Loading...
HomeMy WebLinkAboutLiquor Licensing Authority - Minutes - 02/08/1978Liquor Licensing Authority Regular Meeting - February 8, 1978 7:30 p.m. A regular meeting of the Liquor Licensing Authority was held on Wednesday, February 8, 1978, at 7:30 p.m. in the Council Chambers of the City of Fort Collins Municipal Building. Roll call was answered by the following members: Bean, Long, Renz, Seegmiller and Wilson. Staff members present: Sgt. Bob Mason, Police Department Wanda Krajicek, Deputy City Clerk Also: Assistant City Attorney Ramsey Myatt Minutes of the regular meeting of January 11, 1978, approved as published Authority member Long made a motion, seconded by Authority member Renz, to approve the minutes of the regular meeting of January 11, 1978, as published. The Chairman put the motion which was unanimously adopted. The Chairman read the hearing procedured at length before proceeding with the final hearing. Final hearing on a Hotel -Restaurant application submitted by Kay Frazee dba Little Tokyo Cafe, 1801 N. College Ave., application approved. The resolution setting forth the findings of the preliminary hearing and establishing the boundaries was read by title only as a complete copy had been furnished to each Authority member with the agenda. Authority member Bean made a motion, seconded by Authority member Renz, to adopt the Resolution. The Chairman put the motion which was unanimously adopted. RESOLUTION OF THE LIQUOR LICENSING AUTHORITY OF FORT COLLINS SETTING FORTH FINDINGS ON A PRELIMIN- ARY HEARING ON A LIQUOR LICENSE APPLICATION WHEREAS, heretofore, Kay Frazee, doing business as Little Tokyo Cafe, 1801 North College Avenue, Fort Collins, Colorado, made application to the Liquor Licensing Authority for a Hotel -Restaurant Liquor License; and WHEREAS, the Liquor Licensing Authority has received reports concerning such applications, and.has held a prelim- inary hearing on such application as provided in Rule 3 of the Rules of Procedure of the Liquor Licensing Authority. NOW, THEREFORE, BE IT RESOLVED BY THE LIQUOR LICENSING AUTHORITY OF THE CITY OF FORT COLLINS, that the Authority hereby makes the following preliminary findings and determin- ations concerning this application, subject to the right of any party in interest to present further evidence concerning any of such findings and determinations at the hearing to be held on this application on the 8th day of February, 1978: 1. That the subject premises are proper premises under the ordinances of the City of Fort Collins and the laws of the State of Colorado to be licensed for the sale of liquor as applied for by the applicant. 2. That the boundaries of the neighborhood to be served by this applicant are as follows: North from the subject premises to the City limits; West from the subject premises to the City limits, following the City limits southerly to Shields Street; then South on Shields Street to Mountain Avenue; South from the subject premises to Mountain Avenue extended to meet Eastern City limits; East from the subject premises to City limits following City limits southerly to Mountain Avenue extended. The boundaries of the neighborhood include both sides of all streets named as boundary streets, as long as both sides are within the City limits. 3. That the necessary notice of hearing by publication and by posting of the premises has not been given as provided by law, and the Authority has directed the City Clerk to accomplish said notice prior to the hearing date. 502! 4. That the applicant is qualified under the ordinances of the City and the laws of the State for the license applied s. for. I 5. That the application is in proper form and will'be heard by the Authority on February 8, 1978. Passed and adopted at a regular meeting of the Liquor Licensing Authority held this 8th day of February, 1978. ATTEST: City�erClerk ) Mr. William Beardslee, attorney for the applicant, Kay Frazee, called Ms. Frazee, 1818 Valley View Lane, as his first witness. Ms. Frazee was duly sworn before giving testimony relating to her previous work experience, her knowledge of the liquor laws and the type of menu that is available at her establishment. She noted that she had moved to the United States in 1960, and that she had purchased her business in January of 1970. Mr. Beardslee explained to the Authority that the deficiencies found by the Fire Department and the Building Inspection Department have been corrected and that the restaurant was scheduled for reinspection the next day(2-9-78). Mr. Beardslee presented petitions marked as applicant's exhibit A, containing 222 signatures, that Ms. Frazee had circulated among the customers and patrons of her restaurant. Mr. Beardslee called Mr. Raymond K. Van de Venter, 1108 Stover, as his next witness. Mr. Van de Venter was duly sworn before giving testimony. He stated that he was a family friend of Ms. Frazee and that he had circulated petitions at her request on her behalf. His petitions marked applicant's exhibits B and C, were of two types: