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HomeMy WebLinkAboutLiquor Licensing Authority - Minutes - 07/28/1993V LIQUOR LICENSING AUTHORITY MINUTES Regular Meeting —July 28,1993 6:30 p.m. 11 Council Liaison: Bob Winokur ry Staff Liaison: Rita Knoll Harris A regular meeting of the Liquor Licensing Authority was held on Wednesday, July 28, 1993, in the Council Chambers of the Fort Collins Municipal Building. The following members were present: Crowfoot, Norton, Poncelow, Schroeer and Wawro. Authority Members Absent: Cooper and Mael. Staff Members Present: Rita Knoll Harris, City Clerk's Office Marty Heffernan, City Attorney's Office Joel Tower, Police Department Consent Calendar The Consent Calendar is intended to expedite the meeting and allow the Authority to spend its time and energy on the important items on a lengthy agenda. Anyone may request that an item be "pulled" off the Consent Calendar and considered separately. Items pulled from the Consent Calendar will be considered separately immediately following adoption of the Consent Calendar. L Approval of the minutes of the November 20 1991 and October 28 1992 regular meetings. 2. Report of Change of Manager for Convenience Plus 1032 West Mountain C Plus of Colorado, Inc., the 3.2% beer licensee for Convenience Plus, 1032 West Mountain, is reporting a change of manager. Jennifer Wehde is replacing Teresa Harper. Ms. Wehde was previously the registered manager for the Convenience Plus store at 1013 West Mountain Avenue. 3. Report of Change of Corporate Structure for Viento Inc dba Gene's Tavern200 Walnut. Viento, Inc., the tavern licensee for Gene's Tavern, 200 Walnut, is reporting a change of corporate officers. Dianna Brownson is replacing Billy Rowland as secretary of the corporation. Authority member Poncelow made a motion, seconded by Authority member Norton, to adopt and approve all items not removed from the Consent Calendar. Yeas: Crowfoot, Norton, Poncelow, Schroeer and Wawro. Nays: None. THE MOTION CARRIED. July 28, 1993 Report of Change of Corporate Structure and Registration Jay Elowsky, owner, explained the change of corporate structure. J'amie McClure will be new manager. Mr. Elowsky responded that there would be no financial interest on Ms. McClure's part. In response to a question from the Authority, Ms. McClure stated she would be training wait staff regarding the liquor code of Fort Collins and Colorado. She stated that in the past, she has had some people from the Liquor Board come to train her staff. McClure stated that there have not been any violations at Pasta Jay's since her employment there. Regarding her previous employment at Potter's in Boulder, Ms. McClure confirmed that Potter's did sell liquor and that she was not aware of any violations there. In response to inquiries about her carding policy, Ms. McClure stated that anyone who looks under 30 years of age will be carded. Authority member Poncelow made a motion, seconded by Authority member Schroeer, to approve change of corporate structure and registration of manager for Pasta Jays, #11 Old Town Square, Suite 120. Yeas: Crowfoot, Norton, Poncelow, Schroeer and Wawro. Nays: None. THE MOTION CARRIED. Registration of Douglas Wentzel as Manager of Pitchers, 1100 West Drake Road Approved Douglas Wentzel, manager, spoke of preview of Pitchers on July 29, 1993, from 5 to 8 p.m. and a grand opening at I 1:00 a.m. on Friday, July 30, 1993. Mr. Wentzel stated he had been previously employed at University Park Holiday Inn. He explained that he has a TIPS- certified trainer who has already trained his staff. He also plans to bring in Liquor Enforcement Officer Joel Tower to trail staff as well. Mr. Wentzel replied in response to a question from the Authority that there was a violation at Holiday Inn. He explained that there was a private party, and they were serving one drink across the counter at a time per ID when a patron took a drink from another patron's beverage, and the State Liquor Enforcement Officer witnessed it. Mr. Wentzel went on to explain that they were ticketed, fined and put on probation for a period of two years. In response to a question from the Authority, Mr. Wentzel explained that they will card everyone in question and who appears to be under 30 years of age. Authority member Schroeer asked Mr. Wentzel what his involvement was with the Sheriffs Department in Grand Junction as a Deputy Sheriff. Mr. Wentzel responded that he was a street deputy. He commented on liquor enforcement training he received when he was in the Police Academy, and he stated he worked with the DUI Department on a volunteer basis and that it was not extensive. Authority Member Norton made a motion, seconded by Authority member Schroeer, to approve Douglas Wentzel as manager of Pitchers, II 00 West Drake Road. Yeas: Crowfoot, Norton, Poncelow, Schroeer and Wawro. Nays: None. THE MOTION CARRIED. 2 July 28, 1993 Registration of Veanne Stocking as Manager of University Park Holiday Inn 425 West Prospect, Approved Veanne Stocking, manager, spoke of employment history with University Park Holiday Inn. Ms. Stocking spoke of training provided to employees. Ms. Stocking stated there will be a TIPS -certified person on staff at all times. She spoke of her policy for private parties. Authority member Poncelow made a motion, seconded by Authority member Schroeer, to approve Veanne Stocking as manager of University Park Holiday Inn, 425 West Prospect. Yeas: Crowfoot, Norton, Poncelow, Schroeer and Wawro. Nays: None. THE MOTION CARRIED. Consideration of an Application from the Overland Sertoma Club for a Special Events Permit at Library Park on August 21 and 22,1993 Approved Robert Deakin, President of Overland Sertoma Club, explained that the Club has held this event several times in years past. Mr. Deakin responded that there wouldn't be anything different except for a shelter in case of rain. He explained that no one is served unless he/she is wearing a bracelet. Mr. Deakin replied that there has not be any trouble to that effect. He explained how the entrance and exit to the event would be set up. He stated the Club was hoping to exceed last year's attendance of 100,000. Authority member Poncelow made a motion, seconded by Authority member Norton, that the application from the Overland Sertoma Club for a Special Events Permit at Library Park on August 21 and 22, 1993, be approved. Yeas: