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HomeMy WebLinkAboutLiquor Licensing Authority - Minutes - 02/27/1985LIQUOR LICENSING AUTHORITY Regular Meeting - February 27, 1985 7:30 p.m. A regular meeting of the Liquor Licensing Authority was held on Wednesday, February 27, 1985 in the Council Chambers of the City of Fort Collins Municipal Building. Roll call was answered by the following members: Acott, Long, Monaghan, Sommermeyer, and Veazie. Authority Members Absent: Sheahan and Wilson Staff Members Present: Debbie Caster, City Clerk Paul Eckman, Assistant City Attorney Minutes of the Regular Meeting of January 30, 1985, Approved as Published Authority member Monaghan made a motion, seconded by Authority member Acott to approve the minutes of the regular meeting of January 30, 1985 as published. Yeas: Acott, Long, Monaghan, Sommermeyer, and Veazie. Nays: None. Show/Cause Hearing for Hunan Spring, 2427 South College Avenue Assistant City Attorney Paul Eckman briefed the Authority on the violation noting that on January 12, 1985, at approximately 8:15 p.m. an employee of the restaurant sold 6% beer to two Police Scouts under the age of 21 years. Paul stated there have been no previous violations at this establishment. He noted that the Police Department is recommending a one -day suspension. Ms. Lisa Tu, owner, was sworn and stated she stipulates to the violation. Authority member Veazie made a motion, seconded by Authority member Acott, to determine that a violation did occur at Hunan Spring. Yeas: Acott, Long, Monaghan, Sommermeyer, and Veazie. Nays: None. Ms. Lisa Tu stated the employee was a new part-time waitress. She noted that the employee has never worked at a restaurant where they serve liquor. She noted that the employee is from Taiwan and that there is a lack of communication. Ms. Tu explained her training policies. She added that she is taking more precautions now by carding anyone who looks underage. Ms. Tu stated she does not normally serve just drinks, but serves drinks with the meals they serve. Authority member Long stated he feels the waitress was not properly trained. Liquor Licensing AAhority February 27, 1985 Page 2 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, Long, Monaghan, Sommermeyer, and Veazie. Nays: None. Show/Cause Hearing for ShowBiz Pizza, 105 West Prospect Assistant City Attorney Paul Eckman briefed the Authority on the violation noting that on January 12, 1985, at approximately 10:14 p.m., an employee of the establishment sold beer to a Police Scout under the age of 21 years. He stated there have been no previous liquor code violations. It was noted that the Police Department is recommending a one -day suspension. Mr. Brian McMahill, attorney representing the applicant, stated ShowBiz Pizza stipulates to the violation which occurred on January 12, 1985. Authority member Veazie made a motion, seconded by Authority member Monaghan, to determine a violation did occur on January 12, 1985 at ShowBiz Pizza, 105 West Prospect. Yeas: Acott, Long, Monaghan, and Veazie. Nays: None. Abstain: Sommermeyer. Mr. Lloyd Stone, Assistant Manager of ShowBiz Pizza, was sworn. Mr. Stone stated he is responsible for all policy decisions with respect to the liquor laws. He briefly explained the establishment's procedures and policies. Mr. Stone stated the employee has been reprimanded for his actions and that all employees have been reminded of the rules and policies. He went on to explain the training process for new employees. Mr. McMahill noted that the establishment has had no previous liquor violations and asked the Authority to consider issuing a letter of reprimand. Authority member Monaghan made a motion, seconded by Authority member Veazie, to levy a one -day suspension to be served within the next 30 days at the convenience of the owner and that the premises be posted. Yeas: Acott, Long, Monaghan, and Veazie. Nays: None. Abstain: Sommermeyer. Show/Cause Hearing for Sportsman Bar, 210 Walnut Assistant City Attorney Paul Eckman briefed the noting that on January 2, 1985, at approximately the establishment sold an alcoholic beverage to permitted that person to remain on the premises the bar was noted into the record. He stated recommending a one -day suspension. Authority of the facts, 8:38 p.m., an employee of an intoxicated person and The previous record of the Police Department is Liquor Licensing Alkority • February 27, 1985 Page 3 Officer Dan Barrett, Police Officer for the City of Fort Collins, was sworn and stated he was on duty at 8:38 p.m. on January 2, 1985. He explained that he was called by Officer Preller to assist him in removing an intoxicated person, known as Lois Sark, from the Sportsman Bar. It was noted that Officer Barrett is experienced in detecting intoxicated people. Officer Barrett explained that he returned to the bar, after transporting Ms. Sark to the Detention Center, to gather additional information. He stated a Charles Walker was tending bar and an Aggie Agerton, who is known to be an employee of the bar, was sitting at the bar and drinking