one to residents of the boundary area and one to owners and employees of businesses in the area and that they contained 151 and 196 signatures respectively. He estimated that approxi- mately 10% of the persons that he had encountered had refused to sign for various reasons. -3- Mr. Beardslee asked that the license be granted contingent upon the final inspection by the Fire Department and Building Inspection Department. Authority member Long made a motion, seconded by Authority member Bean, to approve the license subject to the conditions set forth above. The Chairman put the motion which was unanimously adopted. Final hearing on an application for a Tavern license submitted by Ben -Car Corporation dba Spring Creek Runoff, 1006 Spring Creek Lane; preliminary Resolution adopted and license granted. RESOLUTION OF THE LIQUOR LICENSING AUTHORITY OF FORT COLLINS SETTING FORTH FINDINGS ON A PRELIMIN- ARY HEARING ON A LIQUOR LICENSE APPLICATION WHEREAS, heretofore, Ben -Car Corporation, doing business as Spring Creek Runoff, Ltd., made application to the Liquor Licensing Authority for a Tavern Liquor License; and WHEREAS, the Liquor Licensing Authority has received reports concerning such applications, and has held a prelim- inary hearing on such applicatio as provided in Rule 3 of the Rules of Procedure of the L' r Licensing Authority. NOW, THEREFORE, BE IT RE O D BY THE LIQUOR LICENSING F; AUTHORITY OF THE CITY OF FORT LLINS, that the Authority hereby makes the following.,jpreliminary findings and determin- ations concerning this ap 'cation, subject to the right of any party in interest to p esent further evidence concerning any of such findings and determinations at the hearing to be held on this application on the 8th day of February, 1978: -4- • C� 1. That the subject premises are not proper premises under the ordinances of the City of Fort Collins for the sale of liquor as applied for by the applicant because of the zoning of the premises, to -wit: B-P Planned Business District. Because of application is hereby February 8, 1978 i Passed s set forth hereinabove, the sed and the hearing date of ted. adopted at a regular meeting of the Liquor Licensi Authority held this 8th day of February, 1978. ATTEST: r�v City Clerkl���y Mr. John Reid, attorney representing the applicants, stated that he had a copy of the Resolution and that he and his clients had been surprised at the action the City had taken since a report from the Zoning Department that the zoning was proper does appear in the applicant's file. He asked that the Authority amend or deny the Resolution as presented and that he be permitted to proceed with their evidence since the question of zoning should not be a consideration of the Liquor Licensing Authority but should be decided by Council or Zoning Board of Appeals. Chairman Seegmiller stated that he felt denying the Resolution would be making a zoning decision whereas he felt Council was asking the Authority to adopt the Resolution and administratively remand the matter back to Council for them to decide. Mr. Reid suggested that the Authority proceed with the hearing and make a decision and if the license is granted, make it subject to having the zoning issue clarified by Council or whatever body should do it. Mr. Myatt stated that the City Attorney's office had prepared the Resolut- ion in its present wording on the basis that the Council had determined that the premises were not proper because of the zoning. The Administration had already filed their routine slip indicating that the B-P zone was -5- acceptable prior to that decision by Council. Mr. Reid stated that the verbatim copy of the January 31, 1978 Council meeting showed that the Council directed the City Attorney to draw up possible alternatives as to where a tavern rightly belongs and possibly to enact an ordinance at a later date but that no specific action was taken by Council to authorize the Authority to deny the license on the basis of zoning. He asked that the verbatim transcript be admitted into evidence and marked as applicant's exhibit 37. Authority member Bean stated that he felt that the Council was asking the Authority to stall this application until they could ordinance it out of existance. Several Authority members expressed agreement. Authority member Bean made a motion, seconded by Authority member Renz, torefuse to adopt the Resolution. The Chairman put the motion which resulted in the following vote: Yeas: Bean, Renz, and Wilson. Nays: Long and Seegmiller. The motion carried. The original Resolution prepared by the City Attorney's office was read in its entirety by Chairman Seegmiller. Authority member Bean made a motion, seconded by Authority member Renz to approve the Resolution as read. The Chairman put the motion with the following vote: Yeas: Bean, Long, Renz, and Wilson. Nays: Seegmiller. The motion carried. RESOLUTION OF THE LIQUOR LICENSING AUTHORITY OF FORT COLLINS SETTING FORTH FINDINGS ON A PRELIMIN- ARY HEARING ON A LIQUOR LICENSE APPLICATION