HomeMy WebLinkAboutLiquor Licensing Authority - Minutes - 10/20/1976October 20, 1976
LIQUOR LICENSING AUTHORITY
Regular Meeting - 7:30 P.M.
A regular meeting of the Liquor Licensing Authority of the City
of Fort Collins was held on Wednesday, October 20, 1976 at
7:30 p.m. in the Council Chambers in the City of Fort Collins
City Hall. Roll call was answered by Authority members Bean,
Renz, Seegmiller, Stoner and Wilson.
Staff Members Present: Officer Jeff Groves, Sgt. Mason and
Deputy City Clerk LaVonne Dowell.
Also: Assistant City Attorney Ramsey Myatt.
Minutes Corrected, Then Approved
The Chairman called for additions or corrections to the minutes.
Authority member Renz called to the attention of the Authority
the following corrections:
a). page 8, bottom of page, in number 1, the word "charge" should
say "change."
b), page 8, vote for a letter of reprimand on violation of
Pizza Hut should reveal that Authority member Stoner voted
nay. if
Chairman Seegmiller stated that corrections were needed on:
a). page 4, Chairman abstained on the vote.
b). page 7, requested word'kdvised" be changed to "told."
Authority member Stoner made a motion, seconded by Authority member
Bean to approve the minutes as corrected. The Chairman put the
motion which was unanimously adopted.
Hearing on a Tavern Liquor License Application
for Danny Rogers dba Red Garter Tavern
117 Linden Street
The Chairman read the Rules of Procedure at length.
Deputy City Clerk, LaVonne Dowell read at length the following
resolution setting forth the findings from the Preliminary
Hearing,.
RESOLUTION
OF THE LIQUOR LICENSING AUTHORITY OF FORT
COLLINS SETTING FORTH FINDINGS ON A PRELIMIN-
ARY HEARING ON A LIQUOR LICENSE APPLICATION
WHEREAS, heretofore, Danny Rogers, doing business as
Red Garter Tavern, made application to the Liquor Licensing
Authority for a tavern 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 20th day of October, 1976:
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.
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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,
South from the subject premises to Prospect Street,
East from the subject premises to Riverside and Lemay,
following the City limits North and West from the
subject premises to Shields Street.
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.
5. That the application is in proper form and will be
heard by the authority on October 20, 1976.
Passed and adopted at a regular meeting of the Liquor
Licensing Authority held this 20th day of Oqtober, 1976.
ATTEST:
asV'v� 4�e�
City Clerk
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Authority member Renz made a motion, seconded by Authority member
Bean to adopt the Resolution as read. The Chairman put the
motion which was unanimously adopted.
Mr. Danny Rogers, applicant, was sworn by Deputy City Clerk
LaVonne Dowell before giving testimony. Mr. Rogers presented
petitions in support of the application. Exhibit "A" were
petitions signed by patrons of the Town Pump who were over 21.
Signatures were witnessed by Mr. Rogers. Exhibit "B" petitions
were circulated by Mary Jane Thompson in the business area,
signed by employees and owners.
Exhibit "C" petitions were circulated by Shelley Sink to residents
of the general neighborhood. There were a total of 644 persons
in support of the proposed operation with 6 persons signing the
petitions in opposition. The Authority reviewed the petitions
at length.
Mr. Rogers next presented the plans and reviewed them at length
describing the proposed operation at length, the location of
serving areas, seating capacity, mini delicatessen and general
decor.
Exhibit "D" presented�a letter from Chief of Police Ralph M.
Smith dated August 9, 1974 which was read into the record:
Danny Rogers, Manager
The Town Pump
124 N. College Avenue
Fort Collins, Colorado 80521
Dear Mr. Rogers:
Officer Jim Kyle related the story to me regarding you and
your establishment that I found very refreshing and I wanted you
to know that we do appreciate your efforts on our behalf.
Officer Kyle advised me that you very quickly put a stop to
one individual hassling the police. This act on your part certainly
gained a great deal of respect for you from the officers. I know
that you were in a very difficult position and I think that your
efforts on our behalf were certainly commendable - you have the
thanks of the entire Fort Collins Police Department.
