Loading...
HomeMy WebLinkAboutLiquor Licensing Authority - Minutes - 11/17/1976W LIQUOR LICENSING AUTHORITY November 17, 1976 Regular Meeting - 7:30 P.M. A regular meeting of the Liquor Licensing Authority was held on Wednesday, November 17, 1976 at 7:30 p.m. in the Council Chambers of the City of Fort Collins City Hall. Roll call was answered by the following members: Authority members Bean, Renz, Seegmiller and Stoner. Absent: Authority member Wilson. Staff Members Present: Sergeant Mason and City Clerk Verna Lewis. Also: Assistant City Attorney Ramsey Myatt. Minutes of Regular Meeting of October 20, 1976 Approved as Published Authority member Renz made a motion, seconded by Authority member Stoner to approve the minutes of the regular meeting of October 20, 1976 as published. The Chairman put the motion which was unanimously adopted. Resolution Adopted Granting a Tavern License to Danny Rogers dba Red Garter Tavern Applicant, Danny Rogers, stated since he last presented his plans to the Authority, the Building Inspection Department had informed him he is required to provide an outside exit from the basement, necessitating moving the patio area. This move will increase the seating capacity from 80 to 100 persons. Authority members cautioned Mr. Rogers regarding the need to monitor patrons. The three exits required would necessitate checking identification for the purpose of assuring that they are of age to purchase liquor by the drink. Mr. Rogers stated he would provide for proper monitoring. City Clerk Verna Lewis read the resolution by title as the resolution had been sent to the Authority. Authority member Bean made a motion, seconded by Authority member Renz to adopt the resolution. The Chairman put the motion with the following vote: e s 0 Yeas: Authority members Bean, Renz and Seegmiller. Nays: None. Abstain: Authority member Stoner. FINDINGS AND RESOLUTION OF THE LOCAL LIQUOR LICENSING AUTHORITY OF THE CITY OF FORT COLLINS, COLORADO, CONCERNING AN APPLICATION FOR A TAVERN LICENSE The application of Danny Rogers, d/b/a Red Garter Tavern, for a Tavern License came on for hearing on the 20th day of October, 1976, 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 12-47-139 prohibits the issuing of a license at the proposed location. 3. The applicant is 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 were presented and received at the hearing, indicating a need for the license applied for and no substan- tial evidence was presented indicating that said need does not exist, and the local licensing authority hereby finds -2- that the reasonable requirements of the neighborhood 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. 6. The building in which the license is to be operated is now constructed; however, the plans and specifications of the applicant show that the applicant proposes to improve said premises to accommodate the proposed licensed premises and no license should issue until the construction is completed in accordance with the plans and specifications submitted by the applicant and the requirements of the Building Inspector made in 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 TAVERN LICENSE BE IT RESOLVED by the Local Liquor Licensing Authority of the City of Fort Collins, Colorado that the application of Dann�7 Rogers, d/b/a Red Garter Tavern, for a Tavern 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 -3- ►1 • 0 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. 1976. Passed and adopted this 17th day of November, A.D. -4- Final Hearing on a 3.2% Class B Fermented Malt Beverage License for Panhandlers Inc. dba Panhandlers, 607 South Mason, Approved Chairman Seegmiller read the rules of procedure then inquired if there was anyone in opposition to this application, hearing, none, he directed the applicants to proceed. City Clerk Verna Lewis reported the premises had been posted and notice duly given regarding the hearing. No objections to this application have been received. Attorney Thomas W. Metcalf,representing the applicant,called Mr. Donald Gunn who was sworn by the court reporter and gave testimony regarding the proposed outlet; to be a carry -out for pizza and 3.2% beer. Mr. Gunn further gave testimony regarding applicant's Exhibit No. 1 in support of the application. Elizabeth Bruno, wife of Mr. Gunn, was sworn by the court reporter, and gave testimony relative to her involvement in this operation and the other licensed outlet owned by Mr. Gunn, and also to her knowledge of the requirements for checking identification. Ms. Bruno also testified to applicant's Exhibit No. 2 being petitions signed by owners, managersand employees of businesses in the neighborhood personally circulated and witnessed by herself. Ms. Joyce Reninger, employee of Panhandlers on West Elizabeth Street, was sworn by the court reporter and gave testimony regarding applicant's Exhibit No. 3 