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HomeMy WebLinkAboutLiquor Licensing Authority - Minutes - 7/17/19850 LIQUOR LICENSING AUTHORITY Regular Meeting - July 17, 1985 7:30 P.M. A regular meeting of the Liquor Licensing Authority was held on Wednesday, July 17, 1985, in the Council Chambers of the City of Fort Collins Municipal Building. The following members were present: Acott, Bullard, Sommermeyer, Spaulding, and Veazie. (Secretary's Note: Authority member Veazie arrived at approximately 7:35 p.m.) Authority Members Absent: Monaghan and Sheahan. 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 June 19, 1985 Approved as Published Authority member Acott made a motion, seconded by Authority member Sommermeyer, to approve the minutes of the regular meeting of June 19, 1985, as published. Yeas: Acott and Sommermeyer. Nays: None. Abstain: Bullard and Spaulding. Show/Cause Hearing for Cables End, 165 East Boardwalk Drive Assistant City Attorney Paul Eckman briefed the Authority of the facts on the alleged violation noting that on April 26, 1985, at approximately 8:30 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. Mr. Thomas Hellerich, attorney representing the applicant, stated his client stipulates to the violation. Authority member Acott made a motion, seconded by Authority member Veazie, to determine that a violation did occur on April 26, 1985, at Cables End, 165 East Boardwalk. Yeas: Acott, Bullard, Sommermeyer, Spaulding, and Veazie. Nays: None. Mr. Keith Johnson, owner, spoke employees are reminded by the responsibilities are with respect the circumstances on the evening was working that shift. of their training policies. He stated manager on a daily basis what their to serving liquor. Mr. Johnson explained of the 26th and noted that a new person July 17, 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, Sommermeyer, Spaulding and Veazie. Nays: None. Show/Cause Hearing for Town Pump, 124 North College Avenue Assistant City Attorney Paul Eckman briefed the Authority on the violation noting that on May 16, 1985, at approximately 11:18 p.m., an officer observed two intoxicated persons in the establishment drinking beer. The establishment's previous record was read into the record. Officer Jack Taylor, was sworn, and stated he is a Police Officer with the City of Fort Collins and currently working as the DUI Enforcement Officer. Officer Taylor stated that on the evening of May 16, he was on routine patrol on foot in the downtown area. He stated he responded to a disturbance occurring at the Sports Page. The disturbance involved a bartender refusing to serve two intoxicated individuals. When Officer Taylor arrived, the two individuals left the establishment on their bikes, at which time Officer Taylor advised them that if they rode they could be arrested for DUI. Officer Taylor stated the individuals had symptoms of being intoxicated such as slurred speech, blood shot eyes, and difficulty maintaining their balance. He stated he then saw the two individuals walking their bikes down the sidewalk. Approximately 20 minutes later, Officer Taylor stated he was back in his patrol car and driving by the Town Pump when he observed the same two individuals inside the Town Pump and two bikes out in front. At the time he approached the bar, Officer Taylor stated he could see from looking in the windows one of the two individuals taking a drink of beer from his glass. In response to a question by the Authority, Officer Taylor stated he has attended classes on how to identify an intoxicated person. He stated that even someone who has had no training should have been able to identify, these two individuals as being intoxicated. Mr. Dennis Newlun, owner, was sworn and spoke of the seminar conducted by Officer Ernie Tellez. Mr. Newlun read a list of symptoms to watch for in detecting an intoxicated person which was covered in the seminar. Mr. Troy Hoover, witness, was sworn and stated he was in the bar the evening of the 16th. He further stated that the two individuals did not show any symptoms outlined on Mr. Newlun's list. Mr. Hoover stated the two individuals were very quiet and seemed almost depressed. Mr. Robert Mathena, witness, was sworn and stated he was in the bar the evening of the 16th. He stated that the bar is very small and that he was able to observe everything that happened. Mr. Mathena stated that the two individuals did not show any signs of intoxication according to the list Mr. Newlum read. Assistant City Attorney Paul Eckman gave his closing remarks. -2- 0 0 July 17, 1985 Authority member Sommermeyer stated that he feels the Police Officer's testimony with regard to detecting an intoxicated person would be more