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HomeMy WebLinkAboutLiquor Licensing Authority - Minutes - 05/22/1985i LIQUUR LICENSING AUTHORITY Regular Meeting - May 22, 1985 7:30 p.m. A regular meeting of the Liquor Licensing Authority was held on Wednesday, May 22, 1985, in the Council Chambers of the City of Fort Collins Municipal Building. Roll call was answered by the following members: Long, Monaghan, Sheahan, Sommermeyer, and Veazie. Authority Members Absent: Acott and Wilson. 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 April 24, 1985, Approved as Published Authority member Long made a motion, seconded by Authority member Sommermeyer, to approve the minutes of the regular meeting of April 24, 1985, as published. Yeas: Long, Sommermeyer, and Veazie. Nays: None. Abstain: Monaghan and Sheahan. Show/Cause Hearing for B-Cubed, 3524 South Mason Assistant City Attorney Paul Eckman briefed the Authority of the facts on the alleged violation, noting that on February 11, 1985, at approximately 1:07 a.m., the owner of the establishment failed to make the premises available for inspection without delay. In addition, it was alleged that consumption of liquor during prohibited hours occurred on the establishment. Mr. Eckman gave the previous record of violations occurring at B-Cubed. It was noted that the Police Department is recommending that a one -day suspension be issued if in fact a violation is found. Officer Troy Krenning, was sworn, and stated he is employed as a Fort Collins Police Officer for the City of Fort Collins. Officer Krenning stated that on February 11, at approximately 1:07 a.m., he was on routine patrol and observed several cars in the parking lot of B-Cubed. He explained that he called for backup assistance. While waiting for a fellow officer, Officer Krenning stated he went up to the establishment and looked inside. He stated he observed several people in the back room who appeared to be playing pool. He stated it also appeared that they were eating pizza and drinking beer because there were glasses of beer, a pitcher of beer and pizza boxes on the pool table. Officer Krenning stated that he did not actually see anyone take a drink from a glass. At one point, Officer Krenning stated an individual noticed him looking inside but did not let him in. At that time, he stated he attempted to gain entry but the doors were locked. Officer Krenning explained that he then knocked loudly on the -1- May 22, 1985 doors and yelled "Police Officer, open the door." At this time, Officer Krenning stated he called Dispatch and instructed them to call B-Cubed to inform them that a Police Officer was outside their establishment waiting to be admitted inside. During the next few minutes, Officer Krenning testified that he observed the individuals inside hurrying to put things away and trying to conceal the pitcher of beer while cleaning things up. Approximately 3-5 minutes after the dispatcher made contact with the establishment, Officer Krenning stated he was allowed to enter the establishment. He stated he observed the pitcher of beer upside down in the sink with some glasses. Officer Krenning stated the place was cleaned up from the time he was looking in through the front window. Officer Krenning stated that no one appeared to be intoxicated. During cross-examination, attorney Raymond Hale pointed out several contradicting statements between Officer Krenning's police report and his testimony. Mr. Hale submitted Respondent's Exhibit 1, which was identified as a copy of the ticket issued by Officer Krenning. Respondent's Exhibit 2 was also submitted and identified as a copy of the police report. Assistant City Attorney Paul Eckman stated he did not feel Respondent's Exhibit 1 was pertinent to the matter at hand. During cross-examination, Officer Krenning testified that he did not observe Mr.Archer, owner of the business, serve anyone a drink. Also, he stated he did not observe any sale of liquor take place. Officer Krenning testified, in addition, that he did not observe any individual pour beer out of any glasses or pitchers. Assistant City Attorney Paul Eckman pointed out that Officer Krenning is simply testifying from personal memory, without giving a lot