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HomeMy WebLinkAboutLiquor Licensing Authority - Minutes - 07/19/1985LIQUOR LICENSING AUTHORITY Regular Meeting - June 19, 1985 7:00 p.m. A regular meeting of the Liquor Licensing Authority was held on Wednesday, June 19, 1985, in the Council Chambers of the City of Fort Collins Municipal Building. The following members were present: Acott, Long, Monaghan, Sheahan, and Wilson. (Secretary's Note: Authority member Monaghan arrived at approximately 7:45 p.m.) Authority Members Absent: Sommermeyer 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 May 22, 1985, Approved as Published Authority member Sheahan made a motion, seconded by Authority member Long, to approve the minutes of the regular meeting of May 22, 1985, as published. Yeas: Long and Sheahan. Nays: None. Abstain: Acott and Wilson. Donna Deschenes, Guest Speaker Alcohol Awareness Coordinator for Nor -Colo Distributing Co. Ms. Donna Deschenes, alcohol awareness coordinator for Nor -Colo Distributing Co., spoke to the Authority about the educational programs available to the community. She stated there is a program called TIPS available for on -premise accounts primarily for bartenders and waitresses, in identifying intoxicated customers. She also explained the "I'm Driving" program and the "Know When to Say No" program. Show/Cause Hearing for UPper Crust 802 South Colle a Avenue Assistant City Attorney Paul Eckman briefed the Authority of the facts on the alleged violation, noting that on April 15, 1985, at approximately 2:10 a.m., Officer Swihart and Officer Tellez found two employees consuming beer on the premises. The previous record of violations was noted. Mr. Eckman stated the Police Department is recommending a one -day suspension of the license. Mr. Bill Gibson, corporate officer, stated they stipulate to the violation. June 19, 1985 Authority member Acott made a motion, seconded by Authority member Wilson, to determine that a violation did occur at Upper Crust, 802 South College Avenue. Yeas: Acott, Long, Sheahan, and Wilson. Nays: None. Mr. Gibson stated that the two employees were terminated. He explained that the employees were on duty and cleaning the establishment after hours but that drinking beer is against company policy. Authority member Wilson 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 for the premises located at 802 South College Avenue. Yeas: Acott, Long, Sheahan and Wilson. Nays: None. Show/Cause Hearing for Bisetti's, 120 South College Avenue Assistant City Attorney Paul Eckman briefed the Authority on the violation noting that on April 26, 1985, at approximately 8:04 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. Ms. Anita Bisetti, owner, was sworn, and stated she will stipulate to the violation. Authority member Sheahan made a motion, seconded by Authority member Acott, to determine that a violation did occur on April 26, 1985, at Bisetti's, 120 South College Avenue. Yeas: Acott, Long, Sheahan, and Wilson. Nays: None. Ms. Bisetti stated the violation occurred approximately 3 weeks after she transferred the manager name into her name. She stated she has contacted Officer Ernie Tellez and scheduled a seminar for her employees. Ms. Bisetti stated she and her son, who helps her manage the restaurant, are studying the Liquor Code. In response to a question by the Authority, she stated she and her son are responsible for training employees on the liquor laws. Authority member Acott made a motion, seconded by Authority member Sheahan, 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, Long, Sheahan. Nays: Wilson. Show/Cause Hearing for Blue Bayou, 1045 East Garfield Assistant City Attorney Paul Eckman briefed the Authority on the violation noting that on April 26, 1985, at approximately 10:00 p.m., an employee of -2- • June 19, 1985 the establishment sold an alcoholic age of 21 years. He stated there violations. ,It was noted that the one -day suspension. beverage to a Police Scout under the have been no previous liquor code Police Department is recommending a Mr. William Clark, owner, was sworn and stated he will stipulate to the violation. Authority member Acott made a motion, seconded by Authority member Sheahan, to determine that a violation did occur on April 26, 1985, at Blue Bayou, 1045 East Garfield. Yeas: Acott, Long, Sheahan, and Wilson. Nays: None. Mr. Clark stated he had a fill-in waitress filling in for the first time due to the regular waitress being ill. He -stated she is an experienced waitress and he stated that he instructed her that evening to check for ID's. Authority member Sheahan 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, Long, Sheahan, and Wilson. Nays: None. Show/Cause Hearing for Cables End, 165 East Boardwalk At the request of the applicant, Authority