accurate than those customers in the bar. Authority member Veazie pointed out that another bartender at a different bar refused service to these two individuals earlier in the evening. Authority member Spaulding stated the information given by Ernie Tellez at the seminar on how to detect an intoxicated person differs from what Officer Taylor said when he described the symptoms he recognized as intoxication. Frank Russell, Detective with the Fort Collins Police Department, was sworn, and stated that the information distributed by Ernie Tellez is only a portion of the information covered in the seminar. He stated that other areas and symptoms of intoxication are covered. Authority member Acott made a motion, seconded by Authority member Veazie, to determine that a violation did occur on May 16, 1985, at the Town Pump, 124 North College Avenue. Yeas: Acott, Sommermeyer, and Veazie. Nays: Bullard and Spaulding. Assistant City Attorney Paul Eckman stated that the Police Department is recommending a one day suspension. Authority member Veazie made a motion to issue a letter of reprimand to the owner of the Town Pump. After further discussion, the motion was withdrawn. 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, Sommermeyer, and Veazie. Nays: Bullard and Spaulding. Show/Cause Hearing for The Pub, 210 Linden Assistant City Attorney Paul Eckman explained that construction of this facility has not begun within one year of issuing the license. He stated the Board needs to decide whether they will elect to renew the license of The Pub, elect not to renew the license, or revoke the license. Mr. Steve Ackerman, owner, was sworn, and stated that no construction has begun . He stated he is trying to get his finances situated so that construction can begin within the next few months. Mr. Ackerman stated he has no plans to lease the building. Some discussion took place among the Board with regard to needs of the neighborhood not being met since this establishment has not opened. In -3- July 17, 1985 response to a question by the Authority, Paul Eckman stated that there would be no legal risk if additional time is given to the applicant to open his establishment. Mr. Ackerman stated he feels he could have some concrete plans within the next 2-3 months. Authority member Spaulding made a motion, seconded by Authority member Acott, to approve the renewal of the license for 1 year and schedule a special review of the license in six months. Yeas: Acott, Bullard, Sommermeyer, Spaulding and Veazie. Nays: None. Special Events Permit - 3.2% Sigma Nu Fraternity - September 1, 1985 Mr. Andy Krueger, events manager, stated the event is a fund raising event for the Fort Collins Boys Association and for improvements to the fraternity house. He stated the event will be held prior to the first day of school at the fraternity house. Mr. Krueger stated a snow fence will encircle the premises. He also noted that two off duty police officers will be in attendance. Authority member Acott made a motion, to approve the special events permit 1, 1985, from 7 p.m. to 12 midnight. Spaulding, and Veazie. Nays: None. seconded by Authority member Veazie, for Sigma Nu Fraternity on September Yeas: Acott, Bullard, Sommermeyer, Change of Corporate Structure Out of Bounds, 200 West Mountain Avenue Mr. Michael Norton, owner, was sworn and stated he has bought 100% of the stock of Out of Bounds, Inc. from Wally Noel. He stated there will be no changes in operation. In response to a question from the Authority, Mr. Norton stated he is familiar with the liquor laws. Mr. Norton stated he has made arrangements for his employees to attend the seminars conducted by Officer Ernie Tellez. Authority member Veazie made a motion, seconded by Authority member Acott, to approve the change in corporate structure for Out of Bounds, 200 West Mountain Avenue. Yeas: Acott, Bullard, Sommermeyer, Spaulding and Veazie. Nays: None. Expansion of Premises Campus West Liquors 1107 City Park Avenue Mr. John Musa, owner, stated he intends to relocate the walk-in coolers and display shelves. He added that there will be no change in the licensed square footage. Mr. Musa stated he feels this change will provide better customer access within the store. -4- • • July 17, 1985 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, Sommermeyer, Spaulding, and Veazie. Nays: None. Transfer of Ownership South College Liquors 2724 South College Avenue It was noted that this item has been withdrawn by the applicant at this time but may be scheduled again before the Authority in approximately 60 days. Transfer of Ownership The Prime Minister's Pub and Grille, 3905 South College Avenue Mr. Michael Bynum, attorney representing the