of detail to his police report. Mr. John Archer, co-owner, was sworn and stated he did not sell, serve or distribute any beer after hours. Mr. Archer testified that he did not deny immediate access to Officer Krenning and pointed out that once the dispatcher called, he immediately opened the door for the officer. He stated that he did not observe Officer Krenning out front until he went to let him inside. Mr. Archer explained that he and some of his employees were there after hours to do the semi-annual carpet cleaning. He explained that there were two steamex machines and one buffer machine running. In addition, he stated the stereo was playing and explained that it would have been difficult to hear Officer Krenning yelling at them to open the door. During cross-examination, Mr. Archer explained that he would not have opened the door for just anyone since it was after hours. He stated that once he knew it was a police officer he immediately opened the door. Mr. Archer stated that there were no glasses or pitchers of beer out that evening. He explained that the pitcher in the sink was put there before the closing hour. Assistant City Attorney Paul Eckman and attorney Ray Hale gave their closing statements. In response to a question by Authority member Monaghan, Paul stated that business hours close at the time the business is -2- May 22, 1985 no longer open for business. It was noted that the regulation states that the premises have to be available for inspection during business hours. Authority member Long stated he is concerned with the fact that no employee notified the owner of the Police Officer's presence. Authority member Monaghan pointed out that the officer testified that he did not observe anyone consume or sell any beer. In addition, he stated he feels the Officer was not denied entry to the premises. Authority Monaghan stated the regulation reads that entry must be granted immediately during all business hours. Authority member Monaghan made a motion, seconded by Authority member Sommermeyer, that no violation occurred at B-Cubed on February 11, 1985. Yeas: Monaghan, Sheahan, and Sommermeyer. Nays: Long and Veazie. Authority member Sommermeyer stated he feels the intent of the law is to allow immediate entry into the business at any time but stated that because the regulation reads "during business hours" the case should be dismissed. Authority member Veazie stated he feels the intent of the law allows you to read into the regulation whereby when there is suspicion involved, the Ufficer has the right to gain entry. Show/Cause Hearing for Upper Crust, 8U2 South College Avenue Authority member Veazie, made a motion, seconded by Authority member Long, to table the show/cause hearing for Upper Crust, 802 South College Avenue, to June 19, 1985. Yeas: Long, Monaghan, Sheahan, Sommermeyer, and Veazie. Nays: None. Renewal Application for a Tavern License for Sportsman Bar, 210 Walnut Authority member Veazie made a motion, seconded by Authority member Sheahan, to approve the renewal for Sportsman Bar, 210 Walnut. Yeas: Long, Monaghan, Sheahan, Sommermeyer, and Veazie. Nays: None. Change in Trade Name Sportsman Bar, 210 Walnut Mr. Clifford Holtcamp, owner, stated he is trying to change his clientele due to all the changes occurring in the Old Town area. Mr. Holtcamp requested to change the trade name to Boss Hogg's. It was noted that there willbe no other changes. -3- May 22, 1985 Authority member Monaghan made a motion, seconded by Authority member Veazie, to approve the change in trade name. Yeas: Long, Monaghan, Sheahan, Sommermeyer, and Veazie. Nays: None. Change in Trade Name Sagebrush Bar, 210 Walnut Mr. John Carlsen, co-owner, stated he desires to change the trade name to People's Bar. He stated there will be no other changes. Authority member Monaghan made a motion, seconded by Authority member Sommermeyer, to approve the change in trade name. Yeas: Long, Monaghan, Sheahan, Sommermeyer, and Veazie. Nays: None. New Application for a Beer and Wine License for Culpepper's Barbeque, 755 Lemay Avenue Authority member Monaghan made a motion, seconded by Authority member Veazie, to accept a new application and set the preliminary hearing for June 19, 1985, and the