member Wilson made a motion, seconded by Authority member Acott, to table the show/cause until July 17, 1985. Yeas: Acott, Long, Sheahan, and Wilson. Nays: None. Show/Cause Hearing for Clover's, 518 West Laurel Assistant City Attorney Paul Eckman briefed the Authority on the violation noting that on April 26, 1985, at approximately 8:28 p.m., an employee of the establishment sold beer to a Police Scout under the age of 18 years. He stated there are no previous beer code violations. It was noted that the Police Department is recommending a one -day suspension. Mr. Tom Metcalf, attorney representing the applicant, stated they are stipulating to the violation. Authority member Acott made a motion, seconded by Authority member Sheahan, to determine that a violation did occur on April 26, 1985, at Clover's, 518 West Laurel . Yeas: Acott, Long, Sheahan, and Wilson. Nays: None. Mr. John Dunn, manager, was sworn and spoke of steps taken to avoid violations in the future. Mr. Dunn spoke briefly of his previous experience. -3- June 19, 1985 Officer Ernie Tellez stated that after the violation occurred, the manager contacted him to schedule a seminar for his employees. Due to scheduling conflicts, Officer Tellez stated he has not yet had time to schedule the seminar. Authority member Sheahan made a motion, seconded by Authority member Wilson, 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, Long, Sheahan, and Wilson. Nays: None. Show/Cause Hearing for Godfather's Pizza, 116 E. Foothills Parkway Assistant City Attorney Paul Eckman briefed the Authority on the alleged violation, noting that on April 26, 1985, at approximately 9:15 p.m., an employee of the establishment sold beer to a Police Scout under the age of 18 years. He stated there have been no previous beer code violations. It was noted that the Police Department is recommending a one -day suspension. Mr. Alan Martin, district manager, was sworn and stipulated to the violation. Authority member Acott made a motion, seconded by Authority member Sheahan, to determine that a violation did occur on April 26, 1985, at Godfather's Pizza, 116 East Foothills Parkway. Yeas: Acott, Long, Sheahan, and Wilson. Nays: None. Mr. Martin told the Authority what actions they are taking to prevent violations in the future. He stated there is on -going training weekly. Mr. Martin also pointed out that there have been no previous beer violations. Authority member Acott made a motion, seconded by Authority member Sheahan, 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, Long, Sheahan, and Wilson. Nays: None. Show/Cause Hearing for Horsetooth Lanes and Tack Room, 217 W. Horsetooth Road Assistant City Attorney Paul Eckman briefed the Authority on the violation noting that on April 26, 1985, at approximately 9:30 p.m., an employee of the establishment sold an alcoholic beverage to a Police Scout under the age of 21 years. He stated that there have been no previous liquor violations. It was noted that the Police Department is recommending a one -day suspension. (Secretary's Note: Authority member Monaghan arrived at this time.) -4- • June 19, 1985 Mr. Crawford Morgan, bar manager, was sworn, and stipulated to the violation. Authority member Sheahan made a motion, seconded by Authority member Monaghan, to determine that a violation did occur on April 26, 1985, at Horsetooth Lanes and Tack Room, 217 West Horsetooth Road. Yeas: Acott, Long, Sheahan, and Wilson. Nays: None. Mr. Morgan stated they have had no previous liquor violations. He spoke of their training policies and noted that each employee signs an agreement which states any employee is terminated if they violate the liquor code. Respondent's Exhibit 1 was submitted and identified as the training policies of the establishment. Mr. Morgan stated all employees are encouraged to attend any State or Local training seminars. He listed all of the training seminars he and.his staff have attended in the past five years. Mr. Morgan stated all employees are required to check for ID's. It was noted that disturbances and attempts made by minors to purchase alcoholic beverages are reported to the Fort Collins Police Department. Mr. Morgan had a list available of all calls made to the Fort Collins Police Department with police reports as backup. Authority members Wilson and Monaghan commended Mr. Morgan on his thorough training policies and excellent record. Mr. Morgan pointed out that they have passed one police spot compliance check in the past for not serving to minors. He spoke of his plan of reviewing the laws with his employees on a regular 3-month basis. Authority member Monaghan made a motion, seconded by Authority member Wilson, to issue a letter of reprimand to the owner of Horsetooth Lanes and Tack Room, 217 West Horsetooth Road. Yeas: Acott, Monaghan, and Wilson. Nays: Long and Sheahan. Special Events Permit - Liquor Colorado Vocational Association - August 8 1985 Mr. Lloyd Lawson, executive director, stated they are requesting the permit for a banquet dinner and dance to be held over at the CSU ballroom on August 8, 1985. He stated the event is an annual activity attended by schools and institutions all over the state. Mr. Lawson explained that no one is admitted unless they have a ticket. He added that ID's will be checked, although he anticipated that everyone would be of age. Authority member Wilson made a motion, seconded by Authority member Acott, to approve the special events permit for the Colorado Vocational Association on August 8, 1985. Yeas: Acott, Long, Monaghan, Sheahan, and Wilson. Nays: None. -5- June 19, 1985 Special Events Permit - 3.2% Holy Family Church - July 12 and 13, 1985 Ms. Maria Fuerte, events manager, stated this event is a yearly event consisting of entertainment, food and beer. She stated ID's will be checked and security guards will be on the premises. Ms. Fuerte stated the beer will be restricted to a certain area only. Authority member Monaghan made a motion, seconded by Authority member Sheahan, to approve the special events permit for Holy Family Church on July 12 and 13, 1985. Yeas: Acott, Long, Monaghan, Sheahan, and Wilson. Nays: None. Registration of Manager Banana's, 3500 South College Avenue Mr. James Witt, general manager, spoke briefly of his background. Mr. Witt spoke of the various steps the restaurant has taken to reduce drunk driving. He also spoke of their policy manual on liquor laws and stated it is policy to check ID's on everyone looking under 45 years of age. Authority member Monaghan made a motion, seconded by Authority member Acott, to approve the registration of manager for James Witt at Banana's, 3500 South College Avenue. Yeas: Acott, Long, Monaghan, Sheahan, and Wilson. Nays: None. Registration of Manager Great American Rib Co., 4010 South College Avenue Ms. June Moses, general manager, spoke briefly of his background. She stated she is responsible for training the employees on the liquor laws. Ms. Moses noted that she is familiar with the liquor laws. Authority member Wilson made a motion, seconded by Authority member Sheahan, to approve the registration of manager for Great American Rib Co., 4010 South College Avenue. Yeas: Acott, Long, Monaghan, Sheahan, and Wilson. Nays: None. Expansion of Premises E1 Burrito, 400-404 Linden Mr. Jesse Godinez, owner, stated he is proposing to expand his premises to include the cafeteria as part of the licensed premises and also for storage purposes. Mr. Godinez stated the current square footage is 5100 and will expand to 6800 square feet. Mr. Godinez stated he is also adding on a patio area which will seat approximately 32 people. He noted that the fence will be 5 to 6 feet in height. He also noted that people will exit the patio through the restaurant. 9 June 19, 1985 Authority member Monaghan made a motion, seconded by Authority member Acott, to determine that the expansion is not substantial and that the expansion be approved. Yeas: Acott, Long, Monaghan, Sheahan, and Wilson. Nays: None. Expansion of Premises Rich's Aggie Discount Liquors, 429 Canyon Avenue Mr. Richard Schott, owner, stated he is doing a cosmetic remodel of the inside of the store. He explained that he is getting new refrigeration equipment and moving a cooler. Mr. Schott stated he feels the changes will make the store look much nicer. Authority member Monaghan made a motion, seconded by Authority member Acott, to determine that the expansion is not substantial and that the expansion be approved. Yeas: Acott, Long, Monaghan, Sheahan, and Wilson. Nays: None. Expansion of Premises S2udworks, 626 South College Avenue Mr. Ken Teumer, owner, stated he has added a patio behind the restaurant. He stated the seating capacity will increase from 57 to 77 seats. He noted that the patio will be seasonal only. Mr. Teumer stated that the patio will be enclosed with a 6 foot cedar fence. Mr. Teumer explained that he was going to request permission to serve liquor out in front of the restaurant on the patio but has withdrawn that request. Authority member Monaghan made a motion, seconded by Authority member Acott, to determine that the expansion is not substantial and that the expansion be approved. Yeas: Acott, Long, Monaghan, Sheahan, and Wilson. Nays: None. Preliminary Hearing and Resolution for Culpepper's Barbeque 755 Lemay Avenue The boundaries as proposed by the Administration were as follows: North from the subject premises to East Vine Drive. West from the subject premises to College Avenue. South from the subject premises to Stuart Street. East from the subject premises to City Limits and Lemay