Sincerely, //
&-
/Ra1 h Z' Smith
Chief of Police
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Mr. Mike West, a customer of the Town Pump was called and sworn.
He gave testimony in support of the application stating the
need for a place to provide the kind of service and entertainment
Mr.?ogers proposed.
Authority member Renz made a motion, seconded by Authority member
Bean to approve the application for a tavern license submitted
by Danny Rogers, dba Red Garter Tavern, 117 Linden Street. The
Chairman put the motion with the following vote: Yeas: Authority
members Bean, Renz, Seegmiller and Wilson. Abstained: Authority
member Stoner.
Hearing on an Application for a 3.2% Class B,
Fermented Malt Beverage License Submitted by
Richard and Carol Fitzgerald dba The Country Store,
1517 Lemav
Mr. Tom Metcalf, attorney representing the applicant,called
Mr. Gerald Fitzgerald to give testimony who was sworn before
giving testimony.
Mr. Fitzgerald stated he owned the Country Store at 830 South
College as well as the store at 1517 Lemay. The store manager
is Mr. Edwin Fitzgerald, father of Gerald Fitzgerald.
Exhibit "A", petitions circulated by Mr. Fitzgerald to residents
of the area.
Exhibit "D" being a map of the area showing the 2,000 foot radius.
Exhibit "B" was presented, being petitions that were on the
counter in the store signed by customers.
Mr. Edwin Fitzgerald was next called and sworn. Exhibit "E" was
presented,being petitions circulated by Mr. Fitzgerald to residents
of the area.
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 submitted by Richard and Carol Fitzgerald dba
The Country Store, 1517 Lemay Avenue. The Chairman put the motion
which was unanimously adopted.
Hearing on an Application for a 3.2% Class B,
Fermented Malt Beverage License Submitted by
Richard and Carol Fitzgerald dba The Country Store, ✓
1700 West Mulberry
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Tom Metcalf, attorney for the applicant, called Mr. Richard
Fitzgerald who was still under oath having, been sworn to give
testimony during the previous hearing.
Exhibit "A" presented, being petitions signed by residents of
the neighborhood.
Exhibit "C" presented, being petitions signed by patrons of the
store.
Exhibit "B" being a map showing the 2,000 foot radius.
Mrs. Carol Fitzgerald will be the store manager.
Authority member Stoner made a motion, seconded by Authority
member Renz to approve the application submitted by Richard and
Carol Fitzgerald dba The Country Store, 1700 West Mulberry.
The Chairman put the motion which was unanimously adopted.
Hearing to Show/Cause Why the Retail
Liquor Store License for Ace Liquors Should Not
Be Suspended or Revoked
Following is the report from Officer Jeff Groves from the Police
Department.
SUBJECT: Alleged violation at Ace Liquors, 200 East Mountain Avenue,
(FCPD Case #76-12588)
Sir:
On September 10, 1976 at 8:44 p.m., I assisted two other officers
of the Police'Department at Ace Liquors. The investigation led to the fact
that three subjects involved in an accident at this same location had
earlier purchased alcohol from Ace Liquors., None of the three subjects
were 21 years old.
RECOMMENDATION:
This marks the fourth incident that will have been brought to the
Authority's attention within a period of six months. One of these four
incidents was determined by the Authority not to be a violation. The other
two were found as violations, with one of the two resulting in a suspension
hearing. Both of these final incidents resulted in eventual letters of
warning to the licensee. It is felt at this time that further action is
again required. Therefore, the Police Department requests that a suspension
hearing be held to determine whether or not the license of Ace Liquors should
be suspended or revoked.
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Officer Jeff Groves was called by Joe Carroll, Assistant City
Attorney, and sworn before giving testimony regarding the above
incident. Exhibit "A" being a Colorado Temporary Driver's License
and Exhibit "B" being a Certificate of Birth were presented.
Attorney David Wood, representing Ace Liquors, cross-examined
Officer Groves regarding the license holder's cooperation and
attitude toward the laws governing liquor sales.