Crowfoot, Norton, Poncelow, Schroeer and Wawro. Nays: None. THE MOTION CARRIED. Request From MCP, Inc., dba Tangz,1220 West Elizabeth, to Change, Alter. or Modify the Premises Failed Tim McKeon, President of MCP, Inc., explained modifications of 10 foot fence, 4 foot gates on east side and installation of volley ball courts. Mr. McKeon explained there would be approximately 20 table and chair sets in the deck area. He confirmed that the addition would be contiguous with the rest of the operation and that there was an entrance and exit to the area already existing. Authority member Norton made a motion, seconded by Authority member Wawro, that the modification was substantial. Yeas: Crowfoot, Norton, Poncelow, Schroeer and Wawro. Nays: None. THE MOTION CARRIED. Mr. McKeon was sworn. Authority member Crowfoot explained that evidence could be presented with regard to the modification. July 28, 1993 Mr. McKeon presented his evidence. Assistant City Attorney Heffernan informed the Authority that there are some problems with the dates on the petitions (Exhibit A), and he has noted those on the petitions for the Authority's information. Regarding the letters of recommendation (Exhibit B), unless the individuals who signed the letters are present, they are considered heresay, but they are admissible. Steve Carlyle was sworn. He approached the Authority and explained the floor plan. In response to a question from the Authority, Mr. McKeon explained that no one under 21 would be allowed in the volleyball area. Mr. Carlyle explained that the owner of the apartments located behind the establishment has given approval to the floor plan. Mr. McKeon explained in response to a question from the Authority that there are no plans for night usage and that there will be an employee stationed outside. Mr. Carlyle spoke of businesses in surrounding area who have signed petitions. Mr. McKeon stated he expected a small increase (10%) in liquor sales. He stated they are hoping to draw an earlier crowd. He spoke of how neighborhood complaints will be handled. Joel Tower was sworn. He spoke of history of the establishment. There have been 11 cases at establishment since January 1, 1993, 8 of which have been since May 1. Increased disturbances and noise complaints. Relayed fire department concerns regarding overcrowding. Police are concerned outdoor area will also experience similar problems. Mr. McKeon responded to comments made by Officer Tower and explained management's policies to keep on top of potential problems. Authority member Crowfoot expressed concerns about overcrowding and how management would be able to control the number of patrons in the patio area and indoors. Mr. Carlyle stated they are working with Building Inspection on occupancy load. Mr. McKeon stated that majority of their business comes in after 9:00 p.m., and patio area will already be closed at that time. Authority member Norton made a motion, seconded by Authority member Schroeer, to approve the changes and modifications as noted for Tangz at 1220 West Elizabeth. Authority member Norton noted concerns about the Police report, overcrowding issues and fence. However, she feels Mr. McKeon is taking adequate steps to keep situation under control and increase business. 4 July 28, 1993 Authority member Schroeer concurred with Authority member Norton's comments, and noted that his main concern is that he did not feel fence was contiguous with the area. He felt it is a residential neighborhood and not a good use for that particular area. Authority member Wawro also concurred with previous comments. He noted that on petitions, there were several names that are fictitious. His primary concerns were location of proposed volleyball court in relation to adjacent apartment building. The vote on the motion was as follows: Yeas: Norton. Nays: Crowfoot, Poncelow, Schroeer and Wawro. THE MOTION FAILED. Request from Ram Pub Corporation of Colorado, dba Chesterfield, Bottomsley and Potts, 1415 West Elizabeth, to Change, Alter, or Modify the Premises Approved Kevin Sheesley, general manager, spoke of changes made to restaurant. He stated it did not change capacity or size of the bar. He also stated that changes did not change character. The bar has been moved from the middle of the establishment to the east wall. Assistant City Attorney Heffernan discussed the usage of the term "bar" in the regulation and stated there was nothing before the Authority that would cause it to conclude one way or the other. Authority member Norton made a motion, seconded by Authority member Poncelow, that changes and modifications made at Chesterfield, Bottomsley and Potts, 1415 West Elizabeth, are not substantial. Yeas: Crowfoot, Norton, Poncelow and Wawro. Nays: Schroeer. THE MOTION CARRIED. Transfer of Ownership of Godfather's Pizza, 4010 South College Approved Steve Howard, attorney representing Dennis Gano, owner, explained transfer. G.F. Four Investments, Inc., of which Mr. Gano is president, is 95% owner of the establishment. Mark -Four Partnership owns the other 5%, which G.F. Four Investments, Inc., is in the process of buying. Mr. Howard spoke of issue with background of Mr. Gano and the fact that Mr. Gano was not arrested in 1992 and that is why he did not report it on application. He submitted a letter from the U.S. Attorney staring there were no charges brought against Mr. Gano and he was never arrested (Exhibit A). He discussed a "pretrial diversion" or a deferred prosecution which Mr. Gano had agreed to. He also submitted a letter from the president of the Cherokee State Bank (Exhibit B). Assistant City Attorney Heffernan stated Exhibits A and B were admissible as evidence. 