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HomeMy WebLinkAboutLiquor Licensing Authority - Minutes - 09/11/1985LIQUOR LICENSING AUTHORITY Regular Meeting - September 11, 1985 7:30 P.M. A regular meeting of the Liquor Licensing Authority was held on Wednesday, September 11, 1985, in the Council Chambers of the City of Fort Collins Municipal Building. The following members were present: Acott, Bullard, Monaghan, Sheahan, Sommermeyer, Spaulding, and Veazie. 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 August 14, 1985, Approved as Amended Authority member Monaghan amended the portion of the minutes which pertained to Old Town Liquors (formerly Ace Liquors). Authority member Veazie made a motion, seconded by Authority member Sommermeyer, to approve the minutes of the regular meeting of August 14, 1985, as amended. Yeas: Acott, Bullard, Monaghan, Sommermeyer, Spaulding, and Veazie. Nays: None. Abstain: Sheahan. Show/Cause Hearing for Moonyeen's, 400 East Olive Assistant City Attorney Paul Eckman briefed the Authority on the alleged violation, noting that the owner had allowed a person under the age of 21 years to participate in the sale and/or dispensing of spirituous liquors during the period of June through July 16, 1985. Paul noted that the establishment has had no previous liquor violations since it was licensed in May, 1985. It was noted that the Police Department is recommending a three-day suspension. Detective Frank Russell, was sworn, and stated he is a detective with the City of Fort Collins assigned to liquor enforcement. Detective Russell explained that he received a telephone call on July 12, 1985, from an anonymous caller informing him that there was an under age person employed as the bartender at Moonyeen's. On July 16, 1985, at approximately 11:30 a.m., Detective Russell stated he went to Moonyeen's and asked to see the owner and the bartender. Upon his request, Ms. Kim Wasson, bartender and daughter of the owner, produced an ID which was false. Although Ms. Wasson denied that it was false, the owner Moonyeen Cook, stepped in and admitted that her daughter's ID was false with respect to her age. Detective Russell indicated that he had a conversation with the owner regarding the 21-year old age requirements and the sale of liquor. September 11, 1985 Exhibit A was submitted and identified as the Colorado Driver's License for Kim Wasson. The date of birth listed was 11-1-63. Exhibit B was submitted and identified as the birth certificate for Kim Wasson. The date of birth listed was 11-1-64. Ms. Moonyeen Cook, owner, was sworn and stated she agreed with everything the City had presented. Ms. Cook stated that when her daughter came to work for her no one had intended for her to bartend. She explained that prior to opening, four people were hired to cover both day and evening bartending. Shortly after opening, one bartender was fired and one bartender quit. During this time, her daughter filled in as a bartender. Ms. Cook noted previously in her testimony that her daughter had worked as a waitress in Omaha, Nebraska prior to moving to Colorado. Assistant City Attorney Paul Eckman gave his closing statement. Authority member Acott made a motion, seconded by Authority member Veazie, to determine that a violation did occur at Moonyeen's, 400 East Olive. Yeas: Acott, Bullard, Monaghan, Sheahan, Sommermeyer, Spaulding, and Veazie. Nays: None. Authority member Spaulding stated that she feels the mother has encouraged her minor daughter to break the law. Authority member Veazie stated he is concerned that the owner may be tempted to break the law each and every time she's placed in a tough spot, such as replacing a bartender with a minor because she was short on staff. Authority member Monaghan stated there has been a double wrong whereby a minor was issued an illegal driver's license and then the minor utilized the license for her own gain. He added that Ms. Cook's solutions to the problem were unacceptable. Authority member Veazie made a motion, seconded by Authority member Sheahan, to levy a 7 consecutive day suspension to be served within the next 30 days and that the premises be posted. Yeas: Acott, Bullard, Monaghan, Sheahan, Sommermeyer, Spaulding, and Veazie. Nays: None. Renewal Application for a Hotel -Restaurant License for Blue Bayou, 1045 East Garfield Authority member Veazie made a motion, seconded by Authority member Sommermeyer, to approve the renewal for Blue Bayou, 1045 East Garfield. Yeas: Acott, Bullard, Monaghan, Sheahan, Sommermeyer, Spaulding, and Veazie. Nays: None. -2- • • September 11, 1985 Renewal Application for a 3.2% Fermented Malt Beverage lass A) License for Upper Crust, 802 South College Avenue Authority member