what appeared to be bourbon and soda. Officer Barrett went on to testify that Mr. Agerton and other patrons of the bar were intoxicated. He listed the names of the patrons who he stated were intoxicated. In closing, Officer Barrett stated he felt it was very obvious that the bartender was serving intoxicated people and allowing them to remain on the premises. Mr. Cliff Holtcamp cross-examined Officer Barrett. During the. cross-examination, Officer Barrett stated Mr. Agerton did not appear to be ill, but intoxicated. In response to Mr. Holtcamp's concern, Officer Barrett explained that the Police Department is not required to administer tests to prove intoxication. Sgt. Ray Martinez, Police Officer for the City of Fort Collins, was sworn and stated he was on duty January 2, 1985 at approximately 8:38 p.m. He explained that Officer Barrett had requested his assistance at the bar in order to determine whether the establishment should be shut down. Officer Martinez testified that there were several intoxicated people in the Sportsman Bar that evening. It was noted that Officer Martinez is experienced in detecting whether a person is intoxicated. Officer Martinez stated to the Authority that the Police Department has observed several intoxicated people at the Sportsman Bar over a long period of time and that this incident is nothing new. Mr. Cliff Holtcamp, owner, was sworn and testified that Mr. Aggie Agerton is the regular bartender and was on duty the evening of January 2. He went on to say that Mr. Agerton became ill that evening and is now hospitalized. During the evening when Mr. Agerton became ill, Mr. Charles Walker (known as "Butch") filled in as bartender for the remainder of the evening. Mr. Holtcamp stated he feels that tests to prove intoxication should be administered when officers are present at the scene and then have the evidence presented at the show/cause hearings. In response to a question, Mr. Holtcamp stated employees are not suppose to drink on duty. He added that Mr. Walker was employed by him several years ago, but is not currently a paid employee. Mr. Holtcamp stated he has toTd Mr. Walker never to work for him again under any circumstances. Mr. Holtcamp assured the Authority that he is aware of when each employee is scheduled to work but that this was an unusual circumstance. Liquor Licensing Authority February 27, 1985 Page 4 Officer Dan Barrett was recalled to the stand. Officer Barrett stated that when he was called to assist in removing Lois Sark from the bar there were four glasses sitting at the booth where she was sitting. He stated the glasses appeared to have beer in them. He noted, however, that he never saw Lois Sark actually take a drink. Authority member Veazie made a motion, seconded by Authority member Acott, to determine that a violation did occur at the Sportsman Bar, 210 Walnut. Yeas: Acott, Long, Monaghan, Sommermeyer, and Veazie. Nays: None. Mr. Cliff Holtcamp stated he has been operating the business for 7 1/2 years, Recently, he stated he applied for extended hours in order to help pay for some of the bills. Mr. Holtcamp stated he feels his employees know when someone has had too much to drink. In closing, he stated that the police should administer some sort of test to prove whether someone is intoxicated. Authority member Long stated he feels the establishment has had too many violations in the past. He added that he feels the owner is not aware of what's happening at the bar and that there is a lack of supervision. Mr. Long commended Mr. Holtcamp for calling the police when the disturbance occurred. Authority member Veazie stated the police are not required to administer tests in these situations. He added that his employees should always be on the conservative side. Assistant City Attorney Paul Eckman gave his closing remarks. Authority member Acott stated she feels a 10-day suspension is in order. Authority member Long stated he doesn't feel the recommended one -day suspension is sufficient. Authority member Monaghan stated he felt that 10 days would be too harsh. Authority member Monaghan made a motion to levy a three-day suspension of the license within the next 30 business days and that the premises be posted. Authority member Veazie seconded the motion amending it to read a three consecutive day suspension occurring on a Thursday, Friday, and Saturday. Authority member Monaghan accepted the amendment to his motion. Yeas: Long, Monaghan, Sommermeyer, and Veazie. Nays: Acott. Renewal Application for Park Central Discount Liquors, 1606 S. Lemay Avenue Authority member Monaghan abstained from voting on this item. Liquor Licensing A•hority • February 27, 1985 Page 5 Authority member Veazie made a motion, seconded by Authority member Sommermeyer, to approve the renewal for Park Central Discount Liquors, 1606 South Lemay Avenue. Yeas: Acott, Long, Sommermeyer, and Veazie. Nays: None. Abstain: Monaghan. Mr. C.J. Kum, representative from United Bank, explained that the liquor store is currently closed down due to financial difficulties. He stated United Bank has