WHEREAS, heretofore, Ben -Car Corporation, doing business as Spring Creek Runoff, Ltd., made application to the Liquor Licensing Authority for a Tavern Liquor License; 'and WHEREAS, the Liquor Licensing Authority has received reports concerning such applications, and has held a prelim- inary hearing on such application as provided in Rule 3 of the Rules of Procedure of the Liquor Licensing Authority. NOW, THEREFORE, BE IT RESOLVED BY THE LIQUOR LICENSING AUTHORITY OF THE CITY OF FORT COLLINS, that the Authority hereby makes the following preliminary,findings and determin- ations concerning this application, subject to the right of any party in interest to present further evidence concerning any of such findings and determinations at the hearing to be held on this application on the 8th day of February, 1978: 1. That the subject premises are proper premises under the ordinances of the City of Fort Collins and the laws of the State of Colorado to be licensed for the sale of liquor as applied for by the applicant. 2. That the boundaries of the neighborhood to be served by this applicant are as follows: South from the subject premises to the City limits; West from the subject premises to the City limits; North from the subject premises to Mulberry Street; and East from the subject premises to College Avenue. The boundaries of the neighborhood include both sides of all streets named as boundary streets, as long as both sides are within the City limits. 3. That the necessary notice of hearing by publication and by posting of the premises has not been given as provided by law, and the Authority has directed the City Clerk to accomplish said notice prior to the hearing date. 4. That the applicant is qualified under the ordinances of the City and the laws of the State for the license applied for. o, 5. That the application is in proper form and will be heard by the Authority on February 8, 1978. -7- Passed and adopted at a regular meeting of the Liquor Licensing Authority held this `ATTEST: City Clerk ` 8th day of February, 1978. Uf Chairman Mr. Reid called Mr. Dale Carlson, 1805 Sheely Drive, as his first witness. Mr. Carlson was duly sworn before giving testimony relative to his educa- tion and work experience. He described the building in which the proposed Spring Creek Runoff would be housed and stated that their lease would be for 2,000 sq. ft. area and would seat 54 people. Mr. Carlson noted that their establishment is being planned to offer delicatessen sandwiches and various side dishes and that they hoped to make it a place where people could see their neighbors. They hope it will attract clientele in the 26-45 age range and that they will offer a quiet atmosphere that will probably not appeal to the college age group. There will be no pinball, pool or foosball tables, but there will be boards for chess or checkers built into the table tops, backgammon and darts which probably won't appeal to college kids. There will be no jukebox, but there will be taped music. Mr. Reid presented applicant's exhibit 2 which was a floor plan of the proposed establishment . These showed the seating arrangement, office area, storeroom and restrooms. These were entered into evidence. Mr. Carlson stated that his partner, Mr. Benzel would manage the estab- lishment and that he(Mr. Carlson) would be responsible for the paperwork i.e. the quarterly reports, sales tax returns, payroll, the books, financial statements and that he would also help out as needed in running the place. Mr. Carlson stated that he estimated $40,000 would be needed to furnish and operate this business, that would be acquired by borrowing from their parents. Mr. Reid then presented petitions marked as applicant's exhibits 2-6 which Mr. Carlson had circulated containing 184 signatures. Mr. Carlson estimated that 25 had refused to sign, citing various reasons, the most predominant being religious. Mr. Reid's next witness was Mr. Robert C. Benzel, 1110 E. Lincoln, who was duly sworn before giving testimony. Mr. Benzel gave testimony as to the length of residency in Fort Collins and gave his concept of the nature of the business proposed. He stated that his parents had owned the Hauf Brau for 24 years and that he had increased his responsibilities as he grew up, finally becoming the manager after he had tended bar for a number of years. Mr. Reid presented petitions marked as applicant's exhibits 7-19 which were circulated by Mr. Benzel and containing approximately 500 signatures. Mr. Benzel estimated that approximately 50-60 persons had declined to sign for various reasons. Mr. Reid next called Renee Benzel, 1607 Edora Road, who was duly sworn and presented petitions marked as applicant's exhibits 20-22 containing 52 signatures. She estimated 15 persons had declined to sign. Eileen Zelasko, 420 Wood Street, was Mr. Reid's next witness. She was duly sworn and presented petitions marked as applicant's exhibits 23-33 containing an estimated 400-500 signatures. Approximately 70 refused to sign her petitions. Mr. Reid