Veazie made a motion, seconded by Authority member Sommermeyer, to approve the renewal for Upper Crust, 802 South College Avenue. Yeas: Acott, Bullard, Monaghan, Sheahan, Sommermeyer, Spaulding, and Veazie. Nays: None. Special Events Permit - 3.2% Eyeopeners Kiwanis Club - October 19, 1985 Mr. John Salono, events manager, stated this will be the 8th annual Oktoberfest to be held at Oak Street Plaza. Mr. Salono stated they have contracted with the Fort Collins Police Department to provide two off -duty officers in the area. He stated they will have experienced bartenders dispensing the beer within a roped off area. He added that these people will be trained on checking ID's and identifying intoxicated people. Mr. Salono stated even though the beer permit allows them to start serving at 8 a.m. that they probably will not start serving beer until 11 a.m. Mr. Justus Wilkinson, 429 South Whitcomb Street, spoke in opposition to the permit. Mr. Wilkinson addressed the problems of drunk driving and law enforcement efforts to eliminate drunk driving. In closing, Mr. Wilkinson stated he feels there are enough licensed establishments in the area of Oak Street Plaza that serve beer. Authority member Spaulding made a motion, seconded by Authority member Acott, to approve the special events permit for Eyeopeners Kiwanis on October 19, 1985. Yeas: Acott, Bullard, Monaghan, Sheahan, Sommermeyer, Spaulding and Veazie. Nays: None. Special Events Permit - 3.2% Sigma Nu Fraternity - September 21 1985 Mr. Andy Krueger, events manager, stated he previously applied for a permit on September 1, 1985, but later found out from CSU that he would be prohibited from using it on that date. He stated the event is a fund raising event to be held at the fraternity house. Mr. Krueger also noted that a snow fence will encircle the premises. Authority member Sommermeyer made a motion, seconded by Authority member Veazie, to approve the special events permit for Sigman Nu Fraternity on September 21, 1985. Yeas: Acott, Bullard, Monaghan, Sheahan, Sommermeyer, Spaulding and Veazie. Nays: None. -3- September 11, 1985 Registration of Manager Clover's. 518 West Laurel Mr. John Dunne, general manager, spoke briefly of his background. He stated a pamphlet on liquor guidelines is distributed to all new employees at the time they are hired. He stated this is a new policy which has been implemented since his employ as manager. Mr. Dunne noted that it is mandatory that all employees attend the sessions conducted by Officer Ernie Tellez. Authority member Sommermeyer made a motion, seconded by Authority member Veazie, to approve the registration of manager of John Edward Dunne for Clover's, 518 West Laurel. Yeas: Acott, Bullard, Monaghan, Sheahan, Sommermeyer, Spaulding, and Veazie. Nays: None. Transfer of Ownership Harmony Discount Liquors, 115 East Harmony Road Mr. Robert Kutin, co-owner, stated he is currently operating the store under a management agreement. Mr. Kutin stated there are no changes planned in the operations of the store. Mr. Kutin stated he has no previous background in the liquor business but is in the process of familiarizing himself with the Colorado Liquor laws. It was noted that signs are posted in the store warning patrons to be prepared to show some ID at the time of purchase. Mr. Kutin stated he has turned a few customers away because they had no ID on them. Authority member Sommermeyer made a motion, seconded by Authority member Spaulding, to approve the transfer of ownership for Harmony Discount Liquors, 115 East Harmony Road. Yeas: Acott, Bullard, Monaghan, Sheahan, Sommermeyer, Spaulding, and Veazie. Nays: None. Transfer of Ownership Oriental House, 2900 Harvard Mr. Zachary Wilson, attorney representing the owner, stated his client has purchased the business and is operating under a management agreement. He noted that his client previously owned and operated the Mandarin Restaurant until 1981. Mr. Yu Chun Liu, owner, stated he has had no liquor violations during his 27 years of experience in the liquor business. Mr. Liu stated he is familiar with the Colorado Liquor laws. In response to a question by the Authority, Mr. Liu stated there will be no changes in operation of the Oriental House. Authority member Sommermeyer made a motion, seconded by Authority member Acott, to approve the transfer of ownership for the Oriental House, 2900 Harvard. Yeas: Acott, Bullard, Monaghan, Sheahan, Sommermeyer, Spaulding, and Veazie. -4- n u September 11, 1985 Final Hearing for a 3.2% Fermented Malt Beverage License (Class B) for Longs Drug Stores 743 South Lemay Avenue Mr. David Sabey, in-house attorney for Longs Drugs Stores, was sworn, and gave a brief background of Longs Drug Stores. He noted that