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HomeMy WebLinkAboutLiquor Licensing Authority - Minutes - 08/25/1976August 25, 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, August 25, 1976, at 7:30 P.M. in the Council Chambers in the City of Fort Collins City Hall. Vice -Chairman MacNair called the meeting to order noting the following Authority members present: Bean, MacNair and Renz. Absent: Authority members Seegmiller and Stoner. (Secretary's Note: Authority member Stoner appeared later in the meeting.) Staff Members Present: Officer Jeff Groves and City Clerk Verna Lewis. Also: Assistant City Attorney Ramsey Myatt. Minutes of the Special Meeting of July 21, 1976 and the Regular Meeting of July 28, 1976 Authority member Renz made a motion, seconded by Authority member Bean to approve the minutes of the special meeting of July 21, 1976 and the regular meeting of July 28, 1976 as published. The Chairman pro tem put the motion which was unanimously adopted. Renewal Application for a Beer and Wine License for Green Turtle Ltd. dba Green Turtle Cafe, ✓ 150 North College Avenue, Approved City Clerk Verna Lewis stated this is a routine renewal with a negative Police report with a recommendation for renewal. Authority member Bean made a motion, seconded by Authority member Renz to approve the renewal application for a beer and wine license for Green Turtle Ltd. dba Green Turtle Cafe. The Chairman pro tem put the motion which was unanimously adopted. /Renewal Application for a 3.2% Fermented Malt Beverage License for Vernie Valdez dba Pine Tavern, 244 Pine Street ADDroved City Clerk Verna Lewis read the Police Department report into the record: it In July of 1976, the above named individual made application for renewal of his 3.2% Fermented Malt Beverage License. During this same period, this officer received the application for review. In checking the records of the Fort Collins Police Department, it was noted that 21 disturbances occurred in this establishment during the last year. Most of these incidents were customer vs. customer and of a very minor nature. However, it should also be noted that one instance (FCPD #76-7801) did result in serious injury to two people. This case centered on a family feud, which resulted in one person being charged with assault with a deadly weapon. In addition, three violations of the City Fermented Malt Beverage Ordinances were found. Two of these violations were for failure to notify the police department of all disturbances, for which Mr. Valdez received two verbal warnings from this officer. The third violation was failure to post a sign stating that all disturbances would be reported to the police. This was corrected within a few days by Mr. Valdez. A check of the records of Mr. Valdez indicates a conviction for driving while under the influence of alcohol in July of 1976. RECOMMENDATION: All of the above instances are shown merely to relay the concern that the police department has regarding the Pine Tavern. We do not consider the number of disturbances nor the number of arrests arising, out of these altercations high. However, we are concerned about the seriousness of some of these disturbances, particularly the one mentioned where serious injury was inflicted. This, coupled with Mr. Valdez's failure to report other disturbances, leaves some degree of doubt regarding this application, however, at this point we still recommend renewal of the license for the coming year." Authority member Renz made a motion, seconded by Authority member Bean to approve the renewal application for a 3.2% Fermented Malt Beverage License for Vernia Valdez dba Pine Tavern, 244 Pine Street. The Chairman pro tem put the motion which was unanimously adopted. -2- 0 Renewal Application for a 3.2% Fermented Malt Beverage for Sakala's Pizza, Inc. dba Pitzelle's, 215 Foothills Parkway Denied Assistant City Attorney Myatt stated, for the record, that this would be a renewal but the license had lapsed on August 18, 1976. Further, this is about the fourth renewal of a license which has lapsed for failure to renew in a timely fashion. The license was forwarded to Pitzelle's on June 24, 1976. Assistant City Attorney Myatt stated the premises can be closed the minute the license expires, or rather they cannot serve, once the license expires. The Assistant City Attorney advised the Authority of the options open to them: (1) make a determination that there is no license to renew, (2) deny the renewal on the grounds that there has been no good cause shown for failure to apply in a timely fashion for renewal, or (3) grant the license. Chairman pro tem MacNair stated that if the Authority did not renew the license, the Authority is not closing the business, they could still serve tea and coffee. Authority member Bean made a motion, seconded by Authority member MacNair to deny the renewal application of Sakala's Pizza, Inc. dba Pitzelle's, 215 Foothills Parkway. The Chairman pro tem put the motion with the following vote: Yeas: Authority member Bean and MacNair. Nays: Authority member Renz. (Secretary's Note: This item was later reconsidered and approved.) Renewal Application for a 3.2% Fermented Malt Beverage License for / Jesse and Gillermo Godinez dba El Burrito Cafe, 404 Linden Street Approved City Clerk Verna Lewis