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HomeMy WebLinkAboutLiquor Licensing Authority - Minutes - 12/05/1984LIQUOR LICENSING AUTHORITY Regular Meeting - December 5, 1984 7:30 p.m. A regular meeting of the Liquor Licensing Authority was held on Wednesday, December 5, 1984 in the Council Chambers of the City of Fort Collins Municipal Building. Roll call was answered by the following members: Acott, Bujack, Long, Sheahan, and Wilson. Authority Members Absent: Monaghan and Veazie. Staff Members Present: Debbie Caster, City Clerk's Office Paul Eckman, Assistant City Attorney Frank Russell, Police Department Minutes of the Regular Meeting of November 7, 1984, Approved as Published Authority member Bujack made a motion, seconded by Authority member Acott, to approve the minutes of the regular meeting of November 7, 1984 as published. Yeas: Acott, Bujack, and Sheahan. Nays: None. Abstain: Long and Wilson. Show/Cause Hearing iquors, 238 East Mountain Avenue Assistant City Attorney Paul Eckman briefed the Authority on the violation noting that on October 4, 1984, at approximately 10:00 p.m., an owner of Ace Liquors sold 6% beer to a Police Scout under the age of 21 years. Mr. Eckman indicated that the attorney representing Ace Liquors could not be present. In addition, he stated their attorney will stipulate to the facts if the Authority does not issue any more than a two-day suspension. In the event that the Authority issues a stricter penalty, Paul stated the attor- ney would like to request a tabling of the hearing so that he can be present to speak in mitigation. Mr. Eckman went on to give a brief history of the establishment. He also noted that the Police Department is recom- mending a two-day suspension. Mrs. Jang, part-owner of Ace Liquors, 238 East Mountain Avenue, stipulated to the violation which occurred on October 4, 1984. Authority member Long made a motion, seconded by Authority member Acott, to determine a violation did occur on October 4, 1984, at Ace Liquors, 238 East Mountain Avenue. Yeas: Acott, Bujack, Long, Sheahan, and Wilson. Nays: None. -2- December 5, 1984 The Authority unanimously tabled the remainder of the hearing until January 2, 1985. Show/Cause Hearing Country Store, 1331 West Elizabeth (Secretary's Note: No one was present to represent the Country Store. It was noted that a notice of the hearing was sent to the licensee.) Assistant City Attorney Paul Eckman called Ms. Erin Navratil, Police Scout. Police Scout Erin Navratil was sworn and stated she was employed by the Police Department on October 4, 1984 at approximately 10:07 p.m. She explained that she was assigned to enter the Country Store, 1331 West Elizabeth, to purchase a six-pack of beer. She stated she did obtain the beer without being asked for identification. Ms. Navratil stated she is under 18 years of age. In response to a question by the Board, Ms. Navra- til described the clothing she wore that night. Authority member Long made a motion, seconded by Authority member Acott, to determine that a violation did occur on October 4, 1984, at the Country Store, 1331 West Elizabeth. Yeas: Acott, Bujack, Long, Sheahan, and Wilson. Nays: None. Assistant City Attorney Paul Eckman stated the Police Department is recom- mending a one -day suspension. Mr. Eckman also read into the record a statement from the employee who sold the beer. Authority member Acott,made a motion to suspend the license for two days, to be served within the next 30 days, except on a holiday, and ordered that the premises be posted. Authority member Wilson suggested that the Authority assign the two days to a Friday and a Saturday. She added that the Board is not being taken seriously enough and that the Board can be stricter in their penalities. Authority member Acott stated she does not want to assign specific days at this time. She suggested that the motion be amended to state that the two days be served within the next 28 days. Authority member Bujack seconded the motion. Yeas: Acott, Bujack, and Sheahan. Nays: Long and Wilson. Authority member Long stated he feels the Board could be stricter by naming the dates the establishment will close. -3- December 5, 1984 Change in Trade Name The Junction, 518 West Laurel Mr. Bob Steffen, general manager, explained that the establishment will be changing their name from The Junction to