0 July 28, 1993 Sandy Gibson of the Police Department questioned the fact that Mr. Gano was never charged with anything, but served a years probation. Mr. Gano explained his "sentence". Completed terms of pretrial diversion with the approval of his local (Iowa) attorney. Authority member Poncelow made a motion, seconded by Authority member Schroeer, to approve the transfer of Ownership of Godfathers Pizza, 4010 South College, from Mark -Four Partnership to G.F. Four Investments, Inc. Yeas: Crowfoot, Norton, Poncelow, Schroeer and Wawro. Nays: None. THE MOTION CARRIED. Report of Change of Manager for Godfather's Pizza, 4010 South College Approved Richard Dahl, manager, spoke of how he has become familiar with Colorado liquor laws. He spoke of training for employees. He stated they will card anyone looking 30 years of age and younger. He also explained their policy of one ID per glass. Mr. Dahl spoke of his history with G.F. Four Investments, Inc. He stated there were no violations at the establishment he managed in Iowa. Authority member Norton made a motion, seconded by Authority member Schroeer, to approve Richard Dahl as manager of Godfathers Pizza, 4010 South College. Yeas: Crowfoot, Norton, Poncelow, Schroeer and Wawro. Nays: None, THE MOTION CARRIED. Hearing on a New Application for a Hotel -Restaurant License at Beau Jo's Pizza, 100 North College Approved Dan Carr, attorney for Dill, Dill, Carr & Stonebracker, approached the Authority on behalf of the owners. Max Scott of Oedipus, Inc., was sworn. He stated he worked for Oedipus, Inc., 700 East Speer, Denver. He explained the nature of his work at Oedipus, which is opinion polls and surveys. He explained to the Authority how he accomplished the survey for Beau Jo's Pizza. He submitted Exhibits A, B, C, D and E to the Authority. Assistant City Attorney Heffernan stated that the Exhibits had been reviewed and there were no objections to their admissibility. Mr. Scott explained Exhibit A, which is a summary of Exhibits B, C, D and E field work documents. He explained petitioning process and results (94% in favor). Ms. Harris noted for the Authority that she had received by fax transmission a letter from Robert Bisetti, president of Bisetti's, Inc., which was marked as Exhibit F. Assistant City Attorney Heffernan stated there was no objection to Exhibit F's admissibility. Mr. Carr stated that the applicant also had no objection to Exhibit F's admissibility. • July 28, 1993 Brian O'Rourke, president of B.J. Management, Inc., was swom. He explained that there is a 2drink limit and that a 3rd drink is allowed with management approval. Mr. O'Rourke discussed the patio area and explained there would be a 4-foot fence with railing. Mr. Carr pointed out to the Authority that management expects only 9 - 11 % in alcohol sales. Mr. O'Rourke discussed his affiliation with the Colorado Restaurant Association Education Fund, of which he is the president. He discussed training the employees receive through this Association. He pointed out to the Authority that the restaurant would have a very limited service bar. He stated the capacity of the restaurant is 156 seats inside and approximately 60 seats outside. Mr. O'Rourke discussed a prior violation approximately 4 years ago at the Idaho Springs location. There was some discussion regarding the entrance and exit to the establishment. Authority member Schroeer commented that he is supportive of the general concept of the establishment, but has concerns about the patio area. Authority member Norton commented also about concerns with the patio area and ability of wait staff to bus tables quickly. Mr. O'Rourke stated wait staff will be based on 3 or 4 table sections, which will put approximately 7 or 8 wait staff, and 1 or 2 bus people at any given time. No one was present to speak in opposition to the license. Authority member Norton made a motion, seconded by Authority member Schroeer, to adopt Resolution 93-08 approving the application of Beau Jo's Pizza, located at 100 North College. Yeas: Crowfoot, Norton, Poncelow, Schroeer and Wawro. Nays: None. THE MOTION CARRIED. Registration of J. Troy Critchfield as Manager of Beau Jo's Pizza, 100 North College Approved Dan Carr, attorney for Dill, Dill, Carr & Stonebracker, approached the Authority on behalf of the owners. He introduced J. Troy Critchfield and discussed his employment history with Beau Jo's Pizza at the Idaho Springs location. Mr. Critchfield discussed the size of his staff, his work hours and his employment at the Idaho Springs location. He confirmed for the Authority that food sales are far greater than alcohol sales. Authority member Poncelow made a motion, seconded by Authority member Schroeer, to approve the registration of J. Troy Critchfield as manager of Beau Jo's Pizza, 100 North College. Yeas: Crowfoot, Norton, Poncelow, Schroeer and Wawro. Nays: None. THE MOTION CARRIED. • 0 July 28, 1993 Hearing on a New Application for a Club License at Eagles Club #4021, 302 North Meldrum Approved Charles J. Connell, attorney representing the applicant, approached the Authority. He introduced various people listed on the application present in the audience to answer Authority questions. He then submitted Exhibits to the Authority. Assistant City Attorney Heffernan stated that he had reviewed the documents. He stated Exhibits A-C are the petitions and are admissible. Exhibit D is a package of documents and is admissible, and he directed the Authority to consider their relevancy, considering the majority of information would be considered heresay depending on who is present to discuss the Exhibit. Mr. Connell explained the Eagles Club's reason for applying for a club license and not a tavern license. They wish to increase revenue, however, revenue would be to support charitable activity. They also wish to allow social activity within the Club with guests. He spoke of the new officers of the Club in control since December 1992. He spoke of Exhibit D and extensive community involvement. Spoke of bingo night held at the Club once a week, with proceeds going to needy children. Mr. Connell went on to explain new officers plans to comply with Colorado liquor laws and plans to close bar on the night of the bingo operation. He spoke of guest policy and serving guests. He explained the manager's plans to enroll in TIPS training. He also discussed neighborhood agreement and Club actions to meet all of neighborhood's recommendations. Mr. Connell spoke of denial in 1991 and previous managers. He spoke of the 1993 violation for selling without a license. He spoke of new officers' desire to operate the Club correctly. Ernesto Gutierrez, 4809 Catalina Dr.; Israel Alvarez, 7843 3rd Street, Wellington; and Valdemar Cardenas, 208 E. Lincoln, were sworn. Mr. Gutierrez, Mr. Alvarez and Mr. Cardenas confirmed statements of attorney. Mr. Alvarez spoke of drivers license suspension. He stated the no longer drinks in excess. Mr. Connell commented on Mr. Baca's questionnaire. He stated that Mr. Baca had a 19-year old arrest that he failed to report on his questionnaire. Mr. Baca subsequently