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HomeMy WebLinkAboutLiquor Licensing Authority - Minutes - 04/24/1985• 0 LIQUOR LICENSING AUTHORITY Regular Meeting - April 24, 1985 7:30 p.m. A regular meeting of the Liquor Licensing Authority was held on Wednesday, April 24, 1985 in the Council Chambers of the City of Fort Collins Municipal Building. Roll call was answered by the following members: Acott, Long, Sommermeyer, Veazie, and Wilson. (Secretary's Note: Authority member Wilson arrived at 7:35 p.m.) Authority Members Absent: Monaghan and Sheahan. Staff Members Present: Debbie Caster, City Clerk's Office Paul Eckman, Assistant City Attorney Frank Russell, Police Department Minutes of the Regular Meeting of March 27, 1985, Approved as Published Authority member Acott made a motion, seconded by Authority member Sommermeyer, to approve the minutes of the regular meeting of March 27, 1985, as published. Yeas: Acott, Sommermeyer, and Veazie. Nays: None. Abstain: Long. Show/Cause Hearing for The Greek Connection (Bake's Alley Lounge), 249 South College Avenue Assistant City Attorney Paul Eckman briefed the Authority of the facts on the alleged violation, noting that on March 16, 1985 at approximately 5:24 p.m., an employee of the establishment sold an alcoholic beverage to an intoxicated person and permitted that person to remain on the premises. The previous record of the bar was noted into the record. Mr. Eckman noted that the Police Department is recommending a one -day suspension. Mr. Charles Bloom, attorney representing the applicant, stipulated to the violation. Authority member Veazie made a motion, seconded by Authority member A_oLL, to determine that a violation did occur at the Greek Connection (Bake's Alley Lounge), 249 South College Avenue. Yeas: Acott, Long, Sommermeyer and Veazie. Nays: None. Mr. Bloom was sworn and spoke in mitigation. He explained that he conducted his own investigation to obtain facts involving the violation and then gave the Authority the results of his investigation. Mr. Bloom stated he has interviewed each bartender to go over the Colorado Liquor laws. In addition, he stated he is in the process of scheduling Liquor Licensing training seminars for the employees of the establishment. Mr. Bloom suggested that the Authority hold the violation in abeyance until all April 24, 1985 bartenders have had a chance to attend a training seminar and report back to the Authority. He said that the Authority could still consider issuing a penalty at a later date after the training had been completed. Assistant City Attorney Paul Eckman stated the violation in question is that an intoxicated person was allowed to remain on the premises. The Authority members discussed the fact that the bartender did not detect the fact that an intoxicated person was on the premises. Authority member Sommermeyer made a motion to hold the violation in abeyance for 90 days in order to give the owner the opportunity to report on any progress, yet have the understanding that the charge remains in effect and that a penalty can still be imposed. The motion died due to lack of a second. Authority member Wilson made a motion, seconded by Authority member Veazie, to issue a letter of reprimand. Yeas: Long, Sommermeyer, Veazie and Wilson. Nays: Acott. Show/Cause Hearing for B-Cubed, 3524 South Mason It was noted that this hearing has been scheduled to May 22, 1985, at the request of the applicant. Renewal Application for a Retail Liquor Store License for North College Discount Liquors, 814 North Colleqe Avenue Authority member Wilson made a motion, seconded by Authority member Veazie, to approve the renewal for North College Discount Liquors, 814 North College Avenue. Yeas: Acott, Long, Sommermeyer, Veazie and Wilson. Nays: None. Renewal Application for a 3.2% Fermented Malt Beverage License for Town Pump, 124 North College Avenue Authority member Veazie made a motion, seconded by Authority member Long, to approve the renewal for Town Pump, 124 North College Avenue. Yeas: Acott, Long, Sommermeyer, Veazie and Wilson. Nays: None. Change of Corporate Structure Brown's Country Inn, 2721 South College Avenue Mr. Chris Brown, owner, explained that he is selling 