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HomeMy WebLinkAboutLiquor Licensing Authority - Minutes - 09/15/1982LIQUOR LICENSING AUTHORITY Regular Meeting - September 15, 1982 7:30 P.M. A regular meeting of the Liquor Licensing Authority was held on Wednesday, September 15, 1982, in the Council Chambers of the City of Fort Collins Municipal Building. Roll call was answered by the following members: Bujack, Long, Oldham and Wilson. (Secretary's Note: Authority member Wilson arrived at approximately 7:35 p.m.) Boardmembers Absent: Seegmiller Staff Members Present: Debbie Caster, City Clerk's Office Frank Russell, Police Department Pete Ruggiero, City Attorney's Office Minutes of the Regular Meeting of August 18, 1982, Approved as Published Authority member Bujack made a motion, seconded by Authority member Oldham, to approve the minutes of the regular meeting of August 18, 1982, as pub- lished. The Acting Chairman put the motion with the following votes: Yeas: Bujack, Long and Oldham. The minutes were unanimously approved. Renewal Application for Johnny's Liquors, ill West Prospect Authority member Bujack made a motion, seconded by Authority member Oldham, to approve the renewal for Johnny's Liquors, 111 West Prospect. The Acting Chairman put the motion to vote which was unanimously adopted. Renewal Application for Pizza Hut, 2631 South Colleqe Avenue Authority member Bujack made a motion, seconded by Authority member Oldham, to approve the renewal for Pizza Hut, 2631 South College Avenue. The Acting Chairman put the motion to vote which was unanimously adopted. -2- September 15, 1982 Renewal Application for Panhandler's Pizza, 1220 West Elizabeth Authority member Bujack made a motion, seconded by Authority member Oldham, to approve the renewal for Panhandler's Pizza, 1220 West Elizabeth. The Acting Chairman put the motion to vote which was unanimously adopted. Change in Trade Name for Dragon Parlor, 2427 South College Avenue The owner of the Dragon Parlor was present to represent this item. She explained that Fort Collins has three Chinese Restaurants with similiar names and that they desire to change their name in order to help eliminate some of the confusion. She stated there will be no other changes in the ownership or the restaurant. Authority member Oldham made a motion, seconded by Authority member Long, to approve the change in trade name from Dragon Parlor to Hunan Spring, 2427 South College Avenue. The Acting Chairman put the motion which was unanimously adopted. New Application Accepted for a Hotel -Restaurant License for Pobre Panchos, 1802 North College Avenue Authority member Long made a motion, seconded by Authority member Bujack, to accept the application and set the preliminary hearing for October 13, 1982, and the final hearing for November 10, 1982. The Acting Chairman put the motion which was unanimously adopted. New Application Accepted for a 3.2% Fermented Malt Beverage License for Safeway Stores Incorporated, 2160 West Drake Road Mr. John Hutchins, attorney representing Safeway Stores, Inc., stated the boundaries are acceptable. Authority member Long made a motion, seconded by Authority member Oldham, to accept the boundaries as proposed by the administration and set the final hearing for October 13, 1982. The Acting Chairman put the motion which was unanimously adopted. -3- September 15, 1982 Preliminary Hearing for a Beer and Wine License for L'Alouette, 334 East Mulberry The boundaries as proposed by the administration were as follows: North from the subject premises to West Vine extended east to East Vine Drive. West from the subject premises to Shields Street. South from the subject premises to Prospect Street. East from the subject premises to Lemay Avenue. Mr. Sam Smyrl, applicant, stated the boundaries are acceptable. Authority member Oldham made a motion, seconded by Authority member Long, to accept the boundaries as proposed for L'Alouette, 334 East Mulberry. The Acting Chairman put the motion to vote which was unanimously adopted. Change in Corporate Structure Approved for The Library, 1220 West Elizabeth Mr. Gary Crites stated that he and his brother have purchased all of the stock that Mr. Mike Sitzman owned. Mr. Sitzman previously held 25%. He stated they have purchased Mr. Sitzman's stock with their own personal funds. Mr. Crites informed the Board that nothing else has changed in the business. He then spoke of his involvement in the management of The Library. Authority member Bujack made a motion, seconded by Authority member Oldham, to approve the change in corporate structure for The Library, 1220 West Elizabeth. The Acting Chairman put the motion which was unanimously adopted. Transfer of Ownership Approved for Harmony Road Liquors, 115 East Harmony Road Otis Beach, attorney representing the applicant, introduced Mr. Marlon Pool. Mr. Pool spoke briefly of his background. He stated he has had no prior experience in the liquor business. Mr. Pool then spoke of financing to purchase the liquor store. He went on to say that he will be the owner and manager of the business and has hired his son-in-law as his only em- ployee. Mr. Pool stated he is familiar with the liquor laws and that his -4- September 15, 1982 son-in-law is still in the process of reading and familiarizing himself with the Colorado Liquor Code. In addition, Mr. Pool stated he has ob- tained the ID Guide Book. Authority member Oldham made a motion, seconded by Authority member Bujack, to approve the transfer of the Retail Liquor license from Hugh G. Havens to Marlon Bruce Pool. The Acting Chairman put the motion which was unanimously adopted. 