Joe Carroll, Assistant City Attorney, called Steven Bystrom
who was sworn before giving testimony. Mr. Bystrom's statements
covered his purchasing the beer from Ace Liquors.
Attorney David Wood cross-examined Mr. Bystrom regarding his
appearance and identification used to buy the beer from Ace
Liquors.
Mr. William P. Henkel was called by Mr. Wood and sworn before
giving testimony. Mr. Henkel stated he is employed by the license
holder and did in fact help the customer,Mr. Bystrom, who at the
time purported to be a person with the name of James Brandon Piper.
Assistant City Attorney Joe Carroll cross-examined Mr. Henkel
regarding the procedure and actual identification checking.
Mr. Wood, Attorney for the license holder, called Mr. Gustav
Miklos, the license holder who was duly sworn before giving
testimony. Mr. Miklos reviewed his instructions to employees
and the current status of the license and future plans to sell
the establishment at the end of the current license year.
Mr. Miklos was cross-examined by the Assistant City Attorney
Joe Carroll regarding specific valid identification and how
it is checked.
The Chairman stated that the Authority must now decide whether there
was or was not a violation of the laws governing the sale of
liquor and if an acceptable form of identification had been used.
Authority member Renz made a motion, seconded by Authority member
Stoner that there was in fact a violation of the liquor laws.
The Chaiman put the motion which was unanimously adopted.
Authority member Bean made a motion that the license be suspended
for a period of three days, suspend the suspension for as long
as Mr. Miklos remains the licensee, or through the end of the
current license year. The motion was seconded by Authority member
Renz. The Chairman put the motion which was unanimously adopted.
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JChange of Ownership from Keith and Donna Blakeslee
dba Lucky 7 to Lucky 7 Enterprises Ltd. dba
Lucky 7 Club 1201 North College Approved
Attorney Arnaud Newton, representing the applicants, briefly
described the proposed change to the Authority. The Blakeslees
will remain in the corporation and have added Mr. Charles R. Porter
to the corporation.
Mr. Porter was called and gave testimony as to his experience
previous to joining Mr. Blakeslee at the Lucky 7 Club. The
proposed kind of operation was also described.
Authority member Stoner made a motion, seconded by Authority member
Bean to approve the change of ownership of the tavern license
from Keith and Donna Blakeslee dba Lucky 7 Club to Lucky 7
Enterprises Ltd. dba Lucky 7 Club upon satisfactory completion
of the Police Department background check of the additional stock
holders, Mr. and Mrs. Porter. The Chairman put the motion
which was unanimously adopted.
Change of Ownership of Panhandlers from Peter Gunn
and Steven Foster to Panhandlers Inc. dba Panhandlers,
1220 West Elizabeth Approved
Mr. Tom Metcalf, Attorney for the applicants, stated that
Mr. Peter Gunn had purchased all of the interests held by
Steven Foster and had at the same time incorporated the business.
Authority member Renz made a motion, seconded by Authority
member Stoner to approve the change of ownership from Peter Gunn
and Steven Foster dba Panhandlers to Panhandlers Inc. dba
Panhandlers, 1220 West Elizabeth. The Chairman put the motion
which was unanimously adopted.
J New Application for a 3.2% Class B
Fermented Malt Beverage License for Panhandlers Inc.
dba Panhandlers 607 South Mason Accepted Hearing Date Scheduled
Authority member Renz made a motion, seconded by Authority member
Bean to accept the application, set the boundary for the area to
be served at 2,000 feet, and scheduled the hearing, for November 17,
1976. The Chairman put the motion which was unanimously adopted.
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New Application for a Tavern Liquor License from
Stephen G. Ackerman dba Sams, 162 Linden Street
Accepted, Hearing Dates Scheduled
Authority member Renz made a motion, seconded by Authority member
Stoner to accept the application, schedule the preliminary hearing
for November 17, 1976 and the final hearing for December 15,
1976. The Chairman put the motion which was unanimously adopted.
Renewal of Liquor License for Pryntha Winfrey dba
Sportsman's Bar, Changed from Hotel -Restaurant to
Tavern License, Approved
The Deputy City Clerk advised the Authority that at this renewal
time the licensee had been given the opportunity to change to the
new tavern classification or remain in the hotel -restaurant
classification. This applicant has decided to change to the
tavern license.