being petitions circulated to customers at the West Elizabeth location and neighbors around the Mason Street location. Ms. Reninger also gave testimony relative to applicant's Exhibit No. 4 being petitions circulated to residents in the neighborhood. Attorney Metcalf stated for the record that there are over 200 residents within the 2,000 foot radius designated by the Authority as the neighborhood, and over 400 signatures in support of the application. There being no further evidence on this matter, Chairman Seegmiller declared the hearing closed. Authority member Stoner made a motion, seconded by Authority member Bean to approve the application for a 3.2% Class B Fermented Malt Beverage License for Panhandlers Inc. dba Panhandlers, 607 South Mason. The Chairman put the motion with the following vote: Yeas: Authority members Bean, Renz, Seegmiller and Stoner. Nays: None. -5- • Application for a Tavern License Submitted by Stephen G. Ackerman dba Sam's, 162 Linden Street Set For Hearing City Clerk Verna Lewis read the recommendation of the administration on the boundaries. "North from the subject premises to the City Limits. South from the subject premises to Prospect Street. East from the subject premises to Riverside and Lemay, following the City Limits to the North. West from the subject premises to Shields Street." Assistant City Attorney Ramsey Myatt stated the file was deficient in the following particulars: 1. three reference letters 2. a trade name affidavit 3. a lease agreement rental agreement or deed. Mr. Ackerman listed the deficiencies and stated the boundaries proposed by the administration were accentable to him. Authority member Renz made a motion, seconded by Authority member Bean to accept the application,that the boundaries recommended by the administration be established and that the final hearing be set for December 15, 1976. The Chairman put the motion which was unanimously adopted. Change of Ownership from Gustav Miklos dba Ace Liquors to Michael & Paulette Wolf dba Ace Liquors, 200 East Mountain Avenue, to be Scheduled for a Special Meeti Assistant City Attorney Myatt stated the application was in order; the only thing he had indicated was there needed to be a "withdrawal of the trade name affidavit" by Gustav Miklos and a trade name affidavit substituted for the Wolf's indicating that they are entitled to use the name "Ace Liquors." Mr. Richard Anderson, representing the Wolfs in the purchase of the licensed outlet as a sales representative for Century 21, stated the Wolfs were concluding their farming operations prior to their move. They anticipate taking possession in the first part of December. M Assistant City Attorney Myatt inquired if the Wolfs were familiar with the recent problems associated with Ace Liquors concerning the sales to underage persons. Mr. Anderson stated he could not answer as he was unaware of any problems in the recent past. Mr. Anderson indicated that Mr. Miklos would be assisting the Wolfs, according to the terms of their contract for a one month period to establish procedures for checking I.D.'s, etc. Sergeant Bob Mason stated the Wolfs had not had a personal interview with the Police Department, the records indicated nothing derogatory. Assistant City Attorney Myatt stated that if the Authority trans- ferred the license, it would be done at this meeting, and not on December 13, 1976 as indicated by Mr. Anderson as the closing date; further, if Mr. Miklos was going to be running the business, the Wolfs would have to provide a management agreement. Chairman Seegmiller advised Mr. Anderson that at present there is a suspension pending on this license as held by Mr. Miklos. Authority member Renz made a motion, seconded by Authority member Stoner to approve the transfer contingent upon a personal interview by the Wolfs with the Police Department, a new trade name affidavit, and a management agreement, if necessary. The Chairman put the motion with the following vote: Yeas: Authority member Renz. Nays: Authority members Bean and Seegmiller. Authority member Stoner abstained. Authority members Bean and Seegmiller stated they voted in the nega- tive because they wished to personally interview the new owners. Authority member Bean made a motion, seconded by Authority member Stoner that the Authority would be willing to schedule a special meeting at such time as the transferees could be present. The Chairman put the motion with the following vote: Yeas: Authority members Bean, Seegmiller and Stoner. Nays: None. Authority member Renz abstained. Application for a Beer and Wine License Accepted from Walter Huang dba China Palace, 117 South College Avenue Accepted and Hearing Dates Set Assistant City Attorney Myatt stated the file is not complete: two reference letters are deficient and the plans of the outlet. -7- Authority member Renz made a motion, seconded by Authority member