3.2% Special Events License for State Board of Agriculture for October 29, 1982 Mr. Mark Singleton, president of the CSU Livestock Club, stated the Home- coming Committee requested their assistance in obtaining the beer license and manning all beer sales at the Homecoming Dance to be held Friday, October 29, 1982, in the ballroom of the Lory Student Center. Mr. Single- ton explained that they will section off a 30' x 50' area of the ballroom with 6-foot high partition walls. This area is to be used specifically for the use of serving beer. He stated there will be people at the entrance to check ID's, people checking ID's at the bar area, and people sationed at the exit to make sure no one leaves with any beer. In addition, he stated there will be CSU police officers on duty throughout the area. Authority member Bujack made a motion, seconded by Authority member Long, to approve the special events license for October 29, 1982, between the hours of 8 p.m. to midnight. The Acting Chairman put the motion to vote which was unanimously adopted. 3.2% Special Events License for State Board of Agriculture for October 30. 1982 Mr. Glen Goodman, representative from CSU Productions, stated the Alumni Association requested that their organization put on a concert the evening of Saturday, October 30, 1982, as part of the Homecoming activities. He stated this concert will also be in the ballroom of the Lory Student Center. Mr. Goodman stated the event will include a costume -contest dance. He explained that a 30' x 50' area will be partitioned off for beer sales. This area will be manned with student marshals who have been trained to check ID's at the entrance and at the serving booth. He stated they will also have people at the exit to make sure that no one leaves the area with beer. Mr. Goodman stated they will also be serving non-alcoholic drinks. He added that the CSU Police will be on duty throughout the area. -5- September 15, 1982 Authority member Oldham made a motion, seconded by Authority member Long, to approve the special events license for October 30, 1982, between the hours of 7 p.m. and midnight. The Acting Chairman put the motion which was unanimously adopted. (Secretary's Note: Authority member Oldham left the meeting at this time.) Show/Cause Hearing for Town Pump, 124 North College Avenue Assistant City Attorney Pete Ruggiero called Ms. Kerri Holmes, 3301 Sunrise Drive, LaPorte, Colorado, who was sworn. She stated her date of birth is December 6, 1964, and that she is currently 17 years old. Ms. Homes stated she and a friend entered the Town Pump during the first week of June, 1982, and ordered a pitcher of beer. She stated the employee did not card them and served them the beer. Ms. Homes went on to say that later that same evening Mr. Dennis Newlun, owner of the Town Pump, also served them beer without asking for an ID. She added that they returned to the Town Pump on several other occasions during the month of June and were served by Mr. Newlun without being asked for any identification. Ms. Holmes stated that the bar was not very busy whenever she had been there. Assistant City Attorney Pete Ruggiero called Ms. Vernette Trevizo, 5600 Cliff View Court, Bellvue, Colorado, who was sworn and stated her date of birth is October 12, 1964, and that she is currently 17 years old. Ms. Trevizo stated she and a friend, Ms. Kerri Holmes, entered the Town Pump on several occasions during the month of June and were served beer without being asked for any identification. She stated Mr. Dennis Newlun had served them the beer on the second occasion. Mr. Dennis Newlun, 2811 Cherry Lane, Fort Collins, Colorado, was sworn, and stated he is the owner of the Town Pump. Mr. Newlun stated he had been working 84 hours a week during the month of June and had left for one hour one day to attend a softball game. He explained that he had a friend come in and run the bar in his absence. Mr. Newlun stated the girls were in the bar when he returned and stated that he just assumed his friend had carded them. Therefore, he stated he did not asked for any identification when serving them later on. Mr. Newlun stated he knows he made a mistake and that it should never of happened. He added that he has had no prior violations. Authority member Bujack made a motion, seconded by Authority member Wilson, to determine that a violation did occur at the Town Pump. September 15, 1982 The Acting Chairman put the motion which was unanimously adopted. Assistant City Attorney Pete Ruggiero stated that the Police Department is recommending that a one day suspension to be held in abeyance for one year be issued. Pete added that this recommendation pre -dates the Board's policy to discontinue abeyance procedures. Authority member Bujack made a motion, seconded by Authority member Long, for a one day suspension to be served on a business day at the convenience of the owner within the next 30 days and that the premises be posted. The Acting Chairman put the motion to vote which was unanimously adopted. Show/Cause Hearing for Country Store, 1331 West Elizabeth Assistant City Attorney Pete Ruggiero called Officer Heidi Nash, who was sworn, and stated she is a police officer for the City of Fort Collins. Officer Nash explained that on July 10, 1982, at approximately 9:02 p.m., she observed two individuals acting suspiciously. After she approached them, she stated that they admitted to purchasing beer from the Country Store. Officer Nash stated