The Police Department report is as follows:
SUBJECT: Renewal Application, change in class of license for Pryntha J.
Winfrey, d/b/a, Sportsmans Bar, 210 Walnut Street, Fort Collins.
Sir:
On October 4, 1976, the above named individual made application
for renewal of her Hotel -Restaurant Liquor License and at the same time requested
a change in the type of license to a Tavern 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 that a total of twenty-four
(24) disturbances in the above establishment were reported to the police
during the past ,year. The vast majority of these disturbances were customer
vs. customer related and revolved around family arqurnen!.S, !rid Arquments
Fetween friends.
Further checking also shows three letters of warning from the Fort
Collins Liquor Licensing Authority regarding various liquor law violations.
The fi-st violation occurred on December 20, 1975, (FCPD Case # 161821)
and in•iolved the bars; failure to notify the Police Department of a disturbance
In the establishment. This matter was brought to the Authorit3d attention
at its January 1976 meeting at which time a written letter of warning was
issued to the licensee.
The second violation occurred on April 22, 1976 and involved underage
ofsthesAuthorityDands
at#their 2May 1976imeeting s case was also brought to the attention
another written letter of
warning was issued to the licensee.
The third violation consisted of two (2) incidents, one being after
hours consumption 25, 1976, meeting ofdthe eAuthority other iit was ng edetermined r hours rthat there vice. At twas he Anoust
violation conc?ruing the underage service, due to the lack of evidence. However,
a violation was found on the after hours service. This resulted in a third
and final letter of warning being issued to the licensee. Contained in this
final letter was the additional understanding that any further violations
would result in a suspension hearing.
During the course of the past year Mrs. Winfrey had also received
numerous verbal warnings from this officer, regarding violations in her
establishment. Verbal warnings were given to the licensee on case # 76-5752,
May 1, 1976 regarding her employees cooperation with Police Officers; and on
case # 76-6062, May 8, 1976 regarding reporting disturbances to the Police;
and finally on case # 76-7518, June 6, 1976, again on failure to notify
the Police of disturbances. During the time that these warnings were issued
Mrs. Winfrey was advised in detail of her responsibilities with regards to
both the state liquor code and the city ordinances.
Finally, no personal der)gator,�rocords were found on Mrs. Winfrey at
any local law enforcement ageicies.
RECOMMIENDAT IOG :
The Police Department has some deep concerns regarding the renewal
of this license. It has been noted that Mrs. Vinfrey appears to be spending
less and less time in the bar, and as a result she is placing more and more
responsibility on her employees for the operation of the business. From past
experiences it appears that the employees are not suited to handle this
responsibility. The majority of the liquor law violations and other
instances occurred when Mrs. Winfrey was absent from the establishment.
While it is totally unreasonable to assume that she be in the bar at all
times, we feel more direction and management would be appropriate and
might result in fewer disturbances and might also lessen the chance of
another liquor law violation being found .... and the resultant suspension
hearing.
Based on these opinions, we would recommend approval of the
application and additionally, we would urge that the Authority caution
Mrs. Winfrey on these aspects.
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Authority member Bean made a motion, seconded by Authority
member Stoner to approve the renewal for Pryntha Winfrey dba
Sportsman's Bar and also direct the City Attorney's Office
to send a letter of concern regarding the number of violations
during this past year. The Chairman put the motion which was
unanimously adopted.
Renewal of Hotel -Restaurant Liquor License ✓
for BSH Inc. dba The Brothers, 249 South College Avenue
Deputy City Clerk LaVonne Dowell read the following Police
Department Report at length.
SUBJECT: Renewal Application from BSH, Inc., d/b/a, The Brothers,
2"•9 South College, Fort Collins
Si r:
On October 15, 1976, the above named corporation made application
for renewal of their Hotel -Restaurant Liquor License. On the same day this
officer received the application for review.