Bean to accept the application from Walter Huang and set the hearing dates for December 15, 1976 and January 12, 1977. The Chairman put the motion which was unanimously adopted. Renewal of Hotel -Restaurant Liquor License with Extended Hours for Northern Hotel Restaurant & Lounge, 172 North College Approved City Clerk Verna Lewis stated this is a routine renewal with a negative Police report. Authority member Bean made a motion, seconded by Authority member Renz to approve the renewal. The Chairman put the motion which was unanimously adopted. The Chairman declared a five minute recess. Renewal of 3.2% Fermented Malt Beverage License for National Convenience Stores, Inc. dba Shop 'N Go Market, 1330 W. Elizabeth, Approved City Clerk Verna Lewis stated this is a routine renewal with a negative police report with a recommendation for approval. Authority member Stoner made a motion, seconded by Authority member Renz to approve the renewal. The Chairman put the motion with the following vote: Yeas: Authority members Renz, Seegmiller and Stoner. Nays: None. (Authority member Bean out of room.) Renewal of 3.2% Fermented Malt Beverage License for C. J. Streit dba The Gondolier, 746 North College Avenue, Approved City Clerk Verna Lewis informed the Authority this is a routine renewal with a negative police report, and a recommendation for renewal. Authority member Renz made a motion, seconded by Authority member Stoner to approve the renewal. The Chairman put the motion with the following vote: Yeas: Authority members Seegmiller and Renz. Nays: None. Authority member Stoner abstained and Authority member Bean was out of the room. we W-j Renewal of Retail Liquor Store License for Bill's Aggie Liquors, 429 Canyon Avenue, Approved City Clerk Verna Lewis read the Police Department report into the record: On October 2, 1976 William G. Goff made application for renewal of his Malt, Venous, and Spirituous Liquor License. On November 4, 1976 this officer received the application for review. This Officer checked the records of the Fort Collins Police Department and the Larimer County Sheriff's Office and found five incidents reported by Aggie Liquor of the use of fake I.D. cards and one disturbance. This is a good indication of the cooperation of Aggie Liquor and the Police Department. RECOMMENDATION: The investigation has revealed nothing derogatory and we would, therefore, recommend approval of this application. Authority member Stoner made a motion, seconded by Authority member Bean to approve the renewal. The Chairman put the motion which was unanimously adopted. Renewal of Retail Liquor Store License for South College Liquors, 2724 South College Avenue, Approved City Clerk Verna Lewis stated this is routine renewal with a negative police report and a recommendation for approval. Authority member Bean made a motion, seconded by Authority member Renz to approve the renewal of the retail liquor store license for South College Liquors. The Chairman put the motion which was unanimously adopted. Renewal of Retail Liquor Store License for )us West Liquors, 1107 City Park Avenue, Ap Following is the Police Department report and recommendation: On October 28, 1976 the above named individuals made application for the renewal of their Malt, Venous and Spirituous Liquor License. On November 1, this officer received the application for review. n This officer checked the records of the Fort Collins Police Department and the Larimer County Sheriff's Office and found on March 12, 1976 (Case No. 76-3384) a liquor law violation occurred. A recommendation was made to the Authority to the effect that a letter of warning be written. A letter of warning was issued by the Authority. There were no other vio- lations noted in the records. The owners and employees have reported three cases of the attempted use of fake I.D.'s to the Police in recent months. Summons were issued to the people using the Fake I.D.'s. RECOMMENDATION: The investigation has revealed nothing derogatory and we would, therefore, recommend approval of this application. Authority member Renz made a motion, seconded by Authority member Stoner to approve the renewal of the retail liquor license for Campus West Liquors. The Chairman put the motion which was unani- mously adopted. Renewal of Club License for V.F.W. Rocky Mountain Post 1781, 201 Linden Street, Approved Following is the Police Department report and recommendation: On November 2, 1976 the above named establishment made application for renewal of a Malt, Venous, and Spirituous Liquor License. On November 3, this officer received the application for review. This officer checked the records of the Fort Collins Police Department and the Larimer County Sheriff's Office and found no violations recorded. Two incident reports were on file with the Fort Collins Police Department requesting assistance with a customer problem. This indicated