the names of the individuals as Bryan Cardwell, date of birth 9/8/65, and Jorge Gutierrez, date of birth 7/27/65. She added that she felt the individuals were intoxicated. After the two minors gave her a description of the clerk who sold the beer to them, she ap- proached the clerk who was identified as Sandy Jo Winick. It was noted that the two individuals did not enter the store with Officer Nash. In their discussion, Officer Nash stated Ms. Winick admitted to selling the two individuals beer. Mr. Richard Weaver, 2301 Sceap Court, was sworn and stated he is the owner of the Country Store, 1331 West Elizabeth. Mr. Weaver stated he feels the clerk of the store should have had the opportunity to see the individuals who purchased the beer. In addition, he stated he does not feel there is evidence to prove that the individuals purchased the beer from the Country Store. Mr. Weaver added that Ms. Winick no longer works for him. Authority member Bujack made a motion, seconded by Authority member Wilson, to determine that a violation occurred at the Country Store, 1331 West Elizabeth. The Acting Chairman put the motion which was unanimously adopted. Assistant City Attorney Pete Ruggiero stated the Police Department is recommending a one day suspension to be held in abeyance for one year. Pete added that this recommendation pre -dates the Board's policy to dis- continue abeyance procedures. 0 -7- September 15, 1982 Authority member Bujack made a motion, seconded by Authority member Wilson, to direct the City Attorney's Office to write a letter of reprimand to the owner of the Country Store, 1331 West Elizabeth. The Acting Chairman put the motion which was unanimously adopted. Show/Cause Hearing for Upper Crust, 2601 South Lemay Avenue Assistant City Attorney Pete Ruggiero called Officer Michael Swihart, who was sworn, and stated he is an officer with the Fort Collins Police Depart- ment. Officer Swihart explained that on the evening of July 26, 1982, he was assigned to patrol and conducting security checks. At approximately 12:38 a.m., he stated he noticed the lights on at the Upper Crust, 2601 South Lemay Avenue, and observed two individuals inside who appeared to be drinking. He went on to say that he knocked on the door and was refused entrance. Only after Officer Swihart stated to the individuals inside that they could be placed under arrest if they did not open the door was he allowed inside. Officer Swihart added that he was in uniform. He then stated that he examined the mugs which the individuals were drinking from and stated the contents, in his opinion, was beer. In his discussion with the individuals (later identified as David Maes and Mark Brehm, employees), Officer Swihart testified that they knew they were not allowed to drink after hours. It was noted that the beer mugs were confiscated and ana- lysed. Officer Swihart also statedthat the employees told him that they could lose their jobs for drinking after hours. Mr. David Miller, owner of Upper Crust, distributed to the Board copies of a policy sheet, marked as Licensee's Exhibit 1. Mr. David Maes, 1821 East County Road #58, was sworn, and stated he has been an employee of the Upper Crust for approximately eight months. He stated he is aware that they cannot serve beer to anyone under 18 years and that no beer sales are allowed after 12 midnight. Mr. Maes explained that he did not open the door for Officer Swihart because he does not feel he should open the door after hours due to the large amount of money they have on the premises. Mr. Donald Brehm, 4400 Hollyhock, Fort Collins, Colorado, was sworn, and stated he has worked for the Upper Crust for approximately one year and three months. Mr. Brehm stated he is aware that no beer is to be consumed after midnight. He went on to say, however, that he was not aware that it was after midnight. -8- September 15, 1982 Authority member Bujack made a motion, seconded by Authority member Wilson, to determine that a violation did occur at the Upper Crust, 2601 South Lemay Avenue. The Acting Chairman put the motion which was unanimously adopted. Assistant City Attorney Pete Ruggiero stated the Police Department is recommending a letter of reprimand be issued to the owner of the Upper Crust. Mr. Miller stated it is his written policy to terminate any employee who violates any of the beer laws. However, he stated that he feels his employees are better employees since the violation. Authority member Bujack made a motion, seconded by Authority member Long, for a one day suspension to be served on a business day at the convenience of the owner within the next 30 days and that the premises be posted. The Acting Chairman put the motion which was unanimously adopted. Final Resolution on a Hotel -Restaurant License Farmer's Table Restaurant, 1035 South Taft Hill Road The Resolution was read by title only. Authority member Bujack made a motion, seconded by Authority member Wilson, to adopt the Resolution as presented. The Acting Chairman put the motion which was unanimously adopted. Police Report Officer Frank Russell informed the Authority that on August 25, 1982, Sergeant Ray Martinez observed a party leaving the Electric Stampede, 242 Linden, with a beer. Frank stated he has talked with the management of the bar regarding the incident and has also sent a letter of concern to the management (on file in the City Clerk's Office). Adjournment Authority member Bujack made a motion, seconded by Authority member Long, to adjourn. -9- September 15, 1982 The meeting was adjourned at a Secretary