a security interest in the inventory, fixtures, equipment, etc. Mr. Kum stated Park Central Discount Liquors is liquidating certain items on their own. He noted that the store has their own management team that is running the store. Change of Corporate Structure Laughing Dog Saloon, 3700 South Mason Mr. Otis Beach, attorney representing the applicant, stated there has been a change in corporate structure on the license for Laughing Dog Saloon. Mr. Steve Sands was sworn and stated he is 51% owner and president of Penny -Wilson Enterprises. Mr. Sands spoke briefly of his background. He stated there will be no other changes other than with the corporate officers. Mr. Sands stated he is responsible for training the employees and will be the general manager of the establishment. In response to a question by the Authority, Mr. Sands explained that the pending DUI on his record is currently being contested. Authority member Monaghan made a motion, seconded by Authority member Veazie, to approve the change of corporate structure for Laughing Dog Saloon, 3700 South Mason. Yeas: Acott, Long, Monaghan, Sommermeyer, and Veazie. Nays: None. Special Events Permit - 3.2% Lambda Chi Alpha Fraternity, 709 Wagner April 18, 1985 (Rain Date: April 20 1985) Mr. Aaron King, events manager, stated this is the 3rd Annual event for the fraternity. He stated they are requesting a permit for April 18, 1985, from 1 p.m. to 10:30 p.m. Mr. King noted there will be live entertainment. Mr. King stated there will be police security on the premises in the event any problems arise. He noted there have been no problems in the past. Authority member Monaghan made a motion, seconded by Authority member Veazie, to approve the special events permit for Lambda Chi Alpha Fraternity on April 18, 1985 (with an alternative date of April 20, 1985), from 1:00 p.m. to 10:30 p.m. Yeas: Acott, Long, Monaghan, Sommermeyer, and Veazie. Nays: None. Liquor Licensing Authority February 27, 1985 Page 6 Special Events Permit - 3.2% CSU Productions/State Board of Agriculture April 19. 1985 Ms. Chris Lowe, events manager, distributed written material to the Authority explaining the College Days event to be held April 19, 1985. She stated there will be an outdoor concert and beer will be served on the Lory Student Center lawn. Ms. Lowe noted that there have been no problems in the past. Authority member Monaghan made a motion, seconded by Authority member Veazie, to approve the special events permit for CSU Productions/State Board of Agriculture on April 19, 1985, from 10 a.m. to 4 p.m. Yeas: Acott, Long, Monaghan, Sommermeyer, and Veazie. Nays: None. Transfer of Ownership Bujack's Little Mart, 800 North College Avenue Mr. Wally Bujack, part-owner, stated there are no other changes to the business other than ownership and a few slight cosmetic changes. He stated he is responsible for the training of all employees. Mr. Bujack stated he currently has three part-time employees. Mr. Bujack introduced his daughter, Leslie Garcia, as part-owner. He noted that she does not currently work at the store. Authority member Monaghan made a motion, seconded by Authority member Acott, to approve the transfer of ownership for Bujack's Little Mart, 800 North College Avenue. Yeas: Acott, Long, Monaghan, Sommermeyer, and Veazie. Nays: None. Preliminary Hearing and Resolution for East Coast Pizza, 215 East Foothills Parkway The boundaries as proposed by the Administration were as follows: North from the subject premises to Columbia Road extended West to College Avenue extended south to Drake Road. West from the subject premises to Shields Street. South from the subject premises to Troutman Parkway extended North to Boardwalk Drive extended East to Breakwater Drive. East from the subject premises to Lemay Avenue. Mr. Charles Teich, part-owner, stated the boundaries are acceptable. Authority member Monaghan made a motion, seconded by Authority member Veazie, to accept the boundaries as proposed for East Coast Pizza, 215 East Liquor Licensing Authority • February 27, 1985 Page 7 Foothills Parkway. Yeas: Acott, Long, Monaghan, Sommermeyer, and Veazie. Nays: None. Authority member Acott made a motion, seconded by Authority member Monaghan, to adopt the preliminary resolution as presented. Yeas• Acott, Long, Monaghan, Sommermeyer, and Veazie. Nays: None. Preliminary Hearing and Resolution for Choice City Seafood, 120 South Mason No one was present to represent the application. The boundaries as proposed by the Administration were as follows: North from the subject premises to Elm Street extended East to East Vine Drive. West from the subject premises to Shields Street. South from the subject premises to South Drive extended East to West Pitkin. East from the subject premises to Lemay Avenue. The Authority determined that no input from the applicant will be viewed as a consent to the proposed boundaries. Authority member Monaghan made a motion, seconded by Authority member Acott, to accept the boundaries as proposed for Choice City Seafood, 120 South Mason. Yeas: Acott, Long, Monaghan, Sommermeyer, and