stated there was a negative Police Department report with recommendation for approval. Authority member Renz made a motion, seconded by Authority member Bean to approve the renewal application for a 3.2% Fermented Malt Beverage License for Jesse and Gillermo Godinez dba E1 Burrito Cafe, 404 Linden Street. The Chairman pro tem put the motion which was unanimously adopted. -3- Renewal Application for a 3.2% Fermented Malt Beverage License for Gerald and Virgil Barton dba Happy Joe's Pizza and Ice Cream Parlor 111 West Monroe Approved Assistant City Attorney Myatt advised the Authority that this license had expired on August 12, 1976. Therefore, the Authority had the same three options open to them as on Item 2.C. Mr. Gerald Barton stated "I guess I will have to plead ignorance, in fact if it hadn't been for Mrs. Lewis' office, I would really be in trouble. We have a transfer application pending from a partnership to a corporation of which I am a part, and I made a very bad assumption. Mrs. Lewis called me and reminded me that there was a renewal pending and I was out of the City, and I just found out the last couple of days, how serious that was that I didn't renew before I transferred." Mr. Barton further stated the transfer was contingent upon the renewal and it would be a great financial burden if the license were not renewed. City Clerk Verna Lewis stated there was a negative Police report with a recommendation for approval. Authority member Renz made a motion, seconded by Authority member Bean that the application for Gerald and Virgil Barton dba Happy Joe's Pizza and Ice Cream Parlor, Ill West Monroe be approved. The Chairman pro tem put the motion which was unanimously adopted. Renewal Application for a Hotel -Restaurant Liquor License for Ram Pub Corporation of Colorado dba Chesterfield, Bottomsley & Potts, 1415 West Elizabeth Approved City Clerk Verna Lewis read the following Police Department report into the record: it In July of 1976, the above named corporation made application for renewal of their license. During that same period, 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 should be noted that 13 disturbances occurred in the above establishment during the past year. All of the disturbances were of a minor nature and all were customer vs. custormer related. In addition, no records were found on any of the corporate officers. RECOMMENDATION: The investigation has revealed nothing derogatory and we would, therefore, recommend approval of this application." -4- • City Clerk Verna Lewis then read an additional letter into the record which had been sent to the Ram Corporation setting out additional requirements as follows: it We are in receipt of your liquor license renewal forms, letter and fees. The City Clerk's Office and the State Liquor Division will need from you the following additional information if you choose to keep the hotel -restaurant classification; 1) the enclosed manager's registration form completed, 2) an affidavit stating that a minimum of 25% of your gross income is derived from the sale of food, 3) if your manager has changed from the previous manager the City will require a $75.00 fee and an interview with the manager with Jeff Groves in the Police Department, 4) the Colorado Department of Revenue will require the $75.00 to register the manager even if he is the same as when you initially applied for your hotel -restaurant license. All of the above will not be required if you choose to change the class of license to a tavern license. The fees for the license are the same for either class of license. If you have any questions regarding this matter, please do not hesitate to give me a call. Sincerely, /s/Verna Lewis, C.M.C." The Ram Corporation has not, to date, complied with the above request. Authority member Bean made a motion, seconded by Authority member Renz to approve the renewal application of Ram Corporation subject to receiving the documentation requests by the City Clerk's Office no later than the expiration date of the license at which time the license will automatically expire. The Chairman put the motion which was unanimously adopted. Transfer of Ownership for Happy Joe's Pizza and Ice Cream Parlor, 111 West Monroe to BurMac Ltd., Approved City Clerk Verna Lewis read the Police Department report into the record: it In August of 1976, the above named individuals made application for renewal of their license and at the same time made additional application for transfer of their license. During this same period, this officer received the applications for review. -5- Renewal Application: This officer checked the records of the Fort Collins Police Department and the Larimer County Sheriff's Office and found no violations for the above named establishment or any of its corporate officers. It is recommended that this license be renewed for the coming year. Transfer Application: BACKGROUND: It is our understanding that Mr. Barton is taking in two partners and that he will remain as the manager of the business. Harold Patrick Burke is the first new partner of the business. Mr. Burke, age 31, is married and has two children. He currently resides at #15 Imperial Court in Davenport, Iowa. Mr. Paul F. McCarthey, Jr., is the second new partner in the business. Mr. McCarthy, age 42, is married