then called Mary Harris, 230 Park St., who was duly sworn and presented petitions marked applicants exhibits 34-36 containing 94 signatures. She estimated 20% declined to sign her petitions. Mr. Reid asked if any others present wished to make a statement in support of this license. Those coming forward were: Delmer Baird, 1643 Independence Road Jim Burns, 1501 Briarwood Mr. Reid asked that those in the audience in support of the granting of the license stand. He then asked that the record reflect that approxi- mately two dozen stood in favor. Margaret Reeves, 1931 Sandalwood, was duly sworn before giving testimony in opposition to the granting of this license. She stated that it was her opinion that a tavern would tend to bring in traffic from Shields Street. She stated that she knew that there were people from the neigh- borhood opposed to the granting of this license although they didn't feel that it was necessary to come out. In closing, Mr. Reid asked that the Authority grant the license on the basis of the testimony given and on the basis of the more than 1,200 signatures of the neighborhood residents on the petitions presented. Authority member Long made a motion, seconded by Authority member Bean, that based on the evidence presented, no reason exists not to approve the application and he therefore moved that the Authority approve the applica- tion for a tavern license for Spring Creek Runoff "contingent upon the City Council determining whether or not they have a zoning problem." The Chairman put the motion which resulted in the following vote: Yeas: Bean, Long, Renz, and Wilson. Nays: Seegmiller. Preliminary hearing on the Beer and Wine license application submitted by Chung -Yuen Chan dba Oriental House, 2900 Harvard, boundaries recommended by the Administration adopted. The boundaries recommended by the Administration were as follows: North from the subject premises to Prospect, West from the subject premises to Shields, South from the subject premises to City limits and East from the subject premises to Lemay Avenue. Authority member Long made a motion, seconded by Authority member Renz, to accept the boundaries as recommended by the Administration and set the final hearing date for March 8. The Chairman put the motion which was unanimously adopted. (Bean out of the room). Change of ownership at the Brothers, 249 South College, to Antonios Katapodis and change of trade name to The Greek Connection, approved. Mr. William Beardslee, attorney for the transferee, Mr. Antonios D. Katapodis, 515 East Drake, introduced Mr. Katapodis who was duly sworn. Mr. Katapodis told the Authority of his background, stating that he was born on the island Lefkos, Greece and came to the United States 5 1/2 years ago. He stated he had purchased the restaurant from BSH Corporation and he was now the owner and manager and had changed the name to The Greek Connection. Mr. Beardslee then called Spiro Palmer, 801 Tyler, owner of Palmer House Florist. Mr. Palmer stated that he had known Mr. Katapodis for 15 years and that at various times Mr. Katapodis had been an employee and business partner of his. Authority member Bean made a motion, seconded by Authority member Long, to approve the transfer. The Chairman put the motion which was unanimously adopted. Transfer of ownership of the outlet at 132 Laporte Avenue to Grand American Fare and; Registration of new manager, Alan B. Christian Mr. David Osborn, attorney, introduced Alan B. Christian, 1150 Lehigh, Boulder, the manager of the proposed outlet. Mr. Christian stated that he had appeared before the Authority 2 years ago in connection with the liquor license that was approved then. He noted that he has been running the Dark Horse Restaurant in Boulder for the past 2 years. Mr. Osborn explained that this transfer was taking place because a change in statutes now allows corporations to hold more than one license. Colorado Fare is a subsidiary of Grand American Fare. Authority member Renz made a motion, seconded by Authority member Long, to approve the transfer subject to the filing of a trade name affidavit before the issuance of the license. The Chairman put the motion which was unanimously adopted. -10- Change of corporate status at the Catacombs, 115 South College Ave. Mr. David Osborn, attorney, stated that Nico Zentveld had acquired 100% of the corporation stock of Unicorn Corporation dba Catacombs, and was now the sole owner. Authority member Bean made a motion, seconded by Authority member Long, to approve the change of corporate status of Unicorn Corporation. The Chairman put the motion which was unanimously adopted. Renewals for: Safeway Stores, 106 E. Foothills Parkway Robinhood Restaurant, 215 E. Foothills Parkway Sams. 158-162 Linden Panhandlers, 607 S. Mason Seven -Eleven, 216 W. Prospect. Authority member Bean made a motion, seconded by Authority member Renz, to approve the above renewal applications. The Chairman put the motion which was unanimously adopted. Letter of Reprimand for Sam's 158-162 Linden