A check of the records of the Fort Collins Police Department and
the Larimer County Sheriff's Office shows that 15 di>turbances occurred in
the above establishment during the past year. All of these incidents can
be classified as customer vs. customer related, with no injuries resulting
and minor police action required.
Further ch_cking also shows the above esta'A ishment received a
written letter of warning from the Authority at its July, 1976 meeting
reference.FCPD Case n76-9903, for serving an intoxicated person.
Finally, records were checked at all local law enforcement agencies
on all of the officers of the corporation and no derogatory references were
found.
RECOMMENDATION:
The investigation has revealed nothing derogatory and we would,
therefore, recommend approval of the application.
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Authority member Wilson made a motion, seconded by Authority
member Stoner to approve the renewal application for a
hotel -restaurant liquor license for BSH Inc. dba The Brothers,
249 South College Avenue be approved. The Chairman put the
motion which was unanimously adopted.
JRenewal of a 3.2% Class B Fermented Malt Beverage
for Thrifty Foods, 1100 West Mountain Avenue
Approved
This is a routine renewal and the Police Department report
revealed nothing derogatory and recommends approval of the
renewal application.
Authority member Bean made a motion, seconded by Authority
member Stoner to approve the renewal application for a 3.2%
Class B Fermented Malt Beverage License submitted by Thrifty
Foods, 1100 West Mountain. The Chairman put the motion which
was unanimously adopted.
/ Renewal of a 3.2% Class B Fermented Malt Beverage
License for Southland Corp. dba 7-Eleven Store,
3035 West Prospect Street Approved
The Deputy City Clerk advised that this was a routine renewal and
the Police Department report revealed nothing deragatory and
the recommendation from the Police Department recommends to
approve the application to renew the license.
Authority member Bean made a motion, seconded by Authority member
Stoner to approve the renewal application for a 3.2% Class B,
Fermented Malt Beverage License for Southland Corp. dba 7-Eleven
Store, 3035 West Prospect Street. The Chairman put the motion
which was unanimously adopted.
J Renewal of a 3.2% Class A Fermented Malt Beverage
License for Round the Corner Restaurant,
_ 101 West Swallow Drive Approved
This is a routine renewal and the Police Department report reveals
nothing derogatory and the recommendation is to approve the
renewal application.
Authority member Renz made a motion, seconded by Authority member
Stoner to approve the renewal application for a 3.2% Class A
Fermented Malt Beverage License for Round the Corner Restaurant,
101 West Swallow Drive. The Chairman put the motion which was
unanimously adopted.
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Renewal of a 3.2% Class C Fermented Malt Beverage
License for Joseph J. Borghi dba TJ's,
142 Linden Street Approved
Following is the Police Department report:
SUBJECT: Renewal Application for Joseph J. Borghi, d/b/a, T.J.'s
142 Linden, Fort Collins
Si r:
On September 29, 1976, the above named individual made application
for renewal of his 3.2% Fermented Malt Beverage License. (n the same date
this officer received the application for review.
In checking the records of the Fort Allins Police Department it
should be noted that various violations were f )und for the above establish-
ment. In a letter from the City Attorney's of'ice, dated February 13, 1976,
Mr. Borghi received essentially two warnings. One warning was for serving
underage (FCPD Case #159015) and the other was in referenc,> to selling
beer on Christmas.Day (FCPD Case #162063.) Mr. Borghi was also issued a
summons for Municipal Court regarding the sale of beer on .hristmas Day.
In January of 1976 he was found guilty, fined 000. with $75. of the fine
suspended.. Mr. Borghi also received a stern verbal reprimand from the
Authority members for an additional underage violation within his establishment
(FCPD Case #76-00852) at the February 11, 1976 meeting.
A further records check indicates tfat Mr. Borghi also received
a written warning from Patrol Officer Robert Foster for failure to have a
sign posted stating that the police department: would be notified of all
disturbances, as is required by City Ordinance #33-23. This occurred in
November of 1975, and the situation was corrected by Mr. Borghi within a
weeks time.
