Code. Adjournment Authority member Acott made a motion, seconded by Authority member Bullard, to adjourn. The Chairman put the motion which was unanimously adopted. The meeting was adjourned at approximately 12:25 a.m. ���:r'.W /I 1 � C Uhairman -15-