Sgt. Mason described an alleged sale to a minor violation at Sam's and asked the Authority to direct the City Attorney to write a letter of reprimand to them. Authority member Bean made a motion, seconded by Authority member Renz, to to direct the City Attorney's office to prepare a letter of reprimand to Sam's Old Town Ballroom, 158-162 Linden. The Chairman put the motion which was unanimously adopted. Resolution adopted granting the Retail Liquor Store license submitted by M. W. and Shirley Kurtz dba Spring Creek Liquors, 1005 W. Stuart. The resolution was read by title only as each Authority member had been furnished a copy with the agenda. FINDINGS AND RESOLUTION OF THE LOCAL LIQUOR LICENSING AUTHORITY OF THE CITY OF FORT COLLINS, COLORADO, CONCERNING AN APPLICATION FOR A RETAIL LIQUOR STORE LICENSE The application of Martin Winfred Kurtz and Shirley J. Kurtz, doing business as Spring Creek Liquors, for a Retail Liquor Store License came on for hearing on the llth day of -11- January, 1978, in the Council Chambers, City Hall, Fort Collins, Colorado, pursuant to notice duly given as required by law. The Authority, having heard the evidence introduced at the hearing, and having examined the documents introduced and having heretofore held a preliminary hearing and issued findings in writing on said preliminary hearing, now makes the following findings: 1. The neighborhood to be served under this application is as defined in the preliminary findings of the Authority. 2. Nothing contained in C.R.S., 1973, Section 12-47-138 prohibits the issuing of a license at the proposed location. 3. The applicants are of good character and qualified under the Ordinances of the City of Fort Collins and the laws of the State of Colorado for the license applied for. 4. The application is in proper form. 5. Petitions containing substantial numbers of signatures and evidence were presented and received at the hearing, indicating a need for the license applied for and, although petitions containing substantial numbers of signatures and evidence were presented and received at the hearing indicating that said need does not exist, the local licensing authority hereby finds that the reasonable requirements of the neighbor- hood require the issuance of the license applied for. The Authority recognizes that other licenses exist in the neighborhood, but hereby finds that an additional need exists for the license applied for. -12- 6. The building in which the license is to be operated is not now constructed; and no license should issue until the construction is completed in accordance with the plans and specifications submitted by the applicant and the require- ments of the Building Inspector made iD conformity with the Ordinances of the City of Fort Collins. RESOLUTION OF THE LOCAL LIQUOR LICENSING AUTHORITY OF THE CITY OF FORT COLLINS, COLORADO, CONCERNING AN APPLICATION FOR A RETAIL LIQUOR STORE LICENSE BE IT RESOLVED by the Local Liquor Licensing Authority of the City of Fort Collins, Colorado that the application of Martin Winfred Kurtz and Shirley J. Kurtz, doing business as Spring Creek Liquors, for a Retail Liquor Store License be and the same hereby is granted in accordance with the findings of the Authority set forth above; and BE IT FURTHER RESOLVED that said license shall not issue until the construction of the licensed premises is completed in accordance with the plans and specifications submitted to the Authority and the requirements of the City Building Inspector, and the Authority has received a report from said Building Inspector that said improvements have been completed in accordance with said plans and specifica- tions and the requirements of the Building Inspector. Passed and adopted this 8th day of February, A.D. 1978. 4165_'� Chairman ATTEST: City Clerk eR� Ra -13- Authority member Bean made a motion, seconded by Authority member Renz, to adopt the Resolution as presented. The Chairman put the motion which was unanimously adopted. Other Business The Authority directed the City Attorney to write a letter to the license holder at T.J.'s, 142 Linden, informing them that they must come before the Authority for permission to modify the premises. Authority member Bean made a motion, seconded by Authority member Wilson, to direct the City Attorney to write the above letter. The Chairman put the motion which was unanimously adopted. Police Report Sgt. Mason stated that the show/cause hearing for Panhandlers had been withdrawn due to a change in testimony by the two juveniles involved. Authority member Wilson asked if in the future, each Authority member could be responsible for a certain portion of the petitions submitted by each applicant in order to speed up the examination of the signatures. The Authority agreed to try this approach. Adjournment Authority member Long, made a motion, adjourn the meeting. The Chairman put adopted. The meeting adjourned at 10:45 p.m. Deputy City Clerk�— seconded by Authority member Renz, to the motion which was unanimously -14-