submitted his resignation from the Board of Trustees. Resignation was submitted as an exhibit. Mr. Alvarez stated in response to a question from the Authority that the Board still needs to fill officer seats. There was discussion regarding the requirements to become a member of the Eagles Club; the fact that there two facets of the club: Aerie is for men, the Auxiliary is for women; and that members must be 21 years of age. Mr. Connell commented on bingo nights and clarified that the bar would not be open on those nights. Mr. Gutierriez spoke about dances held at the Club and that each member is allowed to bring and sign in IO guests. July 28, 1993 Ms. Harris stated Dan McArthur of 617 Maple submitted a letter marked as "Opponents Exhibit" A." Assistant City Attorney Heffernan stated that the letter is admissible, however since Mr. McArthur had to leave the meeting, it is considered hearsay. Mr. Connell comment on Exhibit "A" and stated that it should be considered hearsay. Joel Tower was sworn and spoke of agreement between the neighborhood and the Club. He spoke of the history of the Club and of the benefits of issuance of the license. Mr. Connell then questioned Mr. Tower. David Dorty, 252 Linden, was sworn. He worked with staff at Northside Atzlan Center. He spoke of Eagles contributions to the Center and that Center is a vital part of northside community. Chris Carson, 303 North Meldrum, was sworn. He spoke of prior problems with Eagles Club. Concerned that license may increase problems. Submitted petition he circulated. He stated for the record that he is 20 years old. Assistant City Attorney Heffernan stated the petition submitted by Mr. Carson was admissible. He clarified that because license is a club license, the needs of the neighborhood are not at issue, just the desires of the neighborhood. Mr. Connell questioned Mr. Carson regarding petition. Mr. Carson stated he petitioned residents he knew that had problems with the Eagles Club in the past. Opponents Exhibit B admitted. Greg Bell, representing Jim Burrill, owner of properties at 303, 305 and 313 North Meldrum. He relayed Mr. Burrill's feelings to the Authority. Mr. Burrill felt that expanding the license may increase problems similar to those in the past. In response to a question from the Authority, Mr. Alvarez stated that the building is not fully air conditioned. There was discussion regarding the occupancy of the building, loud music and keeping the doors open. Patricia Meisel, 409 Riverside Drive, Lyons, CO, was sworn. She spoke on behalf of the landlords of the Eagles Club building, Lawrence and Grace McDermont, 411 Riverside Drive, Lyons, CO, from whom Ms. Meisel has power of attorney. The Eagles Club is current in their lease, and there have been no problems for 10 years. She encouraged residents to contact landlords with problems. Ms. Meisel stated south side of block is zoned Commercial. Mr. Carson stated in response from a question from the Authority that residents of the home immediately to the north of the Club are on his petition. July 28, 1993 In response to question from the Authority, Mr. Alvarez stated he did not know Mr. Carson. He spoke of 1991 agreement and intentions to get along with neighbors. Mr. Carson then clarified with Mr. Alvarez how he can get access to Club members with problems. Mr. Dorty submitted more examples of Eagles good work. Mr. Alvarez stated that the Club has meetings the 1st and 3rd Thursday of every month and invited all neighbors to attend. In response to a question from the Authority, Mr. Connell spoke of the 1993 violation and clarified that the volunteer, Connie Cardenas, was cited for serving liquor without a license, and charges were dismissed. Mr. Alvarez was cited because he was president. Mr. Alvarez pled guilty and paid a fine $100. Mr. Alvarez did not include citation on application because the matter was not included. Vern Romero, 3536 S. Emerson, Englewood, CO, was sworn. Mr. Romero is state president for Eagles. He spoke of worldwide Eagles activities. In response to question from the Authority, Mr. Romero stated that he has come to Fort Collins on several occasions to instruct the local chapter of Eagles as to the laws and regulations of the fraternal order of Eagles. Mr. Connell made closing statements regarding Club's efforts to comply with rules and regulations and cooperate with community. Authority member Schroeer made a motion, seconded by Authority member Norton, to adopt Resolution 93-07 approving the application for a Club License at Eagles Club #4021, 302 North Meldrum. Authority member Poncelow supported motion and commented that there is less neighborhood opposition and believes that the applicants are sincere in their desire to work with the neighborhood. Authority member Crowfoot spoke in support of motion and encouraged increased communication with the neighborhood. Authority member Schroeer commented that he will also support motion and agreed that dialogue with neighbors is very important and to contact national organization or Officer Tower or City should assistance be needed in resolving any problems. Authority member Norton supported motion and suggested that current officers draw up a plan for future officers. The vote on Authority member Schroeer's motion was as follows: Yeas: Crowfoot, Norton, Poncelow, Schroeer and Wawro. Nays: None. THE MOTION CARRIED. 10 July 28, 1993 Show Cause Hearing for Tony's Restaurant and Lounge, 224 South College Stipulation Accepted Officer Joel Tower outlined provisions of stipulation agreement. Fine is estimated to be approximately $500. Administrative Assistant Harris gave the history of the licensee. Authority member Schroeer made a motion, seconded by Authority member Norton, to accept the stipulation for Tony's Restaurant and Lounge, 224 South College Avenue. Yeas: Crowfoot, Norton, Poncelow, Schroeer and Wawro. Nays: None. THE MOTION CARRIED. Show Cause Hearing for Sportsmen's Boss Hoggs, 210 Walnut Violation Found Alford Johnson, attorney representing Thomas Wahlberg, dba Sportsmen's Boss Hoggs, 2 10 Walnut. He asked Authority to consider stipulation to close for 3 days instead of 2 that had been previously offered and the same penalty amount that had been previously offered. Assistant City Attorney Heffernan clarified for the Authority that if Sportsmen's are willing to stipulate that there was a violation on the day