A suspension hearing was also held regarding T.J.'s Bar
of 1976. The Authority at this time determined that a violation
however, they chose not to take any action on the violation.
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in July
had occurred,
In addition, there were 13 disturbances reported within this
establishment during the past year, all of which can be classified as
customer vs. customer. One disturbance in particular should be noted,
which is TPD Case #76-6110. This particular disturbance had 30 or more
people:,according to one officer's estimate, fighting at one time. A
minimUm of six people were arrested for various charg3s of disturbance,
resisting arrest and interference.
Final checking of records shows no porsonal derogatory records
on Mr. Borghi at any local law enforcement agencies.
RECOMK IDATION:
The Police Department does have reservations about the renewal
of this license, particularly in one area which can be summed up in one
word....control. It is felt that the two incidents previously mentioned
(T-shire: contest, and the above disturbance) snowed a definite lack of
control by Mr. Borghi. Too riany people in too small a place, combined with
a lack of prior planning, resulted in large crowds which he was not prepared
to handle. The T-shirt contest could have re:=ulted in something far more
destructive, to both life and property than the large disturbance did, however,
it did not. We would recommend approval of tfe application along with a
word of caution from i:he Authority to Mr. Borghi. Mr. Borghi has always
exhibited a high degree of cooperation with to Police Department and we
are sure that this will continue in'.the future. This,coupled lith increased
planning for these functions, should result in an avoidance of these large
unmanageable crowd si"wations.
Authority member Renz made a motion, seconded by Authority mer!.ber.
Bean to approve the application to renew the 3.2% Class C
Fermented Malt. Beverage License for Joseph J. Borghi dba TJ's,
142 Linden Street and direct the City Attorney to write a letter
to the license holder expressing the Authority's concern over
the incidents during the past several months. The Chairman put
the motion with the following vote: Yeas: Authority members
Bean, Renz, Seegmiller and Wilson. Nays: Authority member Stoner.
(Auhe is
osed to the
but herisymember opposed tooner writingtadletter tottheplicense holder.)
JRenewal of a 3.2% Class A Fermented
License for McDonald's Poor
708 South College, Aonn
The Police Department report is as follows:
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Malt Beverage
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SUBJECT: Renewal Application for McDonald's Poor Boy Subs Inc., d/b/a,
McDonald's Poor Boy Sub Shop, 708 South College Avenue, Fort
Collins.
Sir:
On Sentember 25, 1976, the above named corporation made application
for renewal of their 3.2% Fermented Malt Beverage License. On.the same date
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 violation for the above
named establ i shment duri ng the past year. Case # 76-5306, refers to an
after-hours violation at which time Officer Chuck Cross found consumption on
the premises at 1:46 a.m. on April 24, 1976.
Further checking shows no derogatory records on any of the corporate
officers or local managers.'
RECOMMENDATION:
The investigation has revealed only one minor violation, with no
cases of disturbance or any other problems. We therefore, recommend approval
of this renewal application.
Authority member Bean made a motion, seconded by Authority member
Stoner to approve the application for renewal of a 3.2% Class A
Fermented Malt Beverage License for McDonald's Poor Boy Sub,
708 South College Avenue. The Chairman put the motion which was
unanimously adopted.
Consider Alleged Violation at Johnny's Liquors,
111 West Prospect
Officer Groves presented the following Police Department report:
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SUBJECT: Alleged violation at Johnny's Liquors, Ill West Prospect,
Fort Collins, (FCPD Case #76-13378)
Sir:
On September 25, 1976, this officer and two agents from the State
Liquor Enforcement Office were on routine patrol checking various liquor
outlets when we stopped at Johnny's Liquors. We parked in Safeway's parking
lot and observed the business for a period of time. We observed one subject
purchase some liquor and then he exited the store with three subjects and
stated to walk andr
rhis companionsross the and requestednI.D lot
stfromour
allvehicle.
themWe None pof the people
ed the t
we stopped were 21 years or older. The one subject carrying the liquor was
asked if he bought it in Johnny's and he stated yes. He further advised us
that at no time was he ever asked for any identification.
