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HomeMy WebLinkAboutLiquor Licensing Authority - Minutes - 08/14/1985LIQUOR LICENSING AUTHORITY Regular Meeting - August 14, 1985 7:30 P.M A regular meeting of the Liquor Licensing Authority was held on Wednesday, August 14, 1985, in the Council Chambers of the City of Fort Collins Municipal Building. The following members were present: Acott, Bullard, Monaghan, Sommermeyer, Spaulding, and Veazie. Authority Members Absent: Sheahan. Staff Members Present: Debbie Caster, City Clerk's Office Mike Dolon, Police Department Paul Eckman, City Attorney's Office Minutes of the Regular Meeting of July 17, 1985, Approved as Published Authority member Veazie made a motion, seconded by Authority member Acott, to approve the minutes of the regular meeting of July 17, 1985, as published. Yeas: Acott, Bullard, Sommermeyer, Spaulding, and Veazie. Nays: None. Abstain: Monaghan. Show/Cause Hearing for Moote House, 2626 Scuth College Avenue No one was present to represent the Moote House. Assistant City Attorney Paul Eckman briefed the Authority on the alleged violation, noting that a sign is posted on the premises stating that the premises are closed and will open soon under new management. He stated the City feels this indicates that the present licensee is no longer in possession of the premises and that a transfer of management has occurred without filing the paperwork within the required 30-day period. It was noted into the record that the sign was first discovered by Detective Frank Russell on June 7, 1985. The Authority inquired as to how long a license can remain inactive. Assistant City Attorney Paul Eckman replied a license can remain inactive up to one year. Authority member Monaghan stated that it is not known for a fact that the license has been transferred. Authority member Sommermeyer stated he feels the City has not sufficiently shown that a violation has occurred or.that the licensee is no longer in control of the business. August 14, 1985 Authority member Sommermeyer made a motion, seconded by Authority member Bullard, that no violation has occurred at the Moote House, 2626 South College Avenue. Yeas: Acott, Bullard, Monaghan, Sommermeyer, Spaulding, and Veazie. Nays: None. Renewal Application for a Retail Liquor Store License for Spring Creek Liquors, 1005 West Stuart Authority member Veazie made a motion, seconded by Authority member Sommermeyer, to approve the renewal for Spring Creek Liquors, 1005 West Stuart #A-3. Yeas: Acott, Bullard, Monaghan, Sommermeyer, Spaulding and Veazie. Nays: None. Special Events Permit - 3.2% Rawhide Marathon Foundation - October 13, 1985 Because no one was present at this time, the Authority tabled the matter to the end of the meeting. Special Events Permit - Liquor St. Joseph's School- September 28, 1985 Ms. Pat Teixiera, Chairperson, stated the school is holding an alumni dance on September 28, 1985, at the school gym. Ms. Teixiera stated both food and beverages will be served. It was noted that ID's will be checked at the door and a floater will be rssigned to mingle throughout the crowd to check for minors. Authority member Sommermeyer made a motion, seconded by Authority member Veazie, to approve the special events permit for St. Joseph's School on September 28, 1985. Yeas: Acqtt, Bullard, Monaghan, Sommermeyer, Spaulding and Veazie. Nays: None. Special Events Permit - 3.2% Pi Kappa Alpha Fraternity - September 16, 1985 Mr. Erick Loss, events manager, stated the event will be a fund raiser for the Muscular Dystrophy Association. He stated the event will have live music, food, beer and soft drinks. Mr. Loss noted that the premises used will be surrounded by a 4 foot snow fence. He stated ID's will be checked at the gate entrance. He also noted that security officers will be on hand during the entire event. Mr. Loss stated that the CSUPD will provide training to their staff on how to identify valid ID's and intoxicated persons. Because over 2,000 people are expected to attend the event throughout the day, the Authority strongly urged that only one beer be sold at a time and -2- LJ • August 14, 1985 that somehow they keep track of the number of drinks an individual is drinking. Authority member Spaulding made a motion, seconded by Authority member Acott, to approve the special events permit for Pi Kappa Alpha Fraternity on September 16, 1985. Yeas: Acott, Bullard, Monaghan, Sommermeyer, Spaulding, and Veazie. Nays: None. Registration of Manager Washington's, 132 West Laporte Avenue Ms. Colleen O'Hara, general manager, spoke briefly of her background. She stated she is responsible for training employees, along with her assistant managers. Ms. O'Hara noted that the corporation will be modernizing the building in the near future and making other changes to their menu, etc. She stated that the corporation is developing new training manuals to be issued soon. Authority member Sommermeyer made a motion, seconded by Authority member Veazie, to approve the registration of Colleen O'Hara for Washington's, 132 Laporte Avenue. Yeas: Acott, Bullard, Monaghan, Sommermeyer, Spaulding and Veazie. Nays: None. Final Hearing for a Beer and Wine License for Culpepper's Barbeque, 755 Lemay Avenue Mr. Steve Botcher, part owner, was sworn and stated they are proposing to open a family -style barbeque restaurant to be located in the Albertson's shopping center on Lemay Avenue. Mr. Botcher stated they will be open 7 days a week from 11 a.m. until 10 p.m. He noted that he and his partner will employ approximately 15 people and will be responsible for training them. He stated