Avenue. Mr. Dennis Custer, co-owner, stated the boundaries are acceptable. Authority member Acott made a motion, seconded by Authority member Wilson, to accept the boundaries as proposed for Culpepper's Barbeque Restaurant, 755 Lemay Avenue. Yeas: Acott, Long, Monaghan, Sheahan, and Wilson. Nays: None. -7- June 19, 1985 Authority member Wilson made a motion, seconded by Authority member Monaghan, to adopt the preliminary resolution as presented. Yeas: Acott, Long, Monaghan, Sheahan, and Wilson. Nays: None. Final Hearing for a Retail Liquor Store License for Old Town Wines, No. 23 Old Town Square, Suite 152 Mr. Ted J. Smith, owner, was sworn and spoke briefly of his background. Mr. Smith explained that he is proposing to open a specialty wine shop in the Old Town Square. He stated he will deal, exclusively with wines and a few of the related items. Mr. Smith stated he will employ one other part-time person and noted that he is familiar with the liquors laws as well. Applicants Exhibit 1 was submitted and identified as petitions containing a total of 534 signatures. Mr. Smith stated that less than 10% of the people contacted refused to sign the petition. The reasons given were do not drink, do not sign petitions, or religious reasons. Mr. James Whalen, owner of Downtown Liquor Mart, spoke in opposition. Mr. Whalen stated that he feels the needs of the neighborhood are currently being met. He also stated that there is excess competition in the retail liquor store business. Mr. Ed Callahan, operations manager of Downtown Liquor Mart, also spoke in opposition, noting that he feels the other stores in the neighborhood meet the needs of the neighborhood. Authority member Monaghan commented that the Authority cannot take economics into consideration. He explained that the Authority is bound to make their decision on the reasonable needs of the neighborhood area and the good moral character of the applicant. Mr. Jay Kim of Ace Liquors stated there are currently two other retail liquor stores in the immediate area of the proposed outlet. Mr. Smith stated his business will be a specialty wine shop. He also stated he feels his clientele and products will be different. Authority member Monaghan made a motion, seconded by Authority member Acott, to approve the Retail Liquor Store license for Old Town Wines, No. 23 Old Town Square, Suite 52. Yeas: Acott, Long, Monaghan, Sheahan, and Wilson. Nays: None. Authority member Wilson made a motion, seconded by Authority member Sheahan, to approve the Final Resolution as presented. Yeas: Acott, Long, Monaghan, Sheahan, and Wilson. Nays: None. 0 0 June 19, 1985 Other Business Election of Officers It was noted that Authority member Long and Wilson's terms expire July 1, 1985, and that a new Chairman needs to be elected to serve through December, 1985. Authority member Acott nominated Charlie Monaghan as Chairman, seconded by Authority member Sheahan. Yeas: Acott, Long, Monaghan, Sheahan, and Wilson. Because Mr. Monaghan was currently the Vice -Chairman, Authority member Sheahan nominated Mayo Sommermeyer as Vice -Chairman, seconded by Authority member Acott. Yeas: Acott, Long, Monaghan, Sheahan, and Wilson. Police Report Officer Frank Russell requested a show/cause hearing for The Pub, 210 Linden, on the basis that the establishment has not been constructed or in operation within a year after the license was issued. Authority member Sheahan made a motion, seconded by Authority member Acott, to determine probable cause and scheduled a show/cause hearing for July 17, 1985. Yeas: Acott, Long, Monaghan, Sheahan, and Wilson. Nays: None. Officer Russell stated that the current owners of Ace Liquors (Mr. and Mrs. Jang ) are no longer operating the business. He stated Mr. Jae Kim is going to transfer the license but has not yet filed the paperwork. In addition, he told the Authority that he would like to schedule a show/cause hearing on Ace Liquors for July 17 if the paperwork has not been filed by July 8. Officer Russell indicated to the board that Mr. Vincent Chung, previous license holder, holds the mortgage on the business. The Authority requested that staff schedule a transfer of ownership hearing and directed Mr. Vincent Chung to be present in addition to the Jang's. Also, the Authority requested that the lease be produced and all parties have financial information available. Authority member Monaghan made a motion, seconded by Authority member Sheahan, to schedule a transfer of ownership hearing for Ace Liquors on August 14, 1985. Yeas: Acott, Long, Monaghan, Sheahan, and Wilson. Nays: None. Adjournment Authority member Wilson made a motion, seconded by Authority member Sheahan, to adjourn. The Chairman put the motion which was unanimously adopted. M June 19, 1985 The meeting was adjourned at approxim �:i re ary -10-