RECOMMENDATION:
It is recommended that a written letter of warning be issued to
the licensee.
Authority member Stoner made a motion, seconded by Authoritv me7her
Bean to send a written letter of reprimand to Johnny's Liquors.
The Chairman put the motion which was unanimously adopted.
Consider Alleged Violation at Shop 'N Go Market,
anq qn„th rnlleee Avenue
Following is the Police Department report:
SUBJECT: Alleged violation at Shop N Go, 802 South College Avenue,
Fort Collins, (FCPD Case #76-14219)
Sir:
On October 10, 1976, Officer Dennis Whitesell was on routine patrol
when he noticed a vehicle parkE,d in front of Shop N Go with two females in
it. He stopped and observed the driver get out, enter the business and later
exit carrying a brown paper bag. Contact was made with the vehicle at a
different location and it was determined that the driver had purchased beer
in Shop revealedNGo thataat noatimeewassshely 16 askedyforsanyd. Further investigation
identification.
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RECOMMENDATION:
.The Police Department requests that a suspension hearing be held
to determine whether or not the license of Shop N Go at 802 South College
Avenue should be suspended or revoked. In addition, we would ask that the
Authority take note of a letter to Mr. Tom Newby, manager of Shop N Go,
dated April 9, 1976, written by the City Attorney's Office as directed by
the Fort Collins Liquor Licensing Authority.
Officer Groves answered specific questions of the Authority.
Authority member Stoner made a motion, seconded by Authority
member Bean to schedule a show/cause hearing at the next regularly
scheduled meeting to determine whether the license for Shop 'N Go
Market, 802 South College Avenue should be suspended or revoked.
The Chairman put the motion which was unanimously adopted.
Other Business
Country Politan - premises have been locked by Markley Motors
and foreclosure proceedings have been initiated by Markleys.
The bankruptcy proceedings have been changed from a chapter 11
rehab section to a straight bankruptcy.
Elect a new Vice Chairman - Authority member Stoner made a
motion, seconded by Authority member Bean that Authority
member Renz be the new Vice Chairman.
The Chairman declared Authority member Renz elected by
acclamation.
Letter from Jeff Groves read into the record:
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i"'T
J
Office of
CITY OF FORT COLLINS THE CHIEF of POLICE
POLICE DEPARTMENT RALPH M. SMITH
Telephone: (303) 484.4220
300 Le Porte Avenue
Fort Collins.. Colorsdo 80521
October 14, 1976
Fort Collins Liquor Licensing Authority
Fort Collins,
Colorado 80521
Ladies and Gentlemen:
I would like to take a brief momr`nt to express both my
appreciation and gratitu(le for havi.^ ".'ne opnortunity to work with
you. Since July of 1979, when I first began handling liquor
assignments, I have had the pleasure of meeting a lot of new people
and of working closely with members of the Authority. The concern
that was shown by all members of the Authority only served to make
my job more interesting and personally rewarding, and the learning
experiences were unparalled. A special thank ,you goes to Carlos
Seegmuller, Mr. Chairman, whose deep concern for his responsibilities
even led him to ride on night patrol .with me several times, a fact
which I greatly appreciated.
Beginning November 1, 1976, Sgt. Bob Mason will be assuming
the duties which I have held in the past, and I have no doubts
that this cooperation and concern will continue. Once again, thank
you.
JG:kw
Respect (� ly submitted,
Vtrol
roves
Division
Fort Collins Police Department
210
A-7
4. Chairman Seegmiller inquired into the statements in the
preliminary resolution regarding additional information
on an application. Assistant City Attorney Ramsey Myatt
advised that this was covered in the reading at length of
the Rules of Procedure. However, for the record, at each
hearing it should be noted by the Clerk that the proper
posting and publication has been accomplished even though
there are signed affidavits contained in the file.
Authority member
Wilson to adjourn
mously adopted.
ATTEST:
Deputy City er
Adjournment
Stoner made a motion, seconded by Authority member
. The Chairman put the motion which was unani-
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