cooperation between the management and the Fort Collins Police Department. RECOMMENDATION: The investigation has revealed nothing derogatory and we would, therefore, recommend approval of this application. Authority member Stoner made a motion, seconded by Authority member Bean to approve the renewal of a club license for V.F.W. Rocky Mountain Post 1781. The Chairman put the motion which was unani- mously adopted. Renewal of Tavern License for Gene's Tavern, 200 Walnut Street. ADDroved Following is the Police Department report and recommendation: On October 28, 1976 the above named individual made application for renewal of a Tavern License -Vinous and Spirituous Liquor License. On November 1, 1976 this officer received the application for review. -10- • In checking the records of the Fort Collins Police Department and the Larimer County Sheriff's Office, the following was recorded. On July 23, 1976 an alleged liquor law violation occurred (FCPD Case #76-9986) involving drinking after hours. A verbal warning was given by Officer Groves of the Fort Collins Police Department. On August 14, 1976 an alleged violation (FCPD Case #76-11137) involving underage drinking occurred. This was heard at the August 25, meeting of the Licensing Authority at which time it was recommended that a letter of reprimand be sent to Mr. Gene Kapperman. The letter was written and sent by Mr. Ramsey D. Myatt, Assistant City Attorney. The records also reflect fourteen disturbance incidents were reported,during the license period, to the Fort Collins Police Department. The disturbances were of the customer vs, customer type and were reported by the tavern. It is also noted in the records that two assists, to ambulance cases were reported and two persons were taken into protective custody. It is recommended that a warning be issued to Mr. Kapperman regarding the reporting of all incidents taking place within the tavern which are violations of law and that they be reported to the Fort Collins Police Department. RECOMMENDATION: The investigation has revealed only those incidents listed above and we would, therefore, recommend approval of this application. Authority member Stoner made a motion, seconded by Authority member Bean to approve the renewal for the tavern license for Gene Kapperman dba Gene's Tavern and that the City Attorney be requested to direct a stern letter of warning to the licensee regarding the reporting of incidents to the Police Department. The Chairman put the motion with the following vote: Yeas: Authority members Bean, Seegmiller, and Stoner. Nays: Authority member Renz. Renewal of Hotel Restaurant Liquor License for Round the Corner Restaurant Inc., dba Out of Bounds, Approved Following is the Police Department report and recommendation: On November 4, 1976 the above named corporation made application for renewal of their Hotel -Restaurant; Malt, Venous, and Spirituous Liquor License. On November 8, this officer received the application for review. This officer checked the records of the Fort Collins Police Department and the Larimer County Sheriff's Office and found two incidents of allowing persons to become intoxicated while in the Out of Bounds Restaurant. (FCPD Case #76-01852) Officer Showalter removed a male person from the restaurant on February 7, 1976 for being intoxicated. The person was placed in jail for protective custody, disorderly conduct and inter- ference. The second incident noted was August 24, 1976 when a male subject was taken into protective custody (FCPD Case #76-11675). Officer Groves gave a verbal warning to the Out of Bounds Restaurant Manager at that time. No other incidents were noted. -11- RECOMMENDATION: I recommend a letter be written addressing the two incidents noted in the past year and this letter forwarded to the management of the Out of Bounds Restaurant. There being nothing further derogatory we would, therefore, recommend approval of this application. City Clerk Verna Lewis stated the licensee had also designated a new manager. Sergeant Mason informed the Authority that the investigation on the new manager was not completed at this time. The Authority reviewed the regulation (S.B. 17) providing for "Registered Managers." Authority member Bean made a motion, seconded by Authority member Stoner that the Authority approve new managers based upon a negative police report. The Chairman put the motion with the following vote: Yeas: Authority members Bean, Seegmiller and Stoner. Nays: Authority member Renz. Authority member Bean made a motion, seconded by Authority member Renz to approve the renewal application for Round the Corner Inc. dba Out of Bounds Restaurant and that the City Attorney be requested to direct a letter of concern regarding the two (above) incidents to the management of the Out of Bounds. The Chairman put the motion which was unanimously adopted. Authority member Renz