alleged of Section 12-47-128(5) (a)(i) of the Liquor Code, and would enter into a stipulation with the Authority concerning certain penalties for that violation, then it would be appropriate to consider. If they're not willing to do that, then Authority should proceed with hearing. For the purposes of a stipulation, Mr. Johnson offered that the Sportsmen's will agree that the Sportsman Bar sold a beer to a person who is under age. Authority member Schroeer made a motion, seconded by Authority member Norton, to consider stipulation offered by Mr. Johnson. Assistant City Attorney Heffernan clarified stipulation. Greg Temple, attorney representing Police Services. He stated the Police Services is not willing to enter into the stipulation as proposed. Mr. Johnson objected to counsel representing Police Services as per Liquor Code, and stated he objects to his participation. Mr. Temple stated he has no relationship to the City of Fort Collins City Attorney's Office and is present only as an advocate for the prosecution. He stated Police Services has a right to legal 11 July 28, 1993 representation just as any licensee. Assistant City Attorney Heffernan clarified that under hearing procedures, it is stated that prosecution normally is handled by the Police Department, and it is his position that what Mr. Temple has stated is correct and the Police Department is entitled to legal representation. Authority member Schroeer withdrew his earlier motion, and the second, Authority member Norton, agreed also. Mr. Temple made opening statements. He discussed history of violation. Officer Dan Murphy of the Fort Collins Police Department was sworn. He stated that he has been employed for 4 '/z years and was so employed on March 13, 1993, at 10:40 p.m. when he responded to Sportsmen's on a compliance check. He was assigned to assist scout auxiliary -Jody Carter in providing safety for her as she conducted compliance checks. They went to 14 establishments that evening and Sportsmen's was the 2nd check. He stated he did not have a meeting with Ms. Carter before conducting the checks. Officer Tower did. He was not in uniform. Mr. Johnson asked that explorer scout Ms. Carter be sequestered. Mr. Temple had no objection, provided all witnesses, including Mr. Johnson's, were also sequestered. Mr. Johnson had no objection to that. Witnesses and advisory witnesses were identified. Mr. Temple then asked Officer Murphy to describe process he went through when he arrived at 210 Walnut Street. Officer Murphy stated they drove to Old Town mall area in an unmarked patrol car. He got out of the vehicle with Scout Carter. She walked down the sidewalk and entered the bar. Officer Murphy waited outside on the sidewalk. He observed a brief conversation with the bartender through the window of the establishment. When it appeared that she was going to be served, he motioned to Officer Tower, who then came down and met with him briefly. He then went into the bar to secure Scout Cartels safety in and out of the bar. As he went into the bar, he observed her being handed a draft beer, approximately an 8 or 10-ounce glass. Mr. Johnson objected to testimony that beverage being served was beer absent proof that it was so. Mr. Temple asked Officer Murphy if he had formed an opinion as to what the substance was that was pi aced in front of Ms. Carter. Officer Murphy stated that being over 21 years of age for II '/z years and his training as a police officer led him to believe that the beverage placed in front of her was an alcoholic beverage. He stated he believed it to be so due to its color, foam on the top, and bubbles in the liquid. He stated that the bartender got the liquid from a tap or dispenser device behind the bar. He stated that he has seen beer before on numerous occasions and beer poured from a tap. He stated the beverage placed in front of Ms. Carter was similar in sight, texture and appearance of beer, an alcoholic beverage. Officer Murphy witnessed Ms. Carter putting her money away after the beverage was placed directly in front of her. He stated when he entered the bar, he did not see a doorman, and he did not see any assistants or wait staff. He estimated the bar to have 30 to 40 people present when he entered the bar. He estimated the check to have taken several minutes. He stated that Ms. Carter 12 July 28, 1993 was wearing jeans and a heavy -weight sweatshirt. Mr. Temple submitted prosecution's Exhibit "A," a photo of Jody Carter, which he asked Officer Murphy to identify, which Officer Murphy did. He stated she appeared in Exhibit "A" exactly how she was dressed during the compliance check. Mr. Temple then asked Officer Murphy to describe what happened after he observed Ms. Carter putting her money away in the bar. Officer Murphy stated the bartender asked him what he wanted to drink, and Officer Murphy stated, "I'll have the same flavor as she had." He stated the bartender turned toward the tap and he asked Ms. Carter to leave the establishment, and Officer Tower was then in the bar at that time. He stopped the bartender from dispensing another beer and advised him of the liquor violation. Mr. Johnson then cross-examined Officer Murphy. He asked when and where Officer Murphy was when the alleged beer was served. Officer Murphy stated he was inside the bar and approximately 2 feet behind Ms. Carter. Mr. Johnson questioned Officer Murphy about the capacity of the bar and his estimate of the number of patrons in the bar that night. Mr. Johnson also questioned Officer Murphy about whether he had helped prepare Ms. Carter to go into various establishments and attempt to buy beer. Officer Murphy stated he did not help prepare her other than to say, `Be careful." Mr. Johnson questioned whether the use of explorer scouts was legal. There was some discussion regarding the appropriateness of that argument during questioning of Officer Murphy. Mr. Johnson then continued to question Officer Murphy regarding the events on Match 13. In response to a question from the Authority, Officer Murphy clarified what a recheck is. Officer Murphy was dismissed. Mr. Temple then called Jody Carter. Ms. Carter was sworn. She stated her date of birth was April 22, 1973. She stated she presently is a college student and is employed at Target. She explained that she is a sergeant in the scouting program, and she conducts business meetings that the lieutenant