Clover's. In addition, he stated the food menu will be changing. Mr. Steffan stated the bakery displ;v in the lobby will change into a retail to -go center for bakery goods, bever- ages, etc. It was noted that the ownership will remain the same. Authority member Long made a motion, seconded by Authority member Acott, to approve the change in trade name from The Junction to Clover's, 518 West Laurel. Yeas: Acott, Bujack, Long, Sheahan, and Wilson. Nays: None. Registration of Manager Sea Galley, 100 West Troutman Parkway Mr. Michael Wiemhoff, general manager, spoke briefly of his background. He stated he is responsible for training the employees. Mr. Wiemhoff stated that his staff is made up of three assistant managers. He then went on to explain everyone's duties. It was noted that all managers are familiar with the liquor laws. Mr. Wiemhoff stated their policy is to card anyone who looks younger than 30 years. Authority member Long made a motion, seconded by Authority member Bujack, to approve Michael Wiemhoff as general manager for Sea Galley, 100 West Troutman Parkway. Yeas: Acott, Bujack, Long, Sheahan, and Wilson. Nays• None. Registration of Manager Park Central Discount Liquors, 1616 South Lemay Avenue Mr. Cliff Ellison, general manager, spoke briefly of his background. It was noted from the background investigation that Mr. Ellison was arrested for non-payment of a DWI. In addition, it was noted that he was arrested on a theft charge which was later dropped from his record. The Authority addressed Mr. Ellison with their concerns about the violations on his record. In response to a question by the Authority, Mr. Ellison stated he hasn't begun any therapy or counselling as required under court order. Authority members Wilson and Acott stated they are not comfortable in approving the registration of manager until Mr. Ellison completes his therapy as required by court order. Mr. Ellison stated he will obtain the therapy immediately if the Authority directs him to do so. He added that he feels he is turning his life around for the better. -4- December 5, 1984 Authority member Sheahan also stated he is uncomfortable with approving Mr. Ellison until the therapy is completed. Mr. Ellison agreed to start the therapy. Authority member Acott added she would like a statement of Mr. Ellison's progress from the therapist. Alathority member Acott made a motion to table the registration of manager inaerimcely until Mr. Ellison has completed the therapy program as re- quired and that the Authority receive a statement from the therapist upon Mr. Ellison's completion of the program. In addition, she added that the Authority will review Mr. Ellison's progress as necessary and requested Mr. Ellison to provide an update report prior to the meeting on January 2, 1985. Boardmember Sheahan seconded the motion. Yeas: Acott, Bujack, Long, Sheahan, and Wilson. Nays: None. Transfer of Ownership Campus West Liquors, 1107 City Park Avenue Mr. John Musa, owner, explained that he has bought out his ex -partner and remains the sole stockholder of the newly created corporation. Mr. Musa stated there are no other changes. Authority member Bujack made a motion, seconded by Authority member Long, to approve the transfer of ownership from Jerry Richardson and John Musa to Campus West Liquors, In'c., dba Campus West Liquors, 1107 City Park Avenue. Yeas: Acott, Bujack, Long, Sheahan, and Wilson. Nays: None. New Application for a Hotel -Restaurant License r Suehiro Japanese Restaurant, 223 Linden Stre Authority member Long made a motion, seconded by Authority member Bujack, to accept the new application and set the preliminary hearing for January 2, 1985, and the final hearing for January 30, 1985. Yeas: Acott, Bujack, Long, Sheahan, and Wilson. Nays: None. Preliminary Hearing and Resolution for Great American Rib Co., 4010 South College Avenue The boundaries as proposed by the Administration were as follows: 0 • -5- December 5, 1984 North from the subject premises to Swallow Road. West from the subject premises to Shields Street. South from the subject premises to Horsetooth Road and City limits. East from the subject premises to Lemay Avenue. Mr. Larry Terrell, owner, stated the boundaries are acceptable. Authority member Long made a motion, seconded by Authority member Sheahan, to accept the boundaries as proposed for the Great American Rib Company, 4010 South College Avenue. Yeas: Acott, Bujack, Long, Sheahan, and Wilson. Nays: None. Authority member Long made a motion, seconded by Authority member Bujack, to adopt the preliminary resolution as presented. Yeas: Acott, Bujack, Long, Sheahan, and Wilson. Nays: None. Preliminary Hearing and Resolution for Mr. Steak. 