made a motion, seconded by Authority member Bean to table consideration of the new manager for the Out of Bounds to December 15, 1976. The Chairman put the motion which was unanimously adopted. Renewal of Hotel Restaurant License with Extended Hours and Registration of a New Manager for Moot House, 2626 South College, Approved City Clerk Verna Lewis stated this is a routine renewal with a negative Police Report and a recommendation for approval. This licensed outlet is also designating a new manager. Authority member Bean made a motion, seconded by Authority member Stoner to approve the renewal of the hotel restaurant license with extended hours. The Chairman put the motion which was unanimously adopted. Authority member Renz made a motion, seconded by Authority member Stoner to table consideration of the new manager pending a police investigation as to whether he is also listed as a manager of another establishment. -12- The Chairman put the motion with the following vote: Yeas: Authority members Renz, Seegmiller and Stoner. Nays: Authority member Bean. Renewal of Hotel Restaurant License with Extended Hours and Registration of Manager for Catacombs Restaurant, 115 South College, Approved Following is the Police Department report and recommendation: On November 10, 1976 the above named corporation made application for renewal of their Malt, Venous, and Spirituous Liquor License. On the same day this officer received the application for review. In checking the records of the Fort Collins Police Department and the Larimer County Sheriff's Office it was found that five incidents of customer problems were noted in the past year. One arrest was made for disorderly conduct which the management of the restaurant initiated by calling the Police Department. The other incidents were of the type of customers being asked to leave the premises because of unruly conduct. Incident (FCPD Case #76-14821) was noted in the records as a conflict between Mr. Nico Zentveld and two Fort Collins Police Officers in uniform and the request of Mr. Zentveld for the officers to produce identi- fication before entering his restaurant. The officers had identified themselves by being in uniform, the display of the Fort Collins Police badge, and stating they were Fort Collins Police Officers. The conflict was resolved later, as indicated in the incident report, by the super- visor of the officers involved warning Mr. Zentveld of his actions. One incident of a liquor law violation was found (FCPD Case #76-00683.) This incident was witnessed by Officer Jeff Groves of the Fort Collins Police Department. The drinks were seized as evidence; the three persons were taken into custody and later released at the police department. The case was referred to the Licensing Authority for disposi- tion. The disposition being a seven (7) day suspension, which was suspended. RECOMMENDATION: It is recommended that a letter be written to the licensee stating the Authority's point of view in relation to these violations and the operation of this business. The investigation has revealed no other violations and we would, therefore, recommend approval of this application. City Clerk Verna Lewis reported the manager designated is the licensee. Authority member Bean made a motion, seconded by Authority member Renz to approve the renewal of a hotel restaurant liquor license with extended hours and the registration of the manager and request the City Attorney to direct a letter to the licenseeexpressing the Authority's concern regarding the previous violations. The Chairman put the motion which was unanimously adopted. Renewal for Retail Liquor License for Johnny's Liquors, 111 West Prospect, Approved Following is the Police Department report and recommendation on this item: On November 11, 1976 the above named individuals made application for renewal of their retail liquor store license. On the same day, this officer received the application for review. This officer checked the records of the Fort Collins Police Department and the Larimer County Sheriff's Office and found one incident recorded (FCPD Case #76-13378) of a liquor law violation. The case was brought before the Liquor Licensing Authority on October 20, 1976 and the Authority, on that date, directed the City Attorney to send a letter of reprimand to the licensee. No other incidents were found. RECOMMENDATION: No other incidents were found and we would, therefore, recommend approval of this application. Authority member Bean made a motion, seconded by Authority member Stoner to approve the renewal of a retail liquor store license for Johnny's Liquors. The Chairman put the motion which was unanimously adopted. -14- Renewal and Change of Hotel Restaurant License to a Tavern License for Pagoda Enterprises Inc., Approved This is a routine renewal with a change to a tavern license. The Police report is negative with a