can't attend and helps to train other scouts. She rides with police officers and assists them with paperwork. In response to questions from Mr. Temple, she described what she was doing on March 13, 1993, at 10:40 p.m. She described the meeting before the compliance checks with Officer Tower. She stated Officer Tower instructed her to have no money of her own with her, to make sure she did not have her identification with her and if they ask her how old she is, to tell them the truth. She stated that she had done liquor compliance checks before. She stated that she was 19 on March 13. She stated she was instructed to dress as she would if she were going out with her friends. She stated that she does not wear facial makeup. Mr. Temple handed Ms. Carter prosecution's Exhibit A, and asked her to identify it. She stated it was a picture of her taken before she went out to perform the compliance checks. Prosecution's Exhibit A was admitted into evidence. 13 July 28, 1993 In response to questioning from Mr. Temple, Ms. Carter stated she went to 210 Walnut Street with Officer Tower, Officer Murphy and another explorer scout. Upon arriving there, she went inside the establishment with $20 that Officer Tower had given her. Officer Murphy followed her in. She sat down at the bar and ordered a beer. The bartender set it down in front of her and she paid for it. Officer Murphy then tapped on the shoulder and she got up and left the bar. On her way out, she met Officer Tower and she then gave him the change from the $20. Ms. Carter then testified how she determined that the beverage placed in front of her was an alcoholic beverage. She testified that the bartender did not ask her for any identification. She then testified regarding the other compliance checks she did that night and that she was dressed the same for each one and that most of the establishments asked her for her identification. Mr. Johnson the cross-examined Ms. Carter. She stated that Officer Tower instructed her to dress as she would normally dress when going out with her friends. She testified that although she has never drunk a beer before, she has seen beer and knows what it looks like in a glass. She testified that she did not taste the beverage given to her on March 13, and she has never had a beer in a bar. She clarified that when she said "most" of the 14 establishments she checked that night asked her for identification, she meant every establishment but the Sportsman asked her for her identification. She also clarified that on that night, she was not wearing facial makeup. Mr. Temple then asked Ms. Carter whether or not she had formed an opinion as to what the beverage was in the glass that was served to her that night. Mr. Johnson objected that she was not competent to answer such questions because she has no personal experience upon which to form an opinion. Assistant City Attorney Heffernan overruled Mr. Johnson's objection and stated that Ms. Carter could give testimony as to what she thought was in the glass she was served. Ms. Carter then gave further testimony that she did not have to drink from the glass to determine in her mind what was in the glass and that she had formed the opinion that it was beer in the glass. Mr. Johnson then questioned Ms. Carter as to whether she had picked up the glass and smelled the beverage. Ms. Carter testified that she had not picked up the glass, but had determined by its look and smell that it was beer. Officer Joel Tower of the Fort Collins Police Department was sworn. He testified that on March 13 he was instructed by his supervisor to perform compliance checks of various businesses throughout the City. He stated that he followed guidelines of the Selective Enforcement Unit. He stated that it is the Unit's policy to only use persons who are 18 and 19 years of age for such compliance checks. Officer Tower testified that he contacted Ms. Carter a week in advance to schedule the compliance checks and that he used her because she is familiar with the procedures and has participated in compliance checks in the past. He instructed Ms. Carter not to alter her appearance in any way, to dress in her normal clothes and appear as she normally does. He testified that he took a picture of Ms. Carter on March 13 and confirmed that it is the same photo that was submitted as prosecution's Exhibit "A." Officer Tower testified that prior to leaving the office on March 13, he instructed her to empty her pockets, take no personal money with her and to leave her identification. He stated she was then supplied with a $20 bill which was supplied to him by his supervisor. He testified they performed 14 compliance checks, 14 P July 28, 1993 and Sportsmen's Boss Hoggs at 210 Walnut Street was the second check. Officer Tower then described the events of the compliance check at the Sportsmen's. Officer Tower stated that he had an unobstructed view of the bar from the front window. After Ms. Carter was instructed to leave the bar by Officer Murphy, he went inside the bar. He received the change from the $20 bill from Ms. Carter. He then approached the bartender, David Trumbauer, and identified himself as a police officer and showed him his identification and his badge. Officer Murphy informed Mr. Trumbauer that he had just served an underage person an alcoholic beverage. Upon being informed of the violation, Mr. Trumbauer apologized for serving her the beverage and stated that he was really busy and he probably should have asked for her identification but didn't. Officer Murphy testified that he believed Mr. Trumbauer was an employee of the bar as he was serving beer, collecting money and he had access to the cash register. He testified that Ms. Carter was instructed to order a beer and nothing other than a beer. He stated the substance set in front of her appeared to be beer. He testified that he has had 11 years of experience in observing beer. Officer Murphy stated that Ms. Carter was the only underage person performing the compliance checks that night and that no other establishments sold beer to her that night. Officer Murphy clarified that this compliance check was a recheck. The same bartender was involved in the first compliance check on February 6, 1993. Officer Murphy stated that the bartender was informed of the violation, advised that management should be informed of the violation, and that a recheck would occur