and has two children. He currently resides at 2560 Fairway Court in Bettendorf, Iowa. He is currently employed by the Linwood Stone Production Company and has been since 1951. Records were checked on both of the above individuals at all past residences, through local law enforcement agencies. In addition, records with the Fort Collins Police Department and the Larimer County Sheriff's Office were checked. Both men show no records other than minor traffic violations and both are also clear in the NCIC and CCIC crime information centers. We recommend that this transfer application be approved." Mr. Gerald Barton, representing BurMac Ltd., stated there would be no change in the operation. Authority member Renz made a motion, seconded by Authority member Bean to approve the application for a transfer of ownership. The Chairman pro tem put the motion which was unanimously adopted. Transfer Ownership for The Lift Ticket Approved City Clerk Verna Lewis read the Police Department report into the record: "SUBJECT: Transfer of Hotel -Restaurant Liquor License from Albert E. Goodwin, III, DBA, The Lift Ticket Lounge, M 181 North College, to Albert E. Goodwin,`I ),^DBA The Lift Ticket Lounge, 181 North College, Fort Collins. Sir: In early July the above named individual made application for a transfer of a Hotel -Restaurant Liquor License. A short time thereafter, this officer received the application for review. Mr. Goodwin is returning the license to his name, in that his son wishes to leave the business at this time. Mr. Goodwin is a long-time businessman in Fort Collins and currently owns both the Centennial Oil Company and the Horsetooth Boat & Supply Company. He is married and lives with his wife at 314 East Mulberry, Fort Collins. Mr. Goodwin has been photographed and shows no records with any law enforcement agency, other than minor traffic violations. He is also clear in the NCIC and CCIC computer centers. RECOMMENDATION: The investigation having revealed nothing derogatory we would, therefore, recommend approval of the transfer." Attorney Ronald Strahle, appeared on behalf of Albert E. Goodwin, the applicant, to clarify the situation. Mr. Strahle stated the premises are presently licensed in the name of Albert E. Goodwin III and the applicant is the father of the license holder. The transfer is being made with a Tavern License designation and there will be no change in the operation. Authority member Bean made a motion, seconded by Authority member Renz to approve the transfer of ownership from Albert E. Goodwin III dba The Lift Ticket Lounge to Albert E. Goodwin Af dba The Lift Ticket Lounge and designate the license as a Tavern License. The Chairman pro tem put the motion which was unanimously adopted. Change in Corporate Structure for Frick & Frack dba Butch Cassidy's 934 Lemay Avenue, Approved City Clerk Verna Lewis read the Police Department report into the record: it In August of 1976, the above named corporation made application for a corporate structure change. During this same period, this officer received the application for review. The new partner is Mr. James Henderson, a former partner in this same business when it was called the Sagebrush Restaurant. Mr. Walter Baldwin, who holds the liquor license, remains a partner in the -7- corporation. Mr. Henderson's records were checked again and no new adverse information has been found. RECOMMENDATION: The investigation has revealed nothing derogatory and we would, therefore, recommend approval of this application." Mr. John Suiter stated he had submitted resumes to the Police Department as the manager for the licensed premises. Assistant City Attorney Myatt stated Mr. Henderson had been informed that he must submit the proper fees to the City and state for the registration of the manager. Authority member Renz made a motion seconded by Authority member Bean to approve the change in corporate structure contingent upon the registration fees and proper registration by Frick & Frack of a manager to be accomplished no later than September. The Chairman pro tem put the motion which was unanimously adopted. Application for a Tavern License from Danny Rogers dba Red Garter Tavern 117 Linden Street Received and Set for Hearing Assistant City Attorney Myatt stated the file is deficient in the following particulars: 1. Plans and specifications for the proposed outlet. 2. Three letters of reference. 3. A trade name affidavit. Mr. Rogers stated the deficiencies had been pointed out to him and he would complete the file as soon as possible. Authority member Renz made a motion, seconded by Authority member Bean to accept the application of Danny Rogers dba Red Garter Tavern, 117 Linden Street and set September 22, and October 20, as the hearing dates on the application. The Chairman pro tem put the motion which was unanimously adopted. For the record, City Clerk Verna Lewis inquired if Mr. Rogers had reviewed the downtown improvement proposal and if he understood what was being proposed. Mr. Rogers stated that he has not investigated the ramifications of the district proposed. The City Clerk then recommended that Mr. Rogers contact Bob Ferluga and go over the proposal. -8- 0• 00 Alleged Violation at Gene's Tavern City Clerk Verna Lewis stated the Police Department letters had been sent