recommendation for approval. Authority member Stoner made a motion, seconded by Authority member Bean to approve the change and grant the renewal. The Chairman put the motion which was unanimously adopted. Resolutions Granting 3.2% Class B Fermented Malt Beverage Licenses to Richard and Carol Fitzgerald dba The Country Store, 1517 Lemay Avenue and 1700 West Mulberry The Authority considered both of these resolutions at one time. Copies have been provided to the Authority. Authority member Renz made a motion, seconded by Authority member Stoner to adopt both resolutions. The Chairman put the motion which was unanimously adopted. RESOLUTION OF THE LIQUOR LICENSING AUTHORITY OF THE CITY OF FORT COLLINS CONCERNING AN APPLICATION FOR A CLASS B LICENSE TO SELL NON -INTOXICATING MALT LIQUOR AND SETTING FORTH THE FINDINGS OF THE LIQUOR LICENSING AUTHORITY ON SAID APPLICATION The application of Richard Fitzgerald and Carol Fitzgerald, d/b/a Country Store, for a Class B License for the sale of non -intoxicating malt liquor came on for hearing on October 20, 1976, before the Liquor Licensing Authority of the City of Fort Collins, and the Liquor Licensing Authority having heard the testimony and received the evidence produced at said hearing and having considered and weighed the same and being familiar with the neighborhood for which the license is sought, now makes the following findings: -15- 1. The license sought by the applicant is for a location at 1700 West Mulberry, Fort Collins, Colorado, said site being occupied as a convenient store, the license being sought in connection with such business. 2. The testimony and petitions presented by the appli- cant at the hearing were to the effect that the inhabitants of the neighborhood desire that the license be granted and the needs of the neighborhood require the granting of this license. No testimony or petitions were presented contrary to this position of the applicant. It is therefore the opinion and finding of the Liquor Licensing Authority that: A. The inhabitants of the neighborhood desire that the license be granted. B. The needs of the neighborhood require the granting of the license. NOW, THEREFORE, be it resolved by the Liquor Licensing Authority of the City of Fort Collins that the application of Richard Fitzgerald and Carol Fitzgerald, d/b/a Country Store, for a Class B License for the sale of non -intoxicating malt liquor at 1700 West Mulberry, Fort Collins, Colorado be and the same is hereby granted. Passed and adopted at a regular meeting of the Liquor Licensing Authority of the City of Fort Collins, Colorado, held this 17th day of November, A.D. 1976.. -16- RESOLUTION OF THE LIQUOR LICENSING AUTHORITY OF THE CITY OF FORT COLLINS CONCERNING AN APPLICATION FOR A CLASS B LICENSE TO SELL NON -INTOXICATING MALT LIQUOR AND SETTING FORTH THE FINDINGS OF THE LIQUOR LICENSING AUTHORITY ON SAID APPLICATION The application of Richard Fitzgerald and Carol Fitzgerald, d/b/a Country Store, for a Class B License for the sale of non -intoxicating malt liquor came on for hearing on October 20, 1976, before the Liquor Licensing Authority of the City of Fort Collins, and the Liquor Licensing Authority having heard the testimony and received the evidence produced at said hearing and having considered and weighed the same and being familiar with the neighborhood for which the license is sought, now makes the following findings: 1. The license sought by the applicant is for a location at 1517 Lemay Avenue, Fort Collins, Colorado, said site being occupied as a convenient store, the license being sought in connection with such business. -17- 2. The testimony and petitions presented by the appli- cant at the hearing were to the effect that the inhabitants of the neighborhood desire that the license be granted and the needs of the neighborhood require the granting of this license. No testimony or petitions were presented contrary to this position of the applicant. It is therefore the opinion and finding of the Liquor Licensing Authority that: A. The inhabitants of the neighborhood desire that the license be granted. B. The needs of the neighborhood require the granting of the license. NOW, THEREFORE, be it resolved by the Liquor Licensing Authority of the City of Fort Collins that the application of Richard Fitzgerald and Carol Fitzgerald, d/b/a Country Store, for a Class B License for the sale of non -intoxicating malt liquor at 1517 Lemay Avenue, Fort Collins, Colorado be and the same is hereby granted. Passed and adopted at a regular meeting of the Liquor Licensing Authority of the City of Fort Collins, Colorado, IM Letter of Reprimand Authorized to Safeway Store, 425 South College Following is the Police Department report and recommendation on this item: On October 22, 1976 at approximately 9:09 p.m., this officer was on routine patrol checking various liquor outlets within the city when I