within 6 weeks. He testified that a different explorer scout was used in that first compliance check. Officer Tower stated that he was not present for the first compliance check. It was conducted by Officers Whitson and Rothchild, under his direction. Mr. Johnson cross-examined Officer Tower. Officer Tower testified that he observed Ms. Carter from the corner of the main window, on the east side of the door. Officer Tower stated that he did not have in his possession a written report of the violation on February 6, 1993, but was referring to a form used in compliance checks, which was completed by Officer Whitson. Mr. Johnson reviewed the form. Officer Tower then confirmed for Mr. Johnson that he was wearing his badge on March 13 and that he also showed Mr. Trumbauer another piece of identification. Mr. Johnson then questioned Officer Tower regarding any identification that identified him with the Liquor Authority. Officer Tower stated that he did not have such identification. He stated he only showed Mr. Trumbauer evidence that identified him as a Fort Collins police officer. Officer Tower testified that he did not instruct Ms. Carter to look older for the compliance checks and that the guidelines state the same. Officer Tower testified that he estimated there to be 25 to 30 people in the bar on March 13, with their average ages to be between 30 and 40 years of age. Officer Tower testified that he would not consider this bar to be a young person's bar. Officer Tower testified that he instructed Ms. Carter to dress as she normally would when she goes out. Mr. Temple rested for the City. David Trumbauer, 2025 North College Avenue, #29, was swom. He testified was employed at the Sportsman Bar at the time of the violation. He stated he was on duty as a night bartender on the night of March 13. He stated there were between 50 and 75 people on the night of March 13 present in the bar. Mr. Trumbauer testified that he estimated the average age of the bar patrons to be around 40. He 15 �i July 28, 1993 testified that he would not term the Sportsmen's Bar as a young person's bar. Mr. Trumbauer stated that when Ms. Carter came up to the bar, he looked at her hard for about 30 seconds and asked her if she wanted anything. She stated she wanted a beer. He asked her what kind. She said she wanted a Bud. He asked her if she wanted a bottle or a draft and she indicated she wanted a draft. He poured a draft and set it down in front of her. She handed him a dollar. He put it in the drawer. When he tumed around again, she was already gone or on her way out. He did not see her again. Mr. Trumbauer clarified that Ms. Carter may have handed him a $20 and that he may have made change for her. He could not state definitely that he made change for her. He stated that the person he saw on March 13 did not appear to be the same person he saw tonight. Mr. Temple then objected to Mr. Johnson's questioning about specifics of how Ms. Carter appeared after Mr. Trumbauer already stated he could not remember specifics. Mr. Trumbauer clarified that Ms. Carter's face coloration didnt appear the same as it was on that night. He testified that he could not swear that Ms. Carter was wearing makeup on that night, but that she looks somewhat different. He testified that he served her a beer because she looked to him to be in her late 20's or early 30's. Mr. Trumbauer stated that he had been employed by Sportsman since early November and that he had frequented the bar prior to that. He stated that he was familiar with the window on the east side of the entrance. Mr. Trumbauer stated that one can't see through that window, even in the day time. He testified that after Ms. Carter left, he had a conversation with a gentleman sitting in the seat next to hers regarding serving a minor. He showed him identification. Mr. Trumbauer then pointed out Joel Tower as the person who spoke to him about the sale to a minor. He stated that he asked Officer Tower to show him identification and was shown a police ID. Mr. Trumbauer stated that he remembered the ID saying something about Police Department and Liquor Authority. He stated that he was very embarrassed and tried to cooperate to the best of his ability. He testified that since the time of the incident, he has asked for identification from patrons he has known for years. Mr. Temple then cross-examined Mr. Trumbauer. Mr. Trumbauer stated he would not serve Ms. Carter as she appears now. Mr. Trumbauer testified that he did set a beer in front of her. He stated that he did not ask Ms. Carter for any identification. He stated that he had not been drinking while on duty that night. In response to a question from the Authority, Mr. Trumbauer stated that, other than previous training as a bartender in New York, he did not receive any training. He stated he received ID books to study and that the policy was to card everyone. Sandia Bishop was sworn. Ms. Bishop stated that she was in the bar on March 13 and witnessed Ms. Carter enter the bar. She recognized Ms. Carter because her daughter went to school with her. She stated she has seen Ms. Carter approximately 5 or 6 times before. She testified that when she has seen Ms. Carter in the past, she didn't look as dowdy as she does now. She stated that Ms. Carter's hair was not flat as it appears now. Ms. Carter's hair appeared to Ms. Bishop as being full and she thought she was wearing some makeup. Ms. Bishop testified that Ms. Carter appeared on the night of March 13 to be over 23 years of age but under 30 years of age. 16 July 28, 1993 Mr. Temple cross-examined Ms. Bishop regarding Ms. Carter's hair on the night in question. Mr. Temple showed Ms. Bishop prosecution's Exhibit "A" and asked her to identify it. Ms. Bishop said the photograph looks like Ms. Carter and agreed that it was Ms. Carter, but testified that Ms. Carter did not appear in the bar that night as she appears in the photograph. She stated that Ms. Carter's hair was fuller, she had eye makeup on but no lipstick or blush. She testified that Ms. Carter acted like she was older when she appeared in the bar that night. Ms. Bishop testified that she had been employed as a bartender for Sportsmen's in the past, was not employed there for a time, and was presently employed there as a bartender. She testified that the lighting where Ms. Carter was seated in the bar was bad. She testified that she is supposed