with the agenda. Following is the report: " On August 14, 1976, Detective Joe Hemby and I were making a bar check at Gene's Tavern when we spotted a girl whom we thought to be underage. After some discussion with the people seated at the table, the girl produced identification which showed her age to be 17 years. On August 16, 1976, Sharon Kapperman met with me in my office regarding this incident. As a result of the meeting, the following recommendation is made: RECOMMENDATION: It is recommended that a written letter of warning be issued to the licensee with the additional understanding that any further violations will result in the request for a suspension hearing by the Police department." Officer Groves stated the licensee had been invited to attend the meeting but was not present. Authority member Renz made a motion, seconded by Authority member Bean to instruct he City Attorney to direct a letter of reprimand to be sent to the licensee regarding the violation. (Secretary's Note: Authority member Stoner arrived at the meeting at this time.) Alleged Violation at Country-Politan City Clerk Verna Lewis stated the Authority had received the Police Department report. Following is the report: it This officer, while on routine patrol, made a bar check at the Country Politan to verify some information which I had received earlier in the week. The information being that both of the employees checking I.D.'s at the entrance doors were under the age of 21 years. Once inside the establishment, I proceeded over to each of the checkers and, with the assistance of the manager, Roger Springston, verified that one checker was 17 years old and the other was 19 years old. This is in violation of 12-47-128(5A), Unlawful acts, C.R.S. 1973, which states or to permit any malt or vinous liquors to be sold or dispensed by a person under eighteen years of age, or spirituous liquors to be sold or dispensed by a person under twenty-one years of age, or to permit any such person to participate in the sale or dispensing thereof...." -9- Mr. Springston and I met in my office on Tuesday, August 17, 1976 at which time we discussed the situation. He advised me that he wanted to cooperate and he was aware of the restrictions on the use of employees under 21 years in a restaurant, however, he felt the situation was different in the bar. He advised me that the two people involved would be terminated and the situation would be corrected. RECOMMENDATION: It is recommended that a written letter of warning be issued to the licensee with the additional understanding that any future violations will again result in the request for a suspension hearing by the police department." Authority member Renz questioned the citation inquiring if the I.D. checkers were in fact selling or dispensing. Officer Groves stated he had checked with the State Liquor Enforcement Division and they interpreted this as dispensing and sale. Assistant City Attorney 14yatt stated he did not agree with this interpretation, he had discussed this with the Assistant Director of Revenue and felt that you have to be aware of case law; when the legislature deals with an area of the law, in one area and it shows that they identified the problem and have dealt with it specifically and then they take another area that is very analogous to that and deal with it in a different way, then the courts can assume that they are aware of it, are cognisant of the problem and they can handle it specifically. Although the Assistant City Attorney did not agree with this ruling, he advised the Authority that, in this case the Authority had to go along with their interpretation. His recommendation to the Authority was that they send a letter of explanation identifying the problem. Authority member Renz made a motion, seconded by Authority member Stoner that the Assistant City Attorney be requested to direct a letter of interpretation to the Country Politan, at 246 North College regarding the violation. The Chairman pro tem nut the motion with the following vote: Yeas: Authority members MacNair, Renz and Stoner. Nays: Authority member Bean. Alleged Violations at the Sportsman's Bar City Clerk Verna Lewis stated copies of the Police report had been sent out with the agenda. Following is the report: -10- " On June 24, 1976, Officers Jim Kyle and Linden Wagner were on routine patrol when they made a bar check at Sportsman's. During the period of time that they were in the bar they came in contact with a male subject, whom they later arrested for protective custody. Further investigation at the police station showed the subject to be only 20 years old. The subject later filled out a written statement to the effect that he had been drinking inside the bar and that he was never asked for any identification at any time. The second violation concerns the consumption of alcohol after regular business hours. On August 5, 1976, at 3:21 a.m., Officer Jeffrey McConkey and Sgt. Dean McWilliams noticed that there were several people still inside Sportsman's. Further investigation showed that these people (three in number) were drinking in the bar from Coors Beer bottles. When contacted, one of the people was an employee who stated that he was unaware that you couldn't have a drink after closing. RECOMMENDATION: These violations, coupled