observed several subjects pull into Shop-N-Go at 802 South College. The subjects exchanged money, then one went in and attempted to purchase some beer. He was refused. The subjects then entered a vehicle and went to Mulberry Safeway. At that location I observed the same subject get out and go into Safeway. He later exited with a paper sack and returned to the vehicle. I made contact with the vehicle a short time later behind Campus Shop in the 100 block of West Laurel, where I found all six subjects drinking beer. Further investigation showed that all were under age. The one subject who bought the beer told me that at no time was he ever asked for any identification; subject was 16 years old. RECOMMENDATION: It is recommended that a written letter of warning be issued to the licensee. Authority member Renz made a motion, seconded by Authority member Bean that the recommendation of the Police Department be approved; a copy of the letter to be sent to the District Manager of Safeway. The Chairman put the motion which was unanimously adopted. Show Cause Hearing Scheduled r Pine Tavern. 244 Pine Street Following is the Police Department report and recommendation on this item: On November 6, 1976, at 8:53 p.m., Officer Chuck Cross of the Fort Collins Police Department was contacted by Wanda Ybarra. Miss Ybarra reported that her sister, who was under 18 years of age, was in the Pine Tavern and was being served beer. Officer Cross investigated and found the person that was reported under age setting at the bar with one open beer in front of her on the bar. Officer Cross picked up the beer, took the female subject into custody, and took them to the Police Department. The female subject was determined to be under 18 years of age. -19- RECOMMENDATION: The above alleged violation is the third to be brought to the attention -of the Police Department in recent months. Two of the violations were for not reporting disturbances and this last one of serving to a person under age 18. The incidents of not reporting disturbances were resolved by verbal warnings. It is felt at this time that further action is required, therefore, the Police Department requests that a hearing be held to determine whether or not the license of the Pine Tavern should be suspended or revoked. Authority member Renz made a motion, seconded by Authority member Bean that the show cause hearing be held on the alleged violation of serving to a person under age 18. The Chairman put the motion with the following vote: Yeas: Authority members Bean, Renz and Seegmiller. Nays: None. Authority member Stoner abstained. Hearing to Show Cause Why the 3.2% Fermented Malt Beverage License Held by National Convenience Food Stores dba Shop 'N Go Market at 802 South College Avenue Should be Suspended or Revoked Assistant City Attorney Myatt stated he had received a call from Mr. Joe Stollar, Attorney for National Convenience Stores dba Shop 'N Go Markets, responding to a letter which included a copy of the field incident report and a copy of the Police Department letter. Mr. Stollar indicated that he felt the outlet was probably in violation and that they would agree that they were in violation; they did not want to go to the expense of the hearing, nor did they want to have an attorney come to Fort Collins from Denver to represent them and increase the costs. Further, the attorney had stated that if they could handle it much the same as a disposition in court, where they would, by letter, agree to having incurred the violation, they would also agree that if the Authority at this meeting could make some reasonable disposition, they would agree to a suspension of the license of five or seven days because they feel the suspension would be deserved. Authority member Stoner made a motion, seconded by Authority member Bean that the Authority accept their (National Convenience Food Stores dba Shop 'N Go Market at 802 South College Avenue) stipulation that a violation did occur and accept their stipulation for a suspension for 7 days commencing December 1 and ending December 7, 1976. -20- City Attorney Myatt stated he did not feel the attorney for Shop 'N Go had the power to bind them to the action taken by the Authority and therefore advised the Authority that he would advise National Convenience Stores, by letter, of the Authority's action and request immediate notification if the terms were acceptable to them, otherwise, the hearing would be held in December. The Authority agreed to this procedure. Other Business Chairman Seegmiller spoke to his personal concern should CSU apply for a 3.2% Malt Beverage License for Moby Gym. The Authority took no action pending, the absence of any actual application. Adjournment Authority member Stoner made a motion, seconded by Authority member Bean to adjourn. The Chairman put the motion which was unanimously adopted. ATTEST: City Clerk Chairman -21-