to wear glasses but doesn't and that she was seated at the opposite end of the bar on that night. In response to questions from the Authority, Ms. Bishop testified that she recognized Ms. Carter as a classmate of her daughter's. She stated she did not have an opportunity to tell the bartender of this fact until he had already served her. She testified there were approximately 50 to 60 people there that night. Mr. Johnson then asked Ms. Bishop if a person can see through the window on the east side of the entrance. She testified that a person could not see through the window. Joanna Dean was sworn. Ms. Dean testified that she was at the Sportsmen's on March 13, 1993 at 10:40 p.m. She testified that she witnessed Ms. Carter enter the bar. Ms. Dean testified that she has been a bartender off and on for the past 15 years. She has had a 3.2% liquor license issued in her name. She described Ms. Carter's appearance on that night the same as she appeared at the meeting, but with a subtle difference. Ms. Dean stated she thought Ms. Carter was wearing makeup on that night due to the fact that her cheeks were rosier. She testified that Ms. Carter looked more mature when she walked into the bar then she appears in Exhibit A. She testified that she would have served Ms. Carter a drink without asking for identification. Ms. Dean stated she appeared to be 22 or 23 years of age. Mr. Temple cross-examined Ms. Dean. She testified that she was at the other end of the bar when Ms. Carter walked in the bar. Ms. Dean stated that she had been in the bar for about 20 minutes, had one drink and left. She testified that Ms. Carter looks older at present than she does in the photograph. She stated that perhaps it was a difference in attitude that made Ms. Carter appear older when she walked into the bar. Thomas Wahlberg, 3407 Pembroke, was sworn. He testified he is the owner of the Sportsmen's Bar for approximately 9 years. He described the clientele as mostly older people. He stated he was not present at the bar on March 13, 1993. Mr. Wahlberg testified that both windows on the front of the establishment are both heavily tinted. He testified that a person cannot see through the windows at night. He stated the seating capacity of the bar is 63 and it is posted. Mr. Wahlberg testified that he was not advised of any violation that occurred on February 6, 1993, by the Police Department or by his bartender on duty that night. Mr. Temple cross-examined Mr. Wahlberg. He testified that younger people have come into the bar on occasion, but usually with their parents. Mr. Wahlberg testified that the bar is not frequented by a younger crowd. 17 July 28, 1993 Mr. Johnson rests. In response to a question from the Authority, Mr. Wahlberg testified that a person can see out the windows onto the street during the day. He testified that at night, the bar is dark also. Mr. Temple presented closing statements. Mr. Johnson presented closing statements. Authority member Poncelow made a motion, seconded by Authority member Schroeer, that a violation occurred at Sportsmen's Boss Hoggs on March 13, 1993. Yeas: Crowfoot, Norton, Poncelow, Schroeer and Wawro. Nays: None. THE MOTION CARRIED. Administrative Assistant Harris reported on the prior history of the license to the Authority. Officer Tower was recalled to provide further information on the violation that occurred on February 6, 1993. Officer Tower referred to a report filled out by Officer Whitson of the Selective Enforcement Unit on February 6, 1993. Officer Whitson and Officer Rothchild performed a compliance check on the Sportsmen's Bar with an explorer scout on February 6, 1993. Mr. Trumbauer was the bartender on duty. The scout was sent in with $11. The scout ordered a bottle of Budweiser beer and paid $2 for that beer. The notes on the form were, "The bartender drinking draft beer while on duty." He was so drunk I couldn't get his attention at the bar. One male patron was so drunk he was passed out on the bench. Mr. Johnson clarified from Officer Tower that all he was doing was reading from another officer's report. Officer Tower confirmed this. Mr. Temple's recommendation on a penalty was if not revocation, then a substantial suspension for this violation. Administrative Assistant Harris gave more information regarding actual days of previous suspension served by licensee. Mr. Johnson recalled Mr. Trumbauer. He testified that on February 6, 1993, he spoke with a gentleman who informed him to let the manager, Curtis Carter, know that he would be in touch with him sometime during that week. He testified that Mr. Wahlberg was not present in the bar on February 6, 1993. Mr. Trumbauer testified that he informed the manager, Curds Carter, of the violation on February 6, 1993. He could not confirm that Mr. Carter informed Mr. Wahlberg of the violation. Mr. Trumbauer stated he was not aware that a violation had occurred, but was informed that the gentlemen he spoke with on February 6 wanted to speak with the manager. He then informed Mr. Carter of that the following day. In n U July 28, 1993 Mr. Johnson recalled Mr. Wahlbetg. He testified that he was not aware of any violation occurring on February 6, 1993. He stated 2 or 3 weeks later, it was mentioned to him that the police had been in the bar, but he was not informed that a violation had occurred. Assistant City Attorney Heffernan clarified for the Authority that if it imposed a suspension of more than 14 days, then no fine in lieu of suspension could be paid. If the penalty imposed is 14 days or less, then licensee would have the ability to petition for a fine in lieu of suspension. Authority member Poncelow made a motion, seconded by Authority member Schroeer, that the license issued to Sportsmen's Boss Hoggs, 210 Walnut Street, be suspended for 15 days continuously to be served within the next 45 days and with the premises to be posted. Yeas: Crowfoot, Norton, Poncelow, Schroeer and Wawro. Nays: None. THE MOTION CARRIED. Adjournment Authority member Norton made a motion, seconded by Authority member Schroeet, to adjourn at 12:50 a.m. Yeas: Crowfoot, Norton, Poncelow, Schroeer and Wawro. Nays: None. THE MOTION CARRIED. These minutes were prepared June, 2001 and were not submitted to the Authority for approval. The Authority members present at this meeting were no longer members of the Authority at the time these minutes were prepared. 19