that one of the owners will be on the premises at all times. Applicants Exhibit A was submitted and identified as petitions circulated on behalf of the application. Mr. Botcher stated 504 valid signatures were collected. He noted that very few people refused to sign their petition. Those that did refuse to sign did so because they do not sign any petitions or do not drink. Mr. Botcher stated they are requesting the license to complement their menu. He stated there will be no sit down bar and drinks will be dispensed at the cashier register by either one of the owners or a trained employee. In his closing remarks, Mr. Botcher stated that he has contacted Officer Tellez to schedule a training class. Authority member Acott made a motion, seconded by Authority member Spaulding, to approve the beer and wine license for Culpepper's Barbeque, 755 Lemay Avenue. Yeas: Acott, Bullard, Monaghan, Sommermeyer, Spaulding and Veazie. Nays: None. Authority member Veazie made a motion, seconded by Authority member Acott, to approve the Final Resolution as presented. Yeas: Acott, Bullard, Monaghan, Sommermeyer, Spaulding, and Veazie. Nays: None. -3- August 14, 1985 Final Hearing for a 3.2% Fermented Malt Beverage License (Class B) for Gasamat. 221 West Prospect Road Mr. John Duval, attorney representing the applicant, called Mr. Paul Murphy to the stand. Mr. Paul Murphy, operations manager, was sworn and explained that Gasamat is currently converting their self-service unit into a mini convenience store/gasoline outlet. It was noted that the store will sell fast food items such as beverages, beer, munchies, sandwiches, etc. Applicant's Exhibit C was submitted and identified as drawings of the interior and exterior improvements being made to the premises. It was noted that the personnel of the store will be the only authorized individuals to have access to the cooler where the 3.2% beer is stored. Mr. Murphy stated a manager has been hired and three other employees will be hired. It was noted that all employees will be 18 years or older. Mr. Murphy stated the unit will be open 24 hours a day but noted that no beer sales will take place between the hours of midnight and 5 a.m. Mr. Murphy stated the company has a policy and procedure manual, which covers policies with regard to 3.2% beer, that each employee is provided. He stated that the employees will also be required to go through the training classes conducted by Officer Tellez. Applicant's Exhibit D was submitted and identified as the policy and procedure manual concerning the sale of beer. It was noted that any employee who violates these policies is immediately terminated. Mr. Murphy stated that he and the general manager are responsible for instituting these policies and training any new employees. Mr. Murphy stated that the other beer license they hold at Fast Lane, 200 West Horsetooth, was found in violation after serving to a minor during one of the routine spot compliance checks. He noted that the company now conducts their own spot checks. Mr. Max Scott, owner of Oedipus, Inc., was sworn and stated he was contracted to do a beer license petition survey for Gasamat Oil Corporation. Mr. Scott explained how the petition survey is conducted. Applicant's Exhibit A was submitted and identified as four packets of petitions which were circulated on behalf of the application. Applicant's Exhibit B was also submitted and identified as the report explaining the survey results. Mr. Scott explained in detail the results of the survey. He stated that based on needs and desires, 87% of the neighborhood signed in favor of the license. Mr. Scott stated these were very good statistics for a 3.2% off -premise license. Based upon the petition survey, Mr. Duval stated that the needs and desires of the neighborhood area are not currently being met and requested that the beer license be granted to Gasamat Oil Corporation. Authority member Veazie made a motion, seconded by Authority member Spaulding, to approve the 3.2% beer license (Class B) for Gasamat Oil Corporation doing business at 221 West Prospect Road. Yeas: Acott, Bullard, Monaghan, Sommermeyer, Spaulding and Veazie. Nays: None. -4- i a August 14, 1985 Registration of Manager Gasamat, 221 West Prospect Road Mr. Mickey Falconburg, general manager, stated he has been through a 3-week training course with his employer. In addition, he stated he is scheduled to attend the training class conducted by Officer Tellez. Mr. Falconburg stated that every store has a manual on the premises which contains information on the 3.2% Beer Code. It was noted that the Authority has been provided with a detailed report on Mr. Falconburg from the police department. Authority member Sommermeyer made a Veazie, to approve the registration Gasamat, 221 West Prospect Road. Sommermeyer, Spaulding, and Veazie. motion, seconded by Authority member of manager for Mickey Falconburg at Yeas: Acott, Bullard, Monaghan, Nays: None. Final Hearing for a 3.2% Fermented Malt Beverage License (Class C) for E1 Burrito Dos, 524 West Laurel Mr. Marcelino Ortiz, owner, was sworn and submitted petitions marked as Applicant's Exhibit 1 which were circulated on behalf of the application. He stated he received approximately 382 signatures in favor of the license. He noted that these signatures were collected from the residents of the neighborhood as well as customers in the restaurant. Mr. Ortiz stated that he will employ 12-13 other employees and that he will be responsible for training. He stated that he will be scheduling his employees to attend Officer Tellez' training course. Mr. Ortiz stated his