Veazie. Nays: None. Authority member Acott made a motion, seconded by Authority member Veazie, to adopt the preliminary resolution as presented. Yeas: Acott, Long, Monaghan, Sommermeyer, and Veazie. Nays: None. Final Hearing and Final Resolution for a Tavern License for The Bench, 1221 West Elizabeth Mr. Christopher Miranda, attorney for the applicant, submitted Applicant's Exhibit 1 and 2 for review by the Assistant City Attorney. Mr. Keith Easterling, part-owner and corporate officer, was sworn. He stated the proposed restaurant will consist of a sports atmosphere. He added the entertainment will consist of airing various sporting events. Mr. Easterling spoke briefly of the menu, the hours, and the floor plan. N. Liquor Licensing Authority February 27, 1985 Page 8 Mr. Easterling testified that all three owners of the business circulated the petitions. It was noted that a total of 637 signatures were received. Mr. Easterling stated the majority of people contacted favored the license and welcomed the new business. He stated that a few people opposed the license for various reasons. He explained that several people they contacted were under the age of 18 years and were not allowed to sign the petition. Mr. Easterling stated he will be the general manager and responsible for training the employees. He noted that the other two owners will also be training. Mr. Easterling stated all the owners are familiar with the Colorado Liquor Code. He added that all three owners have had previous experience working with liquor licenses. Authority member Acott questioned the owners about their police records showing some type of alcohol offense. Authority member Acott stated she is not personally comfortable in approving licensees who themselves have trouble controlling alcohol consumption. Ms. Acott stated at this time that she will abstain from voting on the matter due to the violations listed on the three owners' records. Assistant City Attorney Paul Eckman advised Authority member Acott that this would not be a conflict of interest and asked her to consider voting on the matter. Mr. Chris Miranda, attorney for the applicant, asked that Ms. Acott go ahead and abstain if she cannot be totally unbiased. Paul Eckman advised Ms. Acott to absent herself from the Board. Ms. Acott remained at her chair. Mr. Lawrence Patterson, owner of property located at 1240 West Elizabeth, was sworn. Mr. Patterson spoke of other licensed establishments on Elizabeth Street and stated he is opposed to this license because he does not feel there is a need for it in the neighborhood. He also mentioned that there is insufficient parking in the area. Mr. Easterling responded stating that they anticipate their establishment to attract a different clientele that the other establishments. He stated he feels there is a need in the neighborhood on the basis of the favorable response they received from petitioning. Authority member Veazie made a motion, seconded by Authority member Monaghan, to approve the Tavern license for The Bench, 1221 West Elizabeth. Yeas: Long, Monaghan, Sommermeyer, and Veazie. Nays: None. Abstain: Acott. Authority member Monaghan made a motion, seconded by Authority member Veazie, to adopt the Final Resolution as presented. Yeas: Acott, Long, Monaghan, Sommermeyer, and Veazie. Nays: None. Liquor Licensing Athority February 27, 1985 Page 9 Final Hearing and Final Resolution for a Hotel -Restaurant License for Marsanne's Cafe and Bar, 400 South Meldrum Mr. Joseph Jablonski was sworn and stated he is a partner in the business along with Marsanne Jablonski, his sister, and Michelle Joven, a friend of the family. Marsanne Jablonski was sworn and spoke of the proposed restaurant and her past work experience in restaurant bars. She stated a liquor license is being requested in order to compliment their food on the menu. Ms. Jablonski stated she will be responsible for training the employees and spoke of their training policies and procedures. Mr. Joe Jablonski stated he is an active mariner and will only be a part-time employee. He explained that Marsanne will manage the restaurant and bar and Michelle will manage the kitchen. Applicant's Exhibit 1 was submitted and identified as petitions which were circulated on behalf of the application. Mr. Jablonski explained that the majority of people contacted in the neighborhood strongly supported the license. He stated, however, that Park Lane Towers did oppose the license and would not grant them permission to meet with them to explain their business operation. Mr. Jablonski stated they received a total of 445 signatures. He added that very few people, with the exception of Park Lane Towers, refused to sign the petition. Mr. Jablonski stated the hours will be from 7 a.m. to 12 midnight. He stated he feels that the clientele will consist of professional business people, employees of the Post Office, CSU professors, and residents of the immediate area. He noted that the patio area is not completed and requested that the patio not be approved as part of the licensed premises at