10% of the stock to a relative. He noted that there are no other changes in ownership or the operation of the restaurant. Authority member Veazie made a motion, seconded by Authority member Wilson, to approve the change 'of corporate structure. Yeas: Acott, Long, Sommermeyer, Veazie and Wilson. Nays: None. el April 24, 1985 Registration of Manager §ports Page 181 North College Avenue Mr. James Corr, general manager, was sworn and spoke briefly of his background. He stated his wife, Melissa, currently holds the license. Mr. Corr stated he is responsible for training all the employees. He noted that he requires each new employee to read the Liquor Code. The Authority asked Mr. Corr to explain his policy with respect to disturbances. The Authority asked how many hours Mr. Corr was present at the establishment. Authority member Acott suggested that Mr. Corr take a class put on by Officer Ernie Tellez. Authority member Veazie made a motion, seconded by Authority member Acott, to approve the registration of manager for James Corr at the Sports Page, 181 North College Avenue. Yeas: Acott, Long Sommermeyer and Veazie. Nays: Wilson. Expansion of Premises County Cork, 2439 South College Avenue Mr. Kevin Mass, co-owner and manager, stated the County Cork is outgrowing its existing premises. He stated that their food business both at lunch and dinner time has grown tremendously. Mr. Mass provided the boardmembers with a copy of the menu. He went on to explain the proposed expansion. Mr. Mass stated the current seating capacity is 200. He stated that 10 seats will be added indoors and an additional 32 seats on the outdoor patio. Mr. Mass stated there will be a 3-1/2 foot brick fence surrounding the patio with an 18-inch wrought iron fence on top of the brick. He stated the expansion also includes a new bathroom arrangement. In response to a question by the Authority, Officer Russell stated he feels the security of the outdoor patio would be acceptable. Authority member Veazie made a motion, seconded by Authority member Acott, to determine that the expansion is not substantial and that the patio should be licensed. Yeas: Acott, Long, Sommermeyer, Veazie and Wilson. Nays: None. Special Events Permit - 3.2% The Scottish Society of Northern Colorado - June 1 1985 Mr. Charles Unfug, Vice President of the Scottish Society, stated this is the 4th annual gathering and the second year in which the group has requested a beer permit. He stated the event will take place at the old CSU athletic field, which is surrounded by a chain link fence. Mr. Unfug explained that someone will be at the gate to admit people and card for ID's. He noted that food will be available in addition to beer. In response to a question, Mr. Unfug stated there were no problems at last year's event and went on to explain that the event is very family -oriented. 3 April 24, 1985 Authority member Wilson made a motion, seconded by Authority member Sommermeyer, to approve the special events permit for the Scottish Society of Northern Colorado on June 1, 1985. Yeas: Acott, Long, Sommermeyer, Veazie and Wilson. Nays: None. Special Events Permit - Liquor Downtown Rotary Club of Fort Collins - May 25 and May 26. 1985 Mr. Bruce Kemp, representative of the Rotary Club, stated this is the 4th fund raising event put on by the club. He stated the money that is raised will be distributed among local charities. He stated the event will be held at the CSU Ballroom where there will be experienced bartenders that have been hired to serve alcoholic beverages. He also stated that people will be stationed at the doors in order to check for ID's. Authority member Sommermeyer made a motion, seconded by Authority member Wilson, to approve the special events permit for the Downtown Rotary Club of Fort Collins on May 25 and May 26, 1985. Yeas: Acott, Long, Sommermeyer, Veazie and Wilson. Nays: None. Special Events Permit - 3.2% Fort Collins Council on the Arts and Humanities -- June 8 and June 9. 