business hours are 7 days a week from 11 a.m. to 10 p.m. He also stated that he will be present on the premises at all times. Mr. Ortiz explained that he has an agreement with the owner of E1 Burrito on Linden Street which allows him to use the E1 Burrito name and to receive some food such as green chili and beans. Mr. Ortiz stated that Mr. Godinez has no financial interest in his business nor will he be involved with its operation. Mr. Ortiz stated he does not intend to run a bar and that drinks will be served with meals. In response to a question by the Authority, Mr. Ortiz stated he will post rules in the back room on how to check for ID's and that he will be instructing his employees to check everyone's ID. Authority member Sommermeyer made a motion, seconded by Authority member Spaulding, to approve the 3.2% beer license (Class C) for E1 Burrito Dos, 524 West Laurel. Yeas: Acott, Bullard, Monaghan, Sommermeyer, Spaulding, and Veazie. Nays: None. -5- August 14, 1985 Final Hearing for a 3.2% Fermented Malt Beverage License (Class B) for Longs Drug Stores, 743 South Lemay Avenue It was noted that not all of the fingerprints have been returned from the CBI on the application for Longs Drug Stores, therefore the hearing should be tabled to the next meeting. Authority member Sommermeyer made a motion, seconded by Authority member Spaulding, to table the final hearing for Longs Drug Stores, 743 South Lemay Avenue, to September 11, 1985. Yeas: Acott, Bullard, Monaghan, Sommermeyer, Spaulding, and Veazie. Nays: None. Transfer of Ownership Old Town Liquors, 238 East Mountain Avenue Mr. Craig Stirn, attorney representing Mr. and Mrs. Jang, current owners of the license for Ace Liquors, 238 East Mountain Avenue, stated the documents have now been signed which gives his clients permission to transfer the liquor license. The Authority had the opportunity to examine the Lease,. financial documents, and all agreements. Mr. Vincent Chung stated that he has a financial interest in the business but no interest in the management of the business. Mr. Jae Kim stated that Mr. Chung is not involved with the managing of the store but that he has an agreement with Mr. Chung to pay back some money. Mr. Kim explained that he is borrowing some money from his brother to pay back Mr. Chung. Mr. Kim also stated that he will be borrowing money from his father in Korea to pay Mr. Chung some money this fall. He noted that his father will not be a partner in the business. Boardmember Monaghan stated that Detective Russell is recommending approval for the transfer of the liquor license to Jae Hoon Kim. However, he stated the Authority has a concern with Mr. Chung's involvement with the license. Mr. Kim stated he is prepared to say that Mr. Chung will have no involvement with the license. Mr. Chung stated he has never been involved in the business of Ace Liquors and spoke of his other businesses in Fort Collins and Estes Park. Mr. Chung spoke of the financial arrangements which have been made between Mr. Kim and himself. Mr. Chung stated that his only role in the business is landlord and lender. Mr. Jae Kim stated he has been operating the business since February 1985 and did not file the paperwork because his brother was going to transfer the license originally. Boardmember Monaghan stated that if anything said during the hearing proves not to be true, or if any further violations occur at the establishment, the Authority will seriously consider revoking the license. Q August 14, 1985 Authority member Sommermeyer made a motion, seconded by Authority member Spaulding, to approve the transfer of the liquor license from Sung Im Jang and Soo Chang Jang to Jae Hoon Kim, dba Old Town Liquors (formerly Ace Liquors), 238 East Mountain Avenue and ordered the court reporter to provide a verbatim transcript of the statements made to remain on file in the City Clerk's Office. Yeas: Acott, Bullard, Monaghan, Sommermeyer, Spaulding, and Veazie. Nays: None. Other Business The Authority unanimously decided to reschedule the meeting of January 1, 1986, to Thursday, January 2, 1986. The Authority discussed drafting policies and procedures to be adopted by the Authority with regard to Massage Licensing. Some discussion took place about grandfathering in all existing massage establishments and establishing more strict procedures for new licenses after September 30. It was requested by the Board that the Chairman meet with staff to try and set up some procedures and guidelines to follow in processing massage licenses prior to the September 11 regular meeting. Police Report Detective Mike Dolan requested a show/cause hearing for Moonyeen's Restaurant, 400 East Olive, for a violation involving a minor serving alcoholic beverages on the premises. Authority member Veazie made a motion, seconded by Authority member Sommermeyer, to determine probable cause and scheduled a show/cause hearinc for September 11, 1985. Yeas: Acott, Bullard, Monaghan, Sommermeyer, Spaulding, and Veazie. Nays: None. Special Events Permit - 33.2% Rawhide Marathon Foundation No one was present to represent this application. Authority member Sommermeyer made a motion, seconded by Authority member Veazie, to approve the special events permit for Rawhide Marathon Foundation on October 13, 1985. Yeas: Acott, Bullard, Monaghan, Sommermeyer, Spaulding, and Veazie. Nays: None. Adjournment Authority member Veazie made a motion, seconded by Authority member Sommermeyer, to adjourn. -7- August 14, 1985 The Chairman put the motion which was unanimously adopted. The meeting was adjourned at approximately 10:00 p.m. /.n�� aiairmman