final hearing for July 17, 1985. Yeas: Long, Monaghan, Sheahan, Sommermeyer, and Veazie. Nays: None. Preliminary Hearing and Resolution for Uld Town Wines, No. 23 Old Town Square, Suite 152 The boundaries as proposed by the Administration were as follows: North from the subject premises to Hickory Street and Conifer Street. West from the subject premises to Shields Street. South from the subject premises to Pitkin Street. East from the subject premises to Lemay Avenue. Mr. Ted Smith, owner, stated the boundaries are acceptable. Authority member Monaghan made a motion, seconded by Authority member Sheahan, to accept the boundaries as proposed for Uld Town Wines, No. 23 Uld Town Square, Suite 152. Yeas: Long, Monaghan, Sheahan, Sommermeyer, and Veazie. Nays: None. Authority member Monaghan made a motion, seconded by Authority member Sheahan, to adopt the preliminary resolution as presented. Yeas: Long, Monaghan, Sheahan, Sommermeyer and Veazie. Nays: None. -4- nw May 22, 1985 Change of Corporate Structure Upper Crust, 802 South College Avenue and Upper Crust, 2601 South Lemay Avenue Mr. Bill Gibson, corporate officer of Upper Crust, Inc., explained that they have had a change of corporate officers and major stockholders. Mr. Gibson stated that there will be no changes in operations of the two restaurants. Authority member Monaghan made a motion, seconded by Authority member Veazie, to approve the change of corporate structure for Upper Crust, Inc. Yeas: Long, Monaghan, Sheahan, Sommermeyer, and Veazie. Nays: None. Transfer of Ownership Upper Crust, 2635 South College Avenue Mr. Bill Gibson, corporate officer, stated Upper Crust Restaurants, Inc., purchased Big Cheese Pizza on January 1, 1985. He stated there are no principle changes in the operation of the restaurant or the beer license. Authority member Sommermeyer made a motion, seconded by Authority member Monaghan, to approve the transfer of ownership for Upper Crust, 2635 South College Avenue. Yeas: Long, Monaghan, Sheahan, Sommermeyer, and Veazie. Nays: None. Transfer of Ownership Chi Chi's, 3500 South College Avenue This item was withdrawn by the applicant. It was noted that the existing owners, Kelly Johnston Enterprises of Fort Collins, Inc., will remain the owners. Transfer of Ownership Moonyeen's, 400 East Olive Ms. Moonyeen Wright Cook, owner, stated she purchased the Goode Taste Crepe Shoppe. Ms. Cook stated she plans to run a small restaurant open for breakfast, lunch, and dinner. She stated there will be a service bar, which has been moved to a different location. Ms. Cook stated she will be the manager. In response to a question, Ms. Cook stated she is familiar with the Colorado Liquor Code. In addition, Ms. Cook added that she and her employees will be attending the local licensing seminars. Authority member Veazie made a motion, seconded by Authority member Sheahan, to approve the transfer of ownership for Moonyeen's, 4UO East Olive. Yeas: Long, Monaghan, Sheahan, Sommermeyer, and Veazie. Nays: None. -5- May 22, 1985 Registration of Manager Blue Bayou, 1U45 East Garfield Ms. Jodi Smith, general manager, stated she is familiar with the Colorado Liquor Code. She also stated she is responsible for training employees on the liquor laws. Authority member Monaghan made a motion, seconded by Authority member Sommermeyer, to approve the registration of manager for Jodi Smith at The Blue Bayou, 1U45 East Garfield. Yeas: Long, Monaghan, Sheahan, Sommermeyer, and Veazie. Nays: None. Registration of Manager Bisetti's, 120 South College Avenue Ms. Anita Bisetti, general manager, stated she and her husband are currently in the process of getting a divorce and that she is applying for the manager position. In response to a question by the Authority, Ms. Bisetti stated she is familiar with the Colorado Liquor laws. Authority member Monaghan made a motion, seconded by Authority member Sommermeyer, to approve the registration of manager for Anita Bisetti at Bisetti's, 120 South College Avenue. Yeas: Long, Monaghan, Sheahan, Sommermeyer, and Veazie. Nays: None. Registration of Manager Out of Bounds, 200 West Mountain Avenue Mr. Edward (Rick) Jelley, general manager, stated he has worked for the restaurant for 3 years and became manager in July of 1984. Mr. Jelley stated he was not aware of the requirements in registering to be the manager and apologized for the delay in processing the paperwork. Authority member Monaghan made a motion, seconded by Authority member Sommermeyer, to approve the registration of manager for Edward (Rick) Jelley at the Out of Bounds, 20U West Mountain Avenue. Yeas: Long, Monaghan, Sheahan, Sommermeyer, and Veazie. Nays: None. Expansion of Premises Friends Saloon. 