this will be their first store in Colorado. Exhibit 7 was submitted and identified as store policies with regards to beer laws that each employee is required to read and sign prior to employment. Mr. Sabey stated that the store will do its own spot compliance checks on a routine basis. He added that all employees will be required to attend the seminars conducted by Officer Ernie Tellez. Mr. Jim Wait, store manager, was sworn, and stated he is transferring from the Longs Drug Store in Bend, Oregon. He spoke briefly of his background. It was noted that he has had no beer violations during his employment with Longs Drug. Mr. Max Scott, owner of Oedipus, Inc., was sworn and stated he was contracted to do a beer license petition survey for Longs Drug Stores. Mr. Scott explained how the petition survey is conducted. Exhibit 1 was submitted and identified as a summary report explaining the survey results. Exhibits 2-6 were submitted and identified as petitions circulated on behalf of the application. Mr. Scott explained in detail the results of the survey. He stated that based on needs and desires, 91% of the neighborhood signed in favor of the license. Mr. Scott stated these were very high statistics for a 3.2% off -premise license. Authority member Sommermeyer made a motion, seconded by Authority member Spaulding, to approve the 3.2% beer license (Class B) for Longs Drug Stores, 743 South Lemay Avenue. Yeas: Acott, Bullard, Monaghan, Sheahan, Sommermeyer, Spaulding, and Veazie. Nays: None. Final Resolution for Longs Drug Stores 743 South Lemay Avenue Authority member Veazie made a motion, seconded by Authority member Acott, to approve the Final Resolution as presented. Yeas: Acott, Bullard, Monaghan, Sheahan, Sommermeyer, Spaulding and Veazie. Nays: None. Final Resolution for Gasamat, 221 West Prospect Road Authority member Veazie made a motion, seconded by Authority member Acott, to approve the Final Resolution as presented. Yeas: Acott, Bullard, Monaghan, Sheahan, Sommermeyer, Spaulding and Veazie. Nays: None. -5- September 11, 1985 Final Resolution for E1 Burrito Dos, 524 West Laurel Street Authority member Veazie made a motion, seconded by Authority member Acott, to approve the Final Resolution as presented. Yeas: Acott, Bullard, Monaghan, Sheahan, Sommermeyer, Spaulding, and Veazie. Nays: None. Other Business Assistant City Attorney Paul Eckman stated that City Council will be considering eliminating the 500 foot rule as it relates to CSU for hotel -restaurant licenses only. He stated the Resolution before the Authority makes a recommendation to City Council supporting the removal of the 500 foot rule. Paul explained that CSU has been contacted and they have no objection to the proposed Ordinance. Paul also noted that no notice to the public was needed, as this Ordinance will be handled in the normal fashion. Paul added that the Authority will need to discuss the item and make a formal motion. Dective Frank Russell stated that the Fort Collins Police Department has no objection to the amendment. A brief history of the matter at hand was given to the two new members of the Authority, Peter Bullard and Alice Spaulding. Authority member Veazie made a motion, seconded by Authority member Sommermeyer, to adopt the Resolution. Yeas: Acott, Bullard Monaghan, Sheahan, Sommermeyer, Spaulding, and Veazie. Nays: None. Assistant City Attorney Paul Eckman stated staff has drafted a Resolution establishing a policy on the issuance of ID cards to all massage therapists and each employee. He explained that state statute requires all employees to be issued an ID card but a complete background investigation check is only required for the owner of a massage establishment. The Resolution, if adopted by the Authority, will allow the City to investigate all owners and all employees of an establishment. Paul stated the Police Department was not comfortable in issuing ID cards to employees without first investigating their true identity. Authority member Veazie made a motion, seconded by Authority member Sheahan, to adopt the Resolution. Yeas: Acott, Bullard, Monaghan, Sheahan, Sommermeyer, Spaulding, and Veazie. Nays: None. Police Report Detective Frank Russell reported to the Authority that the Attorney General's Office has now ruled that gambling is legal in liquor licensed establishments as long as it is done on a social basis. In response to a question by the Authority, Frank stated that superbowl pools are illegal. September 11, 1985 Adjournment Authority member Sommermeyer made a motion, seconded by Authority member Acott, to adjourn. The Chairman put the motion to vote which was unanimously adopted. The meeting was adjourned at approximately 9:25 p.m. Secretary Chh a airman -7-