applicant, stated that Mr. Frank Day, previous owner of Prime Minister, will be transferring the license back into his name. In response to a question by the owner, Mr. Frank Day stated that there is still a partnership known as Prime Minister, Limited but he added that it is inactive. Authority member Spaulding made a motion, seconded by Authority member Acott, to approve the transfer of ownership for The Prime Minister's Pub and Grille, 3905 South College Avenue. Yeas: Acott, Bullard, Sommermeyer, Spaulding, and Veazie. Nays: None. New Application for a 3.2% Fermented Malt Beverage License (Class B) Longs Drug Stores 743 South Lemav Avenue The boundaries as proposed by the Administration were as follows: North from the subject premises to Mountain Avenue West from the subject premises to College Avenue South from the subject premises to Prospect Street East from the subject premises to City Limits Mr. David Sabey, representative from Longs Drug Stores, stated the boundaries are acceptable. Authority member Veazie made a motion, seconded by Authority member Spaulding, to accept the new application, set the boundaries as proposed and set the final hearing for August 14, 1985. Yeas: Acott, Bullard, Sommermeyer, Spaulding, and Veazie. Nays: None. -5- July 17, 1985 New Application for a 3.2% Fermented Malt Beverage License (Class C) E1 Burrito Dos, 524 West Laurel The boundaries proposed by the Administration were as follows: North from the subject premises to Mountain Avenue West from the subject premises to Shields Street South from the subject premises to Prospect Road East from the subject premises to Whedbee Street Mr. Marty Ortiz, owner, stated the boundaries are acceptable. Authority member Veazie made a motion, seconded by Authority member Acott, to accept the new application, set the boundaries as proposed and set the final hearing for August 14, 1985. Yeas: Acott, Bullard, Sommermeyer, Spaulding, and Veazie. Nays: None. New Application for a 3.2% Fermented Malt Beverage License (Class B) Gasamat 221 West Prospect Road The boundaries as proposed by the Administration were as follows: North from the subject premises to Laurel Street West from the subject premises to Shields Street South from the subject premises to West Drake extended North to College Avenue extended East to Columbia Road East from the subject premises to Stover Street Mr. Paul Murphy, operations manager, stated the boundaries are acceptable. Authority member Veazie made a motion,, seconded by Authority member Acott, to accept the new application, set the boundaries as proposed and set the final hearing for August 14, 1985. Yeas: Acott, Bullard, Sommermeyer, Spaulding, and Veazie. Nays: None. Final Hearing and Final Resolution for a Beer and Wine License for Culpepper's Barbeque, 755 Lemay Avenue Officer Frank Russell explained that it was discovered that the establishment is located within 500 feet of Laurel Elementary School. He stated the exact measurement between the school property and the restaurant is 497 feet. Frank stated that the applicants are requesting to table the matter until August 14, 1985, in order to try and come up with an alternative plan. MM 9 • July 17, 1985 Authority member Acott made a motion, seconded by Authority member Veazie, to table the final hearing until August 14, 1985. Yeas: Acott, Bullard, Sommermeyer Spaulding and Veazie. Nays: None. Police Report Officer Frank Russell stated that the Moote House closed on June 7, 1985, and has a sign posted stating "Reopen soon under New Management". He stated staff has tried on several occasions to contact someone to inquire of the status of the license but has had no luck. Finally, a letter was sent certified mail and received by the president of the corporation. To date, Officer Russell stated the City has still received no reply to the letter. On the basis that the owners have failed to notify the City within the 30-day requirement, Officer Russell requested a show/cause hearing on the Moote House, 2626 South College Avenue. Authority member Acott made a motion, seconded by Authority member Veazie, to determine that there is probable cause and scheduled a show/cause hearing for August 14, 1985. Yeas: Acott, Bullard, Sommermeyer, Spaulding, and Veazie. Nays: None. Officer Frank Russell mentioned the letter submitted by The People's Bar with regard to their live entertainment involving cross -dressing. Officer Russell stated that there is no violation of the Liquor Code at this time. Adjournment Authority member Veazie made a motion, seconded by Authority member Acott, to adjourn. The Vice -Chairman put the motion which was unanimously adopted. The meeting was adjourned at approximatAly.9:20 p.m. Secretary -7-