this time. Mr. Jablonski stated the restaurant will have a seating capacity of 60 seats including the bar. Applicant's Exhibit 2 was submitted and identified as the menu for Marsanne's Cafe and Bar. Mr. Claude Fly, resident of Park Lane Towers and Chairman of the Executive Board of the Park Lane Towers Association, spoke in opposition. Mr. Fly stated they do not oppose the restaurant, but the bar. He stated the name of the establishment is Marsanne's Cafe and Bar. He spoke of the concerns of the elderly with respect to increased traffic and safety in the neighborhood. He also stated that there is insufficient parking in the neighborhood. Opponent's Exhibit 1 was submitted and identified as a petition signed by 60 residents of Park Lane Towers in opposition to the license. Mr. Fly noted that these residents feel that there are a number of places in the neighborhood to get a drink. Assistant City Attorney Paul Eckman stated the Authority needs to concentrate on deciding what the needs and desires are of the neighborhood. He added that parking and traffic concerns are not relevant concerns of the Authority. Liquor Licensing thority • February 27, 1985 Page 10 Ms. Jablonski stated she feels the establishment will enhance the neighborhood. She also stated she does not want to see the neighborhood change in a negative way. Mr. Jablonski asked the Authority to consider the fact that they were not granted permission to talk with Park Lane Towers prior to the hearing. Authority member Veazie stated he noticed some reasons listed on the opponents petition that are not valid issues before the Liquor Licensing Authority. Authority member Monaghan made a motion, seconded by Authority member Sommermeyer, to approve the Hotel -Restaurant license for Marsanne's Cafe and Bar, 400 South Meldrum. Yeas: Acott, Long, Monaghan, Sommermeyer, and Veazie. Nays: None. Authority member Veazie made a motion, seconded by Authority member Acott, to adopt the Final Resolution as presented. Yeas: Acott, Long, Monaghan; Sommermeyer, and Veazie. Nays: None. Final Hearing and Final Resolution for a Hotel -Restaurant License for Fort Collins Marriott Hotel, 350 E. Horsetooth Road Mr. Dave Williams, attorney representing the applicant, explained the ownership of the hotel. Mr. R.U. Roush, owner, was sworn and spoke of his background and work experience with other hotels. Mr. Roush stated the Marriott Hotel is scheduled to open approximately June 1, 1985. He went on to say that Marriott Hotels are a family chain and their philosophy with regard to serving liquor is very conservative. Mr. Roush stated there will be a total of 28 bartenders and servers who are required to go through thorough training. He noted that there will be room service throughout the entire hotel. He also stated the pool area will be part of the licensed premises. Mr. Roush spoke of the various banquet rooms, meeting rooms, and other facilities available to the public. Mr. Max Scott, owner of Oedipus, Inc., was sworn and stated he was contracted to do a liquor petition survey for the Fort Collins Marriott Hotel. Applicant's Exhibit 2 was submitted and identified as petitions circulated on behalf of the application. Applicant's Exhibit 1 was 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, 91% of the neighborhood signed in favor of the license. Mr. Howard Skillrud, general manager, was sworn and spoke of his background and experience. Mr. Skillrud stated there will be 24-hour security on the property. He added that his staff will be trained to control the serving + Liquor Licensing A•hority February 27, 1985 Page 11 of liquor within all areas of the hotel. He stated the pool area will be closely monitored. In response to a question by the Authority, Mr. Roush stated that their facilities are often used for private parties. He explained that name badges are issued to everyone in the party and anyone that doesn't have a badge would be challenged prior to being served a drink. Authority member Monaghan made a motion, seconded by Authority member Acott, to approve the Hotel -Restaurant license for the Fort Collins Marriott Hotel, 350 East Horsetooth Road. Yeas: Acott, Long, Monaghan, Sommermeyer, and Veazie. Nays: None. Authority member Acott made a motion, seconded by Authority member Veazie, to adopt the Final Resolution as presented. Yeas: Acott, Long, Monaghan, Sommermeyer, and Veazie. Nays: None. Other Business Secretary Debbie Caster informed the Authority of several establishments which have filed bankruptcy. A letter was submitted to the Authority from a concerned citizen regarding an incident at the County Cork. The Authority directed the Secretary to forward the letter to Frank Russell for handling. Police Report Assistant City Attorney Paul Eckman explained that the staff is requesting to table the item for B-Cubed until next month. Adjournment Authority member Monaghan made a motion, seconded by Authority member Acott, to adjourn. The Chairperson put the motion which was unanimously adopted. The meeting was adjourned at approximately, 11:15 p.m. airman Secretary