2712 South Colleoe Avenue The boundaries as proposed by the Administration were as follows: North from the subject premises to West Prospect Street extended east to East Stuart. West from the subject premises to Shields Street. South from the subject premises to Horsetooth Road. East from the subject premises to Lemay Avenue. Mr. Roger McGowan, manager, stated the boundaries are acceptable. Authority member Long made a motion, seconded by Authority member Bujack, to accept the boundaries as proposed for Mr. Steak, 2712 South College Avenue. Yeas: Acott, Bujack, Long, Sheahan, and Wilson. Nays: None. Authority member Long made a motion, seconded by Authority member Bujack, to adopt the preliminary resolution as presented. Yeas: Acott, Bujack, Long, Sheahan, and Wilson. Nays: None. Police Report Officer Frank Russell stated a letter was received from the Catacombs in response to his letter of concern he sent last month. In addition, he stated a letter was sent to Washington's from Police Chief Glasscock commending their efforts to reduce drunk driving. Officer Russell stated -6- December 5, 1984 Jefferson Street Station has also been recognized by the Police Department in their efforts to reduce drunk driving. Lastly, a memo from Police Chief Glasscock in response to the City Attorney's Office memo on massage parlors was forwarded to all boardmembers. Officer Russell stated the Police Department will be working with the Attorney's Office to repeal the ordi- nance since it is their position that there are better alternatives to enforce provisions concerning prostitution. Other Business Authority member Acott inquired as to whether the margarita chair at The Electric Stampede is a violation of code. If so, she asked whether the Authority can request that the chair be removed. Assistant City Attorney Paul Eckman stated that he will look up some statutes and report back to the Authority next month as to what guidelines they can follow. Authority member Wilson opened the floor for discussion on underage sales. She stated she feels the Board is not being taken seriously. Authority member Acott stated she feels the Board needs to have general guidelines to follow. She suggested the Authority make a public statement that they will be getting stricter. Authority members Wilson and Sheahan disagreed, stating the Board should continue to hear each and every case on an individual basis. Authority member Sheahan suggested a bulk mailing on a periodic basis whereby the City types up a list of all establishments' violations and mail them out to all license holders. He also suggested implementing some type of monetary fine to establishments that commit a violation. Officer Frank Russell explained that there is not the staff or the budget to prepare periodic mailings to over 140 license holders. In addition, Officer Russell stated the Board has no lawful authority to register a monetary fine. Authority member Long disagreed with the idea of mailing out public notices to all licensees. Mr. Michael Wiemhoff, manager of Sea Galley, stated he feels it is a good idea to mail out letters or public notices on a regular basis. He added that intimidation can sometimes serve a purpose. 0 -7- December 5, 1984 Election of Officers Authority member Bujack made a motion, seconded by Authority member Acott, to nominate Pat Long as Chairperson. Yeas: Acott, Bujack, Long, Sheahan, and Wilson. Nays: None. Authority member Bujack made a motion, seconded by Authority member Long, to nominate Marty Wilson as Vice -Chairperson. Authority member Wilson withdrew her name from consideration. Authority member Long made a motion, seconded by Authority member Sheahan, to nominate Wally Bujack as Vice -Chairperson. Yeas: Acott, Long, Sheahan, and Wilson. Nays: Bujack. Adjournment Authority member Acott made a motion, seconded by Authority member Bujack, to adjourn. The Chairperson put the motion to vote which was unanimously adopted. The meeting was adjourned at approximately 9:07 p.m. Chairperson liecretary