1985 Mr. Wil Huett, President of the Board, stated they are applying for a special events permit for the Arts Festival Kickoff weekend. Mr. Huett stated the family oriented event kicks off the summer series of activities. He noted that the event takes place on the grounds of the Lincoln Center. Mr. Huett stated the beer stand will be located on Magnolia Street and will be roped off. Ms. Irene Gordon stated she is in charge of training the people who will be serving the beer. She stated she has arranged for a guard to be stationed at the gate into the roped off area. Ms. Gordon stated there were no problems last year. Authority member Wilson made a motion, seconded by Authority member Acott, to approve the special events permit for the Fort Collins Council on the Arts and Humanities for June 8 and June 9, 1985. Yeas: Acott, Long, Sommermeyer, Veazie and Wilson. Nays: None. Special Events Permit - 3.2% Fort Town - June 1. 1985 Ms. Kathy Phifer, Executive Director of Fort Town, stated this is the 7th annual event. Ms. Phifer stated three off -duty police officers will be at the event. She explained that volunteers will be trained to check ID's at the entrance of the beer garden. She added that the beer garden will be surrounded by 15 foot barricades. Ms. Phifer spoke of the activities that 4 r 0 0 April 24, 1985 will take place and stated food will be available in conjunction to the beer garden. The Authority stressed that no one should be allowed to leave the beer garden with a drink. Because problems have existed in the past, the Authority stated that a permit could be denied for next year if problems arise concerning the beer license. Authority member Acott made a motion, seconded by Authority member Veazie, to approve the special events license for Fort Town on June 1, 1985. Yeas: Acott, Long, Sommermeyer, Veazie and Wilson. Nays: None. New Application for a Retail Liquor Store License for Old Town Wines, No. 23 Old Town Square, Suite 152 Authority member Veazie made a motion, seconded by Authority member Wilson, to accept a new application and set the preliminary hearing for May 22, 1985, and the final hearing for June 19, 1985. Yeas: Acott, Long, Sommermeyer, Veazie, and Wilson. Nays: None. Final Hearing for a 3.2% Fermented Malt Beverage License (Class B) for Albertson's, 731 South Lemay Avenue Mr. Visvaldis Jaunarajs, attorney representing the applicant, called his first witness. Mr. Robert Segal, general manager of Cump Petitions in Denver, Colorado, was sworn and explained how the survey was conducted and stated what instructions each circulator was given. Applicant's Exhibit 1 was submitted and identified as petitions which were circulated on behalf of the application. Applicant's Exhibit 2 was submitted and identified as the results of the survey. Mr. Segal stated 94% of the neighborhood contacted desire to see the beer license granted. Mr. Craig Allen, store director, was sworn and stated he will be the new manager for the Lemay Store. Mr. Allen stated he feels there is a desire in the area for the new store to sell beer. He added that 2% of their total volume is in beer sales. Mr. Allen stated he is familiar with the Cok&ado Beer Code. He stated he is responsible for training the employees on the beer laws. Mr. Allen stated each checker is required to be 18 years or older. He stated each checker is trained to check for a valid ID. Mr. Allen stated the store is scheduled to open sometime in October, 1985. Authority member Sommermeyer, made a motion, seconded by Authority member Acott, to approve the 3.2% fermented malt beverage license for Albertson's, 731 South Lemay Avenue. Yeas: Acott, Long, Sommermeyer, Veazie and Wilson. Nays: None. April 24, 1985 Police Report Officer Russell requested a show/cause hearing for a violation occurring on April 15, 1985, at Upper Crust, 802 South College Avenue. Authority member Sommermeyer made a motion, seconded by Authority member Wilson, to determine that there is probable cause and scheduled a show/cause hearing for May 22, 1985. Yeas: Acott, Long, Sommermeyer, Veazie and Wilson. Nays: None. Other Business Assistant City Attorney Paul Eckman stated he is in the process of redrafting the Massage Parlor ordinance. Adjournment Authority member Sommermeyer made a motion, seconded by Authority member Long, to adjourn. The Chairman put the motion which was unanimously adopted. The meeting was adjourned at approximately 9:45 p.m. Chairman 51