with the two violations in early 1976, bring the total to four for this particular establishment. The frequency of violations seems to be increasing rather than decreasing. It is recommended that a final written letter of warning be issued to the licensee, with the additional understanding that the next violation of any nature will result in a request by the police department for a suspension hearing." License holder, Pryntha Winfrey, spoke to her knowledge of the incident. The Authority requested that Officer Groves take time to check on information regarding the person involved in this incident. Officer Groves reported he could not find information on the person, having checked with NCIC and CCIC computers, while the Authority recessed. The Authority then addressed the second violation regarding consumption after hours. The employee of the license holder involved in this incident gave testimony regarding his ignorance of this provision. Authority member Renz recommended that Mrs. Winfrey establish a short form regulation which would be posted for her employees regarding rules and regulations. Authority member Renz made a motion, seconded by Authority member Bean that the Assistant City Attorney be requested to direct a final letter of warning to Sportsman's Bar indicating specifically that should another violation occur that a hearing will be called. The Chairman pro tem put the motion with the following vote: Yeas: Authority members Bean, MacNair and Renz. Nays: Authority member Stoner. -11- Consider Enforcement of the Suspension of the License ✓ for the Country Politan Assistant City Attorney Myatt stated the Country Politan had a temporary restraining order issued in the Federal Court prohibiting the Authority from suspending the license. The temporary restraining order is only issued for 10 days and within that period there had been a hearing on a preliminary injunction, prohibiting the Authority from suspending the license and then if they won, then there would be a permanent trial on August the 2nd to determine whether or not a permanent injunction would be issued. The City Attorney's office went to the hearing at the Federal Court and the City won; the Court dissolved the temporary restraining order and refused to grant a preliminary injunction, but Mr. Myatt had informed the judge that the Authority would not take any action until after the August 2nd trial because he (the judge) could have ruled at that time that they could have gotten a permanent injunction, and had the Authority suspended the license prior to that time, they could have responded by suing the City for damages for the loss of business. The Authority is in receipt of a letter from the Country Politan's attorney, Mr. Jake Valdez, advising that the licensee "would be amenable to closing September 6 and 7." Assistant City Attorney Myatt stated these dates are not binding on the Authority; the Authority has previously set dates as a Monday and Tuesday. Authority member Bean made a motion, seconded by Authority member Stoner to enforce the suspension of the license for the Country Politan on September 6 and 7, 1976. The Chairman pro tem put the motion which was unanimously adopted. Assistant City Attorney Myatt will inform the licensee of the Authority's action. Police Report Officer Jeff Groves made the following report: There has been an incident at the Out of Bounds concerning an intoxicated person. Officer Groves reported on the County Court ruling regarding liquor violations for Pit Stop Liquors. Reconsideration in Renewal for Sakala's Pizza, Inc. dba Pitzelle's 215 Foothills Parkway v Chairman pro tem MacNair stated he had received a request from the -12- `J City Clerk, that the Authority reconsider their action on the renewal for Pitzelle's. Having voted on the prevailing side; Authority member Bean made a motion, seconded by Authority member Stoner to reconsider the renewal of Pitzelle's. The Chairman pro tem put the motion which was unanimously adopted. The Authority then had discussion on the obligation of the license holder to make renewals in a timely fashion. Authority member Bean made a motion, seconded by Authority member Stoner to grant the renewal for Sakala's Pizza, Inc. dba Pitzelle's, 215 Foothills Parkway. The Chairman pro tem put the motion which was unanimously adopted. Policy Established on Renewals Based on the discussion on renewals the Authority considered a policy which would indicate the position that when the license expires, the licensee can no longer sell or receive 3.2% malt beverages or alcoholic beverages and the police department will be directed to close the premises regarding dispensing. If the licensee fails to renew in a timely manner without good cause shown, the Authority will take the position that there is no license to renew. Authority member Renz made a motion, seconded by Authority member Bean to request the Assistant City Attorney to draft a policy position paper based on the above discussion to be sent to all license holders advising the policy. The Chairman pro tem put the motion which was unanimously adopted. Adjournment Authority member Stoner made a motion, seconded by Authority member to adjourn. The Chairman pro tem put the motion which was, unanimously pd"ted. CF�a"116a'n ATTEST: City Clerk -13-