142 Linden Mr. Bob Lamana, co-owner, stated he is proposing to expand the dining area and add a patio area. He stated his current seating capacity is 30, which includes the bar. He noted that the expansion will not change the seating capacity because he is transferring seating from the bar area into the dining area. Mr. Lamana explained that the patio has a concrete wall approximately 4 feet in height. He also noted that the only way to leave the patio is through the front entrance. Mr. Lamana stated when the patio I 0 0 May 22, 1985 is opened, waitresses will be stationed on the patio and instructed to card IU's and supervise the area. Authority member Sommermeyer made a motion, seconded by Authority member Monaghan, to determine that the expansion is not substantial and that the patio be approved. Yeas: Long, Monaghan, Sheahan, Sommermeyer, and Veazie. Nays: None. Expansion of Premises Chow's Garden, No. 23 Old Town Square, Suite 100 Mr. George Chow, owner, stated he is applying for a small expansion in order to give him 22 additional seats for a total seating capacity of 90. He explained that the additional seating area will replace the storage area. Authority member Monaghan made a motion, seconded by Authority member Veazie, to determine that the expansion is not substantial and that the expansion be approved. Yeas: Long, Monaghan, Sheahan, Sommermeyer, and Veazie. Nays: None. Final Resolution for Albertson's, 731 South Lemay Avenue Authority member Monaghan made a motion, seconded by Authority member Veazie, to approve the Final Resolution as presented. Yeas: Long, Monaghan, Sheahan, Sommermeyer, and Veazie. Nays: None. Police Report Officer Frank Russell stated the Police Department conducted a routine spot compliance check on Friday, April 26, 1985. He stated 15 businesses were checked and 6 violations were found. He requested show/cause hearings for the following: Bisetti's, 120 South College Avenue Blue Bayou, 1045 Garfield Cables End, 165 East Boardwalk Clover's, 518 West Laurel Godfather's Pizza, 116 East Foothills Parkway Horsetooth Lanes Tack Room, 217 West Horsetooth Road It was noted that the following establishments passed the compliance check: B-Cubed, 3524 South Mason Brown's Country Inn, 2721 South College Avenue Catacomb's, 115 South College Avenue Chesterfields, Bottomsley, and Potts, 1415 West Elizabeth Denny's, 2413 South College Avenue -7- May 22, 1985 Duds 'n Suds, 1427 West Elizabeth Durkee's Mart, 1005 West Stuart Gadsby's, 115 East Harmony Road Godfather's Pizza, 829 South Shields Authority member Veazie made a motion, seconded by Authority member Long, to determine probable cause and scheduled show/cause hearings for Bisetti's, Blue Bayou, Cables End, Clover's, Godfather's Pizza, and Horsetooth Lanes Tack Room on June 19, 1985. Yeas: Long, Monaghan, Sheahan, Sommermeyer, and Veazie. Nays: None. Officer Russell requested a show/cause hearing for a violation occurring on May 16, 1985, at Town Pump, 124 North College Avenue. Authority member Veazie made a motion, seconded by Authority member Sheahan, to determine probable cause and scheduled a show/cause hearing for July 17, 1985. Yeas: Long, Monaghan, Sheahan, Sommermeyer, and Veazie. Nays: None. Other Business The Authority discussed starting the June meeting at an earlier time due to the anticipated length of the agenda. —Authority member Veazie made a motion, seconded by Authority member Monaghan, to start the June meeting at 7:00 p.m. Yeas: Long, Monaghan, Sheahan, Sommermeyer, and Veazie. Nays: None. Adjournment Authority member Sommermeyer made a motion, seconded by Authority member Monaghan, to adjourn